Jacqueline Montanez was 15 years old on the night she murdered Hector Reyes. That was four years ago. Now her case is pending before the U.S. Supreme Court.
The case has limited interest as a matter of law. Its value lies in the snapshot it provides of a way of life almost beyond understanding.The record tells us nothing of Jacqueline's birth and early childhood. We learn that when she was 10, she was hospitalized for an overdose of drugs. At some point she was committed to a foster home.
In Chicago she became a child of the Hispanic community and a chief in the gang known as the Maniac Latin Disciples. Her gang name was "Loca D," meaning "Crazy Disciple." By her own confession, the 15-year-old was hooked on marijuana, cocaine and acid.
On or about May 10, 1992, a rival gang known as the Latin Kings killed a member of the Disciples identified only as "Mudo." Under the protocols of gang warfare in Chicago, the death had to be avenged.
Two days later, on the night of May 12, Jacqueline set out with two girls who also were members of the Disciples, "Muneca" and "Tuti." They planned a "mission." She had obtained a .25-caliber automatic.
From a summary of her confession:
"They drove in the car of `Rabbit,' the brother of Muneca, to the area of the Latin Kings. They looked for Latin Kings and finally met Jimmy Cruz, whom she knew, and Hector Reyes, whom she had met previously. They were Latin Kings. They were in another car and agreed to meet in Humboldt Park `to catch a buzz.'
"At the park they left their cars and walked. She walked with Cruz until they arrived at a washroom. Reyes said he needed to use the washroom, and she walked in with him. They kissed in the washroom for a couple of minutes. When Reyes turned his back to use the toilet, she shot him in the back of the head.
"After leaving the washroom, she gave the gun to Muneca. Tuti, who was walking hand in hand with Cruz, gave Muneca a signal, and Muneca went up to Cruz and shot him in the back of the head. Jacqueline then drove with her friends to her gang's area. There she told her fellow gang members what they had done and they celebrated with marijuana and beer."
Police took only a few hours to break the case. Detectives Ernest Halvorsen and Renaldo Guevara arrested Jacqueline about 9 o'clock on the night of Wednesday, May 13. They took her to police headquarters and placed her in an interview room. Halvorsen arranged for a squad car to go to the home where the girl formerly had lived. Police informed her mother, Sandra Lorenzi, of the murder.
Back at headquarters, Detective Halvorsen attempted to reach a youth officer to monitor questioning of the suspect, but no one was immediately available. Halvorsen read the girl her Miranda rights and began questioning at 10 o'clock. A little past midnight, youth officer Robert Pulia arrived with Assistant State Attorney John Dillon. At 12:30 Pulia again advised her of her Miranda right to remain silent.
About 2 a.m., the girl's mother came to headquarters to speak with her daughter. Police refused her request. It wasn't until 8:30 that she saw Jacqueline.
A grand jury indicted Jacqueline for murder. The case came on for a jury trial. Her lawyer moved to suppress the confession, but the trial judge let it in. The jury found her guilty. The sentence was mandatory imprisonment for life. The conviction was reversed because police had prevented the girl's mother from seeing her during the night of the 13th.
For a moment, put constitutional law to one side. How and why did this child go so terribly wrong?