Language barrier can be issue in courts

By KEVIN YOUNG

GLASGOW — When a resident of another county moves to the United States, he or she sometimes brings along emotions, impressions and assumptions about their daily lives and applies them to their new community. That might be most apparent in their interactions with American law enforcement and court officials.

Glasgow Police Chief Horace Johnson said that he thinks local law enforcement officers understand that feeling when they work with non-English speakers, and it is important for the officers to let them know they want to help, not harm.

“In that situation, I think the officers do a good job, but they just need to make sure everyone is comfortable and knows we are there to help,” he said.

He said that during his time so far with the department, he has not noticed any spikes in crime or particular trends that stand out among the Hispanic members of the community, but the skeptical feelings among some are sometimes apparent.

“I have noticed a hesitancy among the Hispanic portion of our population to not want to come forward to the police with information, even when they are the victim. There is a level of hesitancy there,” he said.

Liset Espinoza interprets for Spanish speakers in Barren County courtrooms. She said a lot of that hesitancy comes from preconceptions about law enforcement in an individual’s previous country.

“I think a lot of times, back in our home countries there is a lot of corruption. I know Mexico has a lot of that going on, and I’m sure it exists a little bit in other countries. I think less of that happens here, but I think a lot of that (hesitancy toward law enforcement) is based on their experiences in their home country and they have the thought that it is the same here,” she said. “There are times that they can’t express their feelings and they become hesitant. Of course, immigration has a lot to do with it and one of the major reasons why they hesitate is because they are afraid they will be deported if they are not here legally.”

Barren County Sheriff Chris Eaton said that the business owners and farmers in Barren County play a large role in helping law enforcement by hiring good workers.

“A lot of the Hispanics in our community are working on farms, and I attribute a lot of that to the farmers for hiring good law abiding citizens,” he said. “We have a great farmer population and I really trust them. They have always cooperated with us and help us with anything we need.”

While the Glasgow Police Department does not currently have any officers that can speak Spanish, Johnson said it is something he wants to change soon either through classes or language books for the officers. Eaton said one of his deputies, Steve Clark, can speak Spanish, and there is a Spanish language capable employee at the jail to assist with the booking process and answering questions.

“The only thing you really can do is just use your best judgment and resources, or call a translating service if you need to,” he said.

Barren Circuit Judge Phil Patton said that the court system is set up to accommodate non-English speakers during civil and criminal trials. The court has interpreters it can call when one is needed to provide assistance to a defendant or a jury.

“At a trial involving multiple languages, there must be a translator, sometimes more than one translator. We may need a translator in the witness box to translate for the jury, judge and courtroom. And the defendant has a translator all the time. It’s a process that hasn’t proven to be burdensome,” he said.

Espinoza, also a paralegal at Gillenwater, Hampton and Bell Law Firm in Glasgow, said her goal in the interpretor capacity is mainly to help ease any fears the defendant may have and answer their questions.

“I think my role brings a lot of comfort so that they can see what is going on, and they know that somebody else who speaks Spanish is here and they are familiar with the setting and can help,” she said.

Kentucky is one of seven states that utilizes a jury to sentence defendants in a criminal case, and Patton said he has noticed a trend in sentences against Hispanic defendants that he finds somewhat curious.

“I have noticed that juries seem to be harder on Hispanic defendants than others in recommending longer or tougher sentences. And I have not seen a similar trend against white or African American defendants,” he said.