| MILWAUKEE — A U.S. District judge
has denied a defense motion to dismiss the charges against a
Filipino-American physician couple accused of keeping a
Filipina illegal immigrant maid working in their house for
19 years.
As a result of Judge Rudolph Randa’s ruling, the trial of
Drs. Jefferson N. and Elnora Calimlim, and their son
Jefferson M. Calimlim, resumed May 24.
The trial was in recess Monday and Tuesday because Randa
attended a judicial conference in Chicago, according to the
Journal Sentinel.
The elder Calimlims’ attorneys argued on May 19 that
prosecutors did not adequately prove a case against the
Calimlims.
Federal prosecutors accuse them of importing a maid, Irma
Martinez, and keeping her working in the family home and out
of public view for 19 years.
Their eldest son, Jefferson M. Calimlim, also is charged
with harboring an illegal immigrant and making a false
statement to a federal investigator.
Michael Fitzgerald, Elnora Calimlim’s lawyer, said there
is no evidence the Calimlims forced Martinez to work for
them specifically, and that the maid could have gone to work
for another family.
He likened Martinez’s case to that of other illegal
immigrants who seek to remain out of public view. “That is
the same fear of the 10 or 11 million illegal aliens that
live in this country,” he said.
Prosecutors responded by saying that the Calimlims
systematically intimidated Martinez into staying with them
and intentionally exploited her for 19 years for cheap
labor.
Assistant U.S. Attorney Tracy Johnson reiterated that the
Calimlims told Martinez she was illegal upon her arrival
despite a visa they had secured for her.
Johnson also noted the difference between the millions of
illegal immigrants living and working in the U.S., and
Martinez who was not allowed to be seen with the family when
outsiders were present.
“Those other aliens, even though they are illegal, are
walking around and making their own choices,” she said. “It
is clear (Martinez) did not want to work under the
conditions she was in.”
In ruling, Randa said enough credible evidence has been
presented that the case should be allowed to proceed.
If convicted, the Calimlims face penalties including
possible prison, fines and forfeiture of their palatial
Brookfield home
Martinez’s plight came to light when Sherry Bantug, an
estranged wife of the younger Jefferson Calimlim, called
federal authorities.
“I care about her,” Bantug testified, describing Martinez
as missing out on her chance for a family of her own. “She
was afraid.”
Bantug, whose marriage to the younger Calimlim lasted 17
months, said she called authorities while the divorce was
pending in the fall of 2004.
Martinez worked for the Calimlim family from July 1985
until she was removed from the house in Sept. 29, 2004,
according to testimony.
She now lives in a Chicago apartment with her father and
has a new job. She has been given a temporary worker permit
to stay in the U.S. until October.
Less than two years into her time working for the
Calimlims, Martinez wrote to her family in the Philippines
to say she felt “like a prisoner” in the U.S. “If I’m out
with them and they see another Filipino, they hide me,”
Martinez wrote in one letter.
In her testimony, Martinez said the Calimlims never
brought her to the doctor even when she’s in extreme pain
over irregular menstrual cycles.
She said Elnora would tell her that she could not go to
the doctor because she was undocumented without insurance or
a Social Security number, Martinez testified.
About five or six years after Martinez agreed at age 18
to go to the U.S. and work as a maid, she began menstruating
twice a month, something “I knew wasn’t normal,” she
testified.
“I dropped to the floor sometimes” in pain, she said.
Martinez said that Elnora never examined her but told her
that she would not be able to have children.
She said the family also would not take her to a dentist
to care for her broken tooth — again because of her illegal
status.
But under cross-examination by Elnora’s attorney, Michael
Fitzgerald, Martinez acknowledged writing letters to her
mother that said the Calimlims cared for her medical needs.
“I was sick for two weeks,” Martinez wrote in an Aug. 20,
1999, letter to her mother. “Nora [Elnora’s nickname] gave
me a lot of medication. Don’t worry about me. I live with a
lot of doctors so I will be fine.”
Meanwhile, the Calimlims’ closest friends and neighbors
testified that they never knew the Calimlims had a maid and
never saw one when they were at the house.
Martinez testified that Elnora told her she could not be
seen by or meet people because they might report her to the
authorities for being an illegal.
“She told me that I could go to prison,” Martinez said.
To keep her hidden, the family controlled virtually every
aspect of her life, she testified.
She could not go in the yard, even to play with the
Calimlims’ three children, who were young when she first
began working there.
The children often were frustrated as well, asking why
they couldn’t go outside to play, she testified.
She also could not answer the door, unless it was
relatives. There was one exception: a Halloween when she
asked to be able to hand out candy and was told to wear a
mask that covered her face, she testified.
She was told to answer the phone only after it rang 10
times and after she made sure it was one of the Calimlims
calling, she said. Her letters to her family were placed in
a second envelope without her name on the return address.
Although she did the family cooking, she was not allowed
to go grocery shopping and had to give her grocery list to
the family for purchasing.
When she went to church, she did not sit with the family.
At times she was told to duck down in the car to avoid being
seen, she said.
Prosecutors said Martinez earned about $100 a month — or
less than $4 a day — for the first 10 years and about $400
thereafter.
The Calimlims, who immigrated to the U.S. in the early
1970s, live in a $1.2 million, 8,600-square-foot home with
about four cars, including a Porsche.
Martinez testified that she served as a maid and nanny
and also cleaned the Calimlims’ investment rental apartments
and Jefferson N. Calimlim’s medical offices and medical
instruments.
She also washed, waxed and changed the oil for the
family’s cars — always inside the garage to avoid being
seen.
When the family had guests over, she was told to hide in
her basement bedroom and lock the door from inside.
Sometimes the parties, for which she would cook the food,
would last five to eight hours, and they would be held in
the basement right outside her bedroom, she said.
Martinez testified that she was not allowed to leave the
bedroom to go to the bathroom until the guests had left.
Once they left, she had to clean up the party mess.
She cried as she viewed a photograph of some of her eight
siblings in front of their family hut in the Philippines,
saying that she has never seen some of her brothers who were
born after she left.
But under cross-examination by defense attorneys,
Martinez acknowledged that she had opportunities to leave
the Calimlims.
Martinez decided to stay to keep earning money for her
family. Her money helped her siblings go to school and her
parents build a better home and buy farmland, farm equipment
and medicine for her ill father.
She testified that she never went home because she knew
she would not be able to return to the United States.
Martinez said she hopes to remain here after the trial
ends.
|