Crime and no punishment

Patterson acknowledges, though, the state has the burden of showing that each person was properly informed that they can return for trial--a task that falls to the civil division of the district attorney's office. And a review of last year's bond forfeiture cases shows that, in many cases, the district attorney's office dropped the ball. Whether they will in Briana's case remains to be seen at a January 21 bond forfeiture hearing.

Meanwhile, as a result of Briana's case, state and federal authorities have begun to take an interest in the question of whether some bondsmen and lawyers may be knowingly helping criminal aliens flee the country. And at the urging of state authorities, the Mexican government recently issued a provisional arrest warrant for Martinez's return, and several law enforcement officers say they are optimistic that she eventually will face trial.

But while little Briana may yet get justice, it is less clear whether the proposed changes will stem the number of illegal immigrants--not to mention bondsmen and defense lawyers--taking advantage of the law.

In Maricela Martinez's case, Stephanie Hudgins and a number of other county employees are determined to bring her to justice. "I've got [Briana's] picture blown up," she says. "It faces my desk, so every day I look into this little girl's eyes. Because it matters.