“They didn’t try to fix the brokenness,” his mother says. “They just broke him more.”
in cases like Joshua’s, where what the child really needs is mental health care, not incarceration.
This is what happened at every stage of Joshua’s involvement with the legal and carceral system — prosecutors, public defenders, corrections staff and judges all said they were acting in his best interest. One of Joshua’s sentencing documents states: “The Court finds that the best interest of the Respondent and the community will be served by placing the Respondent outside his home and committing the Respondent to the care, custody, and control of the Texas Juvenile Justice Department.
Crenshaw said that the taunting would often lead Joshua to react by mouthing off, spitting or throwing an object. The staff would then quickly restrain him. “He used to always tell me that he wanted to be the best role model for his little brother,” Crenshaw said. “He would always think about him and his mom and about going home. And every time I would tell him that, it would calm him down and he would just look at me and give me this little smile, every time.”
But Freelen says Martinez refused to speak with her and insisted that Joshua would make his own decisions. In one email exchange, when Freelen asked what would happen if she, as Joshua’s legal guardian, refused to sign court documents regarding the transfer, Martinez wrote a single sentence response: “Then I sign as his guardian ad litem,” which he did.
On Dec. 1, 2022, Joshua was denied parole because, the board stated, “The record indicates that the offender has repeatedly committed criminal episodes that indicate a predisposition to commit criminal acts upon release.” “I felt it inside my body, like something was being ripped or torn completely out of me,” Freelen said. “And I still feel it in my body. I feel like my whole body is disintegrating.”
“It’s the unknowns and the not knowing. And the wondering if we will ever know exactly what happened in that single cell,” she said.
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