MINNEAPOLIS — The sentencing of Ricardo Batres in Hennepin County last week marked a historic step in the local prosecution of labor trafficking cases, but some are concerned that it still isn't enough.
Batres, who pleaded guilty to labor trafficking and insurance fraud, was sentenced to 270 days in jail and five years of probation.
The conviction and sentencing of Batres last week is the first successful one in Hennepin County's history, and one of the first in Minnesota.
Hennepin County Attorney Mike Freeman called Batres' treatment of his construction workers "negligent," "abusive" and "unconscionable." He celebrated the sentence as a victory, saying it was the "right step" for labor trafficking prosecution in the county.
The victims who gave statements at the sentencing, however, did not feel that the length of jail time was sufficient. Neither did Samantha Serrano Vargas, a construction worker who was present at the sentencing.
"Two hundred seventy days is nothing compared to the abuses that he did and how big of a problem this is," Serrano Vargas said through an interpreter.
One statement from a victim read, "I do not feel like I have the same freedom to go anywhere because I fear those connected with Mr. Batres. I must be careful wherever I go. I am always fearful."
In response to an inquiry from KARE 11 regarding the length of the sentence, Freeman issued the following statement:
"Under Minnesota Sentencing Guidelines, labor trafficking is an unranked offense. There are no designations for what the sentence could be.
When our office took this case, our attorneys had to establish what they thought would be an appropriate sentence for labor trafficking based on their professional expertise. The Ricardo Batres case is the first labor trafficking case to be charged, tried and convicted in Minnesota. The Hennepin County Attorney’s Office has set a precedent for how future labor trafficking cases in Minnesota can be sentenced."
Former Ramsey County Attorney Susan Gaertner, now an attorney with Gray Plant Mooty, said that the milestone is still significant.
"This case represents what I would consider cutting-edge prosecution," she said. "And by that I mean that it is a newer approach to make it criminal to exploit workers financially."
Gaertner confirmed that the "unranked" aspect of the crime makes the case more complicated.
She said that because the local court system doesn't have much experience with labor trafficking prosecutions, it does not have any set sentencing guidelines yet. That means the prosecution, defense and judges have to get together and decide what sentence they think is appropriate.
"After a certain amount of time and a certain amount of experience with the given crime, then the sentencing guidelines commission usually will come up with a standard or normal recommended sentence," she said.
Gaertner said that recommended sentence could end up similar to this one - under a year - or it could be eventually ranked as more serious.
"It’s just too soon to tell," she said.
Madeline Lohman, with The Advocates for Human Rights, said she hopes that this crime will eventually garner a heftier sentence in Hennepin County.
"It’s something we’ve changed in sex trafficking and now we need to change it in labor trafficking," she said.
Lohman said her organization is thrilled with the successful prosecution. Even so, she acknowledged the sentence is "frustrating" for the victims.
"While the thought that Ricardo Batres will be out in less than a year and potentially a threat to them is very worrisome, this was more of a sentence than would normally happen under the guidelines," she said.
Lohman said the sentence does reflect the severity of the crime, but "because the law is insufficient, it was not enough for the victims."
CTUL (Centro de Trabajadores Unidos en la Lucha), a local advocacy group that supported the victims in this case, released a statement that read in part:
"This is the first case of labor trafficking to be tried in Hennepin County, and the first case to be brought to light in construction in Minnesota. This is a good first step towards change, bringing to public light the rampant and systemic abuses that are happening in non-union construction work."
