Page Two by LieStoppers

Eric's Smuggled Camera Blog Post

2008-04-14T18:40:00.000-04:00

Eric's New Blog starts off with this video he made during his incarceration.

Smuggled Camera Blog Post

Update from Eric

2008-02-12T14:51:00.000-05:00

UPDATE February 11, 2008

Since my release seven weeks ago we have received thousands of letters from all over the world. The content ranges from celebration of the life of Doris, inquiries about my health, to the status of the case, conspiracy theories (some of which are true), cultural analysis, concern for the future of U.S.- Nicaragua relations, questions about elements of the case that remain unclear, people invested in Nicaragua who blame me for their losses, death threats, hate mail, interview requests from all over, etc. But the most common theme in the letters is refreshing - it is those who give thanks to the almighty creator for allowing this first chapter to be concluded in that way that it was.

There are a lot of issues that I have been dealing with that have kept me from sending an update before now, but I want to keep you informed as best as I'm able. I consider each and every one of you part of this story and I am very grateful for your on-going interest and support – it has greatly aided in my recovery!

I was really ill my first couple of weeks back on U.S. soil. I felt like the space shuttle reentering the atmosphere from another world and I had to de-tox before I came back. I'll talk more about what it has been like to re-enter society later, but like a space vehicle in reentry, after my release the case heated up before it cooled off. This didn't allow me the time I needed to rest and start the healing process as quickly as I'd hoped, but these are the steps I have to take.

My defense effort was forced to get right back to the grind after my release to bring attention to what was happening to the Appellate magistrates, (Roberto Rodriguez and Alejandro Estrada) who overturned the lower court's decision and declared me innocent. There was a powerful backlash by the Nicaraguan press because of my release. The Nicaraguan government was trying to wash their hands of the case and find some one to place the blame on.

These Appellate judges were under constant attack by the Sandinista magistrates (Rafael Solis and Alba Luz Ramos) of the Supreme Court who were exerting significant influence to try these men for ruling on the merits of my case and upholding the law and constitution. The Appellate magistrates received death threats, faced imprisonment, and loss of their positions.

As a result, two weeks after I was released, I went to New York and did a series of news features with the purpose of putting the spotlight back on the corruption of the Sandinistas Supreme court justices. My visit to New York was timed to coincide with the hearing dates in which the appellate magistrates were being tried.

I offered interviews to the New York Times, the Today Show, Anderson Cooper of CNN, and the two largest Spanish-speaking networks on the air, Telemundo and Univision. I came prepared and was very deliberate in my interviews, citing what group was fronting the efforts to undermine the justice that had been delivered. The day after the features aired, the Supreme Court magistrates Rafael Solis and Alba Luz Ramos stopped showing up to work, they were hiding from the press, and ceased attending the hearings that they had initiated. Once again, the press proved it's power.

[Last week the results of the investigation of the Appellate magistrates were announced. There would be no sanctions against either of the Appellate magistrates – great news! The President of the Supreme Court in Nicaragua stated that, "…the Supreme Court's investigations have concluded that the Magistrates of the Court of Appeals in Granada, Robert Francisco Rodriguez and Alejandro Estrada, who ordered Volz released by revoking the original sentence, and Norman Miranda, who dissented via a vote for annulment of the original sentence, acted according to their own criteria and in accordance with the law."]

I spent last week in Washington, D.C. where I met with members of the State Department, sharing with them some of the, so far, unpublished pieces of this story, as well as giving them the opportunity to explain the methods in which they chose to approach my case with. In addition, I visited with key members of Congress who were the most instrumental in championing my case on the Hill. It was a great opportunity for me to both thank them for their efforts as well as investigate how your letters and out reach asking for their support actually translated into action. It was a very informative visit that provided much clarity and more pieces to the puzzle.

Many of you have asked in the letters what I'm doing now. I want to reiterate my commitment to tell the entirety of this experience. My estimation is that only 20% of the story is known to those outside my family and defense team. I have decided to write a book as it has become clear that it is the only medium that can encompass this rich journey. I promise, if you thought what you know is surreal and insane, just wait until the "real story" is published!

I must mention that I also feel that a complete account of this piece of history could be very healing for many people and collectively for the US and Nicaragua relationship. As many of you point out in your letters, the events that followed Doris's murder have exposed and deepened a great wound between our two nations. It is my belief that a thorough account of this story will clarify many twisted misunderstandings and subsequently be a step toward bridging the gap.

One of the great pleasures I have had since my release is bumping into people who have been part of my support network these past 16 months. It has provided me a whole new level of understanding of the magnitude and impact of this ordeal. I have been greeted with tears by new friends; people approach me in the street and just grab me and hug me, many of them speechless that I'm really standing in front of them. Believe me, it's hard for me to grasp too, but I'm honored and humbled by your words, hopes and expressions of support. The depth of the community is astounding and I thank you!!!

Finally, we are in the process of re-designing our web site and consolidating the on-line community. One of the features we are compelled to focus on is other cases of injustice that we believe need the attention and support of this powerful and committed community. Whether you knew it or not, through your involvement in bringing attention to my story, you have in essence become what I've begun referring to as "shareholders in justice" and we will continue, with your help, to raise awareness for those in need of it!

Thank you for your letters and continuing to be part of the story!

With love,
Eric V.

Letter from Eric

2008-01-06T12:30:00.000-05:00

Friends & Supporters,

I'm sorry it's taken so long to send a message, but this is the first chance I've had to get this information out. The good news is that I actually typed this update directly into a computer, instead of passing hand-written letters to my attorney which were then scanned and emailed to my support team, transcribed, typed, and blasted to the support network.

I will to take this opportunity to thank each and every one of you for your taking time out of your busy lives to follow this story. The many different ways you all showed support during the past 13 months contributed directly to my release. There is no way I could ever express my appreciation, gratitude, and wonder for this passionate community that has rallied for my freedom. I am very fortunate!!

Unfortunately, I am not celebrating my release. In fact, this is far from over! As you will see when you read the Declaration of New Facts (in Spanish & English) now posted on the web sites, my freedom has yet to be restored. The need for your continued involvement to secure justice remains: the Sandinista government is trying to overturn my release; and in order to divert attention from the fact that some of Doris' murderers are still free, are searching for another scapegoat on which to place blame.

I am still in hiding due to continued death threats. Though I haven't yet recovered physically, I must continue to fight! As an emerging community of ethically-motivated people who have gravitated to this story, you provide me the endurance and purpose to be fully committed to my ultimate responsibility: the pursuit of justice.

With love,
Eric V.

Friendsofericvolz.com

Amigosdeeric.com

Eric is Free!

2007-12-21T21:57:00.000-05:00

Statement from the family of Eric Volz – Friday, December 21, 2007 – 8:30pm Central

“Eric Volz was released from a Nicaraguan prison hospital earlier today and will be in hiding, due to reports of threats against him. We have reason to believe he is being followed and are taking every precaution to assure his safety.

Our family is overwhelmed by the incredible outpouring of support of Eric’s innocence over the past year. In the center of an impossible situation, we have experienced the most abundant love from friends and total strangers, and we thank you.

We are grateful to the courageous individuals in the Nicaraguan government who fought for truth and justice to prevail in this case as well to those in the US government who provided assistance in securing Eric’s release.

This ordeal has taken an incredible physical and emotional toll on all of us, especially Eric. We thank you in advance for respecting our privacy and allowing our family to recover.” FriendsofEricVolz

A Letter from Eric's Mom

2007-10-09T16:05:00.000-04:00

Well, how should I begin? The last time that I saw Eric was on May 19… his 28th birthday.

Based on the information that we read in the Nicaraguan media, we expected that the appellate decision would be made by now. When I left the penitentiary in May I never thought that I’d have to see Eric there again.

He’s still so frustrated! None of us can believe that it’s been nearly a year since his arrest. His spirits remain strong, but when I’m sitting there looking at Eric in the environment of the penitentiary, it’s inconceivable that he’s still suffering this injustice nearly 11 months later…it’s so wrong to see him there.

After five long months of expectation, and no decision by the appellate court, I returned to Nicaragua; it was time to see Eric.

I was able to visit him several times and bring him essential items that he desperately needed…food, reading materials, letters from those of you who have written and some homemade cookies from some dear friends. It was so good to see him again. It was great for both of us to see each another.

Many of you have inquired as to Eric’s health, safety and the status of the appellate process. Since our last communication, the prison has returned Eric’s nebulizer and asthma medicine and his breathing has improved. His overall health is somewhat better, but is still an ongoing issue.
As for Eric’s safety, while I was there, there was a violent riot in the penitentiary resulting in numerous injuries. Obviously, Eric’s safety continues to be of major concern.

Regarding the appellate process; there is no news. Eric's appeal remains in the possession of the appellate court and, at this time, we have no official word on the status or movement of the case. During the appeal process it is critical and his legal right that Eric have regular meetings with his attorney. However, prison officials have continually denied access to his attorney.

Despite the difficulties prison officials imposed, Eric and I were able to focus on the quality of our time together.

Eric still receives and reads every email, and though he can’t respond directly continues to refer to your messages as his “lifeline”. Eric asked me tell you that he still wants to hear from you - please continue to write to him.

I can’t begin to express the depth of pride I feel for the man that Eric’s choosing to become. He inspires me and I am honored to be his mother!

Bendiciones,Maggie

Friends of Eric Web Site

A Letter from Eric

2007-08-20T01:19:00.000-04:00

Dear Friends,

Out of concern for my safety, my defense team and I have been extremely passive and gracious to those responsible for this injustice. Some might be surprised to know that despite the overwhelming evidence proving my innocence and a growing network of global support, the indicators and nuances we are getting here tell us that my freedom is not getting any closer.
As I enter into my 9th month in prison with no word from the appellate court and with the authorities increasingly violating my rights to defense (see Appendix 1), it has become obvious that an adjustment to our approach is needed. I have waited as long as I can to write this letter, but as a man fighting for his life, I’m left with no other choice.

I’ll just get straight to the point – everyone wants to know what’s going on? “Why haven’t they ruled on your appeal?” In order for people to understand the context of the situation I need to give a short summary of some of the events that have taken place since the trial. I will share many details that have not yet been offered through the web updates as we have tried to keep the attention focused on the judicial process instead of all the hype surrounding it. This story has many branches so I have added appendices providing background information on some of the elements mentioned.

After I was found guilty by the district court, as many of you are aware, the story was picked up by some international press groups. Up to this point the only press coverage of the case had been by Nicaraguan media that, with the exception of two reports (see Appendix 2), was absolutely biased and determined to convince the Nicaraguan public that I had murdered Doris. By manipulating, filtering (see Appendix 3), and most of all utilizing prejudiced tones in the headlines, they succeeded in their goal and their dishonest version of the story has become “gospel”.

So when the international investigative journalists started providing coverage, it was really the first time the story had been told from an impartial perspective, even though the case was already more than three months old. And although it raised awareness around my situation, which has translated into amazing support from all over the world, the effect that it had on me here in Nicaragua was, for the most part, negative. Let me explain why…
The international press gathered the facts from all sides and for the first time the evidence supporting my innocence was reported. So, when contrasted to the biased version the Nicaraguan public had been fed, it was suddenly a much larger story that not only suggested that there is no way I could be guilty of what I was being accused of, but also leaves you questioning the legality of the judicial process of this case.

The Nicaraguan news sources that had deceived the public were suddenly faced with an embarrassing problem. They were being held accountable by the international media’s non-biased version of the story and many Nicaraguans were starting to take notice. The newspaper El Nuevo Diario (see Appendix 4) was the first to react and, as a strategy to save face, chose to further deceive the public by questioning the integrity of the international reporters and once again leveraging resentment against me and my family as they had done before the trial.

They started with an article called “Campana Peligrosa de Familia Volz” (Dangerous Campaign of the Volz family), in which they claimed that the international media was being directed by my family and that we were attempting to politicize the story by making reference to the political history between the U.S. and Nicaragua. In addition, they ran an article called “Derrocha de Dinero” (Squandering of Money), where they reported that my family was “spending enormous sums” to fund the international media coverage (this is of course absurd, besides the fact that we are all broke, anyone, who thinks logically, would know that a civilian family doesn’t have any influence over what is produced by CNN, NBC, Wall Street Journal, Washington Post, or any other international media outlets. They report what sells). The Nicaraguan tabloid “Hoy” also attacked hard with a series of front page stories telling readers that the international news interest and web media was a result of my “power to manipulate.” Several Nicaraguan national TV news programs followed the newspaper’s lead and aired some reports on the “grand and potentially dangerous campaign of the Volz family.” (I encourage people to look these articles up and read them personally).

In essence, what these news sources were telling the Nicaraguan public is that the corporate news brands abroad were being influenced to present me as a victim. As a move to preserve their credibility they implied that the dishonest version of the story was not their own, but rather that of the international corporate networks. In addition, they further generated dislike for me and my team by saying that the foreign press coverage was giving Nicaragua a bad name, claiming its judicial system is corrupt - that was never said in any of the international media coverage.

The overall result of us being accused as the “directors or authors of a movement that was giving Nicaragua a bad image” generated a new wave of resentment toward me by those who had been once and again fooled by the Nicaraguan press (see Appendix 5). I immediately felt the consequences of that resentment in prison not only from fellow inmates, but by the authorities as well. The resentment had obviously become institutionalized because the warden stopped allowing me to do interviews and, in violation of my constitutional rights as a prisoner in the appeal process, dozens of Nicaraguan and international reporters were turned away without me even knowing. The public relations department of the penitentiary system was simply responding to inquiries by saying, “Eric doesn’t want to do anymore interviews.” CNN was even denied entrance despite the fact that they had a specific court order authorizing them to interview me. The message was clear – the authorities didn’t want the world to know the truth.

After almost three months a couple of progressive Nicaraguan journalists who were interested in telling my side of the story to the Nicaraguan public somehow managed to get permission to interview me in prison. On the afternoon of May 9 I was interviewed by Camilo de Castro from the TV news program “Esta Semana”, Xavier Reyes Alba from La Radio Trinchera, and Elizabeth Romero from the newspaper La Prensa (that three hour block was the first and only chance I have had to defend myself in the Nicaraguan press).

Since it was the first time the general Nicaraguan public would hear me speak and they were aware of how much slandering the press had done with me, all three journalists published the interviews in a neutral Q&A format. Due to the time and space constraints of their mediums, I only really got to scratch the surface, but I was able to share enough of my unheard story to apparently have really challenged the Nicaraguan public to reconsider what they had been told.
In fact, I was told by a source that 50% of San Juan del Sur believes that I’m innocent since those interviews were released, but that many are still apprehensive to acknowledge it publicly for fear of retaliation from Doris’ family. Another person told me that most of the people in Managua now believe that I’m both completely innocent and got set up, or that something mysterious went on in the judicial process.

Unfortunately, that series of interviews also caused the authorities to react by applying even more pressure on me in prison. You see, defending me means pointing out some of the inconsistencies in the accusations against me. For example, the judge said I was scratched by Doris on my shoulder, but the police report stated that there was no skin tissue or blood found under her nails. Or the fact that the district attorney prosecutor had evidence linking Danglas to the crime scene, but withheld it knowing that they were going to free him in exchange for his testimony against me. In other words, when I defend myself certain institutions here not only look bad, it makes people question their motives.

To my surprise, after the interviews there was virtually zero reaction in the press. The only rebuttal, to my knowledge, was an article in the tabloid “Hoy” refuting my explanation that the bruises on my shoulder were caused by carrying Doris’ coffin. The same article featured a side column where Doris’ mother demanded that the National Police present the “supposed declaration” in which, according to them, I admitted to the murder of Doris (see Appendix 6) - (as far as I know, this declaration “story” is the main reason why she was initially convince that I was guilty).

Now the police, as a result of my interviews, had Doris’ mother breathing down their neck. And although it points out many of the inconsistencies and contradictions in the case against me, it wasn’t enough to convince Doris’ mother of my innocence, it was enough to have pissed someone else off somewhere. The next day the prison guards started handcuffing me within the prison (see Appendix 7), cut my access to the telephone to one call per week, and started telling anyone who wanted to see me that they needed a court order, including my attorney (see Appendix 8).
Several weeks later on May 25, El Nuevo Diario newspaper ran a small article called “Trabajan en proyecto de anular juicio Volz” (They are working on the project of annulling the case of Volz) in which the secretary of the appellate court was interviewed saying that 75% of the case file had been reviewed by the magistrates presiding over my case and that they would be ruling “in the next couple of weeks” (which would have meant the 2nd week of June). He also explained that they were leaning toward annulling the sentence and calling for a retrial, describing the various terms under which this could happen. The article also mentioned that the police were revisiting some of the clues of the investigation including the American real estate developer, Ken Ross, who they claimed has information on who killed Doris (see Appendix 9).
Overall, it just seemed as if the article was published with the purpose of testing the possible verdict to see what kind of reaction it would provoke. After all, annulling the trial would be a temporary way to diplomatically save face internally in Nicaragua. One must remember that a correct ruling declaring me innocent suggests that the national police, the district attorney prosecutor, and the trial judge all made mistakes. And that is not the only pressure that the magistrates are faced with.

On June 1 an article called “Ruling on Volz Appeal Expected Soon” appeared in the English newspaper for ex-pats and tourists, “The Nica Times”. The author, Tim Rogers, speaks with the head of the three judge appellate panel presiding over my appeal, who again confirmed that “75% of the case file had been reviewed” and that they were “expecting to rule in the next few weeks,” (which, again, would have been the middle of June). He also said that they (the presiding magistrates) are in a tough situation and feel the pressure because if they rule in favor of Eric Volz there will be “a revolt on the part of Doris’ family and they (the judges) will be accused of being corrupt.” On the flip side he explained, “…that if they confirm the sentence, there will be a revolt by the international community.” The fact that the potential public reaction of their verdict is even mentioned is symbolic and will let those reading draw their own conclusions as to what that could mean in terms of due process.

After realizing that indeed the appeal was being affected by the pressure of public opinion, some Nicaraguan friends of mine in Managua decided that best way to help would be to try and relieve some of the pressure by spreading more awareness about the facts by proving my innocence. They organized a grass roots campaign called “Justicia por Eric Volz” (Justice for Eric Volz). They pooled money to finance 30 large banners that were hung at the busiest intersections in the cities of Managua, Masaya and Granada. They also handed out 15,000 fliers telling people to “get to know the truth” and visit the amigosdeeric.com web site.

So far, this civil campaign has been the single most impactful action yet in support of me in Nicaragua. The traffic on the Spanish web site greatly increased and Nicaraguans for the first time were able to read “The Declaration of Facts” prepared by my defense team, which speaks for itself. I started getting tons of letters from Nicaraguans apologizing for what has happened to me, on behalf of their system, offering help, and explaining how they originally thought I was guilty, but after learning more, clearly see that I was used as a scapegoat. Also, many people committed to spread around the web site and promote awareness of the truth. It was an awesome success and really helped to change more public opinion in my favor among the general public of cosmopolitan Nicaragua. But, once again, it would seem that positive energy surrounding me was upsetting someone somewhere, because, although the campaign banners were authorized with the proper municipal permits, several were prematurely taken down by the authorities. My friends, who paid for them, weren’t given an explanation why.

Perhaps more relevant is the fact that, despite it’s size and impact, the ”Justicia por Eric Volz” campaign was not reported in any of the national newspapers, radio, or TV news, with the exception of “La Trinchera de la Noticia” (see Appendix 10). The fact that none of the mainstream press reported on the campaign sent yet another strong message that they were not interested in endorsing anything that was in support of Eric V. That has been the general vibe that we have been confronted with down here since the beginning – the repression and denial by the formal sector of anything that contributes to my defense.

So, here we are in month #9 with no official news or update from the appeals court as to when they are going to make a move and people are starting to raise an eyebrow out of suspicion. The international news groups are heating up again because of what seems to be a frozen appeal, the lack of communication, and the way I’ve been treated in prison have become part of the story. Everyone is simply asking, “What is going on?”

The summary you have just read explains some of the context surrounding my appeal while sharing some of the subtle and not so subtle messages that have been communicated. But there is an additional factor that must be considered.

This other factor has to do with the most relevant detail of all. It has to do with the fact that I was a foreign investor and legal resident living in Nicaragua who lost virtually everything I had worked for as a result of the judicial process I was subjected to. It is also the reason my case has become very political.

At the heart of the matter is the problem that Nicaraguan entrepreneurs don’t have the investment capacity that the country needs to create jobs and reach stable growth, which is why foreign investment is needed. At the same time, foreign investment requires a stable business climate where the rule of law is clear, an impartial judicial system is established, and equal rights are guaranteed.
The problem for Nicaragua is that this case is known internationally. Many who are considering investing in Nicaragua are referencing my situation as a case study in analyzing the investment horizon and many have already decided not to bring their capital here as a result. So, this case is a big deal as thousands of people in Nicaragua and perhaps millions of people abroad are watching and anxiously awaiting the resolution.

What will the resolution be?

The answer would seem obvious. If politicians are worried about investment and upholding the law, then let me go! They have all the evidence to prove my innocence. But with a closer look it’s not so obvious because, as I mentioned before, declaring me innocent is acknowledging that serious mistakes were made, since no new evidence is allowed to be presented in the appeal (it is the same case file, just a new court).

In contrast, as long as I am officially stamped “guilty” the fact that I was an investor who suffered serious losses as a result of being railroaded, is not officially validated because, if one was guilty, losing assets would be part of the consequences of their actions. This second scenario is the most convenient for those trying to attract investment to Nicaragua since supporting Eric Volz and trying to sell Nicaragua as a good investment is essentially a conflict of interest (see Appendix 11).

So, the answer to the question of why the court hasn’t ruled on the appeal yet has to do with these reasons that the judges are feeling the pressure surrounding my case. They are also the reasons why this has become political and, by all definitions, I am a political prisoner. This is also the reasons why this has become political and, as a result, as with all court cases that become political here, it is about waiting for a politically convenient moment to announce the verdict, whatever and whenever that will be.

This is my reality, Free Eric V.

p.s. it is important that you all know that I’m taking a risk publishing this simple and brief summary update. I’m expecting there will be another reaction by the authorities in response to me spreading the truth. This letter will also, most likely, be cited and taken out of context by national press to further condemn me and sell more papers along the way. But as I mentioned in the beginning, I have no choice. If I remain silent, the injustice becomes forgotten and goes unnoticed. And that my friends, is not going to happen!

Disclosure to close the Update:

Eric wrote this letter at the beginning of July. Since then the prison guards have allowed him two 30 minute visits with his attorneys. There are press reports that the appeals court will be announcing their verdict in the next month. Our hope is that this will be true. In the meantime, Eric is living on the edge. If people only knew the environment in which he produced this letter it would blow your mind. His daily reality is literally something most of us have read in books. He is fully aware of the love and support that has flourished around the world on his behalf and sends his appreciation every time we talk to him.

Appendix 1:

Only two news events pre-trial that cannot be classified as anti-Eric:
The weekly news program called “Esta Semana” by Carlos Fernando Chamorro covered the story a couple of weeks before the trial. It was the first time any of the inconsistencies in the accusation against me were reported. The host, Camilo de Castro, did a thorough investigation. In reality, the 15 minute segment was only able to scratch the surface and, although it raised important questions, the response I got from most people who saw it was that it simply left them “feeling murky about the whole thing.”

Appendix 2:

The first district judge that presided over my case, Peter Palma (upon receiving the results that none of the physical evidence linked me to the crime scene), ruled that due to lack of evidence, that my imprisonment was unfair and released me on house arrest. His decision caused a strong reaction by the public who had already been fooled by the local press into believing I was the murderer. The headlines read, “Dollarized Crime,” suggesting that I had paid a bribe for him to release me on house arrest. Doris’ mother, the district attorney, and the Rivas Police were repeatedly interviewed as they denounced the judge. It caused such a scene that Judge Palma’s decision was actually taken to the Supreme Corte of Justice (Nicaraguan Supreme Court) and a committee was formed to investigate. The district attorney prosecutor and Judge Palma himself were called to appear in front of the committee and a hearing was held. After several weeks, the Supreme Court ruled that Judge Palma had indeed, “acted correctly,” and that, “the case against Eric Volz has serious holes and deficiencies.” This verdict by the Supreme Court received a quick clip on the nightly news and a small corner article in the newspaper, La Prensa. It was another sign that the media was out to condemn me, but the news was so relevant that they had to report on it.

The fact that the Supreme Court has reviewed the case file and is on public record declaring that there are “serious holes and deficiencies” in the district attorney’s case against me is something that has not been reported in any international news story to date. I have mentioned this event in every interview and still believe it be one of the most important indicators of the truth. (El Nuevo Diario, February 7, 2007, “Fijan juicio por atroz crimen de Doris Ivania”)

Appendix 3:

Early on when the first newspaper articles started to come out and we saw how biased they were, we thought that the reporters must not have had all the facts. So my defense team took action and sent copies of the official case file to the newspaper editors as well as organized a radio/TV press conference. They clearly presented my defense alibi and pointed out the inconsistencies in the prosecutor’s charges against me. Despite our efforts, the prejudiced reporting continued. (do a key word search in the Archives of El Nuevo Diario and La Prensa newspapers for the actual articles)

When Doris’ mother declared that I had offered her a million dollars to drop the charges, my mom had to fight for a week to get someone in Nicaragua to publish her response to this false accusation. When they finally did, it ran in a thin column on the inside fold of one of the back pages, compared to the half page article that had been allocated to Doris’ mother. At one point it got so bad that we had no choice but to purchase ad space in both papers to offer a rebuttal to the ridiculous allegations that were being made. Regardless of our attempts, the papers continued to sell the story of a jealous maniac boyfriend who murdered and raped out of passion, then tried to utilize his “fortune and status” as a gringo, with support from the U.S. Embassy, to try and buy his way out of the law, which of course is not true.

At one point, an article even suggested that I was involved in money laundering and was being investigated for falsifying passports, both of which are, again, total nonsense and serve as an example of how unprofessional some of the journalism is in Nicaragua.

Not one national journalist, with the exception of Camilo de Castro from “Esta Semana” solicited an interview with me before the trial, and although all the newspaper editors knew my work with EP Magazine, they selectively chose not to bring that into the story. They clearly didn’t want people to know who I was or hear my side of the story.

Appendix 4:

El Nuevo Diario is Nicaragua’s second largest newspaper and is responsible for the majority of the propaganda against me since my arrest. Approximately 80% of the articles published nationally have been in this paper. Nearly 90% of these are articles were written by the same author, Lesber Quintero from Rivas.

Appendix 5:

The irony of this is that my family and I have actually spent a lot of time and energy keeping the corporate media frenzy as low a profile as possible.

Many of the major media groups that have covered this story outside of Nicaragua were knocking on our door pre-trial. They wanted to come to Nicaragua and do interviews. They wanted to come investigate and film me in prison. We requested that they stand down, explaining that we didn’t want to “sauce up” the already existent tension with more press. We put our faith in the Nicaraguan judicial process, believing the court would consider the facts, not public opinion.

Despite our efforts, the local press has accused us of being the ones responsible for the international media coverage, and, subsequently Nicaragua getting a “bad image.” Even the Vice President of Nicaragua, Jamie Morales Carazo, is on record saying that, “Eric’s family has done a good job manipulating the international press” (“Morales Carazo refuta al Washington Post” – El Nuevo Diario, May 11, 2007). This is a very important article because he is the highest political figure to publicly comment on the case.

Appendix 6:

Commissioner Emilio Reyes, of the Investigative unit of the Rivas Police, is the official who ordered my arrest. To justify his action he not only lied to his fellow policeman, but to Doris’ mother as well, saying that I had confessed to the murder of Doris but was given orders by the U.S. Embassy not to sign the declaration. There is, of course, no declaration (confession)! (source: HOY tabloid, February, 17, 2007, entitled: “Incidente Violent”
One of the most influential articles published convincing the public that I was guilty was when Doris’ mother did an interview with El Nuevo Diario claiming that she had a recording of a telephone call with commissioner Reyes in which he claims that “I had confessed to the murder but refused to sign a declaration.”

All of these claims are false. In the interviews I was able to do nationally, my questions to the public were;

If Doris’ mother had a recording why didn’t she present it in court?

If the policeman said there is a declaration, where is it?, and;

Why didn’t Commissioner Reyes testify in court if I confessed to him? (he was the arresting officer, but he didn’t even show his face during the trial)

When I raised these questions Doris’ mother obviously realized she was lied to by the police and that is why she demanded, in the “Hoy” article, for the police to present the declaration.

Appendix 7:

The penitentiary has a system in which all prisoners are categorized into one of four security regiments. Anytime a prisoner is taken outside the compound walls for a visit to the courthouse or hospital, by law they are to be cuffed. But within the prison, cuffs are only used on prisoners that are in a punishment regiment. These are dangerous and problematic inmates that are kept in confinement galleries, locked in their cells at all times. Out of the population of 2,600 prisoners, I was the only one not on a punishment regiment that was being cuffed. I have no misconduct reports and despite several formal complaints, have never been offered an explanation by the guards about why I was being cuffed.

It was simply a means of applying pressure and attempting to demoralize me, not to mention dangerous because if some action pops off your ability to defend yourself is limited (all the prisoners were talking about the way I was being treated). The cuffs went on for two and a half months.

The U.S. Embassy was finally able to get me a meeting with the warden in which I expressed that I have a right to an explanation for the cuffs. I asked why they started cuffing me the day my interviews were published. The warden simply told the captain of internal orders, “no more cuffs for Eric.” No explanation was ever given.

Appendix 8:

I haven’t seen my attorneys in four months. The way in which the authorities have isolated me from my defense attorney is not only a grave violation of the law, but also, as they have intended, has greatly limited my legal mobility to pressure the speed of the appeal process. Formal complaints have been issued and we are hoping to get this straightened out.

Appendix 9:

I thought this was symbolic because basically the police were admitting they weren’t satisfied with those who they had accused initially. Why else continue the investigation?
Unfortunately, the reality is another. As long as someone is in jail for Doris’ murder the case is closed. It was simply a response that was forced as a result of my national interviews that pointed out how unprofessional their investigation was. The police’s “continued investigation” has not been mentioned since.

Appendix 10:

This publication is the only media outlet that has provided consistent and thorough coverage of this case. The coverage has been well-researched and documented without all the sensational headlines of the other papers or TV coverage.Xavier Reyes Alba, 51 yrs. old, Chief Editor and partner of Trinchera de la Noticia, since September 1999; Editor-Owner of the news radio talk program "60 Minutos con Xavier Reyes Alba" (Radio El Pensamiento, Managua, founded, November 1991).Xavier began to work in the radio journalism field when he was 15 - an internship with his oldest brother Alan Tefel Alba, a journalist, too.He was the deputy editor of Barricada, the official newspaper of the Sandinistas during the 80`s, from July 1979 until Feb. 1987. He then joined the Radio Sandino Press Staff as the Chief Editor of the News Department (1987-1988).1988-1990- Deputy Director of the Sandinista Television System.1990- 2002 - Teacher at the Communication Department at UCA, (Universidad Centroamericana, Managua).1991-2007 - Partner of JART Comunicaciones, S.A., a family business (Communications Consultant).Xavier has also served as a correspondent for several magazines, Press Agencies, and has worked as the Director of Public Relations of the Electoral Supreme Council in Nicaragua.

Appendix 11:

Many people I know and some who I consider friends who are investing or doing business in Nicaragua (both Nationals and ex-pats) know in their heart that I am innocent, but have convinced themselves that I’m guilty for the sake of business. There are a few who even adopted a response that, “Eric could be innocent, but he didn’t do a good job defending himself in trial.”

Supporters have sent me letters including the responses of investment consultants and real estate developers when asked what they think about the Volz case. Let’s just say I have learned who my true friends are and who are not.

Permission to print is granted by Eric Volz. Any unauthorized use or duplication of this material is prohibited unless permission is granted by the copyright owner.

Friends of Eric Volz Web Site

Eric Volz Podcast from Prison & Appeal Status

2007-08-04T16:02:00.000-04:00

Eric sends a Podcast message from prison to his supporters.

(We suggest you use Mozilla Firefox if you have problems listening with IE)

It was also was reported on the Friends of Eric Volz web site , that there was an article in El Nuevo Diario July 31st saying that the decision on his appeal would be made in the next 2 weeks.

Eric Volz Nashville Benefit Concert

2007-07-18T07:41:00.000-04:00

Eric Volz Nashville Benefit Concert

Thursday, July 26 at City Hall - Nashville - 7pm

Thursday July 26, 2007
City Hall Nashville
7:00PM
$15.00 donation at door

Artists performing:

Tyler James
Kate York
Sam Ashworth
The Bees (US)
Katie Herzig
Jeremy Lister
Griffin House

Nifonged in Fort Collins: "Was this justice real?"

2007-07-13T08:17:00.000-04:00

The Rocky Mountain News follows The Fort Collins Weekly's lead with a 2,600 word examination of the nifonging of Timothy Masters entitled "Was this justice real?" Written by Kevin Vaughan, the article cast further doubt on the legitimacy of the police investigation and the prosecutorial tactics employed in convicting Masters for the murder of Peggy Lee Hettrick, who was stabbed to death in 1987.

"Was this justice real?" - Kevin Vaughan, The Rocky Mountain News

Lawyers for Timothy Lee Masters, convicted of the 1987 stabbing death of Peggy Lee Hettrick, continue to press for a new trial, claiming alleged gross irregularities by prosecutors.
A fight to win a new trial for a man convicted in one of the city's most notorious killings has spawned allegations that evidence was lost and destroyed and assertions that police officers and prosecutors colluded to hide information from defense attorneys.
The controversy revolves around the 1999 conviction of Timothy Lee Masters in the murder of Peggy Lee Hettrick, who was stabbed to death in 1987 as she walked home on a moonlit night in south Fort Collins. Masters was 15 at the time, and though he was a prime focus of the investigation from its first hours, it took detectives more than a decade to assemble a circumstantial case against him and file charges.
And when they took the case to a jury, they did not have a single piece of physical evidence tying him to the killing - no murder weapon, no blood, no hair, no fingerprints, no DNA. What they had was circumstantial evidence - he owned knives like the one that killed her, he talked about the difficulty of stabbing someone and he produced hundreds of pages of writings, drawings and doodles, many of them containing disturbing images.
After the trial, one of the officers who helped build the case against him came to believe that she might have sent an innocent man to prison and began work to get Masters a new trial. That effort has led to a flurry of court filings by attorneys working for Masters, laying out a series of allegations:
• That prosecutors and police deliberately tried to destroy evidence in 2006 so that it would be useless for highly specialized DNA testing.
• That investigators ignored evidence that a Fort Collins doctor, arrested in a sexual exploitation case, could be a potential suspect in Hettrick's death and "burned" all the evidence in that case.
• That prosecutors at Masters' trial committed professional misconduct by failing to disclose information about the doctor to the defense.
• That prosecutors and police lost evidence - including two hairs found at the crime scene and a bracelet Hettrick was wearing when she was killed.

Click here to read the rest of Vaughan's article which includes a timeline, an outline of the skimpy case presented against Masters, additional details on the alleged prosecutorial misconduct and more.

Nifonged in California: Arthur Caromona

2007-07-13T07:38:00.000-04:00

The Los Angeles Times features an Op-Ed today that was written by Arthur Caromona whose wrongful conviction was set aside by a an Orange County (CA) Superior Court judge only after the teenager agreed not to sue the police or District Attorney's office. Recently, Carmona appeared before the California General Assembly to offer support for several bills aimed at preventing wrongful convictions. His editorial entitled "Doing time for no crime" echoes his testimony to State legislators.

"Doing time for no crime" - Arthur Caromona, Los Angeles Times

ONE WEEK after my 16th birthday, I was arrested and charged with crimes I did not commit. I remained behind bars in a life unsuitable for any innocent person. After I served nearly three years of a 17-year sentence, the real facts of my case began to emerge and a judge let me go free. My life, however, will never be the same, and I am determined to change the laws that make it so easy for innocent people to be convicted.

On Feb. 12, 1998, I decided to visit a friend. While I was walking down a residential street, a Costa Mesa police officer stopped me at gunpoint. I was handcuffed and surrounded by other police officers with guns drawn. One officer forced a baseball cap onto my head and made me stand on the curb. I did not know it at the time, but witnesses from a robbery had been brought to identify me in what is known as an "in-field show-up," a procedure that is highly likely to produce mistaken identifications. I was arrested in connection with 13 strong-arm robberies.

My mother was able to gather evidence proving that her 15-year-old son was in school during 11 of the robberies. But we had no evidence to prove that, at 2 a.m. on a school night, I was home asleep while someone robbed a Denny's restaurant, and we had no proof that I was home baby-sitting my 11-year-old sister during the time a juice bar in another city was being robbed.

The getaway driver, a parolee with a long criminal record, admitted being involved in the robberies. He first told police he did not know me and that I was not involved. Then the Orange County district attorney offered him a sentence of two years if he would say I was. He took the plea bargain and his story changed; he was freed from prison before I was.

The court found me guilty of two strong-arm robberies, and I was facing 35 years for crimes I took no part in. The judge sentenced me to 12 years in state prison. I was 16, with no criminal record. I would have been eligible for parole in nine years, with two strikes to my name, one strike away from a life term.

Two and a half years later, just before my hearing on getting a new trial based on a writ of habeas corpus, the Orange County district attorney offered me a deal, and after three years of suffering beatings, threats and degradation in a series of juvenile and state prisons, I accepted it. I signed a "stipulation" — a piece of paper stating that I would not sue any city, county or state prosecutors. Orange County Superior Court Judge Everett Dickey ordered me released and my felonies vacated.

Although I could finally go home, I could not go back to my old life. While I was behind bars, my high school class graduated without me. I was no longer the fun-loving teenager I once was. The criminal justice system took my innocence from me. I have not received any compensation, or even an apology. And the two felonies remain on my record, despite the judge's order and the intervention last year of then-Atty. Gen. Bill Lockyer.

Now, I am fighting to prevent wrongful convictions and to help innocent people still in prison. I am also supporting a series of state bills that would make it harder for what happened to me to happen to other people. I have traveled to Sacramento in the last two years to urge the Legislature to pass legislation that would help prevent wrongful convictions. Two of these bills passed last year, only to be vetoed by the governor. This year, three bills are being considered.

Senate Bill 756, sponsored by Mark Ridley-Thomas (D-Los Angeles), would require the state Department of Justice to develop new guidelines for eyewitness identification procedures. For example, guidelines in other states limit the use of in-field show-ups like the one that led to my wrongful conviction.

Senate Bill 511, sponsored by Elaine Alquist (D-Santa Clara), would require recording of the entire interrogation, including the Miranda warning, in cases of violent felonies. Electronic recording of interrogations would not only help end false confessions but also discourage police detectives from lying during interrogations — as they did in my case by claiming to have videotaped evidence of me.

Senate Bill 609, sponsored by Majority Leader Gloria Romero (D-Los Angeles), would prevent convictions based on uncorroborated testimony by jailhouse snitches.

The Legislature should pass all three bills, and the governor should sign them. These reforms are urgently needed to prevent wrongful and unjust incarcerations.

Prison is no place for an innocent man, let alone an innocent kid.

Click here to view Video Wrongfully Convicted: Arthur Carmona

DNA Exoneration #205: Byron Halsey

2007-07-12T02:29:00.000-04:00

"Mr. Hirsch also mentions the “Innocence Project, whose DNA testing has “exonerated” 180 wrongly convicted people in the last 15 years. Terms used by experts are important, and the term “exonerated” does not mean “factually innocent.” ... Additionally, the actual number of people taken off death row by DNA is less than 10 people."
- Letter to the Editor – LA Times – June 26, 2006, Paul A. Logli [former] President, National District Attorneys Association & State’s Attorney, Winnebago County, IL

DNA Proves Halsey Innocent Of 1985 Murder, Sex Assault - North County Gazette

Byron Halsey, who narrowly escaped the death penalty when he was convicted in 1988 of the brutal sexual assault and murders of two young children in New Jersey, was fully exonerated earlier this week based on DNA evidence that proves his innocence. Halsey’s conviction was vacated on May 15, and at a hearing Monday the Union County District Attorney’s Office dismissed pending indictments against Halsey because he is innocent. Halsey is the 205th person nationwide – and the fifth in New Jersey – exonerated based on DNA evidence, according to the Innocence Project, which represents Halsey.
“Byron Halsey has waited 22 years for this day. For 22 years, he has waited to walk into court and have prosecutors and the judge acknowledge what he always knew but what nobody would believe – that he is innocent,” said Vanessa Potkin, staff attorney at the Innocence Project, which is affiliated with Cardozo School of Law at Yeshiva University. “Byron can now begin the long, slow, difficult process of rebuilding his life. We hope the community will continue to embrace and support him, and we hope the state compensates him promptly and appropriately for the unimaginable ordeal he has endured.”

Halsey’s conviction was overturned in May after DNA testing on several key pieces of evidence used to convict Halsey actually indicated the guilt of another man, Cliff Hall, who is already in prison for several other sex crimes in New Jersey and who testified against Halsey during his trial. In March 1988, Halsey was convicted of several charges stemming from the November 1985 murders of a seven-year-old girl and an eight-year-old boy he was raising with his girlfriend; Hall, who lived next door to the family, had dropped Halsey off across town and then returned home on the night the children were brutally killed.

DNA testing over the last 16 months links every critical piece of physical evidence from the crime to Cliff Hall, not Byron Halsey, the Innocence Project said. The District Attorney’s office consented to the DNA testing, which was conducted in state labs and at Orchid Cellmark, one of the nation’s leading private labs, which provided some of the testing pro bono. The physical evidence that was subjected to DNA testing includes semen on the seven-year-old girl’s underwear, semen elsewhere at the crime scene and a cigarette butt at the crime scene. The cigarette butt was central in the initial police investigation of the crimes, and the semen was linked to Halsey (through blood typing, since DNA testing was not available) and used to convict him. DNA testing on both semen samples and the cigarette butt matches Cliff Hall, according to papers filed jointly by the Innocence Project and the Union County District Attorney’s Office. Hall has now been charged with the crimes for which Halsey was wrongfully convicted.
...
From his behavior and other evidence, police suspected Cliff Hall from the beginning. But as the lengthy interrogation of Halsey progressed, leading to a supposed confession, police stopped investigating Hall. The supposed confession was the result of 30 hours of interrogation over a 40-hour period of time during which Halsey (who has a sixth-grade education and severe learning disabilities) had little sleep. Even the detective handling the interrogation characterized Halsey’s statements as “gibberish.” On every key fact of the crimes, Halsey gave incorrect answers during the interrogation and had to guess several times before giving police accurate answers (on everything from the location of the bodies to how they were killed). Halsey “confessed” to things that DNA now proves did not happen.

Exonerated by DNA tests, cleared of 2 child murders - Janet Frankston Lorin, Associated Press

All charges against a man who served 22 years in prison for the murder and rape of two children were dropped yesterday after prosecutors cited DNA testing they said links another man to the crime.
Prosecutor Theodore J. Romankow declined to pursue charges after "careful re-evaluation of the case" against Byron Halsey.
Halsey, 46, was released from prison May 15 after a judge threw out his convictions. DNA testing, not available when he was convicted, linked a neighbor to the crime. Until yesterday, however, Halsey legally still faced charges of aggravated sexual assault, aggravated manslaughter, felony murder, child abuse, and possession of a weapon for an unlawful purpose.
Prosecutors yesterday recommended that Superior Court Judge Stuart L. Peim drop all charges.
Halsey thanked prosecutors for "acknowledging the truth." Halsey, whose electronic ankle bracelet was removed yesterday, also thanked his grandmother, who stood behind him in a crowd of supporters.
...
Halsey confessed after 30 hours of interrogation in a 40-hour span, said Barry Scheck, who is codirector of the Innocence Project.
"As a result, the only evidence against Byron Halsey is his uncorroborated confession, significant portions of which have been refuted by DNA evidence," said prosecutor Albert Cernadas Jr.
Cernadas said he could not say "with certainty" whether Halsey is innocent, but the state could not prove beyond a reasonable doubt that Halsey was guilty. "We just didn't have sufficient evidence," Cernadas said.
Halsey is the 205th person nationwide exonerated and the fifth in New Jersey through DNA evidence, Ferrero said.
"I'm going to church, going to work, pay my bills," said Halsey, who thanked God for his freedom.

Nifonged in Fort Collins: Timothy Masters

2007-07-11T08:34:00.000-04:00

Today's Fort Collins (CO) Weekly features a compelling story detailing Timothy Masters' quest for a new trial after discovering that Eighth Judicial District Court Judges Terrence Gilmore and Jolene Blair, two of the prosecutors in his case, pulled a Nifong and willfully withheld exculpatory evidence that police suspected three other men, including one who confessed to the crime and another whose home overlooked the crime scene and committed suicide after his arrest, had committed the murder Master's was convicted of.

Armed with little more than graphic but unrelated pictures drawn by the then 15 year old Masters and a willingness to withhold evidence and commit perjury, Gilmore and Blair convinced a jury that “no one else” but Masters could have been the murderer. Masters conviction, upheld by the Colorado Appellate Court and Supreme Court when other evidentiary rules and the introduction of character evidence were reviewed and found to be sound, is currently under post-conviction review which began in 2003 based on the allegations of prosecutorial misconduct.

Greg Campbell writes:

When a jury unanimously found Timothy Masters guilty in 1999 of murdering a 36-year-old woman and mutilating her dead body, Fort Collins closed the only murder case on its books that had remained frustratingly unsolved for more than a decade.

But the case may not stay closed for long. Although his conviction has been upheld by both the Court of Appeals and the Colorado Supreme Court, and he’s currently serving a life sentence, Masters is making a compelling case for a new trial, arguing not only that his previous attorneys were incompetent in defending him, but that the prosecution withheld critical information that would have either exonerated him or cast doubt on him as a viable suspect.

The allegation is a serious one: if a prosecutor is found to have intentionally withheld relevant or exculpatory information from the defense or the jury, he or she can be disbarred by the state Supreme Court and possibly face criminal charges.

In Masters’ case, two of the prosecutors are now Eighth Judicial District judges: Terrence Gilmore and Jolene Blair.

But they are hardly the only ones who would face questions of impropriety should this old and presumably solved murder once again go before a jury—if Masters is found to have been sent to jail because prosecutors and police investigators improperly withheld information from the court, it would be an indictment of some of the most well-known names in local law enforcement and politics. If his murder conviction is actually overturned, which his new defense team indicates in dozens of recently filed motions is not only possible but likely, it will be a major crack in the foundation of Larimer County’s justice system.

“If there’s a new trial because there’s evidence that is exculpatory, evidence of an alternative suspect, that evidence clearly could change the course of the trial in terms of reasonable doubt that he’s not guilty of what he’s accused of,” says Fort Collins attorney Andy Gavaldon, who is not involved in the case. “Clearly this is information that should have been disclosed the first time, and if it is of the type and nature that’s being described in the (recent court) filings it would have had a tremendous effect on the first verdict.”

At the very least, it’s clear that if Masters is granted a new trial, he’s not the only one who will be defending himself.

...

What’s not in dispute is that 36-year-old Fort Collins resident Peggy Hettrick was stabbed once in the back sometime in the early morning hours on Feb. 11, 1987. The blow was forceful enough that it broke a rib, and the blade lacerated her left lung and left pulmonary artery. She bled to death within minutes.

Her body was found later that morning in a field off of Landings Drive in south Fort Collins by a bicyclist. On the curb was a large blood pool, and a bloody drag trail led more than 100 feet to Hettrick’s body, which was positioned on her back with her hands stretched over her head. Her jeans and underwear were pushed down and bunched around her knees, her shirt and bra pushed up over her breasts. Police would soon discover that her left nipple and skin around her vagina had been excised with a very sharp instrument.

It didn’t take long for police to establish a timeline of Hettrick’s activities shortly before her death. Police believe she finished work at clothing retailer The Fashion Bar, which was then located in The Square on College Avenue, around 9 p.m. She spent much of the night wandering from place to place looking for her roommate, who had the keys to their shared apartment, ending up after midnight at the Prime Minister bar and restaurant (located where The Olive Garden restaurant is today on South College Avenue). There, she met and had drinks with her sometimes-boyfriend Matt Zoellner, who was there to meet another woman. Zoellner left Hettrick at the bar to sit with his date. Around 1 a.m. he offered Hettrick a ride home; she initially accepted, but Zoellner told police that she left the bar alone.

That was the last time she was known to be seen alive.

Within hours of the discovery of Hettrick’s body, Tim Masters quickly became the prime suspect in her murder. Masters lived with his father in a trailer that overlooked the field, and during a canvassing of the neighborhood, police learned from Masters’ father that the boy had veered from his normal path on his way across the field to catch his school bus. His father told police that it seemed Masters had spent a moment or two looking at something before hurrying on his way.

Detective Francis Gonzales—who is now a sergeant assigned to the downtown District One police substation—found Masters at school. Masters told Gonzales he’d seen Hettrick’s body, but assumed it was a mannequin put in the field by friends trying to trick him. Indeed, even the bicyclist who reported the body told police that he too thought it was a mannequin, according to court documents. But because Masters didn’t report the body to police—and because he’d told Gonzales that what he’d seen had been “bothering” him—investigators became suspicious and asked to search Masters’ bedroom. He agreed.

What they found quickly placed the young man at the top of their list of suspects—in Masters’ bedroom, they found six survival-style knives made popular a few years earlier by the film First Blood starring Sylvester Stallone. In the hollow hilt of one knife, they found a sharp scalpel.

But it was in a suitcase where they found what would become the most damning of the prosecution’s evidence a decade later, when he was put on trial for Hettrick’s murder: hundreds of extremely violent drawings and stories. Many of the pictures showed stabbings with knives and swords, and much of the violence was directed at women. A sketch that would be particularly damning showed a figure that had been shot with arrows being dragged by another figure in the same manner police believe Hettrick’s killer dragged his victim.

In Masters’ school backpack, officers found a map of the crime scene with an X marking the location of Hettrick’s body. Masters told police he drew it when telling a classmate of what he’d seen that morning.

While Masters’ volume of drawings raised questions and suspicions, they did not trigger his arrest—at least not yet—because the bedroom and its contents were equally notable for what officers did not find. Officers found no blood and no body parts anywhere in the house. There was no fiber, hair, skin or other physical evidence that linked Masters to Hettrick. The knives would be tested at the Colorado Bureau of Investigation and found to have no trace of the victim’s blood or DNA.

And despite Masters’ apparent fascination with violent death, as his pictures demonstrated, the suspect himself raised some doubts. At the time of the murder, he stood 5 feet 10 inches tall and yet weighted just 115 pounds, roughly the same weight as the victim. The theory that would evolve over the next several years was that this waif of a teen, who was so skinny that classmates called him “Toothpick,” laid in wait for the victim and ambushed her in a blitz-style attack while she stood or walked near the curb smoking a cigarette, stabbing her with enough force to break a rib. He then dragged her dead weight 103 feet into the field and, on a moonless night in a part of Fort Collins that did not have street lights at the time, used a scalpel to excise body parts he’d never seen before except in pornographic magazines, which were also found in his bedroom. He committed this crime without leaving any physical evidence on the body or at the scene, and without contaminating his clothing, body or property with the victim’s blood or DNA.

For his part, Masters steadfastly denied murdering Hettrick in several interviews conducted by Gonzales; by Sgt. Ray Martinez, who would later serve three terms as mayor of Fort Collins; and by Detective Jim Broderick, who is today a lieutenant with the police department’s Professional Standards Unit.

...

In 1992, Fort Collins police detectives Linda Wheeler-Holloway and Jim Broderick arrived in Philadelphia with an arrest warrant for Tim Masters. The two had been reviewing evidence and re-interviewing witnesses when one of Masters’ classmates mentioned that Masters told him Hettrick’s killer had removed some of her body parts, a detail that was intentionally withheld from the public. By then, Masters was in the U.S. Navy and stationed in Philadelphia; Wheeler-Holloway and Broderick intended to arrest him and return him to Fort Collins to face charges in Hettrick’s murder.

But Masters had a good reason to know about the body mutilation—one of his classmates had been in the police department’s Explorer Scout program, in which young men and women learn about law enforcement through hands-on experience, and she had helped search the crime scene. She later told classmates, including Masters, that they were told scour the field for a “nipple.”

The visit to Philadelphia did not go as the detectives planned. Wheeler-Holloway and Broderick interviewed Masters for two days in what was called a “tag-team” interrogation in court documents. The interviews were witnessed by members of Naval Intelligence and the Federal Bureau of Investigation. According to court records, Wheeler-Holloway later wrote in a police report, “The FBI agents here believe Tim Masters is innocent and so do I.”

The detectives returned to Fort Collins without executing the arrest warrant.

Broderick was less convinced of Masters’ innocence, and he sought the opinion of San Diego forensic psychiatrist Dr. Reid Meloy, who was given details of the case along with more than 2,000 of Masters’ drawings and stories in order to see if there was a relationship between Masters and the murder. Meloy’s resulting report remains the source of much controversy, and constitutes the only new evidence developed since the crime occurred. The conclusions he drew after reviewing the artwork and the stories were the basis for Masters’ arrest in 1998.

Although Meloy was barred from giving his opinion about whether or not he believed Masters’ pictures and stories implicated him in Hettrick’s murder, Meloy drew a very clear correlation between the circumstances of her death and Masters’ artwork. He testified about the characteristics of a sexual homicide and went into detail about how Masters’ productions could be considered a “fantasy rehearsal” for such a homicide. He showed how specific pictures could be interpreted to reflect the crime—several showed “blitz attacks,” depicted stabbings which Meloy interpreted as sexual in nature and depicted women as murder victims.

Prosecutors argued that the murder was a “displaced matricide” in which Hettrick was killed as a surrogate for Masters’ mother, Margaret, who died of an illness one day short of four years before the murder occurred. Prosecutors said Hettrick looked like Masters’ mother, which is why she was targeted (there are similarities between the women, but Masters’ mother had brown hair while Hettrick had red hair, according to information from a color photo of Margaret Masters’ driver’s license filed with the court).

More than 1,000 pages of Masters’ pictures and stories were entered into evidence and it’s not hard to imagine that, combined with Meloy’s testimony, they had quite an impact on the jury. One picture seems to show a knife stabbing a vagina; in another, a woman is being threatened with a sword by a figure holding a decapitated head behind his back.

“The defendant’s writings and drawings are graphic and often repulsive,” wrote the Colorado Supreme Court in its motion upholding Masters’ murder conviction. “They indicate defendant was deeply fascinated with death, particularly with death by stabbing or slicing.”

But the same opinion made an argument Masters’ original defense team had tried to make: If his pictures and stories were in fact a form of “fantasy rehearsal” for a sexual homicide then why, in all of his voluminous productions, wasn’t there a depiction of the crime as it happened?

“There is not a single image or passage that duplicates the crime,” the opinion continues. “There is not a picture of or story about a woman being stabbed in the back or having her nipple excised.”

Nevertheless, the prosecution, which included then-assistant district attorneys Terrence Gilmore and Jolene Blair—who have both since been appointed as judges in the Eighth Judicial District—hammered home the relevance of Masters’ disturbing artwork as evidence of his guilt.

“The evidence is there,” Gilmore said in his closing remarks. “Sometimes it’s hard to find. Sometimes you have to do a little thinking as to how the defendant could draw something like that unless he knew how it happened. Please look and read, study, dig into the paper bags (of evidence). The evidence is there.”

Prosecutors concluded that “no one else” but Tim Masters could have killed Peggy Hettrick.

With their unanimous verdict of guilt, the jury apparently had little trouble agreeing with him.

...

Masters’ current bid for a new trial hinges on the belief that not only could someone else have committed the murder, but that the jury would have agreed if only they’d been given information by the prosecution about other people who defense lawyers believe should have been considered as suspects in Hettrick’s death. One of them was a confessed murderer who killed two women the same year Hettrick was murdered by stabbing them in the back; another confessed specifically to killing Hettrick.

While either of these individuals may have cast doubt on Masters’ guilt in the eyes of the jury, none offered as compelling—or complicated—a case as that of Dr. Richard Hammond, a prominent Fort Collins eye surgeon who was arrested in 1995 for surreptitiously videotaping girls and women in his guest bathroom. Hammond had set up his video equipment to film extreme close-ups of his victims’ genitals, and when police searched his house, they found hundreds of videotapes labeled with victims’ names.

Some of the victims were family members of those in the District Attorney’s office, creating a conflict of interest that required the office to disqualify itself from prosecuting the crime. However, the Hammond case never got to the prosecution stage.

After his arrest, Hammond was placed on a 72-hour mental health hold but shortly after he was released from protective custody, he checked into a Denver hotel and committed suicide.

According to court documents, several police detectives believe Hammond should have been thoroughly investigated for Hettrick’s murder. Not only did he have an obvious morbid fascination with female genitalia, he also had the medical skill and biological knowledge to perform the precise and delicate excisions that were performed on Hettrick’s body. Finally, Hammond’s home—like Masters’—overlooked the field where Hettrick’s body was discovered.

But rather than expand their investigation of Hammond, police instead closed the case after his suicide—in fact, investigators didn’t even look at all the videotapes to see if Hettrick appeared on one. Instead, they burned the evidence to spare Hammond’s victims—including family members of those in the DA’s office—further embarrassment and humiliation.

The defense knew nothing of this investigation, or that some members of the police department thought Hammond should have been investigated as a suspect in Hettrick’s murder.

“The evidence appears extremely strong and incontrovertible that we weren’t given the information we needed,” says Erik Fischer, who along with Nathan Chambers—who also served on Oklahoma City bomber Tim McVeigh’s defense team—represented Masters during his trial and appeals. “We were hampered by their failure to overturn exculpatory evidence.”

Fischer adds that he believes Gilmore “perjured himself” during Masters’ trial when he told the jury that law enforcement had cleared all other suspects in Hettrick’s murder.

“I believe … we should have gotten Hammond as an alternate suspect,” he says. “I think Tim would have walked in 10 minutes.”

...

But Stuart Van Meveren, the district attorney at the time of Masters’ trial, says it was up to the judgment of investigators and prosecutors to decide what information to turn over to the defense.

“Those decisions were left to the investigating agency,” he says, “and if they knew about (the cases), they obviously thought they weren’t significant.”

He says he doesn’t believe Gilmore or Blair did anything wrong.

“They’re both outstanding prosecutors and very ethical individuals,” he says, “and that’s evident in that they both were appointed to the bench.”

Other observers aren’t as certain. Daniel Coyne, an associate professor of clinical law at the Chicago-Kent College of Law, says that it’s not up to the prosecution to decide what is relevant for the defense.

“The case law is really clear that that’s not the prosecutor’s right to make that determination,” he says. “If it’s useful to the defendant, then a prudent prosecutor will turn over (the evidence) or make it available for inspection.

“If there was a decision to withhold information,” Coyne continues, “and the response as to why the information was withheld was that, ‘we didn’t determine it to be important,’ that may call into question the competency of the people who made that decision.”

It could also call into question their motives, says Richard Moran, a professor of sociology and criminology at Mount Holyoke College in Massachusetts. Moran recently completed a study of wrongful convictions in death penalty cases. He found that since the death penalty was reinstituted in the late 1970s, 81 of 123 exonerations were the result of what he calls “illegal prosecutions.”

“When there is a wrongful conviction, if that’s what the court ends up deciding, they’re not usually the result of good faith efforts,” he says, “but the result of a criminal or malicious act committed by one of the members of the court, either the police, the prosecutors or sometimes the judges. …

“You put a guy in jail for life because you’re convinced that he did it,” Moran continues. “You don’t want to share evidence that he might not have done it with the defense because you think he’s going to walk, so you misbehave so that he gets convicted. It’s the notion of framing; you can frame a guilty man, though you can also frame an innocent one. Most prosecutors who do this think that they are furthering justice by nailing the guy who they believe committed the crime. In terms of prosecutors you also have their won/lost records, so you have personal interest there, but the real outrageous notion is that people who are appointed by the court to uphold the law broke it to get convictions, and that’s not how it’s supposed to work.”

Gavaldon, the Fort Collins attorney, says it’s up to the courts to decide whether information in the Masters case was improperly withheld—“That’s why we have retrials,” he says—but he agrees with Moran’s sentiments.

“The criminal justice system is not an arena for hide and seek,” Gavaldon says. “What ensures that justice is served is that there is full disclosure on both sides, of all the evidence, so that those issues are decided by a jury on something as serious as a life sentence. That cannot happen when one side is hiding what could be evidence that someone did this other than this young man.”

...

It remains to be seen if Masters will get a new trial, but defense attorneys Maria Liu and David Wymore are gaining momentum in that direction since beginning in 2003 a so-called 35 (c) proceeding, which seeks a post-conviction review of the trial. This is different than the appeals in which matters of evidentiary rules and the introduction of character evidence were reviewed and found to be sound; the hearings now being prepared for will determine if Masters deserves a new trial based on the allegations of prosecutorial misconduct and defense inadequacy.

Since 2003, his attorneys have succeeded in having the entire Eighth Judicial District removed from the case. Likewise, the Larimer County District Attorney’s Office has turned the case over to special prosecutors from Adams County after the defense filed a motion in January alleging a conflict of interest. Although a hearing on whether or not to grant a new trial will be held in Fort Collins, the case is now in the hands of the special prosecutors and a retired judge under special contract to hear motions in the case.

Recent allegations point to why the defense doesn’t want the locals involved in the case any further—in court documents filed in January, Masters’ lawyers claim that evidence from the victim was illegally sent by the District Attorney’s office to the CBI lab in Denver where they were subjected to destructive DNA testing. Masters had been granted a motion allowing his own DNA testing to look for evidence that someone else killed Hettrick, but before the evidence was turned over, the DA’s office sent the material to the lab for its own testing. This, Masters’ lawyers argue, amounts to theft and destruction of evidence.

“On or about November 20, 2006, the district attorney went to the courthouse and illegally took a number of trial exhibits from the court files for the purpose of trying (to) destroy or minimize any exculpatory evidence which might be obtained by the defense DNA testing scheduled to occur in the immediate future,” they wrote in a motion seeking to disqualify the DA’s office from the case. “The district attorney then took the evidence to the Colorado Bureau of Investigation where … CBI agents, at the direction of the district attorney, undertook to destroy any exculpatory DNA evidence by performing ‘procedures’ which they knew would be likely to have that effect.

“The district attorney did all of this without a single piece of paper being generated, contrary to all normal procedures of law enforcement and judicial agencies. … The district attorney thus demonstrated that it is infinitely more important to the district attorney to preserve the conviction of Tim Masters than it is to obey the rule of law, court orders, the Constitutions or its ethical obligations.”

The DNA evidence is crucial to the defense’s contention that Masters deserves a new trial. In an affidavit filed with the court, forensic investigator Barie Goetz—who worked for the CBI from 1981 to 2004 and is now employed by Masters’ defense team—outlined an entirely new scenario explaining Hettrick’s death that he believes can be proven by DNA. He believes the evidence will show that Hettrick was not murdered or mutilated where her body was found, but stabbed in the back while seated in a car. He says the evidence will also show that her mutilations were surgical in nature and occurred at “a suitably equipped location other than the scene at Landings” and that two people carried her body into the field and left in a vehicle.

If any of this turns out to be true, or even possible in the minds of jurors, it could lead to Masters’ acquittal. And an overturned murder conviction could wreak havoc in the Eighth Judicial District and those who tried the case the first time.

“If in fact he is innocent or he did not get a fair trial, that obviously reflects badly on the justice system,” says Pat Furman, who was a defense attorney for 20 years before his current position as professor of clinical law at the University of Colorado-Boulder. “If there was prosecutorial misconduct, it might rise to the level of something that the (state) Supreme Court looks at in terms of unethical behavior. A failure by the prosecution to provide exculpatory evidence is a significant violation. It’s a Constitutional violation, and it could result in sanctions against the prosecutors who violated that duty, personal sanctions by the Supreme Court. Prosecutors are held to the highest standard of all lawyers because they represent the government.”

Furman says sanctions could involve disbarment, which, in the case of Gilmore and Blair, would mean they could no longer serve as judges since district judges are required to be lawyers. There could also be criminal penalties, he says.

Repercussions could also be felt more widely, since an overturned verdict could lead to other appeals on the same grounds in different cases.

“I think that if the prosecutors are shown to have conspired against this guy or to have broken the law, any other defendants who were convicted by these guys will at least try to reopen their cases,” says Moran, the professor from Mount Holyoke College. “If you question the credibility of the judges when they were prosecutors, people might try to question their credibility when they were judges.

“Yes, it could lead to a lot of trouble and it could lead to a wholesale investigation of the justice system.”

Click here to read more from the Fort Collins weekly including additional information on the people involved in the nifonging of Masters and a preview of what's ahead in Master's quest for a new trial.

Nifonged in Nicaragua: What You Can Do Now

2007-07-06T03:51:00.000-04:00

FREE ERIC VOLZ

What you can do now...

For the past almost eight months as people have heard the story of Eric Volz's arrest and imprisonment, after the look of disbelief, there comes a question: "what can we do?" We struggle to believe, still, that this situation is as dire as it appears, that the chance for Eric to be freed hangs by such thin threads. After all, we understand justice to mean that if mistakes are made, they will ultimately be made right.

We wait together for this to become true. There have been and are still available opportunities to communicate with Eric, and to contribute to the costs of his defense. (go to http://www.friendsofericvolz.com/)

But now as we wait, we have another timely and important answer to the question, "what can we do?"

Between the dates of July 21st and 29th (the week that marks the beginning of the 9th month since Eric's arrest) the friends of Eric Volz are calling for all concerned persons and groups to gather together in whatever way your group practices prayer.

We will join together during this week to gather the powers of grace, mercy, forgiveness, justice and love. We believe these powers to be stronger than any of the systemic brokenness and evil that keeps innocent persons imprisoned. This is a time for faithful persons to lean toward the changing of processes and persons who have the power to decide to protect Eric's safety and to set him free.

If you are reading this, and as a group or individual wish to add your energy to hoping with many others, please let us know that you'll be setting aside time as an individual or with a group for a hour, a day, or spread out across this week of response.

Please email the name, email and physical address of the person who will coordinate the effort for your group to: skeenj@mail.belmont.edu. As is possible we will provide materials electronically that can be reproduced as you choose for use with your group. We will also mail additional support materials to share with those who participate. (Please include an estimate of how many are needed in your response).

Thank you for your ongoing concern for Eric and his family.

Team Free Eric V

Nifonged in New York: Report on the Conviction of Jeffrey Deskovic

2007-07-03T22:35:00.000-04:00

After serving nearly sixteen years in prison for a crime he did not commit, Jeffrey Deskovic was released on September 20, 2006 when his wrongful convictions for first degree rape, second degree rape, and possession of a weapon were finally overturned at the request of Westchester County (NY) District Attorney Janet DiFiore. In an affirmation in support of Deskovic's motion to vacate the convictions, DiFiore wrote:

On and between November 15-17, 1989, 16-year-old Angela Correa was sexually assaulted and murdered in Hillcrest Park in Peekskill, New York.
During the subsequent investigation conducted by members of the Peekskill Police Department, Jeffrey Deskovic made an oral confession to the crimes committed against Ms. Correa. A Restriction Fragment Length Polymorphism (RFLP) analysis conducted by the FBI laboratory of a vaginal swab secured from the deceased victim developed a DNA profile which excluded Deskovic as the donor. Because the present DNA identification system had not been established at the time the DNA profile was not place in Combined DNA Index System. Until September 2006, the identity of the source of the DNA has never been determined. During defendant’s jury trial in 1990, this exculpatory DNA evidence was fully explored before the trier of fact.
In December of 1990, at the conclusion of the evidence, Jeffrey Deskovic was convicted upon a jury verdict of the crimes of murder in the second degree (two counts), rape in the first degree and criminal possession of a weapon in the fourth degree. On January 18, 1991, he was sentenced to fifteen years to life for the crime of murder, eight and one third to twenty-five years for the crime of rape and one year for the crime of criminal possession of the weapon. The sentences were ordered to run concurrently. The defendant’s judgment of conviction was unanimously affirmed on appeal by the Appellate Division, Second Department (People v Deskovic 201 AD2d 579). Leave to appeal to the Court of Appeals was denied (83 NY2d 1003).
In June 2006 I was contacted by Barry Scheck, Esq. of the Innocence Project, who requested, on behalf of his client Jeffrey Deskovic, my consent to a CPL 440.30 (1-a) motion for a Short Tandem Repeat (STR) analysis of the DNA recovered from the victim and then a CODIS upload of the STR DNA profile obtained in the case of People v Jeffrey Deskovic, Indictment # 90-0192. I agreed that a CODIS upload was most appropriate under the circumstances of the case as the source of the DNA profile was never identified.
On June 28, 2006, Nina Morrison, Esq. of the Innocence Project submitted a proposed motion to my office seeking post-conviction DNA testing pursuant to CPL 440.30 (1-a) (copy attached), However, as evidence establishing that the defendant had been excluded as the donor of the DNA obtained from the vaginal swabs had been admitted at the 1990 trial, the CPL 440.30 (1-a) motion did not provide a legal mechanism to allow for the retesting of the crime scene DNA using STR and entering a search in CODIS.
More particularly, in 1994, CPL 440.30 (1-a) was enacted to establish a procedure whereby defendants convicted prior to 1996 could request post-conviction DNA testing of specified evidence collected in connection with their criminal case. Upon this motion, the court must determine whether any evidence containing DNA was secured in connection with the trial and, further the court must grant the defendant's application if it determines that had "a DNA test been conducted on (the) evidence and (had) the results (of that evidence been) admitted at trial, there exists a reasonable probability that the verdict would have been more favorable to the defendant." (CPL 440.30(1-a) (a), People Pitts, 4 NY2d 303). Since at the trial a DNA profile excluding the defendant was admitted into evidence before the triers of fact, CPL 440.30 (1-a) motion did not lie on the known facts of the case.
Thereafter, members of my staff met with members of the Westchester County Department of Laboratories to discuss a course of action in light of the troubling limitations presented under the Criminal Procedure Law in addressing the specific circumstances of this case. It was unanimously agreed that a new analysis of all of the evidence secured at the scene of the crime by the Westchester County Forensic Laboratory was the only course of action consistent with maintaining the fundamental tenets of justice and the integrity of the criminal justice system.
Since 1999-2000, the Westchester County Forensic Lab routinely performs STR DNA analysis on evidence collected in homicide investigations. All of us agreed that this case should not be treated differently, notwithstanding the duly affirmed judgment of conviction.
By letter dated August 8, 2006 I officially requested Frederick C. Drummond, Chief of the Forensic Science Services, conduct an expeditious STR analysis of the extant forensic evidence in this matter pursuant to the Laboratory’s established protocols for a cold case investigation. Mr. Drummond, who attended the meetings with members of my staff and who was in full accord with the practical resolution of the obstacles presented to a CODIS analysis in this case, immediately agreed. With the cooperation of the Peekskill Police Department all available evidence was submitted to the lab for retesting.
On September 15, 2006, my Office received a written confirmation dated September 13, 2006, from Linda E. Duffy, CODIS Administrator of the Forensic Science Laboratory, that a CODIS match was made with the DNA evidence from the Deskovic case (copy attached). The matched DNA was identified as that of a man who is presently a convicted inmate being held in the New State Department of Corrections. A criminal history of the inmate revealed that upon entry of a guilty plea for a murder committed in the Westchester County he is serving a life sentence and was prosecuted by the Westchester County District Attorney's Office. At this time the identity of the inmate is being withheld as he is now the prime suspect in this investigation into the rape and murder of Angela Correa.
Criminal Investigators from my office with the full cooperation of the Peekskill Police Department, reviewed the file maintained in this matter, interviewed members of the victim’s family and visited the crime scene. On September 18, 2006 my investigators were dispatched to the state prison facility at which the inmate is being housed. During that visit the inmate confessed to the rape and murder of Angela Correa.
On September 18, 2006 I contacted Barry Scheck and informed him of the newly discovered evidence and my intention to consent to a CPL 440.10 motion to vacate Mr. Deskovic’s conviction. There can be doubt upon all of this newly discovered evidence obtained within the last week, the defendant's motion to vacate the conviction must be granted as there is more than reasonable probability that had the jury heard this evidence, the conviction would not have been obtained. The People unequivocally consent to this motion.

On November 2, 2006, the indictment against Deskovic was formally dismissed on the grounds of actual innocence at the request of prosecutors. In apologizing to the wrongfully convicted man who had spent half his life in prison, Acting State Supreme Court Justice Richard Molea stated:

"There is no relief for your unmeasurable loss that I may offer you, Mr. Deskovic, beyond granting the People's motion to dismiss this indictment"

Today, Westchester County (NY) District Attorney Janet DiFiore has released a 38 page report condemning the “prosecutorial tunnel vision” which led to Mr. Deskovic's wrongful conviction. Citing errors on the part of former DA Jeanine Pirro and others, the "Report on the Conviction of Jeffrey Deskovic" offers scathing criticism for the prosecutors, police, and defense attorneys involved in the case. The report was prepared at the request of DA DiFiore and reflects the conclusions of the special, four person commission empaneled to investigate the wrongful conviction. The Deskovic Commission consisted of retired Judge Leslie Crocker Snyder, retired Judge Peter J. McQuillen, former Richmond County (NY) District Attorney William L. Murphy, and attorney Richard Joselson of the Legal Aid Society of New York City.

The Deskovic report outlines the police and prosecutor failures as follows:

Police and prosecutorial tunnel vision
Police over-reliance on NYPD profile
Selective reading of Deskovic's statements
Troubling police tactics in dealing with Deskovic
Carelessness or misconduct in police investigation
Prosecution decision to proceed with Grand Jury prosecution before receiving DNA evidence
Prosecution's questionable presentation of scientific evidence

Defense failures were delineated as:

Defense failure to use evidence of Deskovic's physcological vulnerabilities
Defense failure to maximize the exculpatory value of the scientific evidence
Defense conflict of interest in representing Freddy Claxton

In addition to the above failures, the report also cites the Court's midtrial loss of evidence as another contributing factor.

The Mid-Hudson News detailed the report's conclusions as follows:

The report calls Deskovic’s case a “textbook illustration of tunnel vision in action”.
“Once Deskovic was arrested, tunnel vision also distorted the prosecution’s behavior. Convinced that its man was in custody, the District Attorney’s office successfully pressed for an indictment, rather than await the results of potentially exculpatory scientific testing.”
The report is critical of Peekskill police tactics on January 25, 1990, when Deskovic was subjected, for eight hours, to what is described as “an arduous series of interviews, the avowed purpose of which was to elicit a confession”. The procedure produced what amounted to a false confession.
Even Deskovic’s legal defense came under fire. The report faults the public defender defense for not adequately addressing the circumstances that led to the defendant’s false confession. “The Defense was scattered, unfocused and confusing” found the report.
The most scathing part of the report deals with the them District Attorney’s office handling of DNA evidence and its resolve to move ahead with a grand jury presentation before DNA test results were released. As things turned out, the DNA test did not provide a match between Deskovic and Correra.

Interviewed by the Journal News, Jeffrey Deskovic expressed surprise at the comprehensive findings and noted that the report confirmed his worst fears.

"I was surprised because the report was more thorough and critical than what I thought it was going to be," he said from the Mercy College campus in Dobbs Ferry, where he now studies and lives.
"But at the same time, it kind of confirmed my worst fears," he said, that "they were not going to interview any live witnesses and that they were only going to go by a cold record and that they had in fact proceeded without even offering me the opportunity of participating."

Not surprisingly, former DA Jeanine Pirro, who thankfully failed in a recent bid to become New York's Attorney General, responded to the report's findings by denying, through her attorney, recollection of the failures ascribed to her. Absent this recollection, the "raw deal" had by Mr. Deskovic is apparently not Ms. Pirro's fault, according to her lawyer, William Aronwald.

A lawyer for former District Attorney Jeanine Pirro said Tuesday that Pirro does not recall denying or even receiving any requests for DNA tests from a man who had been wrongly convicted of murder.
The convicted man, Jeffrey Deskovic, was freed last year, after 16 years in prison, when Pirro's successor, Janet DiFiore, had the crime scene DNA retested and it implicated another man.
Deskovic has claimed Pirro turned down his request several times. And a report on the case, requested by DiFiore and released Monday, stated that Pirro "consistently rejected" requests to run the crime scene DNA through state and federal databases. But Pirro's attorney, William Aronwald, said Tuesday that if the report's authors had asked her about it, "She would have told them that in fact she has no recollection of ever receiving any correspondence from Deskovic and certainly has no recollection of ever writing back to him or rebuffing any requests that he made for additional DNA testing."
Deskovic "did get a raw deal, but if he got a raw deal it wasn't at the hands of Jeanine Pirro," Aronwald said. [ Newsday ]

Click here to read the entire Report on the Conviction of Jeffrey Deskovic.

Nifonged in Wilson: James Johnson's Not So Speedy Trial

2007-07-01T05:15:00.000-04:00

On the eve of the third anniversary of the arrest of James Johnson, the News & Observer turns its attention to the apparent nifonging of the twenty-one year old Wilson, North Carolina man who has been jailed since July 2, 2004 on charges that he abducted, robbed, raped, and murdered Brittany Tyler Willis. Held on an impossible $1,000,000.00 bond at the Wilson County Detention Center, Mr. Johnson awaits a trial scheduled for July 23, three years after helping police identify the actual perpetrator of the crime, and despite an absence of physical evidence connecting him to the crime; polygraph testing and DNA evidence that appear to confirm his actual innocence; and an admission from Kenneth Meeks, the convicted author of the crime who confessed to acting alone.

Initially suspected because he “knew too much” about the crime, Johnson was implicated by the convicted killer after police informed him that it was Johnson who turned him in. In addition to the recanted statement from Meeks, who admitted that he falsely implicated Johnson as retribution for his arrest, the only other evidence against Johnson, until recently, had been the disallowed statements of a deceased woman who claimed to have witnessed two men kidnapping the victim two hours before the crime occurred and at a time when Johnson was proven to have been elsewhere. In the spirit of Mike Nifong and Linwood Wilson, prosecutors have recently produced two new eyewitnesses, one of whom is a retired Wilson police officer, as the trial approaches.

Andrea Weigl of the News & Observer writes:

Three years ago, the rape and murder of a 17-year-old girl abducted from a shopping center frightened the city of Wilson and grabbed headlines beyond it.
One man has pleaded guilty to the murder and is serving a life sentence.
But the informant who helped police solve the crime also ended up facing rape and murder charges and has waited three years in jail for a chance to clear his name.
Now, James Arthur Johnson's claims of innocence, his trial July 23 and the prosecution's case against him are in the spotlight.
Johnson's case has been divisive for the city of 47,000, an hour east of Raleigh.
Wilson's mayor won't talk about the crime. Other city leaders defend the police department's investigation.
…
Johnson's attorneys say there is no physical evidence to connect him to the rape or murder. And the man who first implicated Johnson and is serving a life sentence for the murder now says he acted alone.
Kenneth Meeks, 19, whom DNA connected to the crimes, said he lied about Johnson's role because he was angry that Johnson went to the police.
Johnson said he was home with his father at the time of the murder, which his father
confirms. "This shouldn't even go to trial," said Arthur Johnson, the father. "There's nothing to try."
Neither District Attorney Howard S. Boney Jr. nor the assistant prosecutor handling the case returned messages seeking comment.
Wilson Police Chief Harry Tyson defends Johnson's arrest. "The evidence that we got supported probable cause," he said. "A jury needs to decide his guilt or innocence."
Terry Alford, Meeks' attorney, questions prosecutors' tactics.
"This is an unusual situation," he said. "We have a person who pleaded guilty and maintained he did it alone, and the state is proceeding against someone else."
Prosecutors, who won't talk publicly, have tried to bolster their case against Johnson with statements taken recently from two eyewitnesses, including a retired Wilson police officer.
…
Johnson was arrested July 2, 2004. He initially faced the death penalty but now faces only life in prison. His three-year wait for trial is more than twice the average. Prosecutors in North Carolina typically dispose of murder cases in 14 1/2 months.
"There's not a single bit of evidence that he's guilty," said Richard A. Rosen, a law professor at the University of North Carolina who has handled innocence cases. "I want to know why the prosecutors are still pursuing it."
Part of the initial evidence that created probable cause for Johnson's arrest was Meeks' statement to police that Johnson killed Willis. Meeks' account appeared to be
corroborated by a now deceased 75-year-old woman who told police that she saw two black men and a young woman walking in the field where Willis' body was found on the day of the murder. However, the women said she saw those people between 2 and 3 p.m., which conflicts with evidence that proves Willis was shopping at that time.
From the start, Alford, Meeks' attorney, suspected that his client lied about Johnson's having a role in the murder.
"When I started investigating, things just didn't add up that way," he said. "There was more evidence that he did it alone."
Eventually, Alford said, Meeks admitted lying about Johnson. Last year, Meeks testified on Johnson's behalf at a pretrial hearing.
One of Johnson's attorneys, Johnny Gaskins of Raleigh, questioned Meeks about his statement implicating Johnson.
"You later told police officers that James Johnson and you had been together and that he killed Brittany Willis. Do you recall that?" Gaskins asked.
"Yes, sir," Meeks said.
"Was that true?"
"No, sir."
"Why did you tell them that?"
"Because I knew he was the one that tell the police what happened."
"You were mad at him?"
"Yes, sir."

In addition to testifying on behalf of James Johnson at last year's hearing, Meeks also sent a letter to Tim Rogers of the Wilson Daily Times confessing to acting alone and crediting Johnson's turning him in for changing the destructive path he followed.

Dear Sir:
This is Kenneth Meeks. I plead guilty to 1st degree murder in '06. I committed the crime alone. James Johnson is innocent. For them to keep holding him is a crime in itself. I gave my life (a life sentence) admitting my guilt. I was wrong. It took James turning to realize my road was going one way - towards destruction. I also gave them the murder weapon what else do they need? I've apologized time and time again. Why are they making James suffer?
.
Sincerely,
.
Kenneth M. Meeks Jr.

Not surprisingly, the local NAACP, who had echoed Wilson Police Chief Harry Tyson's "A jury needs to decide his guilt or innocence" in championing the railroading of the Duke Innocents, have come to the defense of James Johnson.

Meanwhile, state NAACP leaders portray Johnson as another innocent black man being railroaded by the system.
.
Outrage over Johnson's case has revived membership in the Wilson County chapter of the NAACP. At a recent rally for Johnson, the speakers included Darryl Hunt of Winston-Salem, who spent 19 years in prison for a rape and murder he didn't commit, and the Rev. William Barber II, president of the state NAACP.
.
"We're here because there's something wrong when a man like James Johnson spends three years in jail without trial," Barber told the crowd of more than 100 people. "... We're here today because it's wrong for the system to keep people locked down and locked up when the truth is already out." N&O
.
"Meeks said he falsely accused James [Johnson] of being involved in the crimes because he was angry James had reported Meeks to the police," explained Al McSurely, a lawyer for the NAACP. News 14

In addition to the NAACP, Johnson has found support from his family, local leaders, and Darryl Hunt whose wrongful conviction landed him on death row.

People in Wilson [NC] are calling for justice in the case of a man accused of murdering a young girl – and they support the suspect.
...
They organized a rally downtown, led by Johnson’s father, Arthur Johnson. James has waited nearly three years for his day in court.
.
“We want justice not just for James, but for everyone,” Arthur said. “But how can you have it when people that are supposed to impose it are not abiding by it?”
...
The rally got a little help from a man who has become a symbol for the wrongly accused: Darryl Hunt of Winston-Salem. He won his freedom after spending 18 years in prison for crimes he didn't commit.
.
“We’re tired of our young men and women getting locked up and their lives taken away from them,” Hunt said. WRAL
.
Jimmy Harris of Rocky Mount, is also expected to attend, Arthur Johnson said. Harris was convicted in 1984 of first-degree murder and robbery in Rocky Mount, according to the Rev. Elton Powell, a local teacher who has taken interest in Harris' case and James Johnson's case.
.
Harris served 22 years in prison and was released on probation in October 2006. Powell said he and other people supporting Harris are working to prove he was wrongfully convicted.
.
Wilson County Commissioner Bobbie Jones will introduce Arthur Johnson at the rally. Then, Johnson said he would read a letter sent by Congressman G.K. Butterfield on May 16 to District Attorney Howard Boney, Judge Frank Brown and Judge Milton "Toby" Fitch.
.
The letter calls for James Johnson to be given a trial, a release on "reasonable conditions" or a dismissal of charges, noting "he is being denied a speedy trial as guaranteed by the Constitution and being punished while he is entitled to the presumption of innocence."
...
"My concentration is not just for James but for the community as a whole," Arthur Johnson said Wednesday. "This will happen to someone else's husband, brother, mother, daughter; and it doesn't need to." Wilson Daily Times

Initially, Johnson had been held without bond as the State pursued the death penalty against him. Near the end of last year, prosecutors abandoned the effort to execute the young man.

In December 2006, Assistant District Attorney Bill Wolfe announced he would not seek the death penalty against Johnson, making him eligible for bond. In January, his bond was set at $1 million, but Johnson's family calls the bond an empty gesture.
"If we had $1 million, we would have had our son home by now," said his father. WDT

Although Johnson has received support from many in the community, prosecutors and police are not alone in pushing the case to trial. A recent letter to the editor and an editorial in the Wilson Daily Times reveal that others advocate the continued prosecution despite the evidence of Johnson's innocence.

I would like to see someone stand up for Brittany Willis. The victim, the 17 years old was brutally raped and murdered in Wilson June 2004. One of the accused, Mr. Meeks, was sentenced to life in prison. He now says that he acted alone, that the accused's friend, James Johnson is innocent. What could he possibly lose by saying that? We now have the NAACP in town playing the race card before Johnson stands trial.

Please let us not forget that Brittany Willis was the victim, not James Johnson.

Bill Sutton
Elm City
.
Next month will mark the third anniversary of the murder of Brittany Willis, and the case is still not settled. It's time to bring this matter to closure by either bringing the last remaining suspects to trial or settling the charges against them...If Johnson is innocent, he should be freed. If he is guilty, he should be sent to state prison for life...The Willis family and the Wilson community need closure. Three years is long enough. WDT

Certainly, Brittany Willis is the victim of this horrible crime, as Mr. Sutton indicates, and her family, as well as the community, deserves closure, as the Wilson Daily Times suggests. It is difficult, however, to accept that three years imprisonment for a crime that evidence suggests he did not commit doesn't make Johnson a victim. Likewise, it's troubling to accept that closure should ever entail the prolonged nifonging of an innocent man.

Nifonged in Nicaragua: Latest Letter from Eric Volz

2007-06-29T21:12:00.000-04:00

Latest letter from Eric Volz:

This seems to be a topic of great interest to most people. Almost every letter says something like, "I can't imagine what it's like in that prison." I will share what I can, but I also need people to know that it is a very delicate and sensitive situation.

.
I will start by saying that the conditions here are really shitty!! The authorities lack sufficient resources and subsequently face a wide variety of problems and we, the prisoners, pay the price.

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We have had no water pressure from the artesian wells for about 10 days. Water is brought in by buckets filled in the yard from hose faucets. There are less than 10 slow faucets to provide water for over 2,500 inmates. Do the math and shake your head in disbelief as I am. The water shortage has been caused by the well pump burning up due to power outages (an issue in and of itself). The authorities have informed us that the pump should be repaired in the next couple of days, but in the meantime it isn't pretty.

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No one gets good sleep here. The noise is traumatic. Its like being in an industrial factory with metal doors slamming, 5 or more different kinds of music at full blast at the same time, and crazy inmates screaming at 4:30am just to be jerks and wake people up. At times it drives you nuts. I have been driven to the point where I have to sit down in my cell, cover my ears, and focus on my breathing just to keep it together.

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There is also the heat which makes you constantly sweaty and sticky. I fall asleep and wake up in pools of sweat. Most prisoners have insomnia and can't sleep without pills. I have resisted the temptation.

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The food is not enough. The prison provides a cup of beans, a cup of rice, coffee, sometimes green bananas or a small bread bun. The food comes at lunch and sometimes again in the afternoon. It is not uncommon to find cockroaches and fingernails in the rice. My eating schedule has been very abnormal and extremely stressful on my body. When the courts delayed my appeal I got really sick. I spent two weeks in bed. Yesterday the doctor diagnosed me with gastritis and intestinal parasites for which I'm taking meds. My whole abdominal area aches - it's freaky being ill like this in prison.

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I experience tension with many prisoners here. The Nicaraguan press has created an image of me as a privileged gringo from the elite who thought he was above the law and could get out by paying bribes, which of course is not true. Many make reference to Doris' mother's absurd allegation that I offered her $1 million to drop the charges - which again is not true.

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In addition, the majority of the prison population has a very negative image of the US and associates me accordingly. My cell is referred to as the US Embassy and prisoners joke by coming to the door asking for a Visa. I can't help but laugh. The other day I was being escorted down the hall and a kid shouted from his gallery door, "Hey Bush!" It wasn't a directly negative comment to me, but it speaks to the underlying story of our unfortunate reputation in the international consciousness. I walked on thinking, "If only he knew that he's got me all wrong. I am more than a gringo. If only he knew that my grandparents were Mexican and their first language was Spanish. If only he knew that I'm proud of my Latino heritage and I love his country. If only he knew so many other things . . . maybe he would have said, 'What's up, bro!' instead."

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Encounters like this happen frequently and I'm aware that most of the people who surround me here don't understand me; or likely will they ever. There will always be tension. I have learned the only way to stay out of trouble is become completely independent.

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My cell has become my castle. In it I study, read, write, stretch and rest. I have decided that I don't have time for anything else. A rumor going around is that I read each of my books six times before I move on to the next - where do these guys come up with this stuff?

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Another related question I'm asked is about the danger in my present situation. I will say that all prisons are dangerous. I would be lying if I said that the relevance of my case has not generated enemies; it has. The warden is concerned for my safety and has made certain exceptions with the security regiment that reflect that. I will say that I am as safe as I can be in the given situation - but there is no guarantee.

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I have come to terms with my reality and feel it is reasonable for everyone to prepare for the worst. I know that is heavy, trust me I can't believe I'm actually writing it, but it is an accurate reflection of my situation. I share this because people want to know what I'm going through and I want to be honest. I don't want to be an alarmist, nor do I want people to dwell in fear for me. I believe I will be okay no matter what because I know myself and I know who my God is, and because of that no one can touch me. No matter what, I walk away victorious.

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With love,
Eric V.

Nifonged in Nicaragua: Judge in Volz Case Under Fire Again By Nica Media

2007-06-23T01:46:00.000-04:00

Earlier this month, Nicaraguan daily El Nuevo Diario reported that Judge Ivette Toruño Blanco, who presided over the farcical trial of Eric Volz in February, was under investigation by the country's Supreme Court for her role in the release of a convicted drug trafficker.

Citing the article written by Eloisa Ibarra of El Nuevo Diario, we commented:

An article published yesterday in a Managua daily newspaper, El Nuevo Diario, questions the integrity of Judge Ivette Toruño Blanco, the judge who sentenced American Eric Volz to 30 years in prison for the rape and murder of Doris Ivania Jiménez despite overwhelming evidence of his factual innocence. Toruño, whose blatant disregard for Nicaraguan law in the Volz case has fueled outrage in the US and growing skepticism from more reputable media outlets in Nicaragua, is currently under investigation by the Nicaraguan Supreme Court for her role in an unrelated case, according to El Nuevo Diario. Not surprisingly, El Nuevo Diario, which has been at the forefront of the local tabloid propaganda campaign against Volz, fails to note the connection of the current scandal involving Judge Toruño to her equally corrupt decisions at Volz's trial.

In announcing the investigation of Judge Blanco, Armengol Cuadra, president of the Supreme Court of Nicaragua, labeled the decision by Judge Blanco to suspend the three year jail sentence of José Ernesto Pineda Salvador "strange and abnormal" while noting that her decision is in defiance of the high court's mandate to treat drug trafficking cases involving high sums of money (Pineda Salvador was captured with $1.4 million secreted in the rear doors of his Honda Civic) with extreme care.
“We are going to investigate the circumstances in which the judge granted that benefit to him, because we have stressed that judges must act with extreme caution in the cases of drug trafficking when there is very high sums of money involved,” said Armengol Cuadra.

This week, El Nuevo Diario again takes aim at the ethically challenged Judge in an article entitled "Nepotism itches and extends in Rivenses Courts." Written by Lesber Quintero, who ironically wrote the most inflammatory of all the Nicaraguan attacks against Eric Volz and championed the appointment of Judge Toruño when she was appointed to replace the judge who freed Volz to house arrest when his life was threatened by the mob incited by Quintero's propaganda campaign, the END offering accuses the suspect judge of corruption and nepotism.

Quintero writes:

To speak of nepotism in the rivenses courts apparently is thing never to finish, and while it is investigated “more”, more extensive it is the list of workers of this institution who have familiar bonds with those who distribute justice in this department, and until with magistrate of the Supreme Court of Alba Luz Ramos Vanegas.

...

In order to facilitate, according to Lydia Marbely, the journalist, until one occurred to the task of leaving a quite defective letter with the names of the employees of the Judicial Power who could not be presented in the first publication, but that enjoys the nepotism, and in this sense the only excellent name that it indicates and that had not been part of our investigation is the one of the judge of the Penal District of Judgment, Ivette Toruño, to that indicates of being relative Mardin Alberto Rodríguez, who is employed as bailiff of that same judicial disctrict.

Charges of corruption and questionable rulings are not new for Judge Toruño Blanco. In 2001, Nicaraguan human rights organization CODENI accused the embattled judge of violating the rights of a young sexual abuse victim after an extensive investigation into Nicaraguan child sex trafficking.

In April we investigated the case of a girl of 11 years, abused sexually in Rivas, that was in pregnancy state. The man to whom this girl indicated like the author of the crime was sobreseído definitively by the Judicial one of District of the Crime of that locality, Ivette Toruño Blanco, in a judicial process which we considered totally irregular and in violation of the guarantees of process and the rights of the girl.

The CENIDH reviewed the judicial file that it was transacted in the Court of District of the Crime of Rivas and stated that Judge Ivette Toruño Blanco dictated the sentence of definitive nonsuit without taking in consideration the declaration from the girl and without making all the diligences necessary to clarify the facts. The CENIDH directed communication to the Magistrates of the Court of Appeals of IV the Region in Granada, where the case was been by the Resource of Appeal that the mother of the girl promoted through her lawyer. To the closing of this Report it had not been solved.
Human rights of the Childhood and the Adolescence

Codeni's description of Judge Toruño's willingness to disregard evidence is eerily reminiscent of her actions in the trial of Eric Volz.

MSNBC described some of the suspect rulings of Judge Toruño as follows:

At least 10 witnesses placed Volz in Managua, a more than two hours’ drive, and there are transcripts of lengthy Internet instant message conversations he had with a friend in Atlanta throughout the day. Still, the judge dismissed the evidence as not credible and relied on the testimony of Nelson Lopez Dangla that Volz was at the crime scene on the day Jiménez was hogtied, raped and killed.

Dangla was originally charged with being an accomplice but was released in exchange for his testimony and was never tried.

Covering the case for Outside Magazine, novelist Tony D'Souza outlined the ignored alibi evidence in detail:

And then I read the evidence regarding Volz's alibi: cell-phone records, a time-stamped instant-messaging log, page after page of statements by the ten people—most of whom I would later interview myself—supporting Volz's account. Shortly after 9:00 a.m., Volz maintained, he walked into the EP offices from his living quarters—the building also served as his home—and was seen by the security guard, the housekeeper, and various EP staff. From 10:30 to 11:00, model Maria Mercedes and a friend said they met with him. At noon, Ricardo Castillo, a Nicaraguan journalist who has contributed to the BBC and other news outlets, arrived; he and Volz then initiated a teleconference to Virginia with consultant Nick Purdy, a cofounding publisher of the music magazine Paste. As the conference progressed, Purdy and Volz exchanged instant messages on their impressions of Castillo, a potential contributor to EP. The call lasted nearly an hour. Following it, at roughly 1:15 p.m., Volz, Castillo, and Adam Paredes, EP's art director, sat down to a lunch of curried fish served by the housekeeper, Martha Carolina Aguirre Corea. Castillo left at 2:00. At roughly 2:45, Volz received a call informing him of Jiménez's death; more calls would quickly come in confirming it. Meanwhile, a local hairstylist, Rossy Elena Estrada López, had arrived to cut Volz's and another employee's hair; she found him talking on a cell phone, she said, "afflicted and crying." According to these witnesses, Volz left the office at roughly 4:30.
Volz's cell-phone records precisely match his account of what happened next: that he left Managua and drove to San Juan. At 4:38 p.m. the first call outside Managua appears on the log, the following 11 calls tracing the trajectory of someone driving quickly, arriving in the San Juan cellular area at 6:34. (I've since done this drive twice in the same amount of time. It requires driving fast but not inordinately so.)
Only one document cast suspicion on his alibi: a rental agreement from Hertz. Volz had called Hertz to rent a car to go to San Juan. (His, he said, was unreliable.) The agreement was printed at 3:11 p.m. at the Hertz office. But when the vehicle was delivered, EP assistant Leidy de los Santos, not Volz, signed the agreement. She went inside and returned with a credit-card slip bearing what appeared to be his signature, but the delivery driver never saw Volz himself.
The case for Volz's innocence seemed obvious, irrefutable.

In an update on the status of Volz's appeal, Tim Rogers of the Nica Times noted that Appellate Court Judge Roberto Rodríguez Baltodano was bewildered by Judge Toruño's rulings at Volz's trial.

Though Rodríguez stressed that the law prohibits him from opining on the case before officially handing down his verdict, there are parts of the case that admittedly have left him scratching his head.

Hopefully, Judge Rodríguez has noticed the mounting accusations against Judge Toruño as he continues to evaluate the pending appeal.

Nifonged in Nicaragua: Friends of Eric Volz Tribute to Doris Jimenez

2007-06-23T01:19:00.000-04:00

From the Friends of Eric Volz Website:

We send this tribute out on June 21st in memory of Doris, 7 months after she was killed on November 21st.

It has been very hard for Eric to deal with the way Doris has been lost in all this and he has asked us to pay homage to her in this update. He writes: "What should have been the Doris Jimenez case quickly became known as the Eric Volz case. The horror of her murder, as well as the violence and abuse that women face in this region, has been eclipsed by my trial and fight for freedom. I have made a point to mention this in every interview, but have yet to see it published. I will not let people forget the injustice of Doris' murder and once I am free I will make sure that it receives the attention it deserves."

At the end of his first letter from prison, Eric wrote: "Lastly, I would like to remind everyone that all the pain and hardship I've faced...is nothing in comparison to the loss of Doris. She was an amazing person that was loved by everyone. She is deeply missed." Eric continues to grieve the loss of this lovely woman, as do all her friends and family.

The image below is one you may have seen published in various media stories about this tragedy; here is where it originated. This is Doris, as she appeared on page 59 in the 1st issue of EP Magazine in 2006. The caption to the right reads: "We are rising in the ranks of power, breaking new ground. Women of Central America"

Part of the mission of EP Magazine, along with promoting conscious living and cultural awareness, was to profile Central American/Caribbean people who are succeeding. In the 1st issue of EP a campaign was launched to encourage the rising strength and influence of Central American women. Doris was a prime example of this NEW WOMAN; putting herself through school, opening her own store, seeking to break the glass ceiling and follow her dreams. In this, we honor her memory.

Nifonged in Nicaragua: Murder by the Sea (MSNBC Documentary)

2007-06-22T05:53:00.000-04:00

MSNBC debuted an hour long documentary entitled "Murder by the Sea" last night. The preview at their website described the feature as:

Eric Volz was an ambitious young man from San Diego trying to run a business in a surfing town in Nicaragua. But when a local girl is murdered, Eric is pinned as a suspect and his whole life is turned upside down.

We are working to upload segments from the video and hope to have video excerpts available here soon. In the meantime, please follow the links below to previous MSNBC features on the Volz case, some of which were incorporated into the new documentary.

Death by the Sea

An ex-girlfriend’s murder

Angry mobs outside the courthouse

‘An unbeatable defense’

A Guilty Verdict

The fight continues

Nifonged in NIcaragua: Note From Father of Eric Volz

2007-06-21T01:38:00.000-04:00

FATHER'S DAY - JUNE 17, 2007

A note from Jan, Eric's father.

Father's Day for me has become a day for Eric and his sister. Historically, it has been a day when children honor fathers, but in my present state and emotional economy, Father's Day is the day I, as a father, want to honor my children.

Eric carries my father's name, Stanley, as his middle name and my middle name is his first. It is in Eric that I find my greatest pride.

My daughter's middle name is 'Joy' and it has been befitting since the day she was born. She has been the joy of my life from the moment the doctor allowed me to help with her delivery, and I held her in my arms. She is my greatest Joy.

As the events of this year continue to unfold, I see Father's Day differently. In many ways the last 200+ days have been Eric's days. As I wake each morning and thank God for sparing his life another day and pray for Eric's continued safety and freedom, the days have been about justice and freedom for him. Last year, on Father's Day, I was in San Juan del Sur spending it with Eric. That was the first time I met Doris, the lovely young lady whose loss has changed the world for all of us.

I am blessed to have had many fond memories of times with my father. I remember when I was a kid, bumping along the dusty roads of Northern California, learning to drive in his old pickup truck. When I was 8 he taught me how to drive on those old back roads. I remember doing some of the same with both Eric and his sister. When Eric was very young I would sit him on my lap in my old Nissan pickup and let him shift the gears as I depressed the clutch and taught him to steer the car down some of the back roads of Tennessee. Hopefully, his memory of those times is as pleasant as mine.

As Eric faces the possibility of spending 30 years in prison, I'm certain he is wondering if he'll ever be a father. It breaks my heart for him, considering the joy he brought to me when he was a little guy, the pride he brings to me as a young man, and the strength he shares with all of us as a man facing some of the hardest days a human being could imagine. He continues to endure and embrace this test with continued grace and humility. I admire him more than I will ever be able to express.

My prayer is that as we seek his freedom and as the success of that battle finds him back home one day, I will be able to play with Eric's children and celebrate Father's Day with him as his children run and jump into his loving arms. Eric will be the best; he's always had such a tender spirit toward little ones. He has a special place in his heart for children; his own children will be the luckiest of all.

My dad's love and dedication toward me was solid as a rock. My dad provided me with life's greatest gift: unconditional love. And he made sure I knew how much he loved me as he displayed it in action and deed. I hope and pray that Eric will again experience those sentiments from me when we reunite in freedom.

Recently, we posted a piece written by Eric regarding his hope for a brotherhood among people of all nationalities and creeds, a "one-world" view where he expressed with idealism the hope that people everywhere would begin to recognize the fact that we are all alike in so many ways. For years now I have heard him express his desire to bridge the gap and bring people together. Eric has always been a bridge builder, a peacemaker.

As a father I find Eric's ideals refreshing and exhilarating to my soul. Without ideals we'd never be able to change the world. I only hope he has the chance. Eric currently is spending periods of time in deep thought and inner soul examination. That search, when coupled with his connection to others, will make him a much stronger bridge builder than he ever was before.

For me, Eric's incarceration has made clearer, some of the differences we citizens of this one planet must learn to overcome. I find myself continuously thankful that I live here and have been blessed by the ideals (albeit imperfect), which abound here. Bridging any divide is never without struggle and Eric's initial entrance into this world was no less difficult.

I remember holding Eric moments after he was delivered. He was born with some difficulty and he wasn't breathing properly. The doctors in the delivery room were quite worried and quickly called in a specialist. For a short while I thought we were going to lose Eric. I remember silently praying for him, asking God to spare his life.

Here I am 28 years later asking God the same thing, praying the same prayer. I know that the breath of life is but a vapor and only the loving hand of God sustains it. Now that Eric has grown into a fine man of whom I am so proud, I am still humbled by the thought that the only thing between this moment and eternity is life...the frailest thing in the world.

May we fathers, and those who are yet to be, daily live our lives with unconditional love for each of you: our sons, daughters, wives, sisters, and brothers. Happy Father's Day...

Jan Eric Volz

Nifong Clone Campaigns To Be Montana Chief Justice

2007-06-18T10:57:00.000-04:00

Following last week’s trial of Durham County District Attorney Mike Nifong on ethics charges brought by the North Carolina State Bar, it would be absurd to envision the disgraced prosecutor seeking to become the Chief Justice of the NC Supreme Court. In announcing the disbarment ruling of the Disciplinary Hearing Committee, Chair F. Lane Williamson cited Mr. Nifong’s refusal to acknowledge the factual innocence of his wronged victims as evidence of the DA’s lapse in character, fueled by "self deception arising out of self interest." The description of Mr. Nifong offered by DHC Chair Williamson is diametrically opposed to what one would expect from a candidate for any state's most esteemed judicial position.

While in the case of newly disbarred D.A. Mike Nifong, the suggestion of election to Supreme Court Chief Justice is ludicrous, the State of Montana is faced with the prospect that a prosecutor, who has exhibited some of the same flawed characteristics denounced by Chair Williamson, may soon sit in judgment over the State’s most critical cases. Despite demonstrating a Nifongesque inability to maintain consistency in character while avoiding self deception and selfish motives, Montana Attorney General Mike McGrath recently announced his intention to become the Chief Justice of the Montana Supreme Court. McGrath recently offered an alarming sworn deposition in response to a lawsuit from an innocent man wrongfully convicted by the State of Montana. In it, A.G. McGrath attested to his continued belief in the guilt of the wrongly convicted man, who was finally exonerated when DNA evidence unequivocally demonstrated his factual innocence.

The Chicago Tribune addressed McGrath’s high court ambitions and Nifong-like tendencies in a recent article.

Exonerated by DNA, guilty in official's eyes
High court hopeful's view troubles critics
In the fall of 2002, DNA tests exonerated Jimmy Ray Bromgard in the 1987 rape of an 8-year-old girl in Billings, Mont. His case was dismissed and he was freed from prison."
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Mr. Bromgard has spent 15 years in prison for a crime that the state is now convinced beyond a reasonable doubt he did not commit," Yellowstone County Atty. Dennis Paxinos declared. "The DNA from the room where the attack took place simply does not match his. He simply could not have committed this crime."
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Nearly five years later, Montana Atty. Gen. Mike McGrath -- a recently announced candidate for chief justice of the state's Supreme Court -- has stated under oath that he still believes Bromgard is guilty.
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In most of the cases where prosecutors have refused to believe in an exoneration, they have cited evidence that more than one person was involved in the crime to argue that the DNA was left by a second, unidentified offender. It is rare for a prosecutor to dispute a DNA exoneration when there is no evidence -- as in Bromgard's case -- that more than one person committed the crime.
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McGrath, testifying in a deposition taken in a lawsuit brought by Bromgard, cited several possibilities, including that the victim was sexually active with someone else or that her 11-year-old sister was sexually active while wearing her younger sister's underwear.
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The veteran prosecutor also suggested that the DNA could have been from the child's father and that the girl's parents had sex on their daughter's bed and left DNA, or that the father assaulted the girl.
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A question of 'far-fetched'
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"In my experience as a prosecutor, none of those theories is far-fetched," said McGrath, who has spent 25 years in the criminal justice system in Montana. "All of those are possible."
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Paxinos, informed of McGrath's views, said, "I had [Bromgard] cut loose because his DNA did not match the DNA in the case. He could not be the perpetrator unless you believed the 8-year-old was having sex with multiple men. That would be far-fetched."
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The DNA from the case did not match any of the victim's family. It was run through the FBI's database of convicted felons without finding a match.
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Edward Blake, a top DNA scientist who performed the testing that freed Bromgard, said, "Any college-educated individual who has had a high school biology class should be able to look at my report and see ... that it is scientifically not possible for that sperm to be from the father of that girl."
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That a prosecutor would believe a defendant guilty despite DNA evidence is not unusual. What makes McGrath's position unusual is his bid to become chief justice of the Montana Supreme Court, where he would sit in judgment over many criminal cases.
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Steven Lubet, professor of law at Northwestern University and an expert on judicial ethics, called McGrath's testimony "a hyperextreme form of advocacy that would be inconsistent with the obligations of a judge once someone was on the bench."
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Peter Neufeld, a lawyer for Bromgard who questioned McGrath at the deposition, characterized McGrath's answers as "the most remote, absurd, speculative theories to explain evidence that otherwise ... exonerates Mr. Bromgard."…
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The victim's father, whose identity is being withheld to protect the identity of the victim, accused McGrath of making "reckless statements that will cause more harm to the victim and her family. ... Needless to say, we are deeply offended by his remarks. Deeply offended."
Ronald Singer, director of the Tarrant County, Texas, medical examiner's crime lab and former president of the American Academy of Forensic Sciences, said, "To even insinuate that an 8-year-old is sexually active is kind of extreme. ... I find it amazing."
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Chuck Watson, a criminal defense lawyer from Bozeman, Mont., and head of the Montana state bar association's criminal section, said McGrath's testimony is "troubling because it suggests something as compelling as DNA should be disregarded in favor of mere possibilities."

DHC Chair Williamson offered some advice aimed at preventing future prosecutorial "fiascos" like those overseen by Mr. Nifong and championed by Mr. McGrath. The citizens of Montana might keep his words in mind when evaluating Mr. McGrath's candidacy, in light of his continued belief in an innocent man's guilt despite clear evidence to the contrary:

"You have to carefully consider the facts and the evidence before you make a conclusion about something and not just trust someone who tells you it is so because that is someone who's in a position 'to know.'"

Click here to read the deposition of Montana Attorney General, and Supreme Court Chief Justice hopeful, Mike McGrath: Deposition.

Click here to view McGrath’s election website: Mike McGrath for Supreme Court Chief Justice.

Click below to submit letters to Montana newspapers expressing your opinion on the candidacy of a Nifong clone for Chief Justice of the Supreme Court:

Nifonged in Nicaragua: Volz Appeal Update

2007-06-11T14:17:00.000-04:00

Tim Rogers of the Nica Times, an English language Nicaraguan newspaper, is reporting that the initial review of Eric Volz's appeal was expected to conclude last week. Based on an interview with Appellate Court Judge Roberto Rodríguez Baltodano, who has been conducting the preliminary review, Rogers indicates that a hearing for the defense attorneys and prosecutors to offer final arguments will follow shortly unless the remaining two Appellate Court Judges on the Volz panel disagree with Baltodano's conclusions. While a previous report in El Nuevo Diario indicated that Judge Baltadano was leaning toward annuling the trial court's verdict and ordering a new trial for Volz, the Nica Times article offers no direct indication of what the Appellate Court may decide other than a cryptic hint that Judge Baltodano appears to have acquired reasonable doubts about Volz's guilt.

Rogers writes:

Rodríguez, a veteran magistrate of the Granada Appeals Court, is heading the three-judge panel presiding over the high-profile appeal of U.S. citizen Eric Volz, who last February was found guilty of murdering his Nicaraguan ex-girlfriend and sentenced to 30 years in jail (NT, Feb. 23).
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As of late May, the judge said he was 75% done reviewing the case and thinks he will finish with it completely by the first week in June.
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At that point he will prepare his notes to be presented to the other two appellate judges. If there is no serious dissention among the other judges, the Appeals Court will then call upon the prosecution and defense to come before the appellate court for an oral audience to present final arguments.
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The oral audience before the Appeals Court could be of the utmost importance to the Volz defense team, which will be allowed to present again their key witnesses whose testimony was dismissed by the first judge.
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Those witnesses, the defense team argues, prove that Volz was in Managua at the time of the murder in San Juan del Sur, more than two hours away by car.
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After hearing the final arguments, the three judges will then deliberate for five more days before handing down their final verdict, which Rodríguez expects will be ready sometime in June. The judges' verdict can be decided by a 2:1 split vote.
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The Appeals Court could rule one of four ways, according to the judge. It could either confirm the sentence, in which case Volz and Chamorro would serve their 30-year prison sentences. It could revoke the sentence, in which case Volz and Chamorro would be let free. It could reform the sentence, in which case one of the two men could be let free, or one or both of the sentences reduced. Or, it could annul the entire case, in which case both men would be let free and another judge would be assigned to retry the murder.
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Though Rodríguez stressed that the law prohibits him from opining on the case before officially handing down his verdict, there are parts of the case that admittedly have left him scratching his head.
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That situation of doubt could ultimately favor Volz in a judicial system that, according to Article 2 of the Penal Processing Code, establishes that individuals are presumed innocent unless proven guilty beyond a reasonable doubt.
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“In dubio pro reo,” Rodríguez said, remembering the phrase in Latin.

Click here to read the balance of the Nica Times article.

Nifonged in Nicaragua: New Eric Volz Letter Addresses Media Coverage

2007-06-08T19:28:00.000-04:00

The US & International Media

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I have been informed that my case has "officially hit mainstream international media" as one email mentioned. I have mixed feelings about this and had hoped that things would not grow to this level. Regardless of how the press is telling the story, they are telling it and it is bringing awareness to the case. For that I'm grateful because I know that it is helping to reveal the truth. I would like to thank those who have reported with integrity and professionalism.

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I have limited comprehension of what the media has done with this story so I can only comment on the articles that I have read and the briefings I have received from my team. I have not seen any TV segments or heard radio segments. I have only read a few of the main periodicals and transcripts.

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I must say it is very strange for me to sit alone in my cell and read how total strangers interpret who Doris Jimenez was and who I am. At first, I had this naïve idea that once the international press started to investigate the story they would contrast the way the local Nicaraguan media had been manipulating and filtering the facts to shift the agenda. After the first articles came out I realized I was wrong. The international media had all the facts but chose to present the story in a way that did little to exonerate me. That said, there are journalists and news programs that have a done a decent job, and some have done a great job.

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I was told recently that reporting on my case has become much more focused on the facts of the case and on my innocence. I'm happy to report that even here there seems to be a slight turn in the press in that media here is starting to question the initial assumptions about my case and investigate the holes in the accusations against me.

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In some of the letters there has been some anger and dislike expressed towards Nicaragua for what has happened. Although I'm grateful for the support, this is not the right approach and I would like to challenge these people to reconsider their perspective. From my perspective, Nicaragua remains a beautiful and unique country. This hasn't changed because of what has happened to me. Just like any country, there remain social and economic challenges and needed improvement in other areas. The miscarriage of justice in my case is not the fault of the Nicaraguan people.

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Again, my situation has created a bit of a Catch 22. We need the media, but are, to a point, at the mercy of all the issues that drive the media business. Ultimately though, the story is reaching a collective audience that is learning and thinking, not just about my case, but, about injustice everywhere and for that I'm grateful.

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Thank you for continuing to follow the story, support our efforts to inform those who can make a difference and keep hope alive.

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With love,

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Eric V.

Nifonged in Nicaragua: KC "Free Eric Volz" Benefit

2007-06-08T04:39:00.000-04:00

A benefit to support the Eric Volz Legal Defense Fund will be held on Thursday June 14, 2006 at Sheri Parr’s The Brick in Kanas City, MO. Actors & Actresses headlines the show with The Dark Circles and Life After Laserdisque also performing. Admission is $7 and the show will start at 10:00 PM.

Nifonged in Nicaragua: "Justice for Eric Volz" Banners on Front Page of Trinchera

2007-06-08T04:16:00.000-04:00

Photograph of "Justice for Eric Volz" banner

from the front page of Managua daily Trinchera de la Noticia

Managua daily newspaper Trinchera de la Noticia has prominently placed a photograph of one the "Justice for Eric Volz" banners that have begun appearing throughout Managua in a demonstration of local support for the falsely imprisoned American. Trinchera has been one of the leading Nicaraguan media advocates for Volz over the past several weeks and continues to link to the Friends of Eric Volz website from the homepage of its online edition. The caption below Trinchera's photo reads:

"Managua banners request justice for the young American Eric Volz, sentenced to 30 years [in prison] for the murder of his ex-fiancèe, in November of last year. Volz has denied that he committed the crime. The case is in the hands of the Granada Court of Appeals."

Additional, enlarged photographs of the banner pictured on the cover of Trinchera:

Nifonged in Nicaragua: Outside Magazine Article Available Online

2007-06-07T19:03:00.000-04:00

Outside Magazine has now posted the 9,000 word article written by award winning fiction writer Tony D'Souza, whose arrival in Nicaragua coincided with the sensational murder of Doris Ivania Alvarado Jiménez and the equally sensational false prosecution, and subsequent wrongful conviction, of American Eric Volz. While D'Souza traveled to Nicaragua on a promotional tour for another project, he remained in the country for several months to cover the compelling story of injustice for Outside Magazine. Initially, the highly anticipated article was available only in Outside Magazine's print edition.

In an interview with the BBC, D'Souza noted that his extensive research left him with two certainties: 1) Doris Jiménez was brutally murdered; and 2) Eric Volz did not commit the murder. The results of D'Souza's research, which included a two hour interview with Eric Volz, are eloquently presented in "The Boomtown, the Gringo, the Girl, and Her Murder." Outside Magazine provocatively introduces D'Souza's offering as:

When a local beauty turned up dead in Nicaragua's San Juan del Sur, the dream of paradise became a nightmare for one expat American surfer. He got 30 years and, predictably, a media melee ensued. But TONY D'SOUZA was on the scene from day one. This is the story you haven't heard.

Throughout the monster article, D'Souza, whose first novel, Whiteman, earned him critical acclaim and a slew of literary awards, paints a vivid picture of the personalities involved and the atmosphere that contributed to the tragic rush to judgement. D'Souza begins:

SAN JUAN DEL SUR, NICARAGUA, is a fishing-and-tourist town of colorfully painted wooden homes laid out on lazy Pacific-coast streets where bicycles outnumber vehicles, where kids set up goal markers out of rocks for afternoon games of fútbol, where locals pass the evenings exchanging gossip on their stoops or attending mass. Always now, too, half-clad gringa girls stroll past in flip-flops on their way to Marie's Bar, where the party on the weekends spills out the door, or Big Wave Dave's, where expats line the counters trading notes on the day's sailfish catch, on the going price for laborers, on the quality of the local beauties, of which there are many.
Los Años Ochentas, as the Sandinista–contra war of the 1980s is carefully referred to here, is long over, though the memories of it remain. The men go out in their narrow pangas for tuna, for roosterfish, for bonito, for whatever they can pull in on their handlines. The women hang up their laundry to sun-dry.
I'd come, like others before me, looking to pitch a hammock on a stretch of untrammeled beach. Hearing reports of Nicaragua's beauty and safety from a fellow former Peace Corps volunteer, I'd left Florida in my Ford Ranger in early October with a couple of fishing poles, driven slowly through Mexico, Guatemala, El Salvador, and Honduras, and arrived in San Juan del Sur on a dusty Sunday afternoon six weeks, five border crossings, and 4,000 miles later. I'd been disappointed before by tales of paradise that turn out to be tourist traps, but my first view of the bay, hemmed in by two sets of cliffs like the Pillars of Hercules, left me diving into the surf as the sun set, wearing a smile as warm as the water around me. By noon the next day, I had a little house with a view of the Pacific for $250 a month.
...
Nine days after I arrived, on Tuesday, November 21, I walked down the hill into town in the evening to buy a few cans of beer. In the street outside the Miscellania Calderon, where I'd buy all of my sundries over the next three months, a huge crowd had assembled, everyone hushed and looking at something I couldn't see. Gatherings like this are ubiquitous in Central America; I passed it off as a religious event, a Purisima procession of a statue of the Virgin. Then I saw the cops. They came in and out of the doorway of the Sol Fashion boutique in their neat blue uniforms, taking notes.
In the coming days, the shocking details of what was alleged to have happened were splashed in tawdry headlines in El Nuevo Diario, the left-leaning national paper. Doris Ivania Alvarado Jiménez, 25, a pretty, popular San Juan native, was reported to have been raped, sodomized, and strangled with a ferocity that spoke of specific hatred. It was an audacious crime. Last seen alive in front of her shop at 11:30 that morning, Jiménez was found shortly after 2:00 p.m. when the building's watchman, noticing that the boutique was closed, let himself in with a key. What he found inside has threatened to boil resentments between locals and expats into open hostility: the woman's body, hog-tied with bedsheets, asphyxiated with wadded-up paper and rags.
The first newspaper reports pointed to a robbery gone wrong, that Jiménez had happened upon and recognized the criminals, that they'd killed her because of it. That premise quickly fell apart as the police issued warrants for four men. Two of them, local surfers who ran in the same posse, were picked up soon after the murder: Julio Martín Chamorro López, 30, better known as Rosita, was nabbed after a policeman remembered seeing him wandering near Sol Fashion shirtless, bearing what appeared to be fresh scratches and "acting nervous." Nelson Antonio López Dangla, 24, who goes by the nickname Krusty, was arrested shortly after Chamorro. The third man, 20-year-old Armando Llanes, had been casually dating Jiménez, her friends said. A student at Ave Maria College of the Americas, near Managua, whose family has ties to both Nicaragua and South Florida, Llanes was never taken into custody. He was dropped from suspicion when he produced a statement from his university registrar accounting for his whereabouts during some of the time of the murder.
But what made this case so dramatic was the fourth suspect: Jiménez's ex-boyfriend, a 28-year-old expat from Nashville, Tennessee, named Eric Stanley Volz. Bilingual, with a degree in Latin American studies from the University of California at San Diego, Eric had moved to San Juan del Sur in 2005 and become a Nicaraguan resident. Until his bio was removed from the Century 21 Web site several weeks after the murder, he was listed as associate manager of the company's San Juan office, and had also made a name for himself publishing a glossy new bilingual lifestyle magazine called EP (short for El Puente, or "The Bridge"). Eric and Doris had dated for a little over a year, but by the summer of 2006 they'd split: He moved to Managua to devote himself to EP, while she remained in San Juan to run her business. After her death, Volz canceled a Thanksgiving business trip back to the States to attend her funeral. Police arrested him shortly after the ceremony.

D'Souza takes his readers back to the start of the tabloid campaign to convict Volz in the court of public opinion while detailing with precision the local atmosphere that lent itself to the manipulation of El Nuevo Diario and others.

Local opinion convicted Eric Volz immediately. YOUNG BUSINESSWOMAN VICTIM OF JEALOUS GRINGO, blazed the Diario. US EMBASSY ADVISES ACCUSED GRINGO TO KEEP QUIET. As reported in the paper and as I later read in court documents, what Rosita Chamorro told police in an unsigned statement—one
that he and his lawyer would later insist to me had been coerced through torture—was that Volz, apparently jealous of Jiménez's new relationship with Llanes, had offered Chamorro $5,000 to go with him around noon to Sol Fashion, where the American attacked Jiménez, then raped, sodomized, and killed her. Krusty Dangla, who would become the prosecution's main witness, said Volz came out of the shop at 1:00 p.m. and paid him 50 cordobas (about $2.75) to put two garbage bags full of what felt like clothes in a white car.
...the people of San Juan had made up their minds: At Big Wave Dave's, the long-haired beauties tending bar began casually rebuffing expat advances with the simple and musical refrain "Gringos son asesinos." Gringos are murderers.
THINGS HAVE BEEN CHANGING quickly in San Juan over the past five years. Sixty major housing developments are either under construction or soon to break ground, from the Costa Rican border, a half-hour south of town, up to and well beyond the fabulous Popoyo reef break, an hour north. More than $400 million in foreign investment has poured in. Land that was next to worthless as recently as 2002 is now flipped with ease; third-acre oceanview lots go for hundreds of thousands. The franchises have followed: The first Subway opened three weeks after I arrived.
An estimated 78 million Americans will retire in the next 20 years, some of them dreaming of deals down south. On the higher end, this could mean a $500,000, 2,500-square-foot house in a gated community overlooking one of these stunning beaches, with its own restaurants, swimming pools, shops, clubhouses, DirecTV, wireless Internet, and full security. The expats need not speak Spanish or even notice much that they are in Nicaragua. All the while, the real estate ads promise, their investments will increase at rates that would make the stock market look silly.
...It's not hard to see why there's an air of expat guilt about what's going on here.
...Nicaragua is a World Bank– and International Monetary Fund–designated "heavily indebted poor country," with little legal ability to control its economic future: Everything is for sale. And once Nicaraguans decide to cash in and sell their houses or farms, they have to look far inland for anything affordable. Many who sold four and five years ago realized less than 5 percent of what the same properties sell for now. A prominent development appraised by the owner at $26 million was built on land bought for $80,000, according to a son of the family who sold it.
Some of these sales are contested. "The foreigners come here knowing the titles are in disarray," one San Juan man told me late one night at L'Mche's Bar, where the local restaurant and hotel staff unwind after work. He was home for the holidays from the job he held, legally, in Texas. "They have the money to win any lawsuit. We can't afford to fight them in court. And do you know how we are treated when we go to the U.S.? We can't even jaywalk without being harassed by the police."
This huge and growing disparity in wealth has begun to reveal itself in ugly ways. Though Eduardo Holmann, San Juan's Sandinista-party mayor, dismissed a Diario report that local fishermen have been shot at when they drop anchor in bays fronting private developments, he admitted that new laws have to be written to protect beach-access rights, which some foreigners have been trying to deny. Petty theft is a persistent annoyance. Crack is a growing problem. One Wednesday night late in January, a block from Big Wave Dave's, a celebrated local hustler and avowed user stabbed a prominent expat twice in the stomach with a pair of barber's scissors, the culmination of a long-running feud. The expat recovered after surgery; the hustler was arrested and released, and a few weeks later he left town.
...The mayor is not anti-development. "If the foreign investors behave with social responsibility," he said, "community relations will turn out OK." But, he cautioned, "what we don't want to see is a San Juan del Sur of America."

D'Souza introduces Eric Volz to his readers with previously unpublished background details while detailing his arrival in Nicaragua and his relationship with Jiménez.

INTO THE FRAY OF THIS FEVERED MARKET came Eric Volz. ... It says a lot about San Juan's unregulated, unlicensed real estate market that it could not only make room for the youthful and inexperienced Volz but also allow him to thrive. By all accounts, he had a knack for closing the deal; he was gathering capital, more than $100,000 of which he'd use to fund EP.
According to friends, Volz is a diversely talented individualist, a traveler and outdoor enthusiast. When he was ten, his family moved from Sacramento to Nashville, where his divorced parents both still live. Volz's father, Jan, is a country-music-tour organizer and founding member of an alternative Christian band called the 77's; his mother, Maggie Anthony, is an interior decorator. He has a younger sister, plus a stepsister from his mother's second marriage. His mother's side of the family is of Mexican descent, and it's from them that Volz became "receptively bilingual," as he put it when I spoke to him in March. "I understood what they said, but I only produced English." Volz took up climbing at a local gym when he was 11, as a way to deal with his parents' divorce. "It really began to mean something about freedom, learning my limits, learning to trust myself," he told me. After high school, he moved to Meyers, California, near South Lake Tahoe. He worked in carpentry, took classes at Lake Tahoe Community College, DJ'd at a local bar, and built a reputation as an exceptional free climber.
While many of his Tahoe friends remained in the mountains, Volz chose a different path, ultimately pursuing Latin American studies at UCSD. "I reached a point where I was ready to be a little more responsible socially," he says. "I realized that hanging out in the mountains and staying in shape was great, but I wasn't really doing much."
Volz's climbing friends would be among the first to come to his defense after his arrest. "He had a view you don't see as much in mountain towns," Chris McNamara, a Tahoe climber who made bouldering films with Volz, wrote me in an e-mail. "He was concerned with global issues and was looking for the opportunity to address them. He thought Nicaragua was the place to do this. And that's the incredibly tragic irony of this case. Eric was working to get beyond those divisive cultural and political relations. Everything that he now seems to be in the middle of."
In 2004, Volz joined his father for a ten-day trip to Iraq, photographing country singer Chely Wright's tour as she entertained the troops. He met Iraqis, interviewed soldiers, and flew in Blackhawks. He soon finished his degree. In early 2005, having visited San Juan off and on for six years, he decided to move to Nicaragua. In the waterfront Rocamar Restaurant, where he often ate, Doris Jiménez was a waitress. Volz's résumé was already filled with travels; she was a local girl of very modest upbringing. "Her dream, from when she was 15 years old," says her aunt María Elena Alvarado, "was to have a shop."
Jiménez studied business administration at the UPOLI University in nearby Rivas, taking computer and English classes. While Volz, as one friend puts it, "had the world by a string," Jiménez, according to everyone, was the prettiest girl in town.
Just one year later, Jiménez would be running Sol Fashion, while Volz focused on the launch of EP. The magazine, as he wrote in his first publisher's letter, would be devoted to everything from "the explosion of surf culture" to local anxiety over the "oncoming waves of foreigners, construction, and the almighty dollar." Professional, bilingual, and printed on expensive paper, the premiere edition appeared in July 2006, boasting a 20,000-copy run, a viable presence in five countries, and a look to rival Vogue. That first issue includes a nine-page "fashion-documentary" called "Maria's Journey," following Nicaraguan model Maria Mercedes in various states of dress and undress in Victoria's Secret, Prada, and Benetton—beginning as she wakes with a yawn and a long tumble of black hair in what is clearly a campesino shack and ending with her posed outside a modern office building, a powerful CEO. "Where you come from," the text reads, "does not determine where you can go." Doris Jiménez appears on page 59, standing in the countryside in a traditional skirt, the wind in her hair. The words beside her read, "We are rising in the ranks of power, breaking new ground. —Women of Central America."
When they first started El Puente and money was tight, Volz shared a house with [Jan] Thompson and his local girlfriend, Arelis Castro López, now his wife. Volz and Jiménez began dating; Jiménez moved in, too. The arrangement lasted several months, and both Thompson and his wife say they didn't see anything that would make them think Volz is a murderer. Thompson knew Jiménez three years longer than he knew Volz; he says what everyone says—that she was nice.
Though sentiment in San Juan is unanimously positive concerning Doris Jiménez, opinion about Volz is mixed. People close to her family invariably say that his foreign ways led her into behaviors considered shameful here. Her mother, Mercedes Alvarado, who sold her San Juan home in 2006 and moved inland to Rivas with Doris's two younger sisters, says she took exception to what she describes as Volz's lack of communication with the family, to her daughter's willingness to leap out of bed "when he would call in the middle of the night."
Jiménez's grandmother Jacinta Lanzas told the Diario, "With these people you have to be very careful, because you don't know anything about them, nothing of their past, and in this case I always sensed something bad. I never felt good about this guy." Volz, for his part, says Jiménez was never close to her mother.
Volz's business associates insist he is "a great guy," that he couldn't possibly have done this. A few other expats, people who had unsuccessful real estate dealings with him at Century 21, readily vilify him in open anger. Many others simply say that he seemed aloof. "A lot of the expats in San Juan," Volz explained, "quite frankly, I don't connect with them. So I could see how they could see me being an arrogant person. I wasn't your normal expat. I worked pretty much all the time."
Volz and Jiménez's split, both he and Thompson insisted, was amicable. "I had a lot of love for her," said Volz, who says that he ended things around June 2006. "It wasn't like I moved to San Juan del Sur and was just, Oh my God, a Latina—sexy. I knew I wasn't going to be in Nicaragua forever, and I was always very up front and honest with Doris about that."
"Doris was Miss San Juan a couple years ago," Thompson said. "Eric wasn't even her first American boyfriend. Eric is innocent. The town didn't know him; that's why they were so quick to condemn him."
"Have you heard the expression 'Pueblo pequeño, infierno grande'?" he asked." 'Little town, big hell.' There is a lot of jealousy here. Who knows what's really going on?"

In frightening detail, D'Souza retells the nightmare of the frenzied mobs that menaced Volz following his arraignment.

TWO DAYS BEFORE VOLZ'S DECEMBER 7 arraignment in Rivas, a car with loudspeakers circled through San Juan exhorting people to "bring justice to the gringo!" A huge crowd jeered as he was escorted into the courthouse; during the hearing, a woman outside could be heard shouting, "Come out, gringo, we are going to murder you!" Expecting the worst, Volz and the U.S. Embassy regional security officer, Michael Poehlitz, exchanged clothes while Volz's father, Jan, who'd flown in from the States, looked on.
As Volz left the arraignment, the mob saw through the ruse and rushed him. "A couple punches flew out of the side," Volz told me. "I don't know if I dodged them or if they just missed me. I felt a rock fly by my head." He ducked into a nearby gymnasium and hid in an office. With the mob surrounding the building, Poehlitz ran in behind him, making calls on his cell while Volz frantically stripped off one of the handcuffs and kicked through a wall into a room where they would be more secure. An hour later, police retrieved them.
"It was utter chaos," Jan Volz told me this spring. "Eric had said to me, 'Dad, do not come over here; there are guys with clubs.' I was not going to leave my son. They were taunting and jeering." As Jan left with two legal advisers, he recalled, "people were pounding on our car, hitting it with clubs. I'm convinced that if they had caught any one of us, they would have killed us."

D'Souza proceeds to put to rest one of the most damning misrepresentations put forth by El Nuevo Diario. Repeatedly, and as recently as two months ago, the Managua tabloid insisted that attorneys for Volz had offered the victim's mother, Mercedes Alvarado, a million dollar payoff to drop the charges against Eric. From D'Souza we learn that the settlement offer was admittedly made by the attorney for Danglas, the state's star "witness" against Volz and the man originally charged with the murder who the Nicaraguan Court of Appeals is, according to recently published Nicaraguan news reports, looking at as a suspect again.

Sometime in the second half of December, Volz's defense team called a meeting at the Crowne Plaza Hotel in Managua to give San Juan mayor Holmann Volz's account of his whereabouts on the day of the murder, hoping he could intervene with local reporters. What quickly transpired, however, was anything but positive. Holmann expanded the invitation to include Krusty Dangla's lawyer, Cesar Baltodano, and commissioner Yamil Gutiérrez, of the Rivas police. Agreeing to try to arrange a tête-à-tête between Jiménez's mother and Volz's defense lawyers, Baltodano invited Mercedes Alvarado to lunch at the Gran Diamante restaurant, near Rivas on Lake Nicaragua. According to Alvarado and her lawyer, Erick Cabezas, who was also present, Baltodano told the woman, "Your daughter is dead. She's not coming back. How much could she have earned in her life? Fifty dollars a day? Over 40 years?"
Cabezas alleges that Baltodano told Alvarado that if she would make a public written statement attesting to Volz's innocence, a cash settlement of $1,000,000 would be placed in her bank account, to which Cabezas, as her lawyer, would be entitled to 20 percent. While Baltodano denies offering a settlement, he admits the subject came up. "You know," he told me, "this sort of thing exists everywhere in the world. I said to her that her daughter would never live again, maybe we could do something." Volz's family, his defense team, and Holmann all emphatically deny having suggested a settlement.
Nevertheless, Alvarado went to the press. "I don't need a million dollars," she would cry in every subsequent radio and print interview. "I need my daughter!" Local sentiment turned darker. "He's rich! His powerful family is trying to buy him out!" became a local mantra.
The Volz family seemed totally confused. "I'm a guy who makes a salary," Jan Volz said. "I'm broke now. Doris's life was worth a lot more than a million dollars. I'm deeply sorry that she's gone. I want justice, too. If Eric was guilty, I'd tell him, 'You'll pay in here because you made a choice.' Had I a million dollars, I wouldn't have given it to her. Eric is innocent—I'm not trying to buy his innocence."

Having taken you through the first half of D'Souza's article, I'll direct you to the original article itself for the balance. If time allows, I hope you'll visit Outside Magazine to read the brilliant article by in full.

Click here to read "The Boomtown, the Gringo, the Girl, and Her Murder."

Nifonged in Nicaragua: "Justice for Eric Volz" Banners Appear in Managua

2007-06-07T07:17:00.000-04:00

Justice for Eric Volz banner hangs above a busy Managua intersection.

In recent weeks, support for Eric Volz among Nicaraguan citizens has become increasingly evident. The latest "sign" of Nicaraguan support for the falsely convicted American is the appearance of banners posted throughout Managua demanding "Justice for Eric Volz" and directing locals to the Spanish language Friends of Eric Volz website.

Nifonged in Nicaragua: Eric Volz Benefit Concert

2007-06-07T01:07:00.000-04:00

A benefit concert for Eric Volz will be held tomorrow at The Farm Community in Summertown, TN. The Farm, located just south of Nashville and normally closed to the public, is one of the only thriving hippie communes remaining in the United States. Friday's concert which features Nashville reggae rockers THB and The Running is headlined by Asheville (NC) ska-punk band Strut. The show starts at 8PM. Admission will set you back $20.00 and all proceeds go directly, and in full, to Volz's defense fund. Click here for directions to The Farm.

Nifonged in Nicaragua: Listen to Eric Volz Interview (In Spanish)

2007-06-04T15:48:00.000-04:00

Click Here to Listen to Eric Volz Interview with Trinchera de la Noticia (in Spanish only)

Nifonged in Nicaragua: Chicago Tribune Editorial

2007-06-03T07:52:00.000-04:00

Click here to read the Chicago Tribune's Editorial "An American in Nicaragua"

Nifonged in Nicaragua: Volz Judge Under Investigation By Nicaraguan Supreme Court

2007-06-02T10:27:00.000-04:00

An article published yesterday in a Managua daily newspaper, El Nuevo Diario, questions the integrity of Judge Ivette Toruño Blanco, the judge who sentenced American Eric Volz to 30 years in prison for the rape and murder of Doris Ivania Jiménez despite overwhelming evidence of his factual innocence. Blanco, whose blatant disregard for Nicaraguan law in the Volz case has fueled outrage in the US and growing skepticism from more reputable media outlets in Nicaragua, is currently under investigation by the Nicaraguan Supreme Court for her role in an unrelated case, according to El Nuevo Diario. Not suprisingly, El Nuevo Diario, which has been at the forefront of the local tabloid propaganda campaign against Volz, fails to note the connection of the current scandal involving Judge Blanco to her equally corrupt decisions at Volz's trial.

In announcing the investigation of Judge Blanco, Armengol Cuadra, president of the Supreme Court of Nicaragua, labeled the decision by Judge Blanco to suspend the three year jail sentence of José Ernesto Pineda Salvador "strange and abnormal" while noting that her decision is in defiance of the high court's mandate to treat drug trafficking cases involving high sums of money (Pineda Salvador was captured with $1.4 million secreted in the rear doors of his Honda Civic) with extreme care.

“We are going to investigate the circumstances in which the judge granted that benefit to him, because we have stressed that judges must act with extreme caution in the cases of drug trafficking when there is very high sums of money involved,” said Armengol Cuadra.

In exchange for suspending the convicted drug trafficker's prison sentence, Judge Blanco required Pineda Salvador to pay one hundred thousand córdobas as a guarantee that he would return to her court annually. As an explanation for her decision which immediately followed the defendant's guilty plea, Blanco offered simply that he had no prior convictions in her jurisdiction. Supreme Court President Cuadra noted other irregularities in Judge Blanco's decision including her assignment of the convicted felon's mother, a Panamanian citizen, as guarantor of his annual return to court. By Nicaraguan law, foreign nationals are prohibited from acting as bondsmen, the role assigned by Blanco to María Cecilia Pineda.

While it is not surprising that El Nuevo Diario, which recently published altered photographs of marks on Volz's shoulders as if they were the genuine pictures presented at the farce of a trial presided over by Blanco, ignores the implications of the investigation into the ethically challenged Judge on Volz's appeal, their publication of the charges made by the President of the Supreme Court can only further call into question her decisions in the Volz case.

Among the more questionable rulings made by Blanco in the Volz trial are:

Prohibiting at least seven alibi witnesses from testifying on the grounds that their testimony would be redundant
Dismissing cell phone and cell tower records that incontrovertibly supported Volz alibi on the grounds that the records could not indicate who was using the cell phone at the times noted despite accepting testimony from a prosecution witness who stated that she spoke to Volz on the phone in question
Dismissing testimony from at least one prosecution expert witness that excluded Volz as the perpetrator on the grounds that the expert was not credible
Dismissing testimony from the three alibi witnesses (including a highly respected Nicaraguan journalist) she did allow to testify on the grounds that they were not credible
Accepting as credible the unsteady, and apparently drunken, testimony of the man initially charged with the crime who was found with scratches to his penis and body but granted immunity in exchange for implicating Volz

Initially, it was speculated by many that Judge Blanco's bizarre rulings at Volz's trial were motivated by concerns for her safety. Shortly after the verdict, one of Volz's attorneys, Joe Reedy, an attorney with the law firm of Greenberg Traurig, suggested:

There has been a horrible murder, and the people want somebody to pay for it...If she was frightened for her life, or frightened for the safety of her family, in a community where they had wielded machetes and chased our client three blocks along with a U.S. Embassy official, it would have been understandable.

Given the allegations made by Supreme Court President Cuadra, it appears that Judge Blanco's motives in the Volz case may be less "understandable" than initially assumed.

Nifonged in Nicaragua: New Letter From Eric Volz

2007-05-31T17:09:00.000-04:00

The Friends of Eric Volz website has posted a new letter from Eric Volz to supporters. The letter reads:

Brothers and Sisters,

I have just received and finished reading all the letters of support off the web site from April 14-23, the process to get the letters to me always keeps me weeks behind.

WOW!!! The response has been amazing and it seems that the awareness around my struggle has grown tremendously. I'm almost completely isolated from the day-to-day work of those working for my freedom, so the letters, apart from being extremely uplifting, are also very informative. Your messages give me a sense of where this story is in the public sphere. The letters cover a variety of subjects and there are many good questions. I am providing my responses in a series of letters to the most common themes.

The letters are so full of life and wisdom. Often times I get one that just drives so true that I have to stop reading, put the letter down, close my eyes and become overwhelmed as my heart races with energy and excitement. No matter how small the note or brief the message, they all relieve the tightness of my surroundings and the length of days. I can't wait to meet all of you, my new friends, someday. You are a huge inspiration!! Thank you! Thank you! Thank you!

I thought I might start by writing a bit about who you are - since you are now part of the story. Who is writing? Who are all these people that care so much? I get letters from all walks of life. A lot of parents, college students, many Latinos, Nicaraguans and Nicaraguan-Americans, Mexican-Americans, travelers and foreigners who have spent time in Nicaragua, soldiers in Iraq, people from a wide variety of religions, of course my family & friends, and even others in prisons.

The letters are sent from all over the world; all 50 states, China, Tibet, Egypt, Australia, Germany, Venezuela, all over Latin America and the Caribbean, and many from Nicaragua. The letters have become one of the most amazing parts of this journey for me.

EP Magazine was brainstorming a fun campaign called, "Citizens of the Planet". We were thinking about inserting some sort of paper passport cover that would sport the official seal of "Planet Earth". Readers could wrap their normal passport in the "Citizen of the Planet" sleeve and present it proudly when they traveled to express their global perspective. The gesture was simple; there are those that feel patriotic about the planet as a whole, not just their own nation - kind of a "One Love" spin-off, ya know. Anyway, it never happened, partly due to the expense, but the campaign seemed to favor the more affluent class who can afford to travel, excluding those who cannot. Maybe we can figure out a way to make it work in the future, right?!

Despite the variety of people and places, there is a common trait revealed in the letters, that is, most of those who are touched and/or affected by this are those who care deeply about the value of cultural diversity and international cooperation. This has been the presiding issue of my work and focus; it is the very thing that brought me to Nicaragua.

There are many people of great character and integrity here. Several have diligently supported me and spoken of my innocence. I'm forever grateful to these people. I still have a lot of love for Nicaragua and it sucks that once I get outta here I won't be able to come back from a long time; if ever.

On the flip side, I have also received letters generalizing negatively about North Americans. Although support for me has emerged from all over the world, the concentration is most visible from the US. The United States is a nation of complexity and great diversity. Its population is not made up of all 'gringos' either, as some have stated. Recently, Latinos have become the predominate minority, prime-time TV shows and advertisements are being produced in Spanish, and one of the largest populations of Nicaraguans outside this country is in Miami.

From where I stand, I see this as a classic example of cross-cultural misunderstanding as people stereotype and oversimplify the elements at play. This misunderstanding has also been fueled by press coverage (both English & Spanish) flirting with controversial headlines and tones.

The other common trait in many of the letters is that what stirs you about Doris' murder, my captivity and what connects all of you with each other is a passion for justice. It is not only justice with regard to the rule of law, but the very essence of justice and that is a sense of "just-ness". You are a community of like-minded people that want to see things made right because you care about things that matter.

It is important to me that people keep in mind that I'm not the first, nor will I unfortunately be the last, to fall victim to this kind of injustice. Nor is the story of my journey any more or less important than anyone else's. Sometimes it even feels strange allocating resources toward my defense when so many others are in need of the same. I can only tell my story because it is simple the best source of data I have. My hope is that truth and understanding can be achieved by sharing the details.

I will recycle a quote from one of my support letters to drive this point home; "Eric, I will say that while I know this case is a personal one for you, it brings to light the importance of understanding that these sorts of things happen to many people all over the world, and while your case serves as a spotlight to bring this sort of situation to our attention, we should not forget that many have been unjustly accused and jailed; their lives spent hopelessly caged for no real reason."

She is right. This struggle is not just for me, it is the fight for those wrongly accused around the world. And although I'm suffering and every part of me aches for freedom, I feel blessed to be a part of this "spotlight" story. This is where I have found much peace and strength.

We must always stay clear, stay strong, and hold to what is real and true. No matter how long we are in chains, I believe it is only a fraction of the time we have been promised to spend with the King.

Please continue to write! Your messages give me hope!!!

With love,

Eric V.

Click here to send a letter to Eric Volz.

Nifonged in Nicaragua: UCSD Article

2007-05-31T16:57:00.001-04:00

The University of California, San Diego student newspaper, The Guardian, has an excellent article offering an overview of the Eric Volz case. Volz is a 2005 graduate of the school's Thurgood Marshall College.

Excerpts from The Guardian:

A 2005 UCSD graduate is currently serving a 30-year prison sentence in Nicaragua for allegedly raping and murdering his ex-girlfriend, though his defense team and a galvanized crew of family and friends are waging an international media campaign to reopen the investigation and appeal his conviction, which supporters say was based on shaky evidence.
Thurgood Marshall College alumnus Eric Volz's advocates claim that corruption, inconsistencies and propaganda plagued the investigation into the murder of Doris Jimenez, along with the subsequent trial during which Volz was convicted.
Although Volz was found guilty, 10 witnesses placed him in his Managua office - 90 miles away on ill-maintained roads - from 9:21 a.m. until 2:07 p.m.
Cell phone records, a conference call, time-stamped AOL Instant Messenger logs and meetings with three business associates corroborated the witnesses' testimonies.
In addition to Volz, three other Nicaraguan men were charged with Jimenez's murder.
One defendant, Nelson Lopez Danglas, received full immunity in exchange for testifying that he saw Volz exiting Jimenez's store at 1 p.m., adding that Volz paid him 50 cordobas - about $2.73 - to carry two bags from Jimenez's store into a waiting car. Danglas also had scratches, covering his torso, forearms and penis.
A Hertz rental receipt stamped 3:11 p.m. corroborated his assertion that he drove to San Juan del Sur only after he heard about the murder when a friend called him at 2:43 p.m.
Police had to fire rubber bullets to restrain the mob coordinated by Jimenez's mother, Mercedes Alvarado, who gathered the group outside the courtroom during the trial as they chanted and proclaimed that the United States cannot buy justice in Nicaraguan courts.
According to World magazine, protestors also threatened Volz, yelling, "Come out, gringo, because we are going to kill you!"
Volz and a U.S. Embassy security officer were chased by the crowd following the trial's preliminary hearing and had to barricade themselves inside a gymnasium to avoid being attacked, the Wall Street Journal said
"The Embassy has been actively engaged with Nicaraguan authorities regarding [Volz's] situation ... please be assured that in all such cases involving U.S. citizens, we do everything possible to try to ensure that the matter is handled in a fair, transparent manner by judicial authorities and that the rights of the accused under local law are protected," American Ambassador to Nicaragua Paul A. Trivelli said on the U.S. State Department's Web site.
In response to the massive public outcry following Volz's conviction, Sen. Lamar Alexander (R-Tenn.) has attempted to nudge fellow representatives into action, initiating dialogue with the State Department in an attempt to ensure that the investigation and review of the situation are kept open.

Click here to read the complete article.

Nifonged in Wilson: James Johnson

2007-05-27T09:20:00.001-04:00

WRAL Video: Rally for James Johnson

From WRAL May 26, 2007:

People in Wilson [NC] are calling for justice in the case of a man accused of murdering a young girl – and they support the suspect.
James Johnson has been in jail for nearly three years. He is charged with the kidnapping, rape and murder of 17-year-old Brittany Willis. His family claims evidence proves he's innocent.
They organized a rally downtown, led by Johnson’s father, Arthur Johnson. James has waited nearly three years for his day in court.
“We want justice not just for James, but for everyone,” Arthur said. “But how can you have it when people that are supposed to impose it are not abiding by it?”
Arthur says DNA clears his son of the crime. Last year, Kenneth Meeks confessed to killing Brittany Willis and says he acted alone. But that's not enough to get James out of jail.
This Friday marks 35 months since James Johnson was brought to the Wilson County Jail. His parents want the charges dropped. They know it can be done, and they point to a high-profile example: the Duke Lacrosse case.
...
The rally got a little help from a man who has become a symbol for the wrongly accused: Darryl Hunt of Winston-Salem. He won his freedom after spending 18 years in prison for crimes he didn't commit.
“We’re tired of our young men and women getting locked up and their lives taken away from them,” Hunt said.

From the Wilson Daily Times May 24, 2007:

Arthur and Beverly Johnson, parents of James Johnson, 20, are holding the rally "not just for James, but for everyone" wrongly accused of a crime, Arthur Johnson said.

The featured speaker will be Darryl Hunt, a Winston-Salem native who was wrongfully convicted of raping and murdering Deborah Sykes in 1984.

Hunt maintained his innocence and was released after 19 years in prison, after DNA evidence exonerated him. He then started the Darryl Hunt Project for Freedom and Justice.

After his exoneration, the city of Winston-Salem settled Hunt's claims against the city by awarding him $1,650,000 for his wrongful conviction.

Hunt's story was also featured in the movie "The Trials of Darryl Hunt," which was broadcast on HBO.

Jimmy Harris of Rocky Mount, is also expected to attend, Arthur Johnson said. Harris was convicted in 1984 of first-degree murder and robbery in Rocky Mount, according to the Rev. Elton Powell, a local teacher who has taken interest in Harris' case and James Johnson's case.

Harris served 22 years in prison and was released on probation in October 2006. Powell said he and other people supporting Harris are working to prove he was wrongfully convicted.

Wilson County Commissioner Bobbie Jones will introduce Arthur Johnson at the rally. Then, Johnson said he would read a letter sent by Congressman G.K. Butterfield on May 16 to District Attorney Howard Boney, Judge Frank Brown and Judge Milton "Toby" Fitch.

The letter calls for James Johnson to be given a trial, a release on "reasonable conditions" or a dismissal of charges, noting "he is being denied a speedy trial as guaranteed by the Constitution and being punished while he is entitled to the presumption of innocence."

On May 7, Brown set James Johnson's trial date for July 23.

Arthur Johnson said he hopes to see about 200 people at the rally Saturday. The event, he said, is not just to tout James Johnson's innocence but to help prevent future wrongful convictions.

"My concentration is not just for James but for the community as a whole," Arthur Johnson said Wednesday. "This will happen to someone else's husband, brother, mother, daughter; and it doesn't need to."

James Johnson's parents hope the rally could help get their son's case tossed out.

"We want them to throw this case out. Period," Arthur Johnson said.

James Johnson is being held at Wilson County Detention Center on $1 million bond.

Kenneth Meeks, 19, is serving a life sentence for Willis' murder. He pleaded guilty in April 2006 to first-degree murder and six other charges against him were dropped as part of the deal.

Meeks recanted statements he had initially made about Johnson's involvement in the crime, claiming he committed it alone, according to court documents. He sent a letter to The Wilson Daily Times in April, again claiming sole responsibility for Willis' death.

From WRAL May 7, 2007:

A man charged with the June 2004 death of a Wilson teen will soon get his day in court after he has been in jail for nearly three years for the crime. However, a second suspect in the case recently wrote a letter, claiming sole responsibility for the teen's death.
James Johnson will be on trial July 23 for the slaying of 18-year-old Brittany Willis. Authorities said Johnson and Kenneth Meeks kidnapped Willis from a parking lot, then robbed, raped and shot her in a field on Westshire Drive near the Brentwood Shopping Center in Wilson.
Johnson has always proclaimed his innocence in the case, and now his parents are pleased that their son will get his day in court.
"As you will see, the evidence proves him innocent," said Arthur Johnson, James' father.
Meeks wrote a letter dated April 24 and sent it to the Wilson Daily Times, claiming that he "committed the crime alone and James Johnson is innocent." Meeks also said in the letter that he gave authorities the murder weapon.
Meeks pleaded guilty to killing Willis in April 2006 in a deal in which he would spend the rest of his life in prison without the possibility of parole. Since Meeks was 16 when the crime occurred, he could not get the death penalty.
In the letter, Meeks said that holding Johnson was "a crime in itself."
"They have the person who committed the crime. The person who committed the crime has over and over again confessed that initially he lied on James because he was upset that James turned him in," said Arthur Johnson.
Johnson's attorney declined to comment on the letter sent to the newspaper. Johnson's family said the letter is more proof about what they have known all along.
"Justice would be to let him go now. You already know he didn't do it," said Arthur Johnson.

Click here to read the letter Kenneth Meeks sent to the Wilson Daily Times.

From the Wilson Daily Times April 17, 2007:

James Johnson, the 20-year-old Wilson man accused of raping and killing 18-year-old Brittany Willis in June 2004, is being held on $1 million bond at Wilson County Detention Center.

His family says he has been wrongly accused and is renewing efforts to rally support for him.

Johnson's parents, Arthur and Beverly Johnson, recently sent dozens of letters to "anyone willing to read it," which briefly outline the case and question whether race, politics and money have played a role in the matter.

"They're messing up this young man's life before it even began, for political, monetary and racial reasons, and that's wrong," Arthur Johnson said.

The prosecution alleges that Johnson and Kenneth Meeks, who was 16 years old at the time, abducted Willis from the Brentwood Shopping Center in June 2004, took her to a nearby construction site, raped her, shot her and left her body, then abandoned her car at a nearby apartment complex.

Meeks pleaded guilty to first-degree in April 2006 as part of a plea deal that dropped six other charges, including rape and kidnapping. Because he was a minor at the time, he was ineligible for the death penalty and was sentenced to life in prison.

Documents in Meeks' case file show in April 2006 he testified that he acted alone in the crime, and only implicated Johnson after he discovered Johnson had told police about what Meeks had done. (Emphasis supplied)

In December 2006, Assistant District Attorney Bill Wolfe announced he would not seek the death penalty against Johnson, making him eligible for bond. In January, his bond was set at $1 million, but Johnson's family calls the bond an empty gesture.

"If we had $1 million, we would have had our son home by now," said his father.

Johnson's parents say polygraph tests and DNA evidence exclude their son from the commission of the crime. They are confident he will be exonerated, they said, but they question whether impartiality will be found in Wilson's courts.

"They're looking for someone to convict," Arthur Johnson said. "We feel if we could get someone to look at it with an objective opinion, (the case) would be tossed out."

At times there have been delays in the case. A motion regarding "hearsay statements" took four months to get a ruling.

In August 2006, Judge Frank Brown heard arguments regarding whether certain statements should be admissible during Johnson's trial.

The statements are from the husband and daughter of the late Charlene Gray Godvey, who claimed in 2004 to have seen two men walking with a woman in the area around the time authorities believe Willis was abducted.

Godvey's statements were testimonial and therefore inadmissible, Brown ruled, but the statements she made to her husband and daughter were "nontestimonial" and admissible.

Now, Johnson is awaiting a trial date. Wolfe said the chief Superior Court judge sets the calendar, and Johnson's court date hasn't been decided.

As his family waits, they are discussing holding a "march for justice" and continue to look for support.

"Right now, the way we feel is Wilson, since its inception, has always been this way and it's time to turn Wilson on its ear," Arthur Johnson said. "What's to say down the road someone's child doesn't go through this same thing? At some point, it has to stop."

From WRAL July 2, 2004:

Wilson police have arrested three teenagers in connection with the death of a 17-year-old girl found dead in a field Tuesday afternoon.
James Johnson, 18, and Kenneth Meeks, 16, are each charged with first-degree kidnapping, murder, robbery with a dangerous weapon and rape in the death of Brittany Willis.

Julian Deans, 19, is charged with accessory after the fact.

Police say the arrests came after Johnson and Deans went to Wilson police Thursday night offering information about the case and mentioned a reward.

Investigators charge that Johnson and Meeks abducted Willis from the Brentwood Shopping Center parking lot Monday afternoon and took her to a nearby construction field, where she was raped and shot.
...
Some classmates were stunned to hear the news of their classmates' arrest.

"It was a shock because the boys that have been accused are not those type of boys," said Anna Edwards, who recently graduated from Fike High School with Dean and Johnson.

Edwards said Dean and Johnson, a standout soccer player, had many friends and stayed out of trouble.

Nifonged in Nicaragua: Appellate Court Leans Towards Annulling Volz Verdict

2007-05-27T09:00:00.000-04:00

El Nuevo Diario is reporting that the Nicaraguan appellate court review of Eric Volz 500+ page case file has begun and is approximately 70% complete. According to El Nuevo Diario, the three-judge panel responsible for evaluating the appeal of Volz's conviction is leaning towards annulling the verdict. Under Nicaraguan law, if the court does annul the conviction, Volz would be released from prison while awaiting a new trial.

The American Eric Stanley Volz, condemned to 30 years for the rape and murder of Doris Ivania Jiménez, waits in Tipitapa Prison for the verdict in his case to be issued in next weeks by the Court of Appeals of the South District in Granada.

Until now, the case file has not been placed before the court, considering the complexity of its 508 pages that has to be studied in advance by the three judges who compose that Court: Alejandro Estrada Sequeira, Francisco Roberto Rodríguez Baltodano and its president, Ángela Gross.

Nevertheless, a source connected with the Court tells El Nuevo Diario that 70 per cent of the case file has already been studied, and the tendency is to annul the judgment.

As reported by El Nuevo Diario, the Nicaraguan appellate panel of judges is carefully considering several items of evidence including the injuries to the penis of the star witness against Volz, Nelson López Dangla who was charged with the crime prior to Volz only to be freed in exchange for his false testimony against the American. Dangla's injuries, reported for the first time by El Nuevo Diario despite having been made public months ago, were apparently verified by forensic doctor Isolda Vanesa Arcia who examined Dangla on November 24, 2006.

It seems that they are looking closely at the person of Nelson López Dangla, initially accused as coauthor of the crime. He was then set free to serve as one of the key witnesses used by the district attorney's office to prove Volz's guilt.

Now the version arises that forensic doctor Isolda Vanesa Arcia, the one who examined López Dangla on November 24 2006 -- four days after the crime -- reported that Dangla presented bruised wounds in its penis and equimosis (an accumulation of blood under the skin) in the region of the glans, apparently four or five days old.

Other evidence under review, according to the article, includes cell phone records provided by Tefónica Móviles that demonstrate Volz was in Managua before, during, and after the crime. One call of particular note was made to Volz by a witness against him, Gabriela Vanesa Sobalvarro. Curiously, or not, Judge Ivette Toruño Blanco accepted Sobalvarro's testimony that Volz was unaffected by the news of Jiménez's death on that call yet disqualified the record of that call, and others, which demonstrated Volz was in Managua on the basis that it was uncertain who was using Volz cell phone.

Among the evidence presented by the defense, the Court is reconsidering the telephone calls that the defense presented to demonstrate that Volz was in Managua "before, during and after the crime". Ivett Toruño, judge of the Penal District of Judgment of Rivas, rejected these, saying that though this could prove the time and place of the calls, it could not show who used the telephone.

Tefónica Mobile issued the record of completed calls from November 21, 2006 for telephone number 897-7325, apparently the property of Eric Volz.

This report covers received and completed calls through one telephone antenna, located in "Residencial Los Robles" in Managua, from eight in the morning until after three in the afternoon.

To this telephone number came the call from number 887-7493 at 14:43 (2:43 pm), in which Gabriela Vanesa Sobalvarro communicated with Volz to report to him that Doris Jiménez had been murdered.

In her testimony against Volz, Sobalvarro indicated that she made the call some 15 minutes after seeing the corpse of Jiménez. She stated that Volz seemed not to be moved by hearing the news, and after asking if the police had already come to the crime scene, he told her that he would rent a car to carry people to Managua, in this case, to Jimenez's father.

Upon completion of the review of the case file, the Appellate Court, according to Nicaraguan law, will have five days to conduct a hearing on the appeal, if it deems such a hearing necessary, and an additional five days to issue its judgment. Among the options for the three-judge panel are:

upholding the trial court's verdict and sentence;

revising the trial court's verdict to a lesser crime and modifying the sentence accordingly;

annulling the trial court's verdict, ordering a new trial, and setting Volz free until the completion of a new trial; or

revoking the trial court's verdict and restoring Volz's freedom.

In a recent interview with Xavier Reyes Alba, director of Trinchera de la Noticia , Volz expressed confidence in the appeal process and the fairness of the empaneled tribunal.

He adds that he trusts the Court of Appeals that has the case in its hands. “I have confidence in the justice of Nicaragua” because “I believe that the Court she is in a context very different from the one from the court of Rivas” that condemned him to 30 years by the murder of Doris Jiménez.

With the initial review underway and 70% complete, and with a set timetable for the hearing and decision to follow, it appears that Volz appeal should be resolved in June.

Click here to read a full translation of the article from yesterday's El Nuevo Diario.

Nifonged in Nicaragua: Esta Semana Revisits the Volz Case

2007-05-24T09:21:00.000-04:00

Last weekend, Esta Semana, "the '60 Minutes' of Nicaragua", aired a follow up to their interview with Eric Volz from two weeks ago. While their initial broadcast elicited several positive responses to the presentation of the case for Volz's innocence, this week's segment, entitled "Mensajes Finales" (Final Messages) and hosted by Carlos Fernando Chamorro (pictured above), has received the opposite reaction from local viewers. The television news magazine's website described the brief episode as, "Discover what the civil society thinks on the Volz case." Click here to download the video of Mensajes Finales.

Nifonged in Nicaragua: Volz Interview with LaPrensa

2007-05-21T08:53:00.001-04:00

Recently, La Prensa, a Nicaraguan daily newspaper that had helped fuel the campaign to publicly condemn American Eric Volz in the weeks leading to his wrongfully conviction, published an interview with Volz on its front page. A translation of the interview appears below:

La Prensa: What was your Version of all of this?

Eric Volz: "It was a very hard blow that was influenced mostly by public opinion and this was caused by the mother of Doris, Doña Mercedes saying that she had been offered U$1 Million dollars so that she would not accuse me of the crime. My family tried to defend the case, but the media did not present it well. There was no offerings, it is illogical; My family said that Eric Volz is innocent, and they could not do anything more, I was accused and processed by the State of Nicaragua..."

La Prensa: Why do you believe that since the begining everything was against you before the judge, the police and the District attorney's Office?

Eric Volz: Señora Mercedes, the mother of Doris also gave me another very strong blow in the media when she left saying that she had a recording, of a phone call and she says that in that call she was speaking with the police, and that police, according to her version, said that Eric Volz had confessed to the crime, but then denied to say more about the statement. First, I ask if this is True, where is this declaration? and secondly, Why was this never presented to the District attorney's Office? And Thirdly, Why didn't this officer, or a high official of the Police of Rivas, present this information against me? This was very important because we saw a major change at this point, the family had a very strong opinion. It wasn't until I was under arrest, when the family began to come to public light and saying false things.

La Prensa What do you attribut this change to and were there signs subsequently?

Because an oficial of the Police told her that I confessed to the crime. Now they put the mother in a position where she has been hurt, hurt that she lost a child and this comes from a person of the police, an organism that we have confidence in; that they will maintain justice and they said that this fellow confessed, Here in this moment I was very vulnerable, but I believe that there was more to this.

La Prensa: Why could Eric Volz not be the author of the crime?

Eric Volz: Alright, Number 1: I was not in San Juan del Sur, the Tueday 21 of November, this was shown in the evidence, and we showed it clearly. Including the public and the same public prosecutor was surprised by the judgement. I have concrete witnesses, I have VERY concrete Evidence and no I do not have motives for the crime. I am not a jealous fellow. I am very good, I am not like this. There is another thing, when I was under arrest, the Police and the District attorney's Office had spoken with the media throwing me to the fire, they then did not even have a motive. They agreed to say that the crime was by jealousy, that it was a crime of passion.

La Prensa: The nail marks were evidence used against you?

Eric Volz: The Famous nail marks, good, number 1: They were not Nail Marks, nor were they scratches, they were bruised wounds and it is a very important specification.

La Prensa: What did the Forensic scientist say?

Eric Volz: The forensic scientist said that they are bruised wounds. They are not cuts. That are due to me bearing the coffin of Doris on my shoulder. We have investigated the coffins and that coffin can weigh upto 500 pounds. And generally it is held by 8 men and that day there were only 4 holding it and no more. It is also because I have white skin. Number 2: the photo that has is cut in which appeared in the judgement is not the same photo that the media used, Why did they cut it? because I have a bone that goes beyond the photo that was cut that is also very red, even purple which would make you understand the weight of the coffin...

La Prensa: You reject that they are scratches?

Eric Volz: The same public prosecutor is contradicted because the Police did not find anything under the nails of Doris, that is to say its a complete contradiction.

La Prensa: Can you speak of the voucher of the Auto Rental?

Eric Volz: I am a manager of a company and the manager does not always sign all of the papers, what I sign are always the vouchers that are financed by by credit card. A contract, or a reciept is signed by the manager of operations and this is what happened that day. What I did sign and presented to the judge was a voucher from Credomatic with the signature Eric Volz, I was occupied attending to people, my secretary knew that I was the only one to sign the vouchers of the credit card, but she signed it.

La Prensa: Why did Nelson López Danglas links you to the crime?

Eric Volz: I recall that he was one of the first people accused, and was imprisoned, the District attorney's Office accused him to have murdered Doris. I was not detained because of what the family said, or for what Danglas said; I was detained for a supposed declaration that Julio Martín Chamorro made and in this declaration he explained that he was in the store and and that Nelson Danglas was with him and the 2 of them made up the story that, Myself and Armando Llanes, violated and killed Doris, for this is why. In the Second audience we were all surprised when the Prosecutor let go Armando Llanes and Nelson Danglas, although Nelson is the one that had wounds on his penis and was misterious. eso sí es misterioso. What do you think is up with this? There is another thing, it has to do with the Police, in the investigation they had more evidence against Julio Martín Chamorro, but they did not present it. When Doris was killed she had something misterious of her cellular telephone, someone had robbed her cell, the police were looking for it, and they found the cellular and they had an informant that said that he had sold it in Rivas, the night of the death of Doris and it was sold by Julio Martín Chamorro. So I ask, if the Police had this evidence against Julio Martín why did they not link him directly with the store, because Julio Martin was not alone when he sold the phone López Danglas was with him when he sold the Cell of Doris...

La Prensa: To your Criteria this case was not investigated in depth by the Police or the Prosecutor?

Eric Volz: It is very complicated, I know that the Police did not do a good investigation, I I know that there is a very popular pizzeria next to the store of Doris and the Police did not carry out any interview with the people of the pizzeria, it was in the middle of the day when they said Doris was killed, it is logical to interview the people that were there.

La Prensa: How did you enter the crime?

Eric Volz: I recieved a call from a young lady that ironically was an enemy of Doris... Imediately Later I was advised by a better friend of Doris, she called me at 12:43 p.m, they have criticised me quite a bit also saying that I took a lot of time to get to San Juan del Sur. when they called me with this type of news that affected me.

La Prensa: What did they say?

Eric Volz: They told me that Doris had been hung... I was in shock, I unfortunately was attending to many people in my office...

I know that the same District attorney's Office says that there are 3 murderers, there are 2 that are in prison, I am innocent, so that means that there are 2 that are loose. It hurts me me to, it is very frustrating that the case is closed. I do not see justice. If I am able to leave here, if they give me liberty in the appeal that is approaching, I require, in the name of justice that the State process Nelson López Danglas for false testimony.

La Prensa: What do you think was the Motive?

Eric Volz: I have information that Julio Martín Chamorro was an admirer of Doris, he would go to the store frequently. Doris was a very pretty young lady, very inteligent and pursued by many men and there were many people jealous when I was with her.

La Prensa: You believe that there are people that wanted to see you out of the country and therefor involved you in this crime?

Eric Volz: Its possible, but I do not have any information confirming this, I don't think so

La Prensa: Suppose the appeal is not in your favor. Will you comply with the grief of the country?

Eric Volz: My personal opinion is that Judge Ivet Toruño was put in a very difficult situation, There was a lot of pressure on the part of the public. I believe that she condemned me because by the Court of Appeal I was going to have opportunity to leave... I have all the confidence in them, I I know that I am going to leave free.

Translation provided by 3 Frijoles at TheRealNicaragua.com.

Justice, Politics, Paradise

2007-05-17T09:37:00.000-04:00

A new article on the wrongful conviction of Eric Volz appears in the City Lights section of the San Diego Reader. Entitled Justice, Politics, Paradise and written by Joe Deegan, the article offers background information and an overview of the case.

Justice, Politics, Paradise:

In February, a Nicaraguan court convicted former UCSD student Eric Volz of murdering a beautiful young Nicaragüense he had previously lived with. She was found dead early on an afternoon last November, strangled and hog-tied on a dress- shop floor in the village of San Juan del Sur. The court sentenced Volz to 30 years in prison. "I saw the trial on tape," says Kensington videographer Kevin Carpenter, "and my only reactions were shock and disbelief."
Carpenter and Volz met in a 2002 telemedia class at Southwestern College. "I was about seven years older than most kids in the class, who didn't seem to know what they wanted to do yet in life," Carpenter tells me. "Since I already had video experience, I would try to help the more serious students. And Eric was one of them. You could see that he knew exactly what he wanted to do. He had gone to Central America once already to work on a surfing documentary. He was always a self-confident person, and a lot of ambition showed clearly in his personality."
The two became friends and started spending time together outside of class. After Volz went to Nicaragua in 2005, they talked several times by phone. "Eric had a World Phone," says Carpenter. "Or it may have been Skype, a voice-over-Internet protocol that allows you to avoid telephone charges."
Aisha Carabello met Volz in 2004 when they were students together at UCSD. Volz was majoring in Latin American cultural studies, while Carabello studied education. Today she lives in the Bay Area, where she is a preschool teacher.
"I liked Eric right away," Carabello tells me by phone from Berkeley, "and since I was looking for a roommate at the time, I invited him to move in as soon as a friend introduced him to me. That was in November. Then, when he announced he was leaving for the Dominican Republic in early 2005, I was very disappointed. We were not romantically involved, but he had become one of my best friends even though he had only lived at my place for a little more than two months. Now he wanted to surf in the Caribbean. And he loved to travel." Volz stayed briefly in the Dominican Republic before moving on to Costa Rica and finally to the small Nicaraguan coastal village of San Juan del Sur, famous in the surfing community for its fine waves. Carabello says she stayed in monthly contact with Volz by phone.
Moving on so abruptly is characteristic of Volz, according to Carabello. It helps to explain a few things, she says, that have intrigued watchers of Volz's case in Nicaragua. Shortly after his arrival in the country, Volz started dating Doris Jiménez, who worked as a waitress in one of the village's restaurants. Soon they moved in together, and Volz helped Jiménez with a business plan to start up a small dress shop. Meanwhile, Volz worked as a Century 21 real estate agent and earned enough money to start a business that fit his interests. He was successful in getting a little magazine called El Puente (the Bridge) off the ground. The magazine is devoted to promoting "smart growth and ecotourism" in Central America.
A Century 21 Web advertisement, El Puente's Web homepage, and recent Nicaraguan history suggest that Volz had entered turbulent waters. "Imagine if you could have bought beachfront property with stunning ocean views in Malibu or San Diego 100 years ago at amazingly low prices," reads the Century 21 ad. "Come see for yourself why Nicaragua is one of the most beautiful and safest countries in the world."
On El Puente's homepage we find the following: "Growth also brings to mind the region's rising tourism and development, which are two timely issues we keep an eye on. Much of our content deals with the socio-economic effects of tourism and development on contemporary society in Central America. From the explosion of surf culture to the anxiety experienced in small coastal towns because of the oncoming waves of foreigners, construction, and the almighty dollar. Society is reacting and evolving."
And less than a month before Jiménez's murder, the Sandinista party's Daniel Ortega was reelected as Nicaragua's president after 16 years out of office. Ortega was the Marxist firebrand who provoked the ire of U.S. president Ronald Reagan, leading him to support a terrorist opposition movement in the now-infamous Iran-Contra fiasco.
In the summer of 2006, Volz left San Juan del Sur to set up offices for his magazine in Managua, Nicaragua's capital. At the same time, Volz has told reporters and the Nicaraguan court, he and Jiménez agreed to split up and go their own ways after a relationship of one year. They remained friends, said Volz. But Jiménez would stay to operate her dress shop in San Juan, where she met a new Nicaraguan boyfriend. At the time on November 21 that Jiménez was killed in her shop, El Puente staff members say that Volz was working in their magazine offices in Managua, a two-and-a-half-hour drive from San Juan.
In the weeks following Jiménez's death, the Nicaraguan press, especially the left-leaning newspaper El Nuevo Diario, characterized Volz as the jealous boyfriend. Jiménez's mother and a close girlfriend testified in court that the victim had told them of Volz's jealousy and that shortly before her death someone had been following her.
MSNBC's Keith Morrison claims Volz reported that while he lived in San Juan, villagers had been resentful toward Jiménez. "There were a lot of people," Morrison quotes Volz as saying, "that were envious of the fact that she was dating me." When the reporter asked further whether Jiménez wanted to continue their relationship and move to Managua with the American, Volz said, "She wasn't invited."
Both comments fueled speculation that Volz gives off an arrogance that might have rubbed Nicaraguans wrong. Former roommate Carabello understands the perceptions. But she thinks the comments have to be understood in the context of great emotion. "Eric does have a kind of cockiness," she says. "He and I used to joke about it, how some people seemed to comment on his being cocky." But Carabello describes Volz as a "carefree, free spirit, kind and gentle. And he is not the jealous type at all. At the time I got to know him he was just coming out of a relationship. I detected no traces of jealousy in him."
The Nicaraguan court that eventually convicted Volz did not allow Volz's alibi to be entered as legal testimony. In contrast to the case against him, that alibi seems incontrovertible.

Click here to read the balance of Justice, Politics, Paradise.

Nifonged in Nicaragua: '60 Minutes' of Nicaragua Stands Up For Volz

2007-05-15T17:26:00.000-04:00

Click to view Esta Semana's "Interview: Volz Case"

Continuing the recent trend of local media working to expose the factual innocence of Eric Volz, popular Nicaraguan current affairs television program Esta Semana, "the '60 Minutes' of Nicaragua", broadcast an interview with the wrongfully convicted American. The segment with Volz also featured the first Nicaraguan airing of footage showing Eric carrying the casket which left the faint marks that cowardly Judge Ivette Toruno Blanco pretended were scratches left by the woman Volz was falsely convicted of murdering. If the several public comments posted at Esta Semana's website are any indication, reaction to the Volz interview from Nicaraguan viewers appears to be decidedly positive as his appeal approaches. Unlike the outraged anti-Volz sentiment expressed when less reputable Nicaraguan media published blatantly false information, doctored photographs, and inflammatory rumors designed to heighten public condemnation of Volz, all but one of the commentators at Esta Semana appear moved by the compelling story of injustice.

Nifonged in Nicaragua: Part Two of Trinchera de la Noticia Interview with Eric Volz

2007-05-15T17:13:00.000-04:00

The following is a translation of the second part of an interview of Eric Volz conducted and originally published by Xavier Reyes Alba, director of Trinchera de la Noticia.

The killer walks free: Volz
American tells what happened in the interrogations.
I know the people of San Juan del Sur and some demonstrators were from Managua

By Xavier Reyes Alba

Eric S. Volz says that his Calvary did not start to become pressured in San Juan del Sur, to grow darker on the fateful Tuesday, November 21, 2006. He repeated that his first cellphone call was from Managua – that day – and was made after 4.30 in the afternoon, but the judge rejected the report of the telephone company as evidence for the defense.

The 27 year old American, sentenced to 30 years for the murder of Doris Jimenez, a graceful girl from Rivas who had been his girlfriend, tells in an exclusive to Trinchera de la Noticia that he went to collect the father of the girl and they went directly to the family home, where the vigil began to be organized. The father was never called to testify by the district attorney.

Trinchera: What happened that night?

Volz: The same night that I went to San Juan del Sur, agents of the police interviewed me. The first question they asked me was: “Eric, where were you today between ten in the morning and three in the afternoon?” My first answer that came from my lips was that I was in Managua, in my office.

And they asked: “Do you have witnesses who can confirm this?” I said yes. They asked, “how many?” I answered, at least eight. And the witnesses came to Rivas to give their statements in the trial.

I only remember one time when the police interviewed me and were taking notes, and it was precisely when I was interviewing with the subcommissioner of police who later said that I had confessed, which, I repeat, is a lie.

The first night, the day of the murder, I voluntarily gave them samples of hair, saliva, and with (clippers?) they took samples of my nails, for which I signed a written authorization.

After they arrested me, they took blood samples.

Trinchera: Did they ask you directly if you killed her?

Volz: No, they never asked me directly if I had killed her. Indeed, I cooperated with them a great deal. I was one of the people who knew Doris best, and they asked me many questions, but they never asked me if I had killed her.

There was a moment, looking back, when this same police subcommissioner, whose name I am not going to say right now, was asking me, “what was your relation with Doris like? Where did you go? Do you suspect anyone?” and suddenly his tone changed.

He began to speak to speak to me in another way, with an accusatory tone. “You become violent when you drink, don’t you, Eric? Did you hit Doris?” and things of that sort. I told him that I didn’t like the tone in which he was speaking to me, and if it was necessary, I would get an attorney.

He was disturbed and left there at that point.

Trinchera: When did this incident occur?

Volz: On the next day. Doris died on Tuesday afternoon and the questioning was on Wednesday afternoon in Rivas. They arrested me on Thursday, the 23rd of November.

Trinchera: What do you think happened at that moment?

Volz: I don’t know. I would like to know. There are many unusual twists. The investigation has very big holes, has many gaps in the information they collected.

I do know that she died unjustly, that it was a horrible murder, and she is the biggest victim in this whole story.

Trinchera: So from this moment, did the police and the family change their attitudes?

Volz: There is a key point: that is when Doris’ family changed, if you recall, Doris’ mother went out saying to the press that she had received a telephone call from a police official that told them that I had confessed to the crime. That I had confessed to having murdered Doris, but that I refused to sign the statement.

I ask myself, where is the statement of the police official? Why did they not present that in the trial? If I had confessed to the police, why did they not call this official, who did not even show his face, to the trial?

This calls to attention, why did they never present the recording that Doris’ mother claimed she had of the high official’s statement?

As explained earlier, after the police subcommissioner had interviewed Volz, who was not called to testify despite having interviewed Volz, the history of the trial began to change.

The first action of the Rivas police was to order the arrest of Eric, Armando Llanes, Nelson Lopez-Danglas and Julio Martin Chamorro under the suspicion that the four had committed the crime.

The initial theory of the investigators was that the four had entered the shop Sol Fashions, that Volz and Doris Jimenez had started in San Juan del Sur, and that they raped and later killed her.

Later, a second theory was produced. One of those arrested, Lopez-Danglas, whom Volz states is known in the port city as a minor drug consumer, negotiated an incriminating confession from Volz in exchange for becoming a witness, and not a defendant, in the trial.

His confession freed Chamorro and Llanes from responsibility. According to this version, Lopez-Danglas saw this at one in the afternoon: Eric and an unknown man inside the shop.

Eric – according to the statement that was part of the trial – asked (Lopez-Danglas) to meet him at 1pm in front of Doris’ shop and paid him 50 cordobas to put two bags in a white car.

Trinchera: What became of the two theories?

Volz: With respect to the witness who said he saw me at the crime scene, this is rather curious because one of the main pieces of evidence that they used to accuse me was a statement from Julio Martin Chamorro, presented by the police. In this statement, Julio Martin states that he saw me and Armando Llanes rape and kill Doris and that Nelson Lopez-Danglas was seen in the scene.

When the District Attorney’s Office withdrew charges against Lopez-Danglas and Llanes, with the same stroke they disqualified this statement and the theory. The same Districe Attorney’s office said that Chamorro lied in his statement. Although at the same time, the District Attorney presented Chamorro’s statement as proof, but only the part that said that Eric was in the shop.

This is illegal, it’s a contradiction, a fault of the trial.

Trinchero: Someone said they saw you at that time in front of the shop?

Volz: Nelson Lopez-Danglas was one of the prime suspects and was accused of the crime, but suddenly he was set free and appeared as a witness. I ask myself: San Juan del Sur is a small village and very concentrated; it has 23 thousand inhabitants, the judge said that I was in the central market at noon in San Juan del Sur, but Lopez-Danglas is the only person who says that he saw me.

Everyone knows me in San Juan del Sur, they know my car, they know my face. That has to sow doubts, but no, for the judge, I was like a magician who came into San Juan del Sur, killed Doris and then left without anyone seeing me.

The judge said that the motive was jealousy, that it was a crime of passion, and that I was jealous of Doris’ new boyfriend, who was Armando Llanes. Then, why was I looking for this same person, of whom I was jealous, to go and kill Doris? This has no sense, it is another contradiction.

There is a series of shortcomings, gaps in the accusation against me, including the same failure of the judge to prove that I was the guilty one. There are doubts, and when there are doubts, you cannot condemn a person.

The coffin and the lesions

One of the pieces that the District Attorney’s office used as fundamental evidence in the trial against the young American were the marks, signs that showed up on the higher right part of Eric’s shoulder.

The photograph was presented as ‘scratches’ made by the victim to defend herself against the murderer.

Trinchera: How do you explain these marks between the neck and the back?

Eric: The way my defense explained it. This concerns lesions, contusions, not cuts, that showed up on me after the mass when I carried the coffin on my right shoulder. We have investigated this and a coffin can weigh up to 500 pounds.

In general, such a coffin is carried by eight strong men, and on this day not more than four men carried it. In the photo, the lesions look very red and the forensic expert said that they were lesions three or four days old, but a lesion three or four days old doesn’t look red.

In the photos used by the press, you don’t see a bone that sticks out. They shrank the photo. In the photo that was in the trial, this bone sticks out, color red, (which gives to understand that it was not for the excess of something).

Yes, I had lesions, but they were contusions, and they told the people that they were scratches, and then they all said “the gringo, the murderer.”

The million dollars

Another theme very spread abroad by the press in the course of the trial, was a supposed offer of one million dollars for Doris’ family to withdraw the charges.

The print media published versions in which Eric and his family had made the offers.

Trinchera: Did you offer money? Did someone offer you money?

Volz: False. Doris’ mother went out with an accusation that I had offered her a million dollars to drop the charges. This was a very strong blow in public opinion.

In fact, this changed public opinion so that they thought this way. … I had to be the guilty one.

But it is curious because it is not Doris’ family that has accused me, for this, Doris’ mother’s story makes no sense, because the District Attorney’s office lodged the accusation.

And although Doris’ family stopped and said publicly that Eric is innocent (they did not stop?) the accusation. This was one of the strategic parts of those affected (?), to throw venom based on rumors and unjust opinions.

It is very curious. How is it that the family has gone out saying such bad things about me when during the vigil, the burial, when I was crying with them, they didn’t say anything before the police arrested me? I was not arrested because of the family’s accusations, they never said that I threatened her or hit her, as some witnesses said.

I was arrested because of Julio Martin Chamorro’s statement.

The killer walks free

Trinchera: What questions should we be asking of ourselves as a society, and of the very court of appeals?

Volz: Unfortunately the image of Eric Volz in Nicaragua has been deformed by the media. They have presented manipulated information, filtered information and there is half of the story that the majority of the Nicaraguan people haven’t heard at all.

I am in prison and here I have not had access to information about the investigation. My life is fighting for my freedom. I feel in my heart that there was a murder and the fact is that they have only focused on Eric Volz, although there were four people accused.

Besides, I feel that there is something more. There is no logical explanation. There should be a force, something there. If this was vengeance, I don’t know, I’m not going to talk without being sure, but it is possible.

The media campaign and his mother

Trichera: The campaign across the internet and the pressure of the big media in the US has been very dramatic. What role have you had in this?

Volz: I want the people to know that there was never a great waste of money in the media campaign. When they accused me and I was headed to trial, the same media that have condemned me, wanted to interview me, to speak with my family, wanted to come to prison and speak with Eric Volz, we decided, in order to keep the situation calm, to put our faith in Nicaraguan justice.

We didn’t want the media to go dramatizing the story, to go and make stereotypes of the Nicaraguan people. I have perhaps spent $40 dollars in the media campaign in putting up a web page.

All the rest has been out of the love of my family and friends who are supporting me, like the MySpace webpage, which I still haven’t seen, but know that it is free, like we say, ‘grass roots’.

The support that is surging in favor of Eric Volz is global, not only from the United States. There are many people from here in Nicaragua who write to me, who support me, who have spoken with my mother, there are Nicaraguans in Miami, Latinos in all of Latin America, soldiers in Iraq have written to me.

The movement we are seeing now, even at the international level, is not so much only about Eric Volz; these people have a passion for justice, and for this it is very strong. It’s not so much that they want me. I am (just) the symbol.

We mustn’t forget that I am not the first or the last who will go this way. In this sense, my case is functioning like an antenna that’s calling attention.

And many good things have come from this situation, not only in the case of Eric Volz, but in the theme of justice in general.

Final words

I would like to ask the Nicaraguan people to consider this story for a moment, and listen to my version, because I have never told it.

I love Nicaragua very much, I don’t resent the Nicaraguan people, the media have taken things out of context.

I have the right to carry the Latin American flag. My ancestors are Latin Americans. Certainly I am gringo, but I have Latin American blood and in that sense I want the people to listen with their hearts and consider the version of the story I’m telling. I am innocent, and I continue with faith in the judicial process and in Nicaraguan justice.

Part one of Alba's story can be found here.

Nifonged in Nicaragua: D'Souza Podcast

2007-05-15T10:07:00.000-04:00

Podcast: Tony D'Souza of Outside discusses his feature story on Eric Volz.

A preview of D'Souza's story can be read by clicking here

Nifonged in Nicaragua: Local Press Begins to Support Volz

2007-05-14T11:01:00.000-04:00

Xavier Reyes Alba, director of Trinchera de la Noticia , recently conducted an interview with Eric Volz at El Modelo prison. Alba's exclusive interview with Volz was published in two parts, both running on the front page of Trinchera de la Noticia , starting on May 10. With this interview, Trinchera de la Noticia, becomes the second Managua daily newspaper - La Prensa recently published an interview with Volz as well - to offer its readers an opportunity to learn Volz story directly from the falsely convicted American. In addition to the interview with Volz, the online edition of Trinchera de la Noticia now offers a direct link to the Friends of Eric Volz website on its homepage. In contrast to the biased and inflammatory coverage that contributed to the public condemnation, and eventual false conviction, of Volz, these interviews and the promotion of Volz's cause by the local media clearly signals a positive shift in local coverage.

Part one of Alba's interview as translated by Google language tools:

“I request listen to my history”
Eric Stanley Volz, the young American condemned to 30 years by a murder that alleges did not commit, decided to count their history to Trench of the News. He said that he breaks silence because “I mean to him to the Nicaraguan town that reconsiders this history for a moment and listens to my version, because never there am it counted”.

It dressed a black t-shirt, Puma, to which it took the sleeves by the intense heat that in their cell must feel much more ardent, short of he himself color and equally black shoes tennis. In that image it slightly emphasized his red face by the sun and the high temperatures, the white cords of his shoes and the “spouses” with which they took to the office where the interview passed and that they cleared to him before beginning the talk.

“I love much Nicaragua, I am not suffered with the Nicaraguan town, but the means have removed the things from context”, said as a advanced to our interview.

A civil employee of the Penitentiary System, standing up next to the door, observed kind, as he establishes the internal procedure. Before the interview it was necessary to fulfill a last requirement. Alcaide of the jail asked to him if it voluntarily accepted to give the interview. Volz said that if and next signed of its fist and letter the respective authorization.

Thus ours prolonged conversation began.

Its innocence

Volz said at any moment that he is innocent. “I feel bad because I am in favor imprisoned of a crime that I did not commit, of no way. I am condemned 30 years unjustly”, adding that “one suffers in the jail of moral and physical way, my family and my friends are suffering”.

He adds that he trusts the Court of Appeals that has the case in its hands. “I have confidence in the justice of Nicaragua” because “I believe that the Court she is in a context very different from the one from the court of Rivas” that condemned it to 30 years by the murder of Doris Jiménez, happened Tuesday 21 of November of 2006, between 11:45 a.m. and 1:00 p.m. in the town of San Juan of the South.

Its body was found about 2:00 p.m. inside the store Sun Fashions, that both, Eric and she, raised to sell clothes for the tourists.

Doris was tied, strangled and asphyxiated.

Nowadays he is admitted that the judge who dictated the sentence of first instance was put under different pressures, specially of some means of information and the family who organized protests in the outskirts of the judicial enclosure.

“I only request an appeal become attached to the law, that focuses not in rumors, not in opinions, but that in the tests that exist and those that does not exist. I deserve a process become attached to right”, says Volz.

The young North American thinks that “judge Ivette Toruño was in a very delicate situation, very difficult, in whom she had to look for her exit. There was much pressure”.

A brief summary
The defense of Eric Volz presented/displayed ten witnesses who said to have been with him or who saw it in Managua in the four key hours that the murder happened. Managua is to two hours of the place of the facts.

“We very hard had a defense, in which all the facts very were connected, in such a way that if eliminated a witness had to eliminate them all”, affirms.

The lawyers of the American said to the judge who no laboratory test, recovered in the scene of the crime, tied to Eric with the facts.

According to the declarations of their witnesses, Eric arrived at the area of the office - because she lived in the same house about 9:15 a.m. The master of keys, the guard of security and, at least, five employees of the magazine EP, that he directed, said it to have seen.

To 10:30 a.m. Eric she declared to have received two women who were interested in EP Magazine with those who she was until 11:00 a.m. At noon, met with the journalist and foreign correspondent Ricardo Castillo to speak of how to collaborate with the magazine.

Both, Volz and Castillo maintained a telephone conference with Nick Purdy, who was in Atlanta, Georgia.

According to the story made by Volz the conference it finalized to 1:14 p.m.

To Eric and Castillo Adam added itself Walls, worker of the magazine, with that they ate for lunch fish to curry with vegetables prepared by Martha, the EP manager.

Castle left the office about 2:00 p.m.

The bad news

As of this moment, the hours and the movements of Volz are key to understand the happened thing since in the judgment it was accused by a witness to have been, to those same hours, in San Juan of the South violating and assassinating Doris, along with the fiancè of her Armando Llanes, a young nica-North American of a well-known family of Rivas.

Also it was said, in the process, that committed the crime and returned to Managua and soon it returned to San Juan of the South. The office of the public prosecutor had an only witness to locate it in the scene and at the time of the crime, a personage who had been indicated like suspect until he negotiated the condition of witness.

The calls done from the cellular one of the young person also are important, but the judicial one discarded the declaration of the witnesses of the Erics who were with him in Managua and discredited the certainty of a company of cellular telephony that detailed the communications maintained by the processing.

Eric says to have received the news of the murder, of a friend of Doris who called it to his cellular one about 2:43 p.m. Also related that that hour, another witness of Rossy name saw it in his office of Managua.

Another controversial aspect is related to the rent of a car to Hertz Rent to Car to travel to San Juan of the South, about 3:00 p.m. Volz maintains that it signed the receipt of the contract of the car about 3:11 p.m.

“The judge did not consider the calls telephone. She said that another person could make the calls. Also she hurled the witness of the Office of the public prosecutor, Gaby Sobalvarro, who declared in the judgment that had called to my number, my cellular one, the 2:43 of that day”.

She indicated that “we presented/displayed other witnesses who said that they were with me in the office. There are others did not see me but that they spoke with me by telephone, from the nine in the morning until I received the call of Gaby”.

Not yet he explains himself because the judge said that he had “time to assassinate Doris and to return to Managua, did not take into account that I was using the telephone all the day. Not only the call of Gaby verifies that I was in Managua but that are many more”.

Facts without answers
“The 21 of February of the 2007, when the Court had to present/display all the base for his decision and sentences, Judge did not appear. However, the Judge caused that a secretary read his decision before the presents in the Court. Although we hoped to count on the complete transcriptions of the judgment and the sentence in days, this is what we know:
“The Court disqualified and rejected testimony of Ricardo Castillo, journalist recognized internationally. The verdict also implies that it rejected the sworn testimony of Nick Purdy, Rossy Argüello and Eric. Also it was refused to give credit to the testimony of the medical experts whom they testified that no of the tests of the scene could tie with Eric; specifically, the tests that the blood samples, flowed and gathered hair did not have relation with Eric. It was refused to accept no of the tests of the telephone registries that they showed that Eric was in a call in conference in Managua with a commercial partner in Atlanta. It discredited and it ignored the registries of base station and notes of the instantaneous messages provided by Mr. Purdy.

“However, the judge leaned in the testimony of confeso drug addict Lopez-Danglas, who had been accused of the murder and had been released after to have obtained total immunity in exchange for their testimony against Eric. The judge apparently also leaned in a photography of Eric, who according to her sample that had a scratch behind the shoulder. One leaned even though in this that the physical tests showed that the victim did not have blood under the nails of her hands, and therefore, she did not scratch the attacker, and in view of the testimony of Eric who said that she scratched herself there after taking féretro of Doris, during the funeral.

“In spite of the lack of tests that credit the accusation; even though that were ten people who saw Eric in Managua when they killed Doris; even though that Lopez-Danglas is a well-known drug addict (in fact, confeso); even though which Lopez-Danglas testified in exchange for total immunity, after to be accused of the murder; and even though that the medical experts found that Lopez-Danglas had scratches in all the body and the penis, the judge declared guilty Eric and she sentenced it to 30 years”.

Fragment of the testimony published in the page Web Friends of Eric Volz.

Tomorrow: A high official of the Police interested in that he confessed. The hand pachona that manipulated the correspondent of a newspaper. What made change to the mother of Doris Jiménez?

The Chain of Love

2007-05-13T13:34:00.000-04:00

On Mother's Day Weekend, I'm thinking that Life's greatest gift must be to have a good Mom. Being born beautiful or "privileged" or talented is hardly equivalent to being born to someone to whom you matter more than life itself.

I had a Mother like that. She made me feel special when I wasn't, safe from half a continent away, secure in her never-ending support. Her confidence in me encouraged me not to fear criticism or failure, for I would never be without at least one "fan." At age five, I spent an afternoon preparing a surprise for her. Her bridge club was coming to our home that night, so, helpful child that I was, I colored on all her best napkins... flowers and hearts, heavy crayon all over the linen. I presented them proudly, at the last minute, as she began to set her table. She never lost her smile, as together we set them at each place. When her friends arrived, she "showed off" my handiwork, and I went off to bed so pleased to have enhanced her table decor. I'm sure none of her friends left with crayola smears, but I never knew a switch took place. Years later, as a Mother and an often harried "hostess" myself, I admired beyond words her compassion and her composure.

Mother had two great remedies for whatever Life threw at you: a pot of tea and Vicks VapoRub. Crying in my pillow late at night over some lost love, she'd make us tea (very strong tea...5 teabags brewed for 5 minutes) and assure me, "This will help you sleep."

It did. My mother's love was, in those days, more powerful than caffeine.

My Mother also believed in the medicinal properties of Vicks. My husband attributes my non-complaining attitude toward illness to this day... to my fear of being coated in Vicks as I was as a child. My Mother raised no hypochondriacs, that is certain.

First and foremost, I'm thinking of her today.

But we've "met" some other great Moms in this last year. Indeed, it was the one saving grace in this whole Nifong-Mangum Hoax ordeal, that these boys came from such strong and loving families. So I was not surprised really to read the news article this week that spoke of Mary Ellen Finnerty's compassion for Maggie Anthony, another Mother in distress, in sorrow.

I once read a definition of great sorrow that I've never forgotten. The pain, the author wrote, was like a color: indescribable, except, of course, to others who've had the similar misfortune to be consumed in that same hue. "Outsiders" can imagine. They can empathize. But without that special lens of similar suffering, they just cannot "see." They are color-blind to the tones and tints of that particular suffering... that can almost envelop the seer-initiate in its intensive wash.

So, we've seen in recent years, in our various towns and cities, unique and definitive support groups spring up..."color-coded" to specific sorrows. They enable us to share our stories with others that know, first hand, the shades and intensity of the "color" of our pain. Parents of Murdered Children, Gold Star Moms, and many others...all encourage us to open up and find comfort in bonding with others in similar situations. The Duke lacrosse team families found themselves in a unique position: they were, indeed, fortunate to have had the support of an already organized group of dedicated and loyal team families. Many of us marveled from afar at the bond between all of them and the continual effort to sustain and support each other. It was truly inspiring to watch. Honestly, I doubt they otherwise would have found the niche group they needed. Has the charter chapter of The Parents of the Prosecutorially Imperilled been formed yet?. The more I read, the more I believe the number of eligible members out there might be very significant.

So, as we approached Mother's Day weekend this year, it was again inspiring to read that Mary Ellen Finnerty, whose own son is now exonerated, whose circle of support is still fully intact, made the personal effort to reach out to another Mom, alone right now with the "color" of her pain,... Maggie Anthony. Ms. Anthony is the mother of Eric Volz, another young man whose life is imperilled by an abuse of power and legally authorized lies. His ordeal is taking place in Nicaragua, a country just as foreign, strange, and seemingly mob-ruled as Durham, North Carolina. We can only imagine how fear is amplified when reason and rule of law are abrogated, and your child is in the crosshairs of corrupt authority. We can only imagine...but we can't know.

But Mary Ellen Finnerty knows. And she's extended that gift of understanding to a stranger in great need.

Mary Ellen Finnerty knows the "color" of Maggie Anthony's pain. She saw that color daily for over thirteen months. She knows the frustration of seeing truth trumped by ambition, agenda, acquiescence, and all of the above. Friday's "report" from "Generals" Baker and Chalmers proves that the lack of respect for the rule of law is not limited to third world countries far away. The Banana Republic of Durham is a kingdom, apparently, unto itself, right here in North Carolina. Even the city's largest employer, Duke University, fumbles wordless in fear, afraid to confront the corruption. Indeed, the Brodhead administration is like some fat American oil company, comfortably situated in some corrupt little foreign dictatorship, willing to overlook any abuse in order to keep its place, and profit, and the goodwill of the "locals."

But on Mother's Day weekend, I'd rather not focus on folks like Brodhead and Burness and the 88, who, rather than speak truth to power, choose, instead, to sacrifice the powerless to their own expediency. Who, even today, are shamefully silent...preferring to uncomplainingly allow the Duke students in their care to continue to live surrounded by a corrupt police force operating under the aegis of a rogue prosecutor.

I might ask where's the "Listening Ad" that shows Brodhead, Burness, and the 88 were "listening" to the AG's report? Where's the ad objecting to the actual physical threats we heard against Reade Seligmann? Where's the ad objecting to hate groups creating an atmosphere where certain Duke students were forced by fear to flee their dorms and sleep in their cars? Do these students matter less to the sensitive, caring, 88 professors than others do? Or does the color of their skin and the content of their daddies' pockets exempt them from certain professorial compassion? It's not too late! Where's the ad showing you care about the 13 month ordeal of the lacrosse team?

I might ask where's the Brodhead response to the obvious corruption in surrounding Durham that affects the Duke campus this very day? Where's the call to have Nifong resign? Where's the demand to have the SBI investigate the framing of Duke students? Where's the outrage at the acknowledged targeting of Duke students by police? Where's the courage and concern for the students in your care? Where's the forceful presence of the largest employer in the area DEMANDING Durham remove its corrupt and possibly criminal agents...and reform those who are left?

I might ask, "Where's the outrage?"

I might ask, "Where's the leadership?"

I might ask, "Dickie, won't Wahneema let you?"

I might ask if the Mothers (and Fathers) of Duke students don't deserve much, much better for their children and their tuition money than what the Brodhead administration chooses to provide ?

I might ask all this, but it's Mothers Day and I'd rather think about the Moms.

One of our Moms, Mary Ellen Finnerty, provided us some much needed leadership and an excellent example this week. She "linked" us to Maggie Anthony and Eric Volz...another family in desperate need right now. She brought our attention to another case that could use the passion and skills Blog Hooligans brought to the Nifong-Mangum Hoax. Mary Ellen can offer Maggie the color-coded empathy only she can share, but Blog Hooligans can gift the Volz family with the raucous intensity and research that is their strong suit.

So on this Mothers Day, we can tell Maggie Anthony that she and her son are not alone. We're here. Mary Ellen Finnerty sent us.

The Finnerty-Anthony story also reminded me this week of that wonderful concept of "Pay it Forward"... wherein we keep the chain of human compassion and outreach ever extending, ever growing. A simple country tune called "Chain of Love" can compete with any of my poetic references in explaining it best:

You don't owe me a thing, I've been there too
Someone once helped me out,
Just the way I'm helping you
If you really want to pay me back,
Here's what you do
Don't let the chain of love end with you

Happy Mother's Day to all Moms everywhere, who daily, dutifully,and lovingly, set the example and extend "the chain."

Joan Foster

Nifonged in Nicaragua: "I think about her every day"

2007-05-10T06:48:00.000-04:00

A touching article by Peter St. Onge in today's Charlotte Observer details the recently forged bond between Mary Ellen Finnerty, the mother of Collin Finnerty, and Maggie Anthony, the mother of Eric Volz.

St. Onge writes:

One month before he was declared innocent in the Duke lacrosse rape case, Collin Finnerty came to the breakfast table of his family's Long Island home. "You have to read this," he said to his mother, Mary Ellen.

He pointed her to the family computer, where she found stories about Eric Volz, a 27-year-old American imprisoned for murder in Nicaragua.

She read about the shaky case against Volz, about prosecutors ignoring evidence that cast doubt on his guilt.

She thought instantly about the young man's mother.

The fear. The powerlessness.

She wanted to reach out.

"I knew," she says.

Like Mary Ellen Finnerty, Maggie Anthony is a decorator. The start of 2007 brought promise of exciting projects, but Anthony could focus only on her son's February trial 1,600 miles away. Eric, worried about local anger toward him, urged his mother to stay in Nashville, Tenn.

...

Maggie Anthony went to work. She teamed with her husband and Volz's father to raise defense money and contact media, senators and the State Department. She visited Eric in prison frequently, providing updates on the case and bringing him stacks of supportive e-mail.

On one visit, Eric handed an e-mail back to her. It was from Mary Ellen Finnerty.

`Instantaneous connection'

On April 11, N.C. Attorney General Roy Cooper dismissed rape charges against the three Duke lacrosse defendants. Mary Ellen Finnerty was in North Carolina for the announcement, and her Blackberry soon filled with congratulatory messages.

During a free moment, she scrolled through the well-wishes and stopped, surprised, on one e-mail. Maggie Anthony, unaware of the good news, was writing to thank her for e-mailing Eric.

The two spoke by phone when Finnerty returned to Long Island. They talked about their sons' cases, and about their lives, their fears. Sometimes, there was simply silence.

"There was this instantaneous connection of the heart," says Anthony.

Says Finnerty: "She's a woman of incredible strength."

There is, each says, much that is different in their sons' experiences, but much to share. Each talks about trying to stay strong for their families, and about the importance of showing the world the sons they know. Collin is shy and quiet, says his mother, not the egotistical athlete some painted him to be. Eric, says his mother, is thoughtful and socially conscious, an advocate for women's rights.

Each also talks about tunneling their worries into work for their sons -- but knowing, ultimately, the limits of that work. "It so frightening because you have lost control," says Finnerty. "That's what's so scary."

After that first conversation, Finnerty contacted journalists she met from her son's case to tell them about Eric Volz. "It was frustrating that Eric's case wasn't getting the same press," she says. Perhaps in part from that assistance, the story has gained national attention, led by frequent updates on CNN.

A three-judge panel will hear Volz's appeal at an undetermined date. The U.S. Embassy in Nicaragua is monitoring the case, says consul general Marc Meznar. "We are afraid the judge's decision was influenced by sentiment on the street," he says.

Says Anthony: "We're just waiting."

Says Finnerty: "I think about her every day."

This week, sometime before Mother's Day, the mother from Long Island will call the mother from Tennessee. There will be no updates needed -- Mary Ellen Finnerty checks Eric Volz's Web site regularly -- so the conversation probably won't be long.

It won't have to be.

"You just know that she knows," says Anthony. "She understands."

If time allows, please read the balance of the story here.

Nifonged in Nicaragua - Eric Volz Update

2007-05-08T10:05:00.000-04:00

In advance of an expected posting at the Friends of Eric Volz website, Blogger Will Hinton has an update on the appeal of Eric Volz's wrongful conviction in Nicaragua.

Eric Update – May 7, 2007
Day #167

In the flurry of the recent media storm about Eric's situation, it might be easy to assume that there is been enough coverage about his case to fill the insatiable hunger for information. That, though, is not the case, so, we are hopeful that the following will fill in some of the empty spaces.

In mid-April, the Expediente (case file) was transferred from the sentencing judge in Rivas to the Appellate Court in Granada, Nicaragua where it is to be reviewed by 3 Appellate Magistrates. It was our understanding that at the point the Expediente was transferred, a time frame of 6 days would begin in which the file would be reviewed and the hearing held. We now understand that the file must be, in essence, "registered" with the Magistrates, at which time they will begin their review. This has not yet taken place. The Expediente is now essentially in a legal limbo until the Magistrates accept the file for review. Obviously, we are hopeful that this will take place very soon -- waiting for this is very difficult and frustrating!

The Appellate hearing is different from the original trial in the way the proceedings are conducted. The hearing is based on oral arguments by the prosecution and defense. No new evidence may be submitted; only corroborating evidence from the original trial. The Magistrates rule on procedural and technical aspects of the case, as well as the factual evidence. With the strength of the evidence in Eric's defense so overwhelmingly favorable regarding proof of innocence, we are anxious for this court to begin its review. We are much more hopeful that the integrity of this court will not be influenced by the media or public pressure and sentiment, as was the trial judge.

In recent weeks the Nicaraguan newspaper, La Prensa, has printed a number of articles focusing on a factual overview of the original investigation, the trial, and the other defendant (Julio Martin Chamorro). The articles have shed light on the discrepancies in the investigation and forensic evidence, or, the lack thereof. This is the first time, since November, that a major Nicaraguan paper has printed anything of substance, relying solely on the indisputable facts of the case. The articles have provided an opportunity for many in Nicaragua to express their doubt about the investigation, the judicial proceedings and, ultimately, the decision of the court.

Many have asked if Eric is still receiving the letters – yes, he is! About every two weeks, on visit days, he is given a new stack to read. Time essentially stopped for Eric on November 23. In a recent phone call, he said that he feels like he is on something akin to being imprisoned on a slave ship in the 1800's due to the conditions and lack of technology. When he receives emails about what is going on in the outside world, he has trouble making the connection that it is in current time. The letters are far more than a record of what is happening for him, they are truly his life line; what is keeping him both sane and hopeful. Please continue to write him regularly!
Please know that there are no words to truly express our gratitude for the compassion and support that continues to be lavished on both Eric and our family. The support for Eric as expressed in letters to him and to us has, and continues to, sustained us. Thank You!!!

Click here to visit Hinton's for the balance of the Eric Volz update.

Nifonged in Nicaragua: Podcast by Phil Keaggy

2007-05-07T00:34:00.000-04:00

Click here to listen to podcast created by Phil Keaggy and dedicated to telling Eric Volz's story.

Nifonged in Nicaragua: Two New Volz Articles

2007-05-07T00:09:00.000-04:00

The Washington Post and WORLD Magazine have published lengthy articles today on the Nicaraguan nifonging of Eric Volz. Both pieces offer comprehensive details of the case.

An American's Kafkaesque Encounter With Nicaragua's Justice System

He was 27, living in an exotic country and dreaming of a bright future. Now, Eric Volz, a brash and ambitious magazine editor from San Diego, is serving a 30-year prison term for a heinous crime he says he didn't commit: the rape and murder of his ex-girlfriend.

To the natives of this picturesque Pacific Coast village, a budding magnet for tourists and retirees from the United States, there is no doubt that Volz is guilty. He became so jealous of Doris Jiminez, they say, that he and at least one other man hogtied her in the tiny fashion store she ran, then raped and suffocated her, ramming paper and cloth down her throat.
"There was proof," said Xiomara Gutierrez, among the residents certain of Volz's guilt. "And he's in jail, isn't he?"

But court documents, along with interviews with witnesses and lawyers, suggest the verdict was heavily influenced by small-town passions and a desire for swift justice. Facing a relentless media campaign and protests against him organized by the victim's mother, Volz found himself in a Kafkaesque nightmare, his family and other supporters say. An alibi that might have led an American jury to acquit was cast aside.

The judge, meanwhile, appeared convinced by assertions from the victim's relatives that Volz had dangerous obsessions.

"Why were the family and friends testifying that I was a jealous guy?" Volz said in a telephone interview from La Modelo prison outside Managua, the capital. "It was convenient for them. They wanted me to be convicted, but it's not true."

Volz's conviction in February, in the town of Rivas, points to the weaknesses of a highly politicized judicial system, according to legal experts. Eduardo Bertoni, executive director of the Washington-based Due Process of Law Foundation, a policy group that works to improve justice systems in Latin America, said that the lack of judicial independence in Nicaragua "ends up affecting everything."

"When the judges are not professional, and political considerations lead to their appointments, well, you can await whatever decision," he said.

On the surface, Volz had seemed to have everything on his side. He had an experienced defense attorney, Ramon Rojas, who had successfully represented the current president, Daniel Ortega, in a criminal case in 1998. He had an alibi, with 10 witnesses telling police they were with him at the time the crime occurred. And he had phone and instant-messaging records that put him at his Managua home, a 2 1/2 -hour drive from the scene of the crime, when Jim?nez was killed.

But Volz found himself in an increasingly volatile climate that spun out of his control, in part because of his own impetuous behavior after the killing. Jim?nez's relatives and authorities said they saw his offer to pay for an autopsy and his bickering with police as signs of culpability.

The victim's mother, Mercedes Alvarado, railed against Volz, and a Managua newspaper, El Nuevo Diario, mounted an impassioned campaign against him. At one point, dozens of protesters tried to lynch him as he was being transferred from the courthouse.

In the end, Volz was found guilty after a three-day trial, along with a San Juan del Sur surfer, Julio Martin Chamorro, with whom Volz said he had only a passing acquaintance.

Click here to read the balance of Juan Forero's Washington Post article.

Final verdict

Nicaragua: American Eric Volz awaits an end to his case that U.S. friends—and U.S. officials—have so far been powerless to sway

Maggie Anthony is hoping for a Mother's Day victory party, but she doesn't expect one.

It was 3:56 p.m. in Nashville on Feb. 16—minutes after a verdict was read—when Maggie Anthony got a call that was supposed to end the nightmare she'd lived for 84 days. On the other end was Miami-based attorney Jacqueline Becerra, whose call was supposed to affirm that justice had prevailed in a Nicaragua courtroom. Maggie had been preparing a homecoming for her son, Eric Volz, imprisoned in Nicaragua for a crime he says he didn't commit.

But Becerra's call brought the one piece of news it wasn't supposed to: "It's a guilty verdict." Volz, 27, an American resident of Nicaragua who ran a bilingual magazine called El Puente—"The Bridge"—was first convicted on Thanksgiving Day of raping and murdering his ex-girlfriend, Doris Ivania Jiménez, 25. He would soon be sent to La Modelo, a max-security prison outside the capital city of Managua, to begin serving a sentence of 30 years.

Maggie Anthony and her husband Dane, Volz's stepfather, took up temporary residence in a Managua hotel to tangle with Volz-fixated media that had formed a verbal lynch mob. Dane quit his job as an associate dean at Belmont University, and Maggie expressed her outrage about a verdict that she says resulted from emotions, anger, fear of the mobs, a vicious media agenda, and a few firebrand gringo haters.

The evidence should have made the Volz trial a defense lawyer's dream. Ten witnesses submitted sworn statements that Volz was in Managua when the murder occurred in the beach community of San Juan del Sur, 90 miles away on a narrow, undulating road complete with dangerous potholes and locals who push carts right down the middle. The trip normally takes three hours.

Phone records corroborate Volz's claim that he learned of Jiménez's murder when a friend called at 2:43 p.m. A Hertz rental car printout that reads 3:11 p.m. corroborates his story that he drove to San Juan del Sur only after he heard of the murder. None of the 103 hair, blood, and fluid samples found at the scene of the crime match Volz's.

The prosecution trumped all of that evidence with its only eyewitness, Nelson López Danglas, who began the case as a co-defendant but was released, despite having scratches on his back and penis, in return for his testimony against Volz. He said Volz was inside Jiménez's store at 1 p.m., which fits her time of death between 11:45 a.m. and 1 p.m. If true, his testimony gives Volz less than two hours to return to Managua before the call at 2:43 p.m. (The caller testified that she spoke to him, and phone records verify that it took place in Managua.)

Judge Ivette Toruño's guilty verdict—which came without a jury trial at Volz's request—relied heavily on two parallel scratch marks on Volz's right shoulder. Volz was arrested the day of Jiménez's funeral, after serving as a pallbearer. He said he got the marks from bearing the brunt of her coffin's weight at an angle, since he was slightly taller than the others. Toruño disagreed: "Carrying a coffin is never, ever going to leave those scratches on anyone." Video footage from the funeral shows Volz indeed bearing the brunt—on his right shoulder.

Ricardo Castillo, a prominent Nicaraguan journalist who testified he was meeting with Volz in Managua when the murder occurred, says that Nicaraguans labeled Volz (falsely, he says) as the rich, unlawful, irresponsible gringo living it up in Nicaragua who, guilty or not, got what he had coming. The trial was in a tiny courtroom as crowds of 300 waited outside (sometimes with machetes and clubs). During the first hearing, an angry mob chased Volz and a U.S. Embassy worker into a nearby building that the two barricaded to taunts of "Come out, gringo, because we are going to kill you!"

"You can see what enormous pressure the judge was under," Dane says. "It doesn't excuse it, but she has to live with these people."

Mercedes Alvarado, mother of the slain woman, expresses a different view of the trial results. She sees Volz's attorney, Ramón Rojas, as the lawyer who orchestrated Nicaraguan president Daniel Ortega's acquittal in a 2001 sexual abuse case that his stepdaughter brought against him. (Lots of Nicaraguans resent the tactics that Rojas employed; many are sure bribery took place.) She thinks he used similar tactics in the Volz case: She argues that Rojas paid off witnesses and experts, like the forensic examiner who admitted the blood-sample error. She claims that the Volz defense tried to give her $1 million before the trial to drop the charges.

To this, the Volz camp wonders: From where and why? The family says money was always scarce, plus Alvarado wouldn't have had authority to drop criminal charges. Alvarado says that it might have been a ploy to see if her scruples had a buyout price. She didn't want money. "What I need is my daughter," she told El Nuevo Diario.

Volz's parents largely view that paper as the great antagonist. "Before the trial even began," Maggie says, "he was tried in the papers . . . with headlines like 'What crown does Volz wear?'" She says she contacted El Nuevo Diario directly to request an interview: The paper declined. The defense team offered up its trial arguments for publication: No again. The Volz family ultimately bought an ad in the paper and listed them.

Click here to read the balance of Clint Rainey's WORLD Magazine article.

Nifonged in Nicaragua - WKRN Video

2007-05-06T05:09:00.000-04:00

The latest from WKRN-Nashville (video)

Nifonged in Nicaragua: Eric Volz Phone Interview

2007-05-05T12:38:00.000-04:00

Anderson Cooper phone interview with Eric Volz, May 4, 2007

Anderson Cooper interviews Maggie Anthony, April 30, 2007

Actual Innocence awareness database

2007-05-04T06:48:00.000-04:00

The Tarton Law Library of the University of Texas School of Law has started an actual innocence awareness database consisting of a listing of US resources including popular print and television media, journal articles, books, legislation, and websites. The citations are categorized by cause of wrongful conviction: forensics/DNA; eyewitness identification; false confessions; jailhouse informants; police and/or prosecutorial misconduct; ineffective representation; and general. The RSS feed from the database has been added to the sidebar here and will offer continual links as the database is updated.

Nifonged in Nicaragua: Exclusive Eric Volz Photograph

2007-05-03T07:54:00.000-04:00

LieStoppers has obtained a digital image of a photograph taken by one of Eric Volz's attorneys the day after his arrest in Nicaragua for the rape and murder of his former girlfriend, Doris Ivanez Jimenez.

Eric Volz November 24, 2006
Photograph Taken by One of Volz's Attorneys

Curiously, the photograph taken by Eric Volz's attorney is quite different than the photograph recently published by Nicaraguan tabloid, El Nuevo Diario, as part of it's ongoing effort to support the wrongful conviction of Volz while justifying the propaganda campaign it has waged against Volz since his arrest in November.

Photograph Published By El Nuevo Diario on April 1, 2007
Purportedly Taken by Nicaraguan Police on November 23, 2006

The photograph taken by Volz's attorney also varies greatly from the image published in an anti-Volz video that appears on YouTube.

Screen Capture Taken From Anti-Volz Propaganda Video

Both El Nuevo Diario and NicaraguanFilms, the anonymous user who posted the anti-Volz video to YouTube, claim that the images they have published are photographs taken by Nicaraguan Police following Volz's arrest on November 23, 2006.

Nifonged in Nicaragua: Eric Volz Forum

2007-05-01T02:37:00.000-04:00

TheRealNicaragua.com

Department of Conviction Integrity

2007-04-29T18:10:00.000-04:00

Dallas County District Attorney Craig Watkins has won approval for funding of a team of special prosecutors to review more than 400 post-conviction cases to determine if DNA evidence could lead to additional exonerations. Since state law changed in 2001, there have been twelve DNA exonerations in Dallas County with a thirteenth expected shortly. Watkins, who became Dallas County's first black District Attorney in January, campaigned on a pledge to defeat “the system that has failed us.”

Dallas Morning News:

Dallas County District Attorney Craig Watkins scored a victory Tuesday in winning support from county commissioners to fund a new DNA review team – one of his biggest initiatives since taking office this year.
By a vote of 3-2, commissioners approved spending $358,876 to pay for a special prosecutor who would report to Mr. Watkins' first assistant and for a lower-level prosecutor, an investigator and a legal secretary.
The "department of conviction integrity" will look at more than 400 requests for post-conviction reviews of DNA evidence that could lead to more exonerations in Dallas County, which has the highest number of any U.S. county since 2001, with 12.
A 13th person, convicted of rape here in 1982, is expected to be exonerated soon.
Mr. Watkins has teamed up with the Innocence Project of Texas to review such cases.
"What we're doing in Dallas County is going to send a message to everybody," Mr. Watkins said after the vote. "It's a good day in Dallas County."
Commissioners granted their approval provided that the new positions would be part of a pilot program. They asked Mr. Watkins to report to them in a year to determine whether the positions need to be funded permanently.
"If it turns out there's not enough workload, I'll be the first one to pull the plug," Commissioner Maurine Dickey said.
County Judge Jim Foster said he wasn't able to sleep the night before because of the importance of Tuesday's vote.
"The decision we make today will affect many lives," he said.
Commissioners Kenneth Mayfield and Mike Cantrell voted against the measure, saying the district attorney didn't need the $150,000 supervisory prosecutor position.
Mr. Cantrell said Mr. Watkins has law students from the Innocence Project to help with DNA evidence review, as well as specialized defense attorneys appointed by judges.
"The DA's office shouldn't be placing themselves in the role of the defense attorney," Mr. Cantrell said.
He supported giving Mr. Watkins a lower-level attorney position and an investigator. That would have given the district attorney two investigators and six attorneys for the job, including the four appellate attorneys who have been handling such cases and their supervisor, he said.
Now, Mr. Watkins will have only two attorneys and one investigator working on the DNA cases, Mr. Cantrell said.
Mr. Watkins, however, said his appellate attorneys have plenty of other work to do, such as identity-theft and expunction petitions, public information requests, evidence destruction, obtaining out-of-state witness subpoenas, and extraditions to other states.
Mr. Watkins said his new special assistant will also oversee community courts that he wants to establish for low-level crimes, as well as other sections and responsibilities within his office. They include public integrity, mental health, computer crimes and appeals.
Mr. Cantrell and Mr. Mayfield wanted Mr. Watkins to pay for the special prosecutor position using the more than $2 million in discretionary money he has in his hot check fund and forfeiture accounts. But the district attorney's office said it's extremely difficult to pay for salaries with forfeiture money, which accounts for most of the discretionary money.
Since the state law allowing for DNA review was enacted in 2001, the district attorney's office has received 440 requests for post-conviction DNA testing.
The cases that the new team will begin looking at involve serious offenses such as capital murder and sexual assault. Many of the cases are at least 10 years old. For a case to be considered, evidence must exist, DNA test results must be able to show innocence, and the identity of the culprit must be at issue.
Mr. Watkins' new team will also analyze cases to look for patterns of bad convictions or prosecutorial misconduct. Of the 12 exonerations so far, no such patterns were found, the district attorney's office said.

Righting Wrongful Convictions: A Dialogue between an Exoneree and his Prosecutor

2007-04-27T11:37:00.000-04:00

Brandeis University's Elaine and Gerald Schuster Institute for Investigative Journalism, the nation’s first university based investigative reporting center, and the Institute's Justice Brandeis Innocence Project co-hosted a panel discussion this week entitled, “Righting Wrongful Convictions: A Dialogue between an Exoneree and his Prosecutor.” The forum, before an audience of approximately fifty people, featured a conversation between Dennis Maher, imprisoned for nineteen years following his wrongful conviction for two rapes and an attempted rape in 1984, and former Massachusetts prosecutor James Carney, who convicted Maher in two separate trials.

“I was a really angry person, but when I got out, I figured that if I carried that anger with me, I wouldn’t be able to live the life I wanted to live,” said Maher, the 127th person exonerated after his conviction for a crime he did not commit. Former army sergeant Maher was wrongfully convicted of two rapes and an attempted rape in Middlesex County in 1984 and spent some 19 years in prison for the crimes DNA proved he did not commit. Maher spoke to the Brandeis community as part of a panel including former Massachusetts prosecutor James Carney; defense attorney Robert N. Feldman of the New England Innocence Project; defense attorney John Swomley and his client, future exoneree Bernard “Bee” Baran.

...
James Carney, once the prosecutor who convicted Maher in two separate trials, also spoke. Carney has since become a defense attorney who frequently speaks for the wrongfully convicted. Describing Maher’s case, he said “I was presented with the cases of three women who were sexually assaulted; two grabbed in Lowell, with the same M.O. Each woman looked at a different photo array and all selected Dennis’s [Maher’s] photo from the separate photo array they looked at. Separately, I arranged for three lineups to occur. Each woman saw a different lineup on a different day and each woman identified Dennis. I had corroborative evidence."

Carney added that “his attorney barely asked any questions of the witnesses to defend Dennis. When Dennis was convicted, he received a sentence of ultimately life in prison. After the sentencing, I met with a former colleague and told him about this case and said that I have no specific basis to believe that I have the wrong guy, but if someone can take a look at this case and develop exculpatory evidence, I would take it to a new trial… He had the worst attorney I’ve ever seen."

“Many years later… I heard an effort was being made for Dennis to have his DNA compared to that of the rapist, and that my old office was frustrating that effort. I wrote a letter to the then-district attorney, stating all the things I knew about the cases and that I expected her to do the right thing," he said. "Two days later, they said that they withdrew all the cases. I went to the courthouse and sat I nthe back of the room… and I tried to be part of the wallpaper… when it was over, I asked the chief court officer if I could meet with Dennis briefly, and he was brought to me, and I asked Dennis for his forgiveness and he gave it to me.” The Hoot

Nifonged in Nicaragua: NPR on Volz

2007-04-27T04:41:00.000-04:00

NPR's "Day to Day" contributor Xeni Jardin briefly examines the clash between the Nicaraguan tabloids and the US old and new media Eric Volz story in her Xeni Tech column today.

"Nicaraguan tabloids printed inflammatory headlines about the case, and Volz's mother, Maggie Anthony, says the climate surrounding the legal proceedings became chaotic.

"After the hearing, Eric was chased by a mob chanting, 'Let the gringo out so we can kill him,'" says Anthony. "We believe that was a direct result of the frenzy that happened because of the press."

Anthony says they turned to close family friend Richard McKinney for help. McKinney had some experience with technology and media. At first, they thought it best to avoid more press attention.

"Our lawyers said the best course of action is to let the evidence speak for itself and not make the situation worse by introducing the media," says McKinney.

If that spun out of control, they reasoned, the story could turn into a Nicaragua-vs.-America firestorm. But when the court returned a guilty verdict, McKinney turned to his 24-year-old daughter Nicole, who works in an ad agency and knew a thing or two about creating "viral media" campaigns with YouTube, MySpace, and blogs.

"When I called her, I said, 'Darlin', we need to light a fire on the Internet,' and she said, 'Let me work on it,'" McKinney recalls.

A "Free Eric Volz" MySpace page materialized, letters written by Eric from jail appear like blog posts on a "Friends of Eric Volz" Web site.

Supporters produced a YouTube video called "An American Wrongfully Imprisoned In Nicaragua."

Soon, blogs picked up the story, and big media like CNN and NBC followed. Around the same time, congressmen and State Department officials took notice.

In Nicaragua, there is not a strong Internet culture yet — but locals expressed themselves online, too, in newspaper forums. And an anti-Eric Volz video popped up on YouTube, followed by counter-responses produced by still others who had learned about the case from the Internet.

Beyond the case itself, it seemed that traditional media in Nicaragua suddenly found itself at odds with a new, global, social media.

To read the balance of Jardin's column click here: Two Sides Take Up Murder Case Online.

Nifonged in Nicaragua: Volz Appeal Delayed

2007-04-26T06:00:00.000-04:00

Nicaraguan newspaper El Nuevo Diario is reporting today that the appeal of Eric Volz’s wrongful conviction for the rape and murder of Doris Jiménez has been delayed. Contrary to US reports of an anticipated resolution to the appeal by the end of the month, El Nuevo Diario reports that an appeal hearing may be several weeks away. Confirming that the 508 page case file has been transferred to the appeals court, the Nicaraguan newspaper explains that the file has not yet been reviewed by the three judges assigned to evaluate the appeal. According to El Nuevo, a preliminary review to determine whether the case is subject to appeal must be conducted before a hearing must be scheduled. This pending review, and a backlog of cases, appears to be the cause for the delay.

Last week, we cited a report in the Nashville Tennessean that indicated a decision on the appeal was anticipated before the end of April.

The Nashville Tennessean is reporting that a hearing on Eric Volz appeal of his false conviction for the rape and murder of former girlfriend Doris Ivania Jimenez is expected to take place by the end of the month. According to the article by Brad Schrade, papers initiating the appeal process were filed yesterday with the Nicaraguan Supreme Court. Within six days of filing, a hearing must be held with a decision mandated within five days of the hearing.

Brad Schrade, Tennessean:
Former Nashville resident and Hillwood High graduate Eric Volz, who is imprisoned in Nicaragua on a murder conviction, has filed an appeal with the country's supreme court and a decision could come by the end of the month, a family spokeswoman said.
Volz is convicted of murdering an ex-girlfriend last November, but his family and friends say the American has been railroaded in a gross miscarriage of justice. The murder of Doris Ivania Jimenez occurred in San Juan, but Volz was more than two hours away in the city of Managua at the time of the murder, said Melissa Campbell, a spokeswoman for Volz's family, who still live in Nashville.
The case has drawn national attention with reports in the Wall Street Journal, People magazine and on The Today Show. Campbell said Nicaragua's appeal process requires a case be heard within six days after the papers are filed, and a decision on the appeal must come within five days after the hearing. Papers were filed today, she said, which means Volz and his family are hopeful the high court will render a decision by the end of the month.

"He's hanging in there,” Campbell said of Volz, who is 27. "He's mentally strong and hopeful. He's incredibly encouraged by letters coming in from the Web site."

Volz was sentenced to 30 years in the Central American country's prison system following his February conviction. He had around 10 people offer sworn statements providing an alibi at the time of the murder, but the judge considered the lone testimony of an eyewitness who claimed they saw Volz near the girlfriend's clothing shop at the time of the murder.

Today, El Nuevo Diario clarifies the appeals process in an interview with Armando Mejía, secretary of the Nicaraguan Court of Appeals.

The appeal of the sentence of Eric Stanley Volz, condemned to 30 years [in prison] for the rape and murder of ex-fiancèe, Doris Ivania Jiménez, arrived last week to the Penal Room of the Court of Appeals of the South Circumscription in Granada.

Thus the secretary of this Room confirmed, Armando Mejía, who communicated as well that the file -- coming from the Room of Hearings of Rivas-- has not yet been studied by the magistrates of this court, [and this is the] reason why the case could taking several weeks before being considered.

...

Mejía explained that still the procedure must be confirmed done of the appeal, and if they are expressed and they answered the offenses by each one of the procedural parts, and to verify the tests non-admitted by the Judge of District that the sentence dictated, or to determine if it is necessary to remake tests.

“The court first studies if [the] requirements of appeal [are met]. If one appealed in time and if the sentence is appealable. If the appeal is transacted, a "auto de radicación" is [ordered] or the appeal by the circumstances is [denied if the requirements are not met],” explained Mejía.

Once the court has dictated the "auto de radicación," it summons itself to a hearing in a period of five days, and [afterwards] the court will have a term of [an]other five days to dictate its [judgment].

“But the court does not [have discretion of when to schedule] the hearing once the "auto de radicación" has been [ordered], there is a term to dictate to that [scheduling], a term established by the law, but also it is necessary to [understand] that the court --made up of three magistrates-- is studying a series of other files,” indicated the secretary.

The file of Volz --composed of two volumes that add 508 [pages] -- [first] it will have to be read and to be analyzed by each one of the magistrates of the court before emitting a [decision].

The Court of Appeals of this circumscription is [composed of] Francisco Roberto Rodríguez Baltodano, Alejandro Estrada Sequeira y Ángela Gross, president of the Room.

“The three must see and study the file first to emit a [decision on a hearing], [and then] returns to be analyzed by they themselves to see if it is ratified by the three, or if there are dissident votes”, concluded Mejía

The balance of the article in today's El Nuevo Diario, which includes a description of the anticipated defense arguments, can be read in Spanish by clicking here: Spanish; or in English as translated roughly by Google's language tools here: English.

Nifonged in Nicaragua: WKRN Interview with Maggie Anthony

2007-04-24T13:37:00.000-04:00

Video: WKRN Interview with Maggie Anthony

Nifonged in Nicaragua: Eric Volz Story on Anderson Cooper 360

2007-04-24T08:54:00.000-04:00

Partial transcript of CNN's ANDERSON COOPER 360 DEGREES, Aired April 23, 2007:

But, like buried -- being buried alive, that's what an American citizen says life is like inside a maximum security prison in Nicaragua. Now, he was convicted of a brutal crime that stunned the country. He says he is innocent and that he has the alibis to prove it.

Tonight, we want you to be the judge.

CNN's Rick Sanchez reports.

(BEGIN VIDEOTAPE)

RICK SANCHEZ, CNN CORRESPONDENT (voice-over): It was like a lynch mob. Angry Nicaraguans had been waiting for this moment. And 27-year-old Eric Volz was at the white-hot center. How he got here, to this awful place, is a story of: Whom do you believe?

Great waves attract surfers are to the sleepy seaside town of San Juan del Sur. And that's what originally drew Volz here two years ago. But he was also starting a magazine, "El Puente," "The Bridge," a serious cultural magazine intended to improve relations between Nicaraguans and Americans.

Then, last November, Doris Jimenez, just 25 years old, is found dead. The murderer apparently strangled her with his own hands in the clothing store she owned here.

By U.S. standards, the police response was casual. The murder draws bystanders, who actually crowd in to look. In just minutes, evidence is critically tainted. The murder of this beautiful young woman was a sensation. Police would quickly charge four men with the crime. One was American Eric Volz. He dated Jimenez. But they had broken up.

Thousands of miles away, in Tennessee, Eric's mother gets the news.

MAGGIE ANTHONY, MOTHER OF ERIC VOLZ: I got a phone call from a man that I had no idea who it was. So, I walked off to the side, and he told me that Eric had been arrested for Doris' murder.

SANCHEZ: For Volz's mother, it was the first step in what she considers the railroading of her son. His alibi rests entirely on this story, that he was two hours away from the victim at the time of the murder. And he provided testimony from witnesses who back him up.

(on camera) Keep in mind, the court record indicates that the murder took place Tuesday at 11:45 a.m., just 15 minutes before noon. Yet there are ten different people who have signed affidavits saying they saw Eric here between 9 a.m. and 2 p.m. in the afternoon right here in his office.

RICARDO CASTILLO, NICARAGUAN JOURNALIST: We were in the same house, room. We had lunch.

SANCHEZ (voice-over): The caretaker on the property says that he, too, saw Eric that morning, and afternoon.

(on camera) You can swear that he was here Tuesday at noon?

CARLOS PEREZ, CARETAKER: (speaking Spanish)

SANCHEZ: He was there in his office, you say. You saw him, he was wearing shorts.

PEREZ: (speaking Spanish)

SANCHEZ: He was wearing shorts at noon? (speaking Spanish)

PEREZ: (speaking Spanish)

SANCHEZ (voice-over): Ten witnesses for him, no authentic forensic evidence against him, and yet Volz had a sense of foreboding.

VOLZ: I'm worried that this is bigger than anybody really understands.

SANCHEZ: His premonition proved correct.

(on camera) With Eric Volz on trial, his life hanging in the balance there in that courtroom, the mob here on the street was getting even more tense. And the message that they seemed to be sending to the judge was clear. We want the gringo convicted.

(voice-over) Outside, the chanting, "Viva Nicaragua" and "death to the gringo."

Inside the courthouse, Volz's lawyers present witnesses to prove he was in his Managua office two hours away at the time of the murder, ten of them.

His defense also provides cell phone records, even this time stamped instant message conversation Eric says he had with a colleague in Atlanta. That's Volz' screen name, EPMagazineEric. She's swapping messages from about 9 a.m. to two in the afternoon, covering the time just before noon when Jimenez was killed. His lawyer is convinced the alibis will win Eric his freedom.

RAMON ROJAS, ERIC VOLZ'S ATTORNEY (through translator): The evidence presented before the district judge coincided in showing his lack of participation and his innocence.

SANCHEZ: Outside, the mob is growing more agitated. Police fire rubber bullets to hold them back.

Leading the mob, Jimenez's mother, Mercedes. Like prosecutors, she believes Eric Volz was obsessed with her daughter and jealous that she was dating others.

(on camera) Tell me what evidence you think there is.

MERCEDES ALVARADO, DORIS JIMENEZ'S MOTHER: (speaking Spanish)

SANCHEZ: So he had a big scratch on the back of his shoulder.

ALVARADO: Si.

SANCHEZ: Fingernails? (speaking Spanish)

ALVARADO: Si.

SANCHEZ (voice-over): Volz did have marks on his shoulder at the time of his arrest. This photograph was taken the day after Jimenez's funeral. Volz told police the marks came from carrying her coffin. And, in fact, they do correspond to the correct shoulder.

But the prosecutor tells me she's certain the marks could only have come from fingernails. She also tells me Eric had blood under his fingernails when they arrested him two days after the murder. But she admits they never proved it.

What about witnesses, I ask. Surely somebody in the busy town would have seen Eric if he was there.

(on camera) How's it possible that nobody saw him?

(voice-over) Her answer, no, nobody saw him. Nobody, that is, except this man. He is Nelson Dangla (ph), who testified he saw Eric after the time police believe Doris was murdered.

But he is also tainted. Why? Because he was originally also arrested for Jimenez's murder and, in exchange for testifying against the American, he receives full immunity.

And that is why Eric is so worried as he sits outside the courtroom, waiting for the verdict.

VOLZ: I've been sitting in this room for almost 45 minutes alone. It's a thin wall right here. And that's where the trial is. There's like four police outside my door with machine guns. I'm just about to walk in the courtroom.

SANCHEZ: No one in Eric's family is prepared for what comes next.

This is Volz's mother telling his father the outcome.

ANTHONY: It's a guilty verdict.

SANCHEZ: Eric was found guilty of murdering Doris Jimenez. He was also found guilty of raping her, even though police never concluded that she'd been raped.

He was sentenced to 30 years in prison and, if that seems strange after what you've heard, listen to this. Another man was also convicted of the same crime, by the same prosecutor, and the same judge, even though the prosecution never connected him with Eric Volz.

CNN arranged to interview Volz in prison. In fact we got a Nicaraguan court order allowing us access to him. When we arrived, we weren't allowed to see him.

(on camera) We have a signed document that was given to us by the presiding judge in this case, which is supposed to give us permission to go in and interview Eric Volz. But the director of the prison is telling us that he's not going to let us in.

(speaking Spanish)

We've been here now for the better part of five hours. And still they're saying the document's not good enough and that we're not going to be allowed to talk to Mr. Volz.

(voice-over) We don't know why. Perhaps Nicaraguan authorities decided they don't want this story told worldwide. We'll never know. And until his appeal, his parents can only see him in prison.

ANTHONY: Every meal, I think of him and what he's not eating. Every ice cube, every cold glass of anything, he doesn't have.

SANCHEZ: The U.S. embassy in Nicaragua is following the case. So for now, Eric Volz is in prison for 30 years and, despite a formal trial, no one seems certain justice was served.

Rick Sanchez, CNN, Managua, Nicaragua.

Nifonged in Nicaragua: Volz 'wrongly convicted' -- Doolittle

2007-04-23T12:45:00.000-04:00

From today's Tahoe Daily Tribune:

Rep. John Doolittle took a moment from discussing his own circumstances Friday to talk about a recent State Department briefing on former South Lake Tahoe resident Eric Volz.

On Feb. 21, Volz was sentenced to 30 years in jail for the daylight rape and murder of ex-girlfriend Doris Jimenez in San Juan del Sur, Nicaragua, on Nov. 21, 2006. "I think there are a number of facts indicating that he was wrongly convicted," said Doolittle, R-Roseville.

The Congressman expressed concerns over the validity of the trial and the daily dangers now facing Volz in the maximum-security prison where he is being held outside of Managua, Nicaragua's capital.

"I'm satisfied that there is a decent opportunity for justice to still be done here," said Doolittle. "It's remarkable how fast things happen there. This is to Eric's advantage."

Volz's case was forwarded to a Nicaraguan appellate court on April 17 and a verdict is expected sometime this week, according to an e-mail from Volz's business partner Shawn Harstad.

Nifonged in Nicaragua: Eric Volz on Dateline (video)

2007-04-23T06:44:00.000-04:00

Nifonged in Nicaragua: Eric Volz on Dateline (video & transcript)

Nifonged in Bastrop: Rodney Reed

2007-04-23T01:21:00.000-04:00

Click here to visit: Free Rodney Reed Website

Click here for: Additional Information on Rodney Reed

Click here for details: Campaign to End the Death Penalty's happy hour for Rodney Reed today, Monday, April 23, at 7:00pm at Double Dave's, on Duval near the intersection of Duval and San Jacinto on the north side of the UT campus.

JUSTICE FOR RODNEY REED PETITION

View Current Signatures - Sign the Petition

To: Court of Criminal Appeals
JUSTICE FOR RODNEY REED
Rodney Reed: Innocent on Death Row

In 1998, Rodney Reed was convicted and sentenced to death for the 1996 murder of 19-year-old Stacy Stites in Bastrop, Texas. His habeas corpus appeal has been denied. But there is troubling evidence that Reed is innocent of this crime. And there was a pattern of police and prosecutorial misconduct that puts his conviction in doubt:

* Although semen found in Stites� body matched Reed�s DNA, witnesses were available to testify that Reed, a black man, was having an affair with Stites, a white woman. The jury never heard them. There is no evidence that he killed her.

* The chain of evidence was broken for DNA evidence that could have bolstered Reed�s claim of innocence. Shipping labels that DPS says were used to ship evidence to California for DNA testing by defense experts do not match shipping company records. Stites� body was missing for two hours on the night of the murder, showing up at the medical examiner�s office with new bruising.

* DNA that incriminates other suspects never made it to the defense. DNA evidence on two beer cans found near Stites� body match the DNA of Giddings Police officer David Hall (who had been Fennell�s partner) and Bastrop Police officer Ed Samela. The defense thinks that the police officers might have been involved in the murder with Stites� fianc�, Jimmy Fennell, Jr., a former Giddings police officer.

* Investigators never searched the Giddings apartment shared by Fennell and Stites, and returned Fennell�s pickup truck (which Stites had been driving the day of the murder) to him before doing a complete forensic analysis.

* Reed had an incompetent defense lawyer who did not call witnesses who could testify as to his relationship with Stites or provide Reed with an alibi for the time of the murder.

Having Reviewed the facts of Rodney Reed's case, I believe him to be an innocent man wrongly imprisoned. I call on the Sate of Texas to Grant Rodney a new trial, where the evidence of his innocence can finally be heard
Sincerely,
The Undersigned

View Current Signatures

The Rodney Reed Petition to Court of Criminal Appeals was created by Campaign to End the Death Penalty 494-0667. and written by Jayson D, Thomas www.PetitionOnline.com as a public service.

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Nifonged in Nicaragua Video: March 29 Today Show Interview with Eric Volz

2007-04-22T03:10:00.000-04:00

Nifonged in Nicaragua Video: March 29 Today Show Interview with Eric Volz

Judge sends Volz case to Court of Appeals

2007-04-21T05:05:00.000-04:00

On April 13, an Associated Press report on Eric Volz's appeal appeared in La Prensa:

AP

The defense of American Eric Volz, sentenced in February to 30 years in prison for the murder of Nicaraguan young woman, Doris Ivania Jiménez, interposed an appeal resource today. The secretary of the Court of Penal District of Judgment of Rivas, Ruth Aracelys Ruiz, said that “the file on the Volz case was sent to the Court of Appeals of Granada…at the request of its defense counsel Ramon Rojas”.

On February 20, the Judge of the Penal District of Judgment of Rivas, Ivett Toruño, condemned Volz and Nicaraguan Julio Martin Chamorro for the rape and murder of Jiménez, which happened on November 21, 2006.

The murder of the young person, ex-fiancèe of Volz, happened in the town of San Juan of the South, located to 110 kilometers to the south of Managua. Volz is a real estate agent of 27 years, originally from Nashville, Tennessee. In Managua, he was dedicated to a publishing project of magazines of tourist promotion. Rojas, defense counsel of Volz, said to a local channel that he hopes that the court of appeals “revokes the failure of judge Toruño… the sentence was mistaken.”