Showing posts with label Nifonged in Nicaragua. Show all posts
Showing posts with label Nifonged in Nicaragua. Show all posts

Friday, July 6, 2007

Nifonged in Nicaragua: What You Can Do Now

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

Friday, June 29, 2007

Nifonged in Nicaragua: 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.
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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.

Saturday, June 23, 2007

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

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.

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 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
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.

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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.
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

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.

Friday, June 22, 2007

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

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.




Thursday, June 21, 2007

Nifonged in NIcaragua: Note From Father of Eric Volz

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

Monday, June 11, 2007

Nifonged in Nicaragua: Volz Appeal Update

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.
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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.

Friday, June 8, 2007

Nifonged in Nicaragua: New Eric Volz Letter Addresses Media Coverage

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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

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

Photograph of "Justice for Eric Volz" banner
from the front page of Managua daily Trinchera de la Noticia
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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:


Thursday, June 7, 2007

Nifonged in Nicaragua: Outside Magazine Article Available Online

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.
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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

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


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.

Saturday, June 2, 2007

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

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.

Thursday, May 31, 2007

Nifonged in Nicaragua: New Letter From Eric Volz

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.

Nifonged in Nicaragua: UCSD Article

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.

Sunday, May 27, 2007

Nifonged in Nicaragua: Appellate Court Leans Towards Annulling Volz Verdict

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.