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HUMAN RIGHTS FOR EACH PERSON REGARDLESS OF AGE, RACE, RELIGION OR POLITICS
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ERIC VOLZ
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It has been reported that Eric Volz has now been released
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 On December 21, 2007 at 2:00pm Central, after being declared innocent, then illegally imprisoned for five days, Eric signed the official Letter of Release. Although Eric is out of Nicaragua, the injustice of Doris’ death and Eric’s legal persecution continues.
Experience and gathered intelligence establishes a trail of violence and threats against Eric, his Nicaraguan attorney, and others in Nicaragua associated with this case. Eric remains in a secure location because of the danger of the situation and continues to take every precaution necessary to keep all involved out of harm's way.
Over the past 13 months, out of concern for Eric’s safety in prison and a very delicate appeals process, the results of a parallel investigation have been protected. Those days are over and the truth must come to light. In addition, Eric’s case has become so sensationalized by the Nicaraguan media through the use of filtered facts and manipulated reports that his release has once again stirred mob mentality and controversy and has now become part of the political agenda.
Details of Eric’s Release:
In order to accurately understand the on-going nature of Eric’s case, it is imperative to know that he did not leave Nicaragua of his own volition. He was deported by order executed by the executive branch of the Nicaraguan government, not by order of the Appellate Court magistrates.
The deportation was orchestrated by a faction of the Sandinista Party in Nicaragua, now in control of the executive branch of the government, so that the case could be taken to the Supreme Court in absentia (in Eric’s absence).
As modeled after the US penal system, according to Nicaraguan criminal procedure established in 2001, it is illegal for a defendant to be tried in absentia.
Three senior Appellate Court magistrates spent 9 months thoroughly studying the case file. Two ruled for innocence and the third ruled that the police investigation and trial process were so corrupted that the case must be annulled from its inception. None of the Appellate Court magistrates upheld the original decision by Judge Ivette Toruno Blanco, who found Eric guilty of first degree murder and assessed the 30 year prison sentence.
Despite the Appellate Court’s ruling for innocence, and directive that Eric be released immediately, he was illegally held in prison for five days after their ruling; a direct violation of the Nicaraguan constitution and a grave violation of Human Rights and International Law. This has begun a dialogue and commentary provoking comments from Women’s right, Director of Human Rights, and President Daniel Ortega. The case has become imminently political and is being used as a platform for opposing political groups.
Subversion of Constitutional Law:
In an effort to discredit the Appellate Court ruling and to further distract the public from the facts of Doris’ unsolved murder, Sandinista Supreme Court Justices, Rafael Solis and Alba Luz Ramos have initiated a rogue investigation, without the approval of the President of the Supreme Court. This is another violation of Nicaraguan law. We would support a fully informed investigation which includes a comprehensive study of the case file, but the nature of this investigation is both subversive and illegal.
Sandinista officials have publicly demanded the arrest of the two Appellate Court magistrates who ruled for innocence. The Sandinistas are supporting the investigation in an effort to gain control of the Appeals Court in Granada by prosecuting and potentially imprisoning judges Estrada and Rodriguez, in order to gain control of the court and replacing them with Sandinista Magistrates.
A parallel investigation establishes that the main perpetrator of Doris’ murder is from a powerful and influential Nicaraguan family who continues to be protected by high-ranking government officials instrumental in manipulating the outcome and consequences of the case. High ranking police officials and the district attorney’s office collaborated to protect the perpetrator and use Eric as a scapegoat.
In a desperate attempt to satisfy public outcry and discredit the ruling in Eric’s favor, the same Supreme Court magistrates who are protecting one of the guilty murderers have initiated an investigation of the two Appellate Court magistrates who reversed Eric’s conviction. The hearing will be held January 8th or 9th to force a rapid conclusion to the investigation. This investigation is nothing more than a way to coerce judges and magistrates who want to be truly independent in their verdicts. These two Appellate Court magistrates have received death threats and Supreme Court Magistrate, Rafael Solis has threatened them with criminal sanctions and jail time.
We hope that the Supreme Court of Justice in charge of the investigation doesn’t forget to investigate Judge Ivette Toruno and the Appellate magistrate, Norman Miranda, who physically hid Eric’s case file to prevent him from being released from prison after being declared innocent by the Appellate Court on Monday, December 17. We will be closely monitoring the progress of this investigation.
On-going Strategy:
Eric’s legal team is studying every avenue available to redress the multiple injustices committed in the lower court, including pressing charges against those who contributed to Eric’s unjustified conviction.
Regular updates will be posted on:
Friendsofericvolz.com
Amigosdeeric.com
Leonel Teller, spokesman for the Liberal Party in Nicaragua stated, “The Liberal Party makes an urgent call to all Democratic political forces to sign an alliance agreement to unite and to take necessary measures because today it is Aleman, tomorrow Montealegre, day after tomorrow it can be any of you in the media or any leader. We are before the reestablishment of dictatorship.” They have arrested, convicted and taken 13 months from Eric Volz, of EP magazine.
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INMATE DETAILS & RELIVENT INFORMATION
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NAME:
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Eric Vols
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~ Official Site !
Eric Volz Blog Spot
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AGE:
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28 Years Old
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NATIONALITY:
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USA
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ARRESTED:
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Nicaragua
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SENTENCED:
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30 years
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CURRENT CASE STATUS:
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Erice is a U.S. Citizen and has just been sentenced to 30 years in a Nicaraguan prison for crimes he did not commit.
He was working as the publisher for El Puente Magazine in Nicaragua when he was accused, convicted, and sentenced for murder.
He is suffering a slow and debilitating existence under conditions beyond your comprehension. Fighting starvation and under the constant threat of violent attacks... his life is on the line everyday!
This is not a joke, this not a game, this is his struggle. The facts of his situation speak for themselves and can be found at the website indicated. If you think you can help him in anyway do not hesitate, we are begging you....his survival could depend on it.
WWW.FRIENDSOFERICVOLZ.COM
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PRISON:
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La Modelo prison outside Managua
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Latest Update of January 2008
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American freed in Nicaragua goes into hiding
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MANAGUA, Nicaragua (CNN) -- An American man held in a Nicaraguan jail was released Friday and left the country, four days after a court overturned his conviction on charges of murdering his former girlfriend.
Magazine publisher Eric Volz had been sentenced to 30 years.
But Eric Volz "will be in hiding, due to reports of threats against him," his family said in a statement.
"We have reason to believe he is being followed and are taking every precaution to assure his safety."
Volz's family also expressed both enormous relief and worry after his release.
"We are so thankful, so thankful for this gift," his mother said upon arriving in Atlanta, Georgia, from Nicaragua on Friday night. Video Watch Volz's mother describe her feelings »
But Volz is very sick, Maggie Anthony added.
"We're really concerned for his health. And mentally and physically, this past week has been ... just [an] incredible strain on him, on his mind and body," she said.
Volz has kidney stones, according to a family spokeswoman.
Click Here for full story
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American jailed in Nicaragua faces test of endurance
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By Juan Forero -
The Washington Post
Eric Volz is accused of raping and killing his former girlfriend.
SAN JUAN DEL SUR, Nicaragua — He was 27, living in an exotic country and dreaming of a bright future.
Now, Eric Volz, a brash and ambitious American magazine editor, 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 over Doris Jimenez, they say, that he and at least one other man hogtied her in the tiny
fashion store she ran, then raped and suffocated her.
But court documents, along with interviews with witnesses and lawyers, suggest Volz's conviction in February 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 disregarded.
"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."
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 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.
Everything on his side
On the surface, Volz seemed to have everything on his side. He had an experienced defense attorney, Ramon Rojas. 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 ½-hour drive from the scene of the crime, when Jimenez was killed.
But Jimenez'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, 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.
Upon hearing the news, readers of El Nuevo Diario celebrated.
"Kill that gringo," one reader wrote in a posting on the paper's Web site.
A fluent Spanish speaker, Volz had moved to this funky hamlet of seaside restaurants and Internet cafes in 2005. He surfed. He sold real estate for Century 21. And he dated Jimenez, a lithe, black-haired beauty who owned a small store called Sol Fashion.
Though the relationship ended amicably six months before Jimenez's death, Volz said the two remained close. He moved last year to Managua to start a magazine about ecology and sustainable development.
Then on Nov. 21, Jimenez was slain in her store, between 11 a.m. and noon. Volz said he was alerted by one of Jimenez's friends about 2:45 p.m. and that he then rented a car and drove to San Juan del Sur. Two days later, after serving as a pallbearer at Jimenez's funeral, he was arrested.
Later, Jimenez's relatives told police and reporters that they had never trusted Volz and that he had an obsession with her that hinted at darker motives.
"She told me one day she couldn't put up with him anymore," said her sister, Genoveva Arias, 31. "I said, 'Why don't you break up?' She said, 'I've tried. He doesn't listen.' "
"She loved me a lot"
The nature of the relationship he had with Jimenez became a major point of contention in court, where Volz's manner — considered by Nicaraguans to be brusque, even disrespectful — cost him points with Judge Ivette Toruno.
When he spoke to the court about Jimenez — against the judge's advice — he sounded casual and cold. "She loved me a lot," Volz told the judge. "She had fallen for me more than I had fallen for her."
The defense, meanwhile, failed to deflect prosecution evidence. The prosecution showed a photograph of scratch marks on Volz's back; Volz said they were caused by the weight of Jimenez's coffin. Toruno scoffed.
"Carrying a coffin would never — but never — leave those scratch marks on anyone," Toruno said in court.
The prosecution also showed that, once Volz became a suspect, an employee of his tried to urge a Hertz worker to sign an affidavit saying someone at the company had seen him when delivering the rental car to his house. But no one had. The defense later said Volz's employee had acted on her own. They said Volz was inside the house and signed the rental contract, but never saw a Hertz worker.
"They are doubts they gave us, doubts that, coupled with the evidence, gave us the certainty we took the right people to justice," said Isolda Ibarra, the prosecutor.
But Rojas, the defense attorney, said the judge overlooked stronger defense evidence.
The judge heard testimony from Ricardo Castillo, an established journalist in Managua, who said he was with Volz from about noon until 2 p.m. that day.
"Ricardo Castillo is not credible," she said.
Toruno permitted only two additional defense witnesses to testify. Others, including a gardener, a maid, employees of Volz's magazine and a couple of visitors, were not needed, she said, explaining that their testimony would be redundant.
Rojas introduced cellphone and time-stamped instant-messaging records that he said proved Volz could not have been even close to the crime scene at the time of Jimenez's killing. Toruno said someone else could have been using the cellphone.
There was no physical evidence tying Volz, or anyone else, to the scene of the crime.
"The fact that there is no hair, nor semen, nor saliva, nor fingerprints from Eric Volz or the other young man does not signify they weren't there," Ibarra said.
Volz is hoping that a three-judge tribunal in Granada will rule favorably on his appeal, a decision that could be made this month.
But for now, he spends his days in La Modelo, answering notes sent by friends, telling them he tries to remain upbeat.
"I am in prison, but the prison is not in me," he said. "I have learned that I can endure."
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FREEDOM IS A RIGHT OF ALL HUMAN BEINGS IN A WORLD WHERE LIFE IS VALUED AND PEACE MAY FINALLY BE A POSSABILITY
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Just in case you forgot - read the Universal declaration of Human Rights
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