Eric Volz

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Eric Volz

Eric Stanley Volz (born May 19, 1979 in Sacramento , California , USA ) is an American citizen who was sentenced to 30 years in prison in Nicaragua for the rape and murder of his former girlfriend Doris Ivania Alvarado Jiménez .

On December 17, 2007, the appeals court overturned the conviction and Eric Volz was released from prison on December 21, 2007. He left Nicaragua immediately for security reasons.

Friends and advocates in both countries defended Volz's innocence, claiming that the court ignored evidence in the first instance and that Eric Volz was the victim of the anti-gringo sentiment. The opponents in Nicaragua condemned his release. It was believed that pressure had been exerted by the United States government , and allegations were made that the Volz family had bribed the appellate judges.

Period of life 1979-2006

Eric Volz comes from a Mexican-American family. His mother, Maggie Anthony, an interior decorator, grew up in Nogales, Arizona . His Mexican grandfather was the catalyst for his immersion . From him Volz learned the Spanish culture, how to read the language, write it and speak it with an accent. He grew up in Sacramento until he was 13 . The family then moved to Nashville , Tennessee because his father, a musician, decided to pursue a musical career there. Volz has a younger sister and a stepsister from his mother's second marriage. Volz attended high school and he was interested in Latin America . On the side he pursued his hobby - photography . At the University of California in San Diego , Volz completed a degree in Latin American culture.

Eric Volz went to San Juan Del Sur, Nicaragua in 2005 and got a permanent residence visa. There he met the waitress Doris Ivania Jiménez. Volz its new bilingual publications lifestyle - magazine EP (short for El Puente ) to German bridge. In the summer of 2006, Volz separated from his girlfriend and moved to Managua , Nicaragua. There he devoted himself to his magazine EP and sold real estate.

Offense and arrest

San Juan del Sur is a small place on the Pacific coast that lives from fishing and tourism . On November 21, 2006, 25-year-old Doris Ivania Alvarado Jiménez was found murdered in her boutique shortly after 2 p.m. Witnesses last saw her alive outside her shop at 11:30 a.m.

Four suspects were quickly identified in the vicinity of the victim. Two were local surfers surfing in the same group. Chamorro was spotted with fresh scratch marks on his bare chest by a police officer near the crime scene and he appeared to be very nervous. Dangla was arrested shortly after Chamorro. The third man, Llanes, was a student at Ave Maria College of the Americas, near Managua. Llanes was never arrested. His friends testified that he had a relationship with the victim. Suspicions against him were dropped when he presented a certificate from his college office stating his whereabouts during the time of the crime. The fourth suspect was Eric Volz. Under pressure from the police, one of the suspects accused Volz of the crime.

When Volz heard of Jiménez's death, he immediately canceled a "Thanks Giving" business trip to the United States to attend the funeral of his ex-girlfriend as pallbearer. Eric Volz was arrested on November 23, 2006 after the funeral ceremony on suspicion of murder.

Process preparation

The local press immediately condemned Eric Volz as a murderer . Under Nicaraguan law, the defense can choose between judicial or jury proceedings. Given the prejudice in the press, the defense chose a judge. The start of the trial was dated January 26, 2007. In the meantime, Volz was placed in various prisons and penal institutions. According to his parents, Volz did not get enough to eat there. He spent a week in a medical department.

In a special session of the District Court in Rivas on January 16, 2007, the judge Dr. Edward Peter Palma Mora converted from pre- trial detention to house arrest until the main hearing. Judge Palma said that after examining the files, the case would be closed due to lack of evidence. The main trial was held on February 14, 2007, under the direction of the incumbent judge, Dr. Ivette Toruño Blanco, rescheduled. Until then, Volz was staying at a friend's house in an unknown location.

In early February 2007, Tony D'Souza, a journalist for Outside magazine, finally got access to the Doris Jiménez murder case after repeated inquiries. Judge Toruño allowed him to inspect the files for 40 minutes. The original rape charges against Volz and Llanes and charges of murder against Volz, Llanes, Chamorro and Dangla are dated December 6, 2006. But on December 7, 2006 an arrangement with Dangla took place. Now Eric Stanley Volz and Chamorro have been accused of being responsible for the killing of Doris Jiménez. The charges against Llanes and Dangla have been dropped. Dangla was now the prosecutor's witness . While studying the almost 400-page file, D'Souza was certain whoever the perpetrator was that Eric Volz was innocent.

Court proceedings 1st instance

The trial of Eric Volz and Chamorro began on February 14, 2007. Even in the run-up to the trial, the population, fueled by the local press, was convinced of Volz's guilt and expressed this through protest actions outside the courthouse. A police presence had to protect the courthouse from the angry Protestants.

The proceedings were attended by: The family members of Volz, his lawyers, friends of Volz, three observers from the US embassy, ​​as well as the local and international press. Prosecutor Isolda Ibarra Arguello represented the prosecution. According to Volz's lawyers, the Nicaraguan public prosecutor had no physical evidence of Eric Volz's guilt either before or during the trial. An initial forensic medical examination described scratches on the victim. A second examination by Dr. Oscar Bravo Flores, the official forensic examiner, found no scratch marks. The blood group of Volz was given in the files as "zero", although he has the blood group "A". The victim also had blood group "A", while Chamorro had blood group "Zero".

The Nicaraguan criminal law did not use the DNA test in 2007 , so that the corresponding traces were not evaluated. Furthermore, there were no fingerprint evidence against Volz. In the officially conducted physical tests on the suspect, it was found that both Chamorro and Dangla had deep "fingernail" scratches on their arms. Dangla was also scratched on seven different places on his body, including the tip of his penis. According to the investigation report, Eric Volz had a series of thin, straight lines on the unbroken skin on his right shoulder.

The cell phone records (instant messaging logs) confirmed that Volz could not have been in San Juan del Sur at the time of the crime, as all calls were made from Managua. This place is more than a two-hour drive from the crime scene. Volz also took part in a teleconference with business friends in Virginia , Atlanta and Georgia , which lasted until 1:15 p.m. Then there was lunch with business partners until 2:45 p.m. The arguments for Volz's innocence seemed clear and irrefutable.

Although ten witnesses confirmed Volz's alibi , the court under Judge Ivette Toruño Blanco only admitted the statements of a police officer, that of Chamorro and that of the victim's mother. A police officer testified that on the day of the crime, Chamorro offered an employee of the Doris Ivanias boutique $ 5,000 to allow undisturbed access to the boutique. Chamorro alleged that Volz and another foreigner whom he could not identify had committed the murder. In the testimony of Mercedes Alvarado, the victim's mother, Volz was described as a jealous man who was ready to kill her daughter out of jealousy.

The prosecution brought their witness into play. Dangla testified that he saw Volz at the scene of the crime. The public prosecutor also cited the scratch marks on Volz's shoulder. Volz claimed the traces came from carrying the coffin during the funeral. After three days of trial, Judge Ivette Toruño Blanco pronounced the verdict: Eric Volz and Chamorro were jailed for 30 years each for murder.

After the verdict was announced, hundreds of Nicaraguans cheered in front of the court. The victim's uncle raised his fingers to the sky and said, "This is justice for our little town, for Nicaragua, and for everyone in Central America!"

Preparation of the revision procedure

In the meantime, the first international TV crews had reported on the Eric Volz case directly from Nicaragua. Friends of Volz donated sums of money to finance the revision . Eric Volz's stepfather organized a benefit concert. Friends and strangers supported Volz in their letters. Volz's mother petitioned the Nicaraguan government for her son. At the same time, she informed the US government of the dangerous situation her son was in. She also received support from the White House. The lawyers prepared the revision requests. All the facts were brought together again. Volz also claims that the scratches on his shoulder came from carrying the coffin. The victim's mother showed a DVD of her daughter's funeral to Tony D'Souza, a journalist with Outside Magazine . The video clearly showed the sharp edge of the Jiménez coffin that Volz carried on his right shoulder. Eric's family published his location on a YouTube segment and a website to mobilize a broad public worldwide. They hoped this would put pressure on the Nicaragua authorities. Eric had been waiting for a review for months.

On December 17, 2007, Eric Volz was released after an appeals court overturned the first instance's conviction with a 2: 1 vote. His passport and $ 10,000 bail were returned to him. However, Volz was not immediately free. No judge could be found to sign the release papers. Local judge Ivette Toruño Blanco also delayed the signing. In view of the upcoming legal holidays (Christmas, New Year), time was of the essence because Volz was to be transferred from the hospital back to the prison.

On December 20, 2007, the Granada Court of Appeal signed the release papers for Eric Volz. The clearance came despite a decision by the prosecutor Isolda Ibarra Arguello, who already represented the prosecution in the main proceedings. Arguello wanted to submit the appeal to the Supreme Court and thus prevent Volz's departure from Nicaragua. On December 21, 2007, after over a year in prison, Eric Volz was a free man. He left Nicaragua immediately and returned to his family.

Further course

On November 17, 2008, Volz announced via a YouTube video that the Nicaraguan government was reopening its lawsuit after eleven months. Volz argued that another acquitted person should be brought to justice for the same case, violating Nicaragua's constitution. In his opinion, political motivation, especially anti-American sentiment, is responsible for this action.

On June 15, 2009, Eric Volz filed an emergency petition against the Republic of Nicaragua through the Inter-American Human Rights Commission in Washington, DC . In this petition, the Inter-American Commission asks for a resolution to end the illegal and improper efforts of the government of Nicaragua in the Volz case.

"I believe in justice and in the rule of law," said Eric Volz when submitting his petition . “I lost more than a year of my life for a crime that the Nicaragua government and the judiciary knew I did not commit. What happened to me shouldn't happen to anyone else. The courts exist to protect the innocent and that is the reason for my petition. "

Web links

  • Outside magazine feature story - June 2007 [16]
  • Friends of Eric Volz website [17]
  • Dateline NBC report on the case [18], accessed August 15, 2009
  • NPR: Family - April 29, 2007 [19]

Individual evidence

  1. bloggingsbyboz.com , accessed 11 August 2009
  2. John Lyons, “ Man Profiled in WSJ Is Freed In Nicaraguan Murder Case, ” December 17, 2007, Wall Street Journal, accessed August 14, 2009
  3. ^ CNN January 11, 2008 , accessed August 14, 2009
  4. Mike Celizic, “ Will Nicaragua ever set Eric Volz free? ( Memento from January 18, 2009 on WebCite ) “, MSNBC, archived from the original archive link ( Memento from the original from January 18, 2009 on WebCite ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. on August 15, 2009, accessed August 15, 2009 @1@ 2Template: Webachiv / IABot / today.msnbc.msn.com
  5. Eric Volz Story , page 3, accessed August 13, 2009
  6. ^ Hispanicnashville.com , accessed August 14, 2009
  7. ^ Hispanicnashville.com , accessed August 14, 2009
  8. NBC-NEWS of February 8, 2008 [1] accessed on August 13, 2009
  9. a b CNN of December 20, 2007 [2] accessed on August 16, 2009
  10. a b c Eric Volz Story, page 1 [3], accessed on August 13, 2009
  11. ^ NPR: Family - April 29, 2007 [4] accessed August 12, 2009
  12. Eric Volz Story, page 1 http://outside.away.com/outside/destinations/200706/eric-volz-nicaragua-1.html, accessed on August 13, 2009
  13. a b Eric Volz Story, page 4 [5], accessed on August 13, 2009
  14. a b c Eric Volz Story, page 6 [6], accessed on August 13, 2009
  15. Eric Volz Story, page 7 [7], accessed on August 13, 2009
  16. a b c The Washington Post, May 7, 2007 [8]. Retrieved August 17, 2009
  17. CNN of December 18, 2007 [9] accessed August 15, 2009
  18. "American guilty in Nicaragua" http://www.mysanantonio.com/news/MYSA021707_01A_Gringo_trial_127c7db_html19537.html ( Memento from January 18, 2009 on WebCite ) . San Antonio News Express of December 17, 2007, archived from the original archive link ( memento of the original from January 18, 2009 on WebCite ) Info: The archive link was automatically inserted and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. on August 18, 2009, accessed August 18, 2009 @1@ 2Template: Webachiv / IABot / www.mysanantonio.com
  19. Marc Lacey, January 6, 2008, “Killing in Nicaragua Makes Spectacle of the Courts,” [10] New York Times, accessed August 18, 2009
  20. a b c Eric Volz Story, page 8 [11], accessed on August 13, 2009
  21. “Mother of Eric Volz petitions for her son release” [12]  ( page no longer available , search in web archivesInfo: The link was automatically marked as defective. Please check the link according to the instructions and then remove this notice. Today , accessed August 13, 2009@1@ 2Template: Dead Link / test.redlasso.com  
  22. Dateline NBC report on the case [13] accessed on August 15, 2009
  23. Tim Rogers, "Gringo Justice in Nicaragua", December 18, 2007, https://content.time.com/time/world/article/0,8599,1696075,00.html ( Memento January 18, 2009 on WebCite ) , Time, archived from the original [14] on August 16, 2009, retrieved on August 16, 2009
  24. "Eric Volz to be re-tried in Nicaragua today at 9am CST" http://www.friendsofericvolz.com/ ( Memento from January 18, 2009 on WebCite ) FriendsofEricVolz.com, from November 17, 2008, archived from the original [ 15] on August 12, 2009, accessed August 12, 2009
  25. a b Archive link ( Memento of the original from June 26, 2009 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. dated June 15, 2009 (Washington, DC). Retrieved August 19, 2009  @1@ 2Template: Webachiv / IABot / www.friendsofericvolz.com