Friday, March 30, 2007

Eric Volz

From the Miami Herald:
Eric Volz was born in Sacramento in 1979, the year that a rebellion in Nicaragua toppled a dictator and subsequently ignited the U.S.-financed contra war against the leftist Sandinistas.

Today, Volz is 27 and imprisoned in Nicaragua, condemned for the rape and slaying of a former girlfriend -- a crime that Volz's family and witnesses insist he couldn't possibly have committed.

For one thing, they say, eyewitnesses place the surfer and entrepreneur in Managua, two hours away from the small coastal town of San Juan del Sur, at the time of Doris Jiménez's death. For another, they add, no physical evidence links him to the crime.

Volz's conviction and 30-year sentence, they fear, has less to do with criminal justice than with perceptions about Americans that took hold in Nicaragua long before Volz was born and then escalated with the contra war.

I don't know anything about this case other than what I've read in the news, but it doesn't sound like the Nicaraguan authorities have any evidence other than one convicted drug trafficker's statement to back up their arrest.

I first heard about the case from Revaz. The family's website is here so you can read their side of the story.

UPDATE (23 April): Here's the Dateline story.

22 comments:

Noah said...

Boz,

I was happy to see when I opened up your blog today this post about Eric Volz. This case is a truly frightening one for Eric Volz and those of us close to him; and one that should be a reminder of how easily our liberty can be taken away from us.

I lived with Eric Volz in Nicaragua, worked with him on EP Magazine (www.elpuentemag.com), and was with him in Managua the whole day when Doris was killed in San Juan del Sur.

The events leading up to Eric's wrongful conviction seem as if they had come out of some Hollywood suspense film. Its sad to be reminded that anybody can be convicted of horrendus crimes when there is so much evidence of their innocence.

Our trust that the Nicaraguan legal system would eventually bring a fair ruling has been tested. Myself and 6 other witnesses that saw Eric in Managua on that day were barred from testifying at court by the Judge, and the testimony of the three witnesses who were alowed to take the stand were arbitrarialy thrown out of court (apparently because the judge decided to put more merit to the one testimony that put him at the scene of the crime given by a local drug addict who won immunity from being tried himself for the murder by testifying Eric was there).

We will continue to push forward for his release though. I look forward to sharing a warm meal with Eric soon enough.

To find out more you can visit his myspace page (www.myspace.com/freeericvolz) and watch the Youtube video (http://youtube.com/watch?v=8YChhOHrFA4)

Noah Goodman

Randy said...

This matter has also received coverage on the Today show,

Ted said...

I have been trying to read as much as about this case as possible both in english and spanish sources.. There is definitely some disparencies between both sides. What I am trying to find out is whether Eric was the jealous type, and was he jealous of any attention to Doris. There is also conflicting testimony by Eric and others about their relationship, he mentioned there were just friends, while her friends mentions he was very jealous and posessive.
If He paid the two men that allegedly helped murder Doris around 5,000 dollars, are there any records of his withdrawing that money, or the two men having large quantities of cash when they were arrested?

If I was on Eric's defense team, drop the 6 to 10 eyewitnesses story, get a timeline and stick to it, there is some conflicting testimony, like he was having lunch with a prominent reporter but also at the time having a nearly hour long phone conversation, well which is it? pick one, and I pretty much pick lunch and meeting with the reporter.

The scratches on his back may be plausible, but sound weird from a coffin, was he on the left front side of the coffin? are there photos?

The thing that bothers me about the evidence, if this is true, the mother had Doris embalmed? , if Eric should had hired a private investigator if they are allowed in Nicaragua. It seems that many ex pats in San Juan del Sur aren't surprise that Eric is involved, and that he was jealous of Doris.

The investigation was sloppy, they should have physical evidence of him link to the crime scene. They should have him physically down in San Juan del Sur. This crime needed some planning, so they needed Eric planning with the two men, or focus on something that trigger him to do a homicidal deed, like she finally ended their relationship and was seeing someone publicly.

I don't buy he was a mellow hippie, he was a realtor, seemed to be ambitious, trying to make a mark. I also don't think he would be so clumsy if he did this. I can see he could had been upset after the murders, but he seemed to be acting very controlling with the cops, when he needed to back off from reports that I read, he needed to let the mother take the lead in the inquiry. I can understand he was concern, but he seemed to be finding out what the cops already knew, rather than be in shock or wishing them luck.

See what happens during the appeal, but the defense needs to do a step by step timeline of every minute of Eric's movements in Managua, and a timeline of what he was doing before the murders. I want to see justice like everyone else, but I don't want the wools pulled over my eyes by either side of this.

I do think there are some mack truck size holes in this case, however I don't think Eric Volz is some innocent lamb in this ordeal. If he was the jealous type, he needs to be more upfront about this, because it doesn't matter if he was psycho about his relationship, as long he has an alibi, he should be let go...

boz said...

I'm not going to make a judgment on the case, but the facts do suggest that the Nicaraguan courts have not exactly given Eric a fair hearing. I like to presume innocence until proven guilty, and the Nicaraguan judicial system seems to have presumed his guilt and given the defense little chance to prove his innocence.

Noah said...

Tom:

Look and ye shall find. Eric Volz's family put a timeline of his day up on the website they made months ago. You can check it out at www.friendsofericvolz.com.

That Eric was on a conference call and had lunch with Ricardo Castillo is not a contradictory statement because they didn't happen at the same time. Ricardo Castillo and Eric Volz had a conference call with an associate, Nick Purdy who was in Atlanta, THEN they had lunch after the call.

There is nothing to show that Eric withdrew $5,000 (because he didnt').

The scratches on his shoulder are on his right side. He was carrying the coffin at the front of it and upon his right shoulder (there is video of this that they actually used in one of the NBC reports on this case, the family is currently working on getting their hands on the video).

Eric was not the jealous type. Doris and Eric had broken up when Eric moved to Managua. They did see eachother from time to time, and while Eric did care for Doris, his life in Managua was busy enough to where she didn't play an integral part (he didn't have much time for anything outside of work [and mainly work with EP Magazine]).

As we've seen from the beginning, having alibis hasn't really helped Eric (ie the court decides on a whim whether or not to believe those alibis).

What is at the bottom of this is that there IS NO CASE against Eric. There is no evidence, nothing to prove that he killed Doris or that he was at the scene of the crime. YOu can't convict someone without evidence (well we've seen that you can, but it is a human rights violation). You can't convict somone on a hunch that he might have done it, or because you weren't a fan of his disposition.

Innocent until proven guilty is an essential component of any modern day legal system. It is there to protect regular citizens from unjust imprisonment, and the second we start making excuses for its destruction we begin to take down the barriers that protect each and everyone of us.

ted said...

Noah et al.

First, Nicaragua, like most of Western Civilized Countries have a Civil Law, Justinian Law, Napoleonic Law, what ever you want to call it, legal system. (I know you know this, but stop with the due process, innocent until proven guilty stuff, he is not being tried in the US, and there are plenty of Gringos languishing in Latin American Prisons)

It is a different legal system. Which is why the Nicarguan Authorities rounded everyone up from Eric to Armando Llanes in the first couple days. They don't have innocent till proven guilty, but more like trying to find the truth in a different way to what exactly happened. (if you want to label that as "Guilty until proven innocent, fine) The Judge acts likes in some more as a investigator in this system, which is why she threw out Eric's evidence of eyewitness testimony of 8-10 people. Also Armanod Llanes was let go because it seems he had a stamped receipt in registering for college courses...

I am not writing that this is guilt for Eric, I am saying this is how the system works, right or wrong. Obviously dismissing Eric's eyewitnesses testimony outright, by the Judge is pretty disturbing.

As I stated before about his scratches it is congruent at least with the carrying the left front side of the coffin... I have seen the photo of him carrying the coffin on the front left side. I will leave it at that. I have read he also had scratches on his forearm, I don't know if this is true or not. (No, I didn't read it in "Nuevo Diario")

Noah, you need to stop that there is no case against Eric. Yes there is a case against Eric. It is weak, there are some serious blocks of doubt throughout the timeline. The scenario that he get help from two guys who have a weak to no connection to him is disturbing as well. I haven't seen one bit of direct evidence to see that Eric wasn't even in San Jose del Sur that morning or afternoon, or was in Doris's shop. There is a case, it just very weak, and it is a poor ruling by the Judge, whether Eric is innocent or guilty of this crime.

However the Judge rested alot of ruling on the Hertz Rental Car transaction. I realize that you are friend of Eric, and I don't mean to heap abuse on you or his horrible, perhaps injustice situation, but his defense team needs to address why the Hertz rental car employees testified the way they did. The argument, well they were force and threaten isn't going to cut it.

Why Eric's eyewitnesses testimony was thrown out was because of the Hertz's employees testimony. In many Latin American Countries, stamped receipts are king, compare to time stamp things like cell phone calls and IM messaging. Which is why Armando Llanes, Doris more current boyfriend got a get out of free jail card. I don't know what happened with Hertz Rental Car that day compare to your first or secondhand knowledge, but I can tell you that Eric's legal team and friends need to address the two employees testimony as one of your main priorties.

If Eric wasn't jealous or psychotic about Doris, and I trust your word on it, Eric's team needs to get as many affidavits out there from friends in the States and in Nicaragua stating what a gentle soul he is, especialmente declaraciónes de amigas y mujeres quien conoce Eric.... because Doris's friends testimony along with the Hertz employees' testimony are two big chunks of the Judge's ruling. Doris's friends basically spelled out the motive for the case. (I am not passing judgement, I am trying to show the construction of the case against Eric) This has to be addressed and neutralizes, ¡muy pronto! You have to show why Doris's friend would do this and lie about it. You can't do it by calling them names and insults, but explain quite rationally why they would railroad Eric. If they portray Eric as a nice guy like his friends are doing, then he wouldn't had been on trial.

What happened to Eric isn't a human rights violation, it perhaps is injustice and he was railroaded by a horrible verdict, but he went through the system, and he was represented by Ramon Rojas, who is probably one of the best attorneys in Nicaragua.

I will tell you now as someone who hasn't been to Nicaragua and I don't know many Nicaragüeños, but I have travelled alot through Central and South America. Eric's team needs to change his PR campaign, especially how it portrays Nicaragua and Nicaragüeños. I am guessing from reading the Nicaraguan Media and some of the comments that the PR campaign has pissed off many Nicaraguans, and many see what Eric's team is showing as red herrings. Is Nicaragua corrupt?, the Justice system is flawed and corrupt? and the Judge ruled out of fear of being lynched? I don't know, I haven't been there, but I know this isn't about the truth about the country as a whole, as much as getting Eric acquitted and free. If that is purpose than the PR has to be much more sophisticated and better aim at the Nicaraguan Media.. Stop using quotes like if one is unfairly convicted, we are all at risk. Start counteracting why people who know Doris are saying bad things about Eric, what is their intentions? Leave the FSLN stuff alone, or saying he was convicted because he was American. It doesn't matter it is true or not, what matters is putting on a subtle and convincing campaign to persuade Nicaraguans and especially people in Managua that the police in San Juan del Sur and Rivas along with the Judge screwed up or overlooked alot of evidence that pointed that Eric wasn't even near Doris's shop, San Juan del Sur or Rivas that day..

Basically Eric and his supporters are successful in getting his message out in US english speaking media, and now it is time to change gears and try to repair the damage and get the "mensaje" out to the Latin American Media. There are some good PR companies in Miami that can help that have strong Nicaraguan connections. Use them, (However I assume that Eric's team and supporters are) Eric's situation isn't hopeless, but if the PR campaign in working for his release continues with the same theme, you guys are going to hurt him more than help him. You (all you all) are pissing off the Nicaragüeños with the present PR. I would get some Private Investigators who aren't American, NOT Bobby Brown, but investigators who know Nicaragua well, the cops and culture, Eric's team has to find out why so many people were out to shaft him from San Juan del Sur with their testimony, I am not talk about Danglas, but the Doris's friends.

No matter what, if Eric is innocent, the truth will be told one of these days, lies can't stand forever, and someone is going to tell a different story than the one they told in court. Eric has some strong leads that be easily substantiated but it may takes some time. It is rest of the case I would attack and critique. Doris's friends testimony and the Hertz Rental Car employees.

Anyway if Eric's legal team and friends need help, i can leave my email here if requested. I am interested in this case, and I think the case is flawed against him.

dcon402001 said...

After watching Dateline on NBC on 4/22/07; I know Eric wouldn't have been convicted, if tried in the States. Unfortunately, having a fair trial is not a right in Nicaragua. Dateline's investigation certainly showed enough 'reasonable doubt' as to Eric being guilty. Including, several witnesses that were not allowed to testify, phone records, and the strong possibility of how Eric got scratched by carrying the coffin. The strongest point being, how in the world can the lead witness be such a dark character, that was the original suspect of the same murder???
Eric, Eric's family and friends, and Eric's safety are in my family's prayers. Good luck to him in his upcoming appeals process. Hopefully, there are some people in high places over there, that actually seek justice.

boz said...

Welcome Dateline viewers and everyone else coming here via Google...

I link to it above, but everyone should visit this website to learn more.

Anonymous said...

Does nicaragua thrive on tourist money? Guess not since they're obviously hating us gringos. Taking nicaragua off the "visit" list and putting it on the "crazy" list along with Iran, Iraq, most middle east countries, Vietnam, Korea, and China.

Anonymous said...

I couldn't close my mouth after watching Dateline.. I think it is outrageous how the Nicaraguan law system is so corrupt.. After watching the episode more than twice, I truly believe Eric is innocent and was wrongfuly convicted.. I hope and pray that somehow all this ends soon for Eric and his family.. At one point of the interview Eric said, "I know justice will prevail", I truly believe that.. And I hope the ignorant group of Nicaraguan people who deliberately convicted Eric guilty, will really think about what they've done, search deep in the pit of their stomachs and set him free.. How can someone in such authority, like the Judge, not see the truth, or not WANT to see the truth rather.. She should be embarrased and probably shouldn't be in that position.. I guess there really is a reason why people say "America is the best country to be in".. This would have never happened in the US.. How amazing how someone elses story can touch in such way, I almost wanted to jump out of my own skin.. Good Luck Eric, may God Bless You now and always, I will continue to follow your story !!...

Anonymous said...

We should be calling this the Nicaragian Witch trial. The similarities are frightening and laughable. The judge knew what she was doing. She is either scarred, bought, or a bigot. Judgeworthy is not a term to discribe her. Good Luck Eric Hopefully cooler heads will prevail.

Anonymous said...

I am not a friend of Eric and have never met him. But I have lived and worked in Nicaragua recently and had extensive daily dealings with the Nicaragua Government during that time. I also went through the legal system there in a civil matter. I can assure anyone who knows little of Nicaraguan law and society that it is the law of money and corruption and the entire system is hostile to Gringos. The cops, courts, military, national assembly and now the entire executive branch are controlled by the Sandinistas. If you have any doubts about their disdain for gringos, start reading post-Contra War comments by Daniel Ortega, or pick up any copy of his rag of a newspaper, El Nuevo Diaro, and listen to the Sandinista anti-gringo propaganda spewed out on those pages. Whenever I feel like barfing when thinking about FoxAGANGA News Channel, I recall El Nuevo Diario and gain my perspective that propaganda could possibly get worse than Fox.

Lest you question any of the above, google Daniel Ortega and Guadamuz and see what comes up. Murders are commonplace in Nicaragua. Long prison sentences are not common, especially for Sandinistas doing party dirty work or a former Nicaraguan president (PLC Party) who stole billions in US aid but who worked out a pact with the Sandinistas for his survival.

The Nicaraguan cops are much better at roadside shakedowns and narco-trafficking assistance than they are murder investigations. They didn't just bungle this case, they and the fiscalia and the judge followed party orders and sent Eric down river for a crime he did not commit. Somebody else with lots of cash got to them first.

The only hope he has is to pay off Daniel Ortega or Arnoldo Aleman. So if you want to see justice done in this case, send Eric your money, not your moral support.

WorkinFromHome said...

Are there any definitive dates yet as to when his appeal will be heard? I, too, have been watching closely, as well as praying for Eric and his family and friends... and Doris, her family and friends. It is such a tragic situation all around. I definitely understand the desire for someone to be punished for such a horrible crime, but I pray that they will realize that convicting an innocent man benefits nobody.

ted said...

Anon et al..----


I would also suggest googling "Ramon Rojas" and "Daniel Ortega" and see what you get as well... I would suggest to Eric's side that Ortega and/or Sandiinista bashing may work well in the US, but it will backfire very badly in Nicaragua, where his fate lies with the Appeals Court.. The Court will see this as a Red Herring. Don't try to make this into a Mumia Abu Jamal scenario, where the system is on trial. There is plenty of evidence and arguments to drive holes into the Judge's ruling in the criminal trial. Disprove the motive shown by Doris's friends, and disprove the testimony of the Hertz's employees. If that happens, then the Appeals Court would be much more incline to judge Eric's eyewitnesses testimonies. However they are and will be also under an enormous amount of pressure in finding a culprit, if they think Eric is not guilty.

Anonymous said...

What a horrible, sad story. I personally believe Eric is innocent overwhellmingly. What I do not understand is that why didn't they take DNA from a rape kit and match it to Eric and to those two scum bag guys? Did they even run that? I think it was a set up by those 2 beach slugs. I feel for Eric and his family and for that beautiful woman.

Anonymous said...

he seems like a prick

skepticalinNJ said...

Based on the facts presented I don't believe that Eric Volz should be in prison, but I'm not convinced that he is 100% innocent. I was wondering why there hasn't been more emphasis on a murder-for-hire scenario.

Vince said...

This is what comes to mind when I think about Nicaragua:

Not everything that's said is meant.People for the most part don't necessarily mean what they say. And if you are a gringo and grew up with the idea to 'mean what you say and say what you mean', this ideal of integrity is non-existing in Nicaraguan culture.

For the most part locals would think you are dumb and stupid if you believe everything that's said.

There might be some truth begind the smoke; you just got to remember to cut thru the drama and the bs; the truth might be out there somewhere or maybe not.

Is more like a mind game. If you are hip to it you shoul have no problem.

In our eyes a great injustice has been done; but, that's Nicaragua.

In Nicaragua you have to take the bull by the horns and do it your way before the other side has a chance to do it their way. What I'm saying is that, guilty or not, Eric should have packed his bags and be gone. If he would have been found guilty beyond a reasonable doubt, I'm certain that the U.S. government would have handed him over to face the music.

It's very simple; you have to take matters into your own hands to make things happen, specially if you want fairness and things done the right way.

What's right and fair? Nicaraguan culture dictates that, don't matter if you are guilty as sin, the only thing that can right a wrong is that the outcome is in your favor. Meaning that: if you have to lie, cheat and backstab is OK; the end justifies the means (sounds familiar?)

The following statement from one of the blogs:
"Armanod Llanes was let go because it seems he had a stamped receipt in registering for college courses... " It might be true and then again it may not be true.
Don't believe nothing that you see or hear.
As far that I'm concern this document could have been forged. Or, someone got paid pretty good money to create a document with false information.
This is a good example that in Nicaragua knowing the right people in the right places can get you, just about, what ever you want.
Connections and money are very good friends. Pata(connections) y(and) Plata(money)walk hand in hand.
Nicaraguan justice system is not corrupt is just misunderstood.

Anonymous said...

Tom , I am glad you have told it like it is,Eric was not a jealous person,he was the one who left to managua. Every proof the defense was trying to show was out the window. The judge said someone took their time to find 10 witnesses to lie to save Eric, well how can she proof this?. These were respectable people,yet the one person to her had all the credibility which i might also add was on something at the time of his testimony. Who ever thinks he is guilty read the hole story. I have been told that judge's in Nicaragua are not well trained.

Andrea said...

Any rational thinking person has to see that he is innocent. Watch the Dateline show or go to the free eric volz web site and get educated! I believe the truth has already been told and now we are waiting for the Nica judicial system to catch up! He'll be home shortly!! I can not express how frustrating it is to read the comments of misguided, mislead people that don''t bother to look at the facts and speculate all kinds of crazy senerios!!ugh!!!
Andrea
VABeach, VA
P.S.
when you visit the web site please buy something to support his legal struggle!!

Anonymous said...

Ted, You need to get your story straight. You say Llanes have a receipt for school well how do you not know if it was not fake?. He comes from a wealthy family it is so easy to pay anyone for a receipt,and if he registered remember he did not attend. Eric had a receipt for the car rental and it was proven to be his signiture,yet the car rental receipt was not accepted as evidence. The car rental people's statement was the only statement accepted now is that fair NO!. As for him being jealous he is not and if we was that does not make him a murderer. Look at the video now tell me if those are scratches what excuse can you tell me about the end of the marks coming out in a v shape and scratches do not bruise,and so not appear in that form.

Willbillson said...

I was in Nicaragua at the time of the trial, and watching the story unfold through the lense of the local media, I was surprised upon returning home to Nashville that people were so adamant about his innocence. the facts of the case have well parsed in this thread and i cannot add to them. However, I can say that from everything I read in the local press there was little doubt that Eric had something to do with murder, planning it and paying for it if not participating himself. I don't have a clear feeling either way, seems a very gray mater. And let me say that Eric seemed monstrous in the papers down there. Looks like he will be in jail for a long time.