Eric Volz: A Season in Hell

Fri, Jun 1, 2007

Features

More akin to a fourth-grade classroom than a house of law, the Rivas courtroom seats about 25 people, on metal chairs, and testifying witnesses are within arm’s length from both the judge and the court reporter. A large, colorful poster tacked on the courtroom door depicts a hand offering money to a faceless judge, with a stop sign in between. According to the U.S. State Department, judicial corruption is rampant in Nicaragua.

On February 14, the first day of his trial, Volz entered the courtroom wearing a brown long-sleeved parka zipped up to his chin that concealed a bulletproof vest. After the mayhem following the preliminary hearing, Volz and the police weren’t taking any chances. The police took the further precaution of blocking off the streets around the courthouse.

There was no jury, only the judge, a woman from Rivas named Ivette Toruño Blanco. And the four initial suspects had been whittled down to two: Volz and Chamorro. On the day of the preliminary hearing in December, Llanes had shown up with this father and a lawyer and a paper showing he had been registering for classes on the day of the crime. After a closed-door meeting with the prosecutor he was let go. Charges against Lopez Dangla had also been dropped, and in an unlikely twist, he was now going to testify against Volz.

It appeared at first that Volz might have a fighting chance. The medical examiner and the police testified that there was no physical evidence linking Volz to the killing. None of the 100-plus hair samples matched his. There was no semen found in Jimenez’s body, but because she had been embalmed, a full examination was not performed. And the only blood found at the crime scene besides Jimenez’s was type O. Volz is type A. Also, Volz had signed credit card receipts for the rental car; the contract was printed at 3:11 pm. The only physical evidence the prosecution presented regarding Volz was photos of scratches on his back. (He claims they were from carrying Jimenez’s casket.)

Soon it was clear that this was not going to be an orderly, Law & Order–style trial, but more of a theatrical performance. After she finished answering questions, Sobalvarro announced dramatically that Jimenez had confided that Volz had threatened to kill her if she went with another man. Jimenez’s mother echoed that statement, adding that Volz’s family had offered her $1 million to drop the charges against Volz, a claim Volz’s family adamantly denies. At one point during the trial gunshots were fired outside — apparently by police trying to control the crowds — and while the judge retreated to chambers, Alvarado launched an impromptu news conference.

Things became even more bizarre when Lopez Dangla took the stand. According to defense attorney Fabbrith Gomez, he was “visibly incoherent” and “agitated” during his testimony, continually pleading his innocence to the judge even though he was not on trial. Lopez Dangla said he had seen Volz coming out of the victim’s store at 1 pm, and that Volz had paid him about $3 to dispose of two black bags he was carrying. He did not mention Llanes. “I may be lazy and a drug user,” he said, “but I’m not a liar.” (Contacted by Men’s Journal, Lopez Dangla said he stands by his testimony.)

Volz sat patiently through the testimony, consciously controlling his body language. By U.S. standards he had an airtight defense. Records from cell phone towers showed that he was in Managua at the time of the murder, as did testimony from several witnesses, including Ricardo Castillo, who said he had lunch with Volz that day. Several others had also seen him, but the judge disqualified them because they worked for him.

On Friday, February 16, the third day of the trial, Judge Toruño Blanco reached her decision. In open court she either discounted or dismissed most of the defense’s evidence. She discredited the alibi witnesses, claiming they all had business relationships with the defendant, including the journalist Castillo. She dismissed the phone records, saying there was no proof that Volz had actually made the calls. (The defense did not call witnesses who could confirm having spoken to Volz on his cell phone.)

She instead chose to accept Lopez Dangla’s testimony, despite the fact that he was incoherent on the stand and had everything to gain by testifying against Volz. The scratches on Volz’s shoulder constituted further proof that he had committed the crime, she said; no mention was made of Lopez Dangla’s numerous scratches. “Nelson Dangla and [another witness] have all the credibility necessary,” she asserted. She found Volz and Chamorro both guilty.

Volz stood blinking in disbelief. “Once I heard the initial part of the verdict, I stopped paying attention,” says Volz. “I immediately started preparing for what was next. It was back to survival mode, focusing all my energy on staying alive.”

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This post was written by:

Dean LaTourrette - who has written 1 posts on Men’s Journal.


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1 Comments For This Post

  1. Melynda Terrasi Says:

    , I actually like looking after my hearing and whilst I do agree with the above-mentioned poster and I really hope I do not get shot down for stating this, but I guess it is important to take all things in moderation.

    [Reply]

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