Category Archives: Latin America

American Man Held Without Charges in Bolivia for 11 Months Goes on Hunger Strike

Jacob Ostreicher, who has been held in prison in Bolivia for 11 months without any formal charges, is on a hunger strike.   Ostreicher’s lawyer and family contend that he is an innocent man who has been falsely linked to a drug and money laundering investigation.   They claim that Ostreicher’s was involved in a a rice operation in Santa Cruz and they presented more than 1,000 documents in preliminary hearings proving that Ostreicher has conducted nothing but legitimate business transactions in Bolivia.

Ostreicher is being held in the notorious Palmasola Prison in Santa Cruz.  The prison is well known as being run by the inmates.  The perimeter is controlled by guards, but they do not control the activities by the inmates housed in the facility.

http://www.cnn.com/2012/05/12/world/americas/bolivia-american-hunger-strike/index.html

http://abcnews.go.com/International/american-investor-sits-year-isolated-bolivian-prison-uncharged/story?id=16329344#.T680yugV19n

US lawmakers Urge Nicaraguan President to Review Jason Puracal’s Case

Forty three U.S. Congressmen have signed on to a letter to Nicaraguan President Daniel Ortega urging him to review the case of American Jason Puracal.  Mr. Puracal, a former  Peace Corp volunteer, was working for Remax Real Estate Company in San Juan del Sur when his home and office where invaded by police.  No evidence of drugs or any other criminal evidence was found, yet Mr Puracal was arrested, charged with drug trafficking and money laundering, and sentenced to 22 years in prison.  At his trial, there was no evidence of drugs presented and the evidence of money laundering consisted of legitimate purchase agreements in the escrow account from the Remax Real Estate office.  Mr. Puracal was not allowed to call witnesses for his defense.

The Congressman expressed their dismay at this wrongful conviction and also the fact that Mr. Puracal is being held in a crowded, unsanitary cell where he does not have access to clean water.  They urged that the conviction and the conditions of confinement be reviewed.

Mr. Puracal’s case has received the support of many lawyers in the innocence project network including the California Innocence Project at California Western School of Law in San Diego.

http://freejasonp.com/

NEW INNOCENCE EFFORT UNDERWAY IN MEXICO

This past week a conference was held at Universidad Autonoma de Baja California in Tijuana, Mexico with the goal of launching the first innocence project in Mexico as a joint project of UABC and the California Innocence Project at California Western Law School in San Diego.  The proximity of UABC to the California border makes it a short commute from San Diego, creating an opportunity for international coordination where the two innocence projects can work closely together.

The Director of UABC Law School, Mario Herrera, recognizes the value of innocence projects to the educational mission of the law school, as well as the service it provides to clients.  Commenting on these dual missions he said, “Tener un Proyecto Inocente en Tijuana será una gran oportunidad para que nuestros estudiantes de derecho aprendan el procedimiento penal, se conviertan en mejores abogados y ayuden a liberar a personas condenadas injustamente.” (To have an innocence project in Tijuana will be a great opportunity for our law students to learn the criminal process and become better lawyers while helping to liberate the wrongfully convicted.)

Marco Macklis, a graduate of UABC Law School who works for the California Innocence Project, initiated this conference and partnership.  “It’s great to be able to bring together the law school I graduated from and the law school I work for.  This will be an amazing program that is greatly needed in Mexico.”

Tuesday’s Quick Clicks…

  • Hearing held yesterday in in Texas in case of mother convicted of murdering her child by forcing him to eat cajun seasoning until he died of sodium overdose.  Mother has always maintained innocence and claims ineffective assistance of counsel and non-disclosure of crucial evidence by the prosecution
  • Recap of the Brady hearing yesterday in DC involving the Mid-Atlantic Innocence Project
  • Police claim 2005 evidence preservation law in Wisconsin is now causing storage problems
  • Listen to John Grisham’s radio interview about his work for Innocence Projects
  • Death penalty will be on California ballot in November
  • The Good Wife TV show has an episode this week based loosely on the Michael Morton wrongful conviction and exoneration
  • Janis Puracal, sister of Jason Puracal (case discussed here and here), discusses her visit with her brother in a Nicaraguan prison
  • Innocence Project fights for exoneration in alleged false confession case in DC

Eric Volz and his Quest to Free Jason Puracal….

Eric Volz

….got a nice write up in Outside Magazine (with quotes from California Innocence Project director and contributing editor Justin Brooks).  Full article here.  Prior coverage of the case here, here and here.  Excerpt:

More than five years ago, in the small town of San Juan del Sur, Nicaragua, a 28-year-old American expat from Tennessee named Eric Volz was charged with the murder of his beautiful ex-girlfriend. The 25-year-old woman, named Doris Ivania Alvarado Jiménez, had been raped and killed in a quiet town that was changing as Americans looking for cheap living near the ocean moved onto beachfront property. The locals didn’t exactly enjoy the boom, and resentment toward outsiders grew. It seemed that Volz had found himself in the wrong place at the wrong time, and eventually he was sentenced to life in prison, though the case against him was murky. Reporter Tony D’Souza covered the trial for Outside in 2006 and 2007. D’Souza’s story, and others, drummed up media attenton that put a spotlight on Volz’s imprisonment. Volz’s family also fought to keep the story in the news, and in December of 2007, he was released from a Nicaraguan prison and returned to the United States.

Now, Volz has begun a fight to try and free an American from the same prison where he was kept. Jason Puracal, who moved to Central America as a Peace Corps volunteer in 2002, was arrested in his San Juan del Sur home in November 2011, and was later given a sentence of 22 years for drug trafficking and money laundering. The real estate agent with a Nicaraguan wife and a 4-year-old son went to prison.

When Volz found out about the case, he turned to change.org, the same site where Trayvon Martin’s mother made an appeal to get her son’s death noticed. Volz teamed with former DEA Director Tom Cash to ask for Puracal’s release on a petition that has acquired more than 80,000 signatures.

“I’ve investigated some of the world’s largest drug kingpins, including Pablo Escobar,” said Cash in a press release.  “While there are certainly a lot of drug traffickers in Nicaragua, Jason Puracal is not one of them.”

When reached by email, Volz said not a single shred of evidence was presented at the case. “It is impossible to talk about justice with a judicial branch that is held hostage by outside interests, in a system in which judges are more likely to follow orders from political party leaders instead of ruling according to law,” he said. “While there is a component of wrongful conviction to Jason’s case, this is more accurately categorized as a, what we refer to here at the David House Agency, as an ‘institutional kidnapping.'”

Full article here.

On-line Petition to Free Jason Puracal Goes Viral…

Background of case here and here.

Full story here.  Excerpt below:

LOS ANGELES, CA – More than 80,000 people have joined a powerful new campaign on Change.org calling for the release of Jason Puracal, an American citizen allegedly sentenced to 22 years by Nicaraguan authorities on charges of drug trafficking and money laundering. The California Innocence Project, multiple members of Congress, a former Canadian Minister of Justice, and a former FBI Agent are among the names and organizations who believe Puracal is innocent and have asked the U.S. State Department to intervene in the case.

The explosive petition was launched last month by former DEA Director Tom Cash and Eric Volz, the man who, after being wrongfully convicted of murder in 2007, spent 14 months in the Nicaraguan prison where Jason is now incarcerated. Eric is now is the managing director of The David House Agency, an international crisis resource organization that provides services to Americans facing complex legal and political situations abroad.

“I know what it’s like to be wrongfully convicted in Nicaragua and I know what it’s going to take to get Jason freed,” said Eric after launching the campaign on Change.org. “Jason is literally fighting for his life in one of the world’s most dangerous prisons. His life is in jeopardy every day that the U.S. government doesn’t intervene in this egregious violation of human rights.

Wednesday’s Quick Clicks…

  • Wake Forest Prof Carol Turowski on the problems in post-conviction innocence cases of the prosecutors squeezing guilty pleas to lesser charges from innocent inmates; the inmates often take the deal even though innocent rather than remain incarcerated while the post-conviction innocence cases works its way through the courts
  • New book by Chicago attorney Ted Grippo on the wrongful convictions and executions of Nicola Sacco and Bartolomeo Vanzetti
  • The unchecked charging power of the prosecutor
  • Jason Puracal’s family fights to free him from Nicaraguan prison
  • Montana Innocence Project wins evidentiary hearing in attempt to obtain new trial in rape case
  • Woman in Texas attempts to overturn her murder conviction that was based on the notoriously unreliable evidence from a dog-scent lineup

Developments in Jason Puracal Case…

Background on this political wrongful conviction case here and here:

Press release from Eric Volz of the David House Agency:

Please find here a petition to the United Nation Special Rapporteur on Torture c/o Office of the High Commissioner for Human Rights at Geneva. The petition, filed this morning regarding the case of my client Jason Puracal, an American citizen wrongly detained in Nicaragua, details the the ways in which he was tortured in police custody and continues to be subject to inhumane treatment by the prison guards. Anna Tolin’s (Northwest IP) early work on this case helped to lay the ground work for this petition. This filing is very serious and the UN will be forced to quickly respond and publicly weigh in.
Jason has been denied edible food and potable water for the last 17 months and is slowly being starved to death.  He has some 30 pounds off his original weight of 180 pounds.

Petition Nicaraguan Authorities to Release Jason Puracal

Jason Puracal and family

Background on Jason Puracal case here and here.

Press release from Eric Volz and the David House Agency:

The advocacy group Change.org, who is responsible for breaking the Travon Martin story, approached our colleague Eric Volz, managing director of The David House Agency, about authoring a petition for the Jason Puracal case in Nicaragua. Eric recruited former DEA director, Tom Cash, to co-author the petition, which went public on Friday, and as of this morning, has over 70,000 signatures.
Eric said, “The petition simply urges the Nicaraguan authorities to order a review of Jason Puracal’s wrongful conviction. Its not a supplement for all the other areas in which we are advocating, but it is contributing the appropriate kind of pressure needed at this point in this case. So far Nicaraguan foreign minister has received over 70,000 emails about the case. Id say we are getting someone’s attention. Maybe we can ever crash a server or two.”

Former AG of Canada Intervenes in Jason Puracal Case in Nicaragua

Eric Volz

This article was written and submitted by Eric Volz.  Volz is the managing director of The David House Agency – a U.S.- based, strategic resource organization supporting individuals facing injustice abroad. Their expertise lies in managing cases in which political and cultural undertones complicate the judicial process. Other cases in which he and his organization have been involved in include: Amanda Knox and Rafaelli Solecito (Italy), The Hikers (Iran), Jason Puracal (Nicaragua), Amir Hekmati (Iran), as well as international child custody and parental kidnapping matters.  Volz is also the author of Gringo Nightmare.  Visit his website here.

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The wrongful conviction of Jason Puracal in Nicaragua is monumental and serves as a chilling milestone in the emerging trend of international “show” trials.  This case has serious implications for citizens of the Global North studying, working, traveling, or retiring abroad.
[Editor’s note:  To become introduced to the case, you can watch this introductory video, visit the official website, or see our prior post by Justin Brooks….]
In short, 10 years ago, Jason Puracal moved to Nicaragua to serve in the Peace Corp. He fell in love with the country, its people, and the woman that would become his wife. Today, he is struggling to survive the fight of his life. He has been held in a Nicaraguan prison since November 2010 on sham charges of drug trafficking, money laundering and organized crime. There is no evidence linking him to any crimes. Held for over nine months in subhuman conditions before he went to trial, this September he was convicted and sentenced to 22-years in prison – by a “judge” was not even a licensed attorney, in violation with Nicaraguan and international law. (click to see Jason Z. Puracal v. Government of Nicaragua)

Jason Puracal with family

While he waits his appeal, he is slowly dying in prison. He has been denied food, water, and proper medical care. He suffered from infections caused by the inhumane prison conditions and has developed an inflammatory condition due to the bacteria in the food. His family is concerned he will not live long enough see his own appeal.

Recent Development:
Last week saw a unique face off between a former Attorney General of Canada and Attorney General of Nicaragua over the case of this American. Former Attorney General of Canada, and private counsel to Nelson Mandela, Irwin Cotler, addressed a powerful letter to the Attorney General of Nicaragua, Julio Centeno, urging him to order a review of Jason’s wrongful conviction. Read letter here.  The letter notes as well that the California Innocence Project has formally accepted the case.
Centeno responded in the press claiming that the conviction was delivered according to law.
Stay tuned to the WC Blog for future updates on the case.
La condena injusta de Jason Puracal en Nicaragua es monumental y sirve como un marco escalofriante en la nueva tendencia de los secuestros institutionales al nivel internacional. Este caso tiene serias implicaciones para los ciudadanos de países desarollados quienes, estudian, trabajan, viajan, o se retiran en el extranjero.

La semana pasada vío un rostro único de entre un ex fiscal general de Canadá, y el fiscal general de Nicaragua acerca del caso de este estadounidense. El ex Fiscal General de Canadá, y el consejo privado a Nelson Mandela, Irwin Cotler, dirigió una carta poderosa a la fiscal general de Nicaragua, Julio Centeno, sugiriendole a ordenar una revisión de la condena injusta de Jason Puracal. Centeno respondió en la prensa diciendo que la condena haya sido entregada de acuerdo a la ley.

Are We Going to Let Jason Puracal Die in a Nicaraguan Prison?

This past month, while hundreds of men burned in their cells in Tegucigalpa, Honduras, Jason Puracal lay on a concrete floor 150 miles away in Tipitapa, Nicaragua, where he shares a small, bug infested cell with seven other inmates.  Jason is trapped in that cell 7 days a week, 24 hours a day, except for one hour he gets to spend outside next to the prison’s open sewer system.  There are exposed electrical wires and no running water. There is a hole in the corner that serves as a toilet, a drain for bathing, and a sink for washing dishes.  Buckets of parasite infested water are carried in, and the only way to drink the water is to boil it with a makeshift heating system that caused Jason severe burns this past September.  The burns blistered and became infected.  The bugs chewed away at his wounds.  He has since developed an inflammatory condition in his bowels that makes it extremely difficult to eat.  He has lost a tremendous amount of weight and it is unlikely he will survive even a portion of his 22 year prison sentence.

The conditions that Jason lives under would be horrible for anyone.  What makes them shocking is that he is an innocent man, wrongfully convicted by a failed justice system.

Jason’s current reality is not the life he imagined when in 2002, after obtaining a degree in Zoology from the University of Washington, he moved to Nicaragua to serve in the Peace Corps.  He fell in love with the country and a beautiful Nicaraguan woman.  When his tour ended he stayed.  He married his girlfriend, had a son, and started a career as a realtor in the beach town of San Juan del Sur.  His life seemed like a dream.  He was even featured on HGTV’s House Hunters International with cameras following him around as he showed beach homes to enthusiastic Americans looking to invest in the “new Costa Rica.”

That life ended on November 11, 2010, when armed and masked Nicaraguan police forced their way into his office and his home without a warrant and seized all his computers and files.  No evidence of criminal activity was found.  Nonetheless, Jason was arrested and later charged with money laundering and drug trafficking.

Jason’s trial was a sham.  It was overseen by a 27 year old judge who was not even a licensed attorney.  His real estate office’s escrow account was used as alleged evidence of money laundering and Jason wasn’t permitted to call his accountant to explain the escrow process and document all of the money that had moved in and out of the account as a result of property purchases.  The key prosecution witness did not even know what an escrow account was.

No drugs were found in Jason’s home or office.  The only “drug evidence” was testimony by a police officer about a VaporTracer test that can detect microscopic traces of drugs, but has been widely panned by courts due to cross contamination of evidence.  In fact, initially Jason’s car and clothes tested negative, but after they were taken into custody, and likely came into contact with other evidence or officers who had been exposed to drugs, there was an alleged 70% reading.  That meant a 70% chance that his car and clothes came into contact with drugs.  This flimsy evidence was unsupported by documentation at trial and riddled with contamination problems.

In a United States court the evidence against Jason would never support a conviction, or even probable cause to hold him in jail pending trial.  In Nicaragua, it was enough for a conviction and 22 year prison sentence.  Yet, Jason’s family has faced an uphill battle in fighting for his freedom.  Even though the United States has condemned the recent elections in Nicaragua as riddled with corruption, with Hillary Clinton calling the elections a “setback for democracy,” Jason’s case has largely been treated by U.S. government officials as just another drug case where an American got caught up in international trafficking.  His case has not received the attention of political cases where injustice is obvious and this is very dangerous precedent.

If other countries know that all they have to do is call a case a drug case, even when there are no drugs recovered, all Americans become potential targets when they travel outside the country.  We should all be concerned for Jason.  He represents the treatment we are willing to accept when our fellow citizens are wrongfully arrested and convicted in foreign countries.

http://seattletimes.nwsource.com/html/opinion/2017712442_guest12brooks.html

www.FreeJasonP.com

http://www.cnn.com/2012/02/16/world/american-nicaragua-prison/index.html

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Thursday’s Quick Clicks…

  • Judge in Mexico recommends release of French citizen Florence Cassez, who was convicted in Mexico of kidnapping.  Many French citizens believe Cassez was wrongfully convicted, and now it appears the judge has similar concerns
  • Two police officers in Aurora, Illinois did the right thing in following up leads that led to exoneration (more here)
  • Kansas exoneree Joe Jones relieved that CODIS DNA database entry of the DNA from his case results in a “cold hit” to the true perpetrator
  • Houston lawyer exposes the prosecutorial misconduct involved in the Michael Morton wrongful conviction case
  • Television drama about the Great Mint Swindle, a famous wrongful conviction case in Australia, airs Sunday night in New Zealand
  • Governor in Maryland considers clemency petition of Innocence Project client; prosecutor supports the petition, saying he would not have brought the charges if he knew then what he knows now

Sunday’s Quick Clicks…

Training for Latin American Lawyers Seeks to Decrease Wrongful Convictions

This past week more than one hundred lawyers from Argentina, Chile, Dominican Republic, Guatemala, Mexico, Peru, and Venezuela participated in a five day intensive trial training course at California Western School of Law in San Diego.  The program was sponsored by ACCESO Capacitación, with the goal of teaching lawyers how to prepare better for trials.  This training is particularly important as many Latin American countries, including Mexico, transition to oral adversarial trial systems.  The program included training on investigation, opening statements, direct and cross-examination, and closing arguments.  There was also a training session on the causes of wrongful conviction and the need to develop innocence projects in Latin America.

There are two upcoming programs sponsored by ACCESO Capacitación.  One in San Diego April 28-30th on advanced trial skills and another in San Juan, Puerto Rico June 11-15th on basic trial skills.  For more information go to www.accesocapacitacion.com

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The First Latin American Conference on Innocence Work to Take Place July 5th and 6th in Santiago, Chile

The movement to free the innocent is coming to Latin America.  Currently there are efforts to establish projects in Argentina, Bolivia, Chile, and Puerto Rico. Join us for the inaugural Inter-American conference on Innocence Projects, to be held July 5 … Continue reading