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The Boomtown, the Gringo, the Girl, and Her Murder (cont.)
THE NEXT DAY, FEBRUARY 15, Rojas presented the defense. Consensus among the embassy staff and the other two foreign reporters present was that the prosecution's case was too weak to have been brought in the first place. But the judge had tossed out all but three of Volz's witnesses as redundant, allowing him only Nick Purdy, the consultant; Ricardo Castillo, the journalist; and Rossy Estrada, the hairstylist. Purdy went first, testifying through a court translator that he'd been in phone and instant-message conversations with Volz throughout the time of the murder, which Castillo confirmed, testifying that he was actually in the EP office with Volz. A frightened Estrada testified that she cut Volz's hair. In the cross-examination, the prosecution hammered away at the point that both Castillo and Purdy had incentive to see Volz free, as they had business dealings with him. Then Volz took the stand. He was calm and looked directly at the judge. He discussed his relationship with Jiménez in fluent Spanish. He talked about the competitiveness of the real estate market. When he described the $3 million an average San Juan real estate office made in annual sales, a ripple went through the gallery and a woman gasped, "In dollars?" Volz looked at the judge and said he was innocent. When Rojas asked him why Dangla was lying, he said he didn't know. Then Rojas asked how he had gotten the marks on his shoulder. Again looking directly at the judge, Volz gave an answer that was wholly in keeping with the telenovela elements of the case: "I got it carrying Doris's casket at the funeral." In the total 15 hours of the trial, less than 40 minutes would be spent on Chamorro. He wasn't called to the stand in his own defense or Volz's prosecution; when his lawyer demanded that his client be called by his legal name, not Rosita, the judge shook her head and smiled, "But that is how we Nicaraguans refer to each other." Chamorro kept a blank face as he watched his only witness, a bleached-blond surfer named Yamil "Coky" Brook Gonzales, testify that he and his Canadian girlfriend had eaten with Chamorro in the market from 9:00 a.m. to around 11:45 the day of the murder. During recesses, he would come to the rail and exchange hugs with his mother and aunt, who always brought a sweater for him, which he didn't wear. He didn't like his picture being taken, and menaced the photographers the first day. But by the second day, he seemed resigned to it. Volz spent time during court breaks calmly talking to his lawyers; after the first day, he wore a heavy coat against the cold. No members of his family ever appeared in the courtroom; after what had happened at the arraignment, Maggie Anthony told me in Managua in March, they were afraid. Indeed, a terrified Nick Purdy looked at the door after being dismissed from his testimony and said, "I ain't going out on the street." In closing statements, the prosecutors summarized their case. Nelson "Krusty" Dangla had seen Volz at the scene of the crime. The Hertz delivery driver's testimony and the rental agreement signed by Leidy de los Santos had called Volz's alibi into question. Blood typing had found both A and O on the sheets used to hog-tie Jiménez; Jiménez and Volz were type A, Chamorro type O. The first forensic examiner found evidence of rape and sodomy. Cell-phone records could not prove Volz was the one using the phone, the prosecution claimed, nor could instant messages. And then there were Volz's injuries. "How can one be scratched by a coffin while wearing a shirt?" the prosecutor asked. The judge looked at the picture of Volz's shoulder, case photo number 21, for a long time. Rojas presented an impassioned closing statement. Point by point, he went through the prosecution's evidence, highlighting the changes in the original charges, the scratches on Dangla, the conflicting findings about sodomy and rape, the shoddy police-lab work, which included Volz's incorrect blood typing as well as the failure to collect testable material from under Jiménez's fingernails, though her fingers showed signs of defensive injuries. He talked about the credibility of Purdy and Castillo, about the phone records. His voice rose to a crescendo as he slammed the national-police laboratory. About the marks on Volz's shoulder, he said, "Of course that could happenhe has white skin." (Later, Mercedes Alvarado would play me a DVD of the funeral. The video shows the sharp edge of Jiménez's coffin resting on Volz's shoulder.) Just as Rojas was about to finish, there was a sudden commotion, and the special-operations officers barricaded the door with their bodies. A court clerk shouted, "There is shooting outside!" "Nobody leaves the room," the judge said, and everyone flipped open their cell phones. Jiménez's mother held out hers for us all to hear the shouts of the mob confronting the riot police, which sounded as chaotic as it should. It was amid this tension that the case concluded. Volz's final statement was "Nicaragua has a lot of heart. I believe in her justice." Chamorro said, "God knows I was not there." The judge told the court she'd have a verdict in two hours. It was hot outside; the street was a shoulder-to-shoulder line of riot police in armor, helmets, and shields. Halfway up the block was another line of blue-uniformed national police, and facing them was an angry crowd of hundreds. I had only two real questions left: Would the judge find a way to convict Chamorro even though she would have to let Volz go? And how violent would the mob get? Security for the 4 p.m. verdict was tighter than it had ever been. A wooden fence had been placed in the hall upstairs, and the riot police made us wait behind it until the accused had taken their seats. The folding chairs in the gallery had been removed so that now the space seemed like a pen. The judge did not come in until 4:15. Then she sat and began to speak. What I can say is this: The reading of the verdict was long and theatrical. Judge Toruño went through the charges against the two men in a loud and emphatic way, rolling her r's just a touch longer than necessary, letting the names of the accused settle around us in their length. The cameras rolled; it would certainly play out well on local television, which it soon did. The judge threw out Purdy's testimony, because he was in Virginia during the phone call. She threw out the cell-phone records because she said they didn't prove Volz's physical location. She said Ricardo Castillo wasn't credible; she said Dangla was. She admitted that the police lab had done a terrible job and chastised them for it. And then she said two things to Volz. "You were in Managua at 5 p.m. and arrived in San Juan at 6:30. You want me to believe that you can move around very fast." And as far as the scratches on his shoulder were concerned, she said, "You can't get scratches from a coffin." Volz hung his head. Chamorro was stoic. Judge Toruño pronounced both defendants guilty. The prosecutor asked for the maximum penalty for both men, 30 years. Alvarado burst into tears and said, "Thank God! Thank God! This is what a mother wantednot a million dollars, but justice," as the cameras flashed and rolled. I passed Chamorro's mother in the hall as I left. "It's better this way," she whispered. "It's better that it's both of them." Outside on the street, the mob was jubilant. Jiménez's uncle pointed his finger at the sky and said, "This is justice for our small town, for Nicaragua, and for all of Central America!" As Volz and Chamorro were hustled into waiting police trucks, the crowd hung off the walls of the surrounding buildings, whistling and shouting that one word: "Justice!"
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