May 25 Hearing on Due Process Concerns

This morning began the hearing on the defense motions relating to due process concerns.  As of 8:00 p.m., the Court had taken its second break, and we expect the hearing to continue into the night.  As of now, the defense has argued its motions, including a motion relating to the wrongful detainment (that is, the defense made a motion to release Jason because the prosecution has held him for more than six months without a trial).  The Nicaraguan Supreme Court held in a similar case that this type of detention without a trial is a violation of the Nicaraguan Constitution.

The defense also argued its motion to preclude the Attorney General's involvement in the case because the case does not affect the State as required by Nicaraguan law.  The Attorney General made a surprisingly weak argument in response, but the Judge has already denied the defense motion and allowed the Attorney General's involvement.  This ruling is directly contrary to Nicaraguan law.

The hearing started more than two hours late.  The defendants and their attorneys were in Court waiting for the Judge for two hours before he appeared.

 

During that time, Jason's defense attorney, Fabbrith Gomez, tried to pass Jason water in the courtroom and the police would not let him.  Fabbrith protested Jason's right to water, and there was an altercation with the police.  The police officer yelled obscene language at Fabbrith and threatened to handcuff him.  The other defense attorneys were frightened by the policeman's outburst, but Fabbrith was able to get water to Jason in the presence of the Judge once they were in the courtroom. 

Most alarmingly, during the Court's first break, Rivas Police Commissioner Aleman (the one who had Jason arrested) was seen leaving the Judge's chambers.  The Judge apparently met with Aleman while the Judge was deliberating on these motions by the defense.

 

We expect to receive further updates tonight and will provide them as they come in.

Jason's first prison interview with La Trinchera

La Trinchera, the newspaper in Nicaragua, published a two-part article about Jason's case.  After six months, Jason was finally given access to the public phone and spoke briefly with the reporter.  Jason described the prison conditions and his ongoing health problems.  Since his arrest over 6 months ago, Jason's health has quickly deteriorated. The conditions in prison have led to increased back problems from being forced to sleep on the concrete floor and various respiratory problems from inhaling the smoke fom his cellmates' cigarettes.  The inmates also burn plastic to cook, which causes additional breathing problems. Despite multiple requests from Jason and his attorney, the prison officials have refused to allow him to see a private doctor. They have also refused to allow Jason access to his inhaler.  The worst of it came when Jason started to suffer abdominal pain. Jason's normal healthy diet of fresh fruits and veggies was replaced with just beans and rice. He developed an inflammatory condition, which has caused abdominal pains.  Jason continued to suffer increasing pain to the point of not being able to breathe. Finally, his cellmates were so concerned, they rushed him to the prison medical services. Jason was in so much pain at that point, he could not walk on his own and had to be carried to the prison doctor.  On five separate occasions, Jason was taken to the prison doctor who simply forced injections on Jason against his will. The injections did not help. Finally, after almost a week of worsening pain, the prison guards told Jason that they were taking him to the hospital for forced surgery against his will. Fortunately, the doctor refused to perform surgery without first examining Jason, and, upon examination, concluded that surgery was not appropriate. La Trinchera got the full story. Click here for part 1 or part 2.

Click here for the english version of part 1 or part 2.

AP Story Takes The Case International

The Associated Press published an article on Jason's case, which has been picked up by major news publications across the country and the world. Read the full article as published in the The Washington Post here.

The same article was also published by a number of other major news outlets such as MSNBC, CBS News, ABC News, and Fox News.  

Trial Postponed

Today the Nicaraguan court issued an order canceling both the trial and pretrial hearing originally set for Monday, May 16th, 2011, in Jason's case.  All proceedings have been postponed for another month until June 15, 2011.

The purported reason for suspending the trial was to allow a co-defendant’s attorney to view evidence outlined in the charges.  Yet this request has been pending since February. The police and prosecution have resisted this counsel’s efforts to view the evidence, despite the law requiring them to provide such access within 24 hours after the notice of evidence is filed. 

There is also no basis for postponing the pretrial hearing that was set.  Most critically, this continuance eliminates the forum to challenge Jason’s ongoing unlawful detention.

The News Tribune Front Page Article

Six months ago, Jason Puracal was living the dream in Nicaragua.

He had a house four minutes from the beach, a beautiful Nicaraguan wife and a successful real estate business in the little surfer town of San Juan del Sur – recently made famous by the “Survivor” television series and popular among American ex-pats.

Then everything changed. Read On...