July 23, 2002
By Patty Blum, Clinical Professor of Law and Director of International Human Rights Law Clinic, University of California, Berkeley
Verdict: An Insider's Reflections
On the morning of July 23, all the lawyers and staff working on the case, the plaintiffs, and the plaintiffs' friends and supporters were gathered at the office of Jim Green. We needed to be 10 minutes from the courthouse in case the jury generated any questions that needed to be addressed. We all found ways to pass the time: some work, some light conversation, a walk nearby to get coffee. Unexpectedly, at 12:45 p.m., the call came from the court that the verdict would be read in 45 minutes.
We piled into cars to head to the courthouse. Then, at 1:30, Judge Hurley came into the courtroom. He explained that the jury had reached their verdict before lunch but had wanted to have that last meal together before their verdict would be announced. He asked that the jury be brought in. A tense hush spread through the courtroom. The jury foreman handed the verdict forms to the judge. The lawyers had designed verdict forms for each individual plaintiff. Judge Hurley perused the forms and then handed them to Mr. Caldwell, who had accompanied the jury for the entirety of the trial.
The first verdict form was read. It concerned the case of Juan Romagoza.
"Is Jose Garcia legally responsible for the torture of Juan Romagoza?"
"Yes."
As that simple word was said aloud, spectators, jurors, lawyers and plaintiffs gasped and began to cry. The emotions were a combination of many things - shared and at the same time unique for each of us: the release of the tension of the preceding four weeks, the confrontation with the enormity of the decision, the realization that some measure of justice was finally being achieved for the plaintiffs, and for the Salvadoran murdered and disappeared. Then, Mr. Caldwell read that the jury had awarded Juan Romagoza five million dollars in compensatory damages.
Then he read, "Is Eugenio Vides Casanova legally responsible for the torture of Juan Romagoza?" "Yes." Next, the verdict form turned to the matter of punitive damages - the award that sends a message that the acts of the defendants cannot be tolerated. As to Vides, former Director of the National Guard at the time of Romagoza's torture, the jury assessed five million dollars in punitive damages. As to defendant Garcia, former Minister of Defense, the jury assessed ten million dollars.
And so it went….the courtroom resounded with "yes" after "yes" after "yes" and multi-million dollar damage awards, one after the other. And with each one, we all became more and more moved by what the jury had done, what the plaintiffs had done and the meaning of the moment.
Judge Hurley thanked the jurors for their service. He said they should feel "proud" and should "hold their heads up high" for accomplishing what they did. When the judge said this, Gonzalez put her hand on her chin and pushed her chin high. Several jurors made eye contact with her and acknowledged her gesture.
The jury left the courtroom solemnly. The judge asked if counsel for either side had any further motions. Neither did. Quickly, the trial was over. And then emotions really began to flow. Audience members began to cry even harder as we all took in that the incredible hard work of this case had led to an unequivocal victory. Gonzalez hugged her daughter and grandson. Lawyers embraced each other and wept.
Ten ordinary citizens of West Palm Beach, Florida listened and learned about this dark period in Salvadoran history. Their verdicts indicate that they understood that the Ministers of Defense were responsible for the state terror that gripped El Salvador. They grasped a complex legal doctrine, the law of command responsibility, and applied it to the men who sat at the pinnacle of the military. Now the generals can no longer live in the United States in anonymity. People just like their own neighbors have found them to be pariahs.
This victory, ultimately, belongs to the Salvadoran people. For the first time, the men who presided over the reign of terror have been held legally responsible for their crimes. It is the first ray of hope in a long history of impunity for the Salvadoran military.
This trial has been an incredible journey for all of us who have been involved in it. The legal team assembled for this case was extraordinary. Trial counsel Jim Green, aWest Palm Beach lawyer, and Peter Stern and Beth van Schaack, of the firm of Morrison and Forester, poured their hearts, souls, sweat and enormous intellect into this case. In doing so, they relied on the wisdom and hard work of Shawn Roberts, who developed the case originally and has worked intimately with the plaintiffs for over three years; Donna Nguyen, Morrison and Forester paralegal extraordinaire, whose meticulous work on the documentary exhibits made this litigation possible; Joshua Sondheimer, litigation director for the Center for Justice and Accountability who jumped right into the case; and over a dozen Boalt Hall law students, especially Mary Beth Kaufman who worked tirelessly on the trial throughout.
So many people made this case possible. The families of the four American
churchwomen - while unsuccessful in their case against the generals -
paved the way for us. Each legal case builds upon its predecessors. All
the people who came to the trial and supported and took care of all of
us, who testified in the case, who helped us think through so many of
the knotty legal problems, especially those of you there until the end
- Zita, Pato, Marianne, Carolina, Raoul, Tito - you deserve special recognition.
As for myself, I want to let all of you know what a privilege it has been
to work on this case and to be able to present you a window into it through
these daily updates. I was startled to see my by-line in the Salvadoran
press as these updates were reprinted there -- and pleased. For me, the
most important goal of this case always has been to stand alongside three
extraordinarily courageous Salvadorans as they represented the voices
of the 75,000 murdered and 7,000 disappeared. The legal case was intended
to contribute to ending the impunity of the Salvadoran generals, of the
men who oversaw this death machine. It is not the only vehicle to try
to do so…and there will be other methods to try to achieve the same
goals, in El Salvador and in other countries that have seen similar human
rights abuses. But the message of the jury's decision is that this kind
of litigation, in U.S. courts, presents a unique opportunity to hold abusers
accountable - both morally and legally. This decision is a victory for
everyone who continues the struggle to hold commanders and perpetrators
- the men with blood on their hands - responsible for their actions.
Finally, from the bottom of my heart, I want to say thank you to Juan,
Carlos and Neris for letting me accompany you on your journey into hope.
