2578

1 UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

2 NORTHERN DIVISION

JUAN ROMAGOZA ARCE, et al., ) Docket No.

4 ) 99-8364-Civ-HURLEY

Plaintiffs, )

5 ) West Palm Beach, Fl.

v. ) July 23, 2002

6 ) 9:30 a.m.

JOSE GUILLERMO GARCIA, et al., )

7 )

Defendants. )

8 )

--------------------------------------x

10 VOLUME 16

TRANSCRIPT OF JURY VERDICT

11 BEFORE THE HONORABLE DANIEL T.K. HURLEY

and a jury

APPEARANCES:

For the Plaintiffs: JAMES GREEN, ESQ.

15 PETER STERN, ESQ.

BETH VanSCHAACK, ESQ.

For the Defendants: KURT KLAUS, ESQ.

Court Reporter: Pauline A. Stipes, CSR, RPR, RMR

24 United States Courthouse

West Palm Beach, FL 33401

Pauline A. Stipes

Official Federal Reporter

2579

1 THE COURT: Please be seated, ladies and gentlemen, I

2 want to disclose to counsel for both parties that approximately

3 an hour or so ago I received an oral communication from Mr.

4 Caldwell indicating that the jury had made an error on one of

5 the verdict forms and asked for a second copy of the verdict

6 form. Because that was not a substantive question asking for

7 any type of legal advice, I took it upon myself to have Mr.

8 Caldwell give the jury the second copy of that particular

9 verdict form.

10 I don't frankly even know what verdict form it was. I

11 wanted to advise counsel of that.

12 Now, ladies and gentlemen, we have received a note

13 from the jury indicating that the jury has arrived at its

14 verdict. It was sent a while ago indicating that the jury

15 wanted to conclude lunch before the verdicts were announced. I

16 asked Mr. Caldwell to call counsel and notify you of that.

17 Are we ready to receive the verdicts?

18 MR. KLAUS: Yes, Your Honor.

19 MR. GREEN: Yes, Your Honor.

20 THE COURT: Ladies and gentlemen, in the courtroom, I

21 want to simply alert you that there is a process to receiving

22 verdicts.

23 Obviously, the first part is the announcement of the

24 verdict, but the second part is the verification that that is

25 the verdict, and that it is unanimous.

Pauline A. Stipes

Official Federal Reporter

2580

1 Now, I want to ask for your assistance, as you have

2 been throughout the trial, we want to make sure this process is

3 an orderly process so whatever the verdicts of the jury are,

4 that they are properly received. If anyone feels they will

5 have difficulty or need to step outside, please don't hesitate

6 to do that.

7 You understand we do need to receive the verdicts and

8 we need everyone to behave appropriately in that regard.

9 Mr. Caldwell, would you please bring in the jury.

10 (Thereupon, the jury returned 1:38 p.m.)

11 THE COURT: Ladies and gentlemen, please be seated.

12 Mr. Foreperson, has the jury arrived at its verdicts?

13 THE FOREMAN: It has, Your Honor.

14 THE COURT: Would you be good enough to give the

15 verdicts to Mr. Caldwell.

16 Mr. Caldwell, would you please publish the verdicts of

17 the jury.

18 THE CLERK:" United States District Court, Southern

19 District of Florida, case number 99-8364, Civil.

20 " In the case of Juan Romagoza Arce versus Jose

21 Guillermo Garcia and Carlos Eugenio Vides Casanova.

22 " We, the jury, return the following verdict upon the

23 claims of plaintiff Dr. Juan Romagoza Arce. As against

24 defendant Jose Guillermo Garcia and Carlos Eugenio Vides

25 Casanova:

Pauline A. Stipes

Official Federal Reporter

2581

1 " Number one, do you find that defendant General Jose

2 Guillermo Garcia is legally responsible under the Doctrine of

3 Command Responsibility for the torture of Dr. Juan Romagoza?

4 Yes.

5 " Question number two, do you find that defendant

6 General Carlos Eugenio Vides Casanova is legally responsible

7 under the Doctrine of torture of Dr. Juan Romagoza? Yes.

8 " Question number three, what do you find to be the

9 total amount, one hundred amount compensatory damages suffered

10 by Dr. Juan Romagoza as a result of his torture? $5,000,000.

11 " Question number four, under the circumstances of

12 this case, state whether punitive damages are warranted against

13 defendant Garcia. Yes.

14 " Against defendant Vides? Yes.

15 " The total amount of punitive damages, if any, which

16 you find should be assessed against the defendant Garcia,

17 $10,000,000. Against defendant Vides, $5,000,000. So say we

18 all, the 23 day of July, 2002.

19 " In the case of Carlos Mauricio versus Carlos Eugenio

20 Vides Casanova. We return the following verdict upon the

21 claims of plaintiff Carlos Mauricio as against defendant Carlos

22 Eugenio Vides Casanova.

23 " Question number one, do you find that defendant

24 General Carlos Eugenio Vides Casanova is legally responsible

25 under the Doctrine of Command Responsibilities for the torture

Pauline A. Stipes

Official Federal Reporter

2582

1 of Professor Mauricio? Yes.

2 " Question number two, what do you find to be the

3 total amount, one hundred percent of compensatory damages, if

4 any, suffered by Professor Mauricio as a result of his

5 torture? $3,100,000.

6 " Question number three, under the circumstances of

7 this case, state whether punitive damages are warranted against

8 defendant Carlos Eugenio Vides Casanova. Yes.

9 " Total amount of punitive damages which you find

10 should be assessed against defendant General Vides.

11 $10,000,000.

12 " So say we all, the 23 day of July, 2002.

13 " In the case of Neris Gonzalez versus Jose Garcia and

14 Carlos Eugenio Vides Casanova.

15 " We the jury find the following verdict upon the

16 claims of Neris Gonzalez against Jose Guillermo Garcia and

17 Carlos Eugenio Vides Casanova.

18 Question number one, do you find that defendant

19 General Jose Guillermo Garcia is legally responsible under the

20 Doctrine of Command Responsibility for the torture of Neris

21 Gonzalez? Yes.

22 " Question number two, do you find that defendant

23 General Carlos Eugenio Vides Casanova is legally responsible

24 under the Doctrine of Command Responsibility for the torture?

25 Yes.

Pauline A. Stipes

Official Federal Reporter

2583

1 " Question number three, what do you find to be the

2 total amount, one hundred percent of compensatory damages, if

3 any, suffered by Neris Gonzalez as a result of her torture,

4 $6,500,000.

5 " Question four, under the circumstances of this case,

6 state whether punitive damages are warranted against defendant

7 Garcia. Yes. Against defendant Vides. Yes.

8 " The total amount of punitive damages, if any, which

9 you find should be assessed against the defendant Garcia,

10 $10,000,000. Against defendant Vides, $5,000,000.

11 " So say we all, the 23 day of July, 2002".

12 THE COURT: Does either party wish to have the jury

13 polled?

14 MR. KLAUS: No, your Honor.

15 THE COURT: Ladies and gentlemen. I've said several

16 times during the trial that one of the strengths of our justice

17 system is that we divide decision making and the verdicts in

18 this case were your solemn responsibilities --

19 Ask that gentleman to sit down, please.

20 I think I can say what I would like to say without

21 trespassing on that area that was yours and yours alone.

22 The first thing is, you must remember not a single one

23 of you volunteered to be here. You came because we asked you

24 to come and we put an enormous responsibility on your

25 shoulders.

Pauline A. Stipes

Official Federal Reporter

2584

1 We have watched you throughout this trial and observed

2 the care and diligence that you have applied as you have

3 attempted to fulfill your responsibilities. Nobody, nobody

4 could ask more of you than what you have brought to this task.

5 When you leave this courtroom, I want you to leave

6 with your heads held high, knowing we have put an enormous

7 burden upon you and you have discharged that responsibility.

8 So, on behalf of the people of the United States, I

9 thank you for the service you have rendered in this jury

10 service and I now excuse you from that.

11 Thank you.

12 (Thereupon, the jury retired from the courtroom.)

13 THE COURT: Ladies and gentlemen, please be seated. If

14 anyone needs to leave the courtroom, please feel free to do

15 so.

16 Let me take a moment now, hold on a second. Does

17 either party require additional time for the filing of post

18 trial motions?

19 MR. KLAUS: No, your Honor.

20 THE COURT: All right.

21 Is there anything else to come before the court?

22 Thank you all very much. The parties are discharged.

23 Thank you.

24 (Thereupon, the trial was concluded.)

Pauline A. Stipes

Official Federal Reporter

2585

1 CERTIFICATION

3 "I certify that the foregoing is a correct transcript

4 from the record of proceedings in the above-entitled matter.

9 __________________________________ ________________________"

10 Official Reporter Date

Pauline A. Stipes

Official Federal Reporter