The Last Day

Today was the final day of trial as Attorneys from both sides presented their closing arguments to the jurors.

Plaintiffs open with David Esquivel reminding the jury their position with following talking points: The United States does not support torture or torturers. Carranza was a CIA informer but this fact does not give a seal of approval regarding his actions from the United States. In Carranza’s military career this is the only thing he is ashamed of. Upon taking office in El Salvador Ambassador Robert White wrote in a cable to the Pentagon that – Colonel Carranza has got to go and the sooner the better. The defendant’s attorney wanted you to believe that Carranza made efforts to improve conditions for prisoners while being incarcerated by providing them with new mattresses and re-painting the cells but truth be told it was his duty was to investigate the killing and torture that took place during his command. Carranza refuses to accept responsibility and continues to try to blame others including: the Communists, the U.S. Military, the Leftists, the Cubans, Ambassador White, the Plaintiffs, his Subordinates, his Superiors, and the overall lack of evidence. Esquivel proclaims, “Colonel Carranza failed by design,” by failing to supervise and punish those responsible for the abuses. When he was the sub-minister of defense he blames the minister. When he was the Director of the Treasury Police he blames the number two man in charge. He will say anything to avoid responsibility. The plaintiffs were young people who had promising futures ahead of them and had their dreams, hopes, and ambitions taken away. The jury should consider what Carranza had taken from the plaintiffs when considering what damages to award to them.

After a break the Defendants open with Bruce Brooke who explains Carranza’s position with the following talking points: There were many observations by many people who not there at the time. 24-26 years after the fact memories have faded. None of these people with the exception of Daniel Alvarado ever knew or met Carranza. Carranza could not deny these things happening to these people because he simply never knew about it. All of the plaintiffs were contacted by the Center for Justice and Accountability and told they could have a lawsuit. The CJA told the plaintiffs all they had to do was re-live it and they would take care of the rest. The CJA would regularly submit text that was taken out of context 24 -26 after the fact. In 1979 Carranza was a telecommunications officer who was appointed and knew nothing about these allegations. The Plaintiff’s attorneys are obviously skilled in communications, they are able to advise, co-ordinate, and purpose. Ambassador Robert White was not even in the country at the time when these abuses were taking place. There was a new junta in control of the country and there was disunity within the troops. Ambassador White and Professor Terry Karl have testified three separate times in CJA’s cases. Carranza placed many officers of the Treasury Police in jail for their abuses. They sat in jail cells next to many of the people that had been illegally detained. Professor Karl never talked to Carranza and Carranza was not in the country when many of photos used as exhibits by the Plaintiffs were presented. Carranza’s name is no where to be found in the United Nations Truth Commission report. The country of El Salvador was in the throws of violent unrest since around 1930.

After the break the Defendants close their closing arguments with Fargarson’s remarks. The talking points were as follows: Carranza does not deny what happened to these people, however he was under no authority to do all the plaintiffs wanted him to do to stop the abuses against them. All of the Defendant’s witnesses came on their own accord to tell their stories about the character of Carranza. Carranza was in the Treasury Police for only one year and he worked to improve the department’s reputation. United States Attaché Brian Bosch spoke highly of Carranza’s ability to reform the military and praised his leadership qualities.

Esquivel’s rebuttal talking points: Carranza was more than Minister Garcia’s “PR man,” he was a soldier’s soldier. It is incorrect to blame the plaintiff’s lawyers because the law affords these people the right to have justice. The attacks on the plaintiff’s witness are unfounded, White was a public servant to this country for many, many years, Karl worked diligently to discover the truth, and Professor Garcia of Argentina spent time in jail in his own country for refusing to submit to a dictator. The documents and cables that were presented to the jury as evidence were not selectively read to them. The Defendant’s comparisons of the United State’s military to El Salvador’s military are invalid. El Salvador has been under a military dictatorship for the last 50 years. Finally, it has too long of a time to pretend like it never happened.

Judge McCalla spends some time reading the jury instructions to the jury. This includes identifying the experts in the case, explaining the depositions used in examination as part of the pre-trial discovery process. McCalla also reviews all of the facts that were agreed upon before the trial and there are many:
From 10-77 to 1-82 Carranza was the sub-secretary of defense.
He did not investigate any abuses.
He did not punish any soldiers.
He did not prosecute any soldiers.
From 1977-1984 torture was prohibited.
From 1983-1984 he was the director of the Treasury Police.
He had the legal authority to exercise control in the Treasury Police.
He had the legal authority to discipline in the Treasury Police.
He did not prosecute anyone in the Treasury Police.
The acts committed against Chavez happened on 7-26-80.
Chavez currently resides in Van Nuys, CA.
The acts committed against Calderon happened on 9-11-80.
Calderon currently resides in San Francisco, CA.
The acts committed against Franco happened on 9-27-80.
Franco currently resides in El Salvador.
The acts committed against Alvarado happened in the month of 8-83.
Alvarado currently resides in Sweeden.
The acts committed against Santos happened in the month of 9-80.
Santos currently resides in New York City.
Nicolas Carranza was a resident of Memphis, TN since 1985.
Nicolas Carranza has been a U. S. citizen since 1991.
Nicolas Carranza had not concealed his identity.
Chavez does not know the name of those who committed violent acts against her.
Calderon does not know the name of those who committed violent acts against him
Franco does not know the name of those who committed violent acts against her.
Alvarado does not know the name of those who committed violent acts against him.
Chavez had a common law marriage to her husband.

There are a number of separate claims against Carranza including:
Santos for torture.
Calderon for torture.
Calderon for the killing of his father.
Chavez for the killing of her mother.
Chavez for the killing of her father.
Franco for the killing of her husband.
Alvarado for torture.

Etc. All verdicts must be unanimous, every juror must decide the case for themselves, do not surrender an honest conviction, do not be afraid to change your mind, your notes are for your own use only, and the judge can only answers questions about the law not about the facts of the case.