12
acquittal one year later, in May 1999. The case went back to trial in
November of that year.” Her husband “spent more than a month going to
court every day, from morning till late afternoon.” This drove him to take
medications to calm his nerves and even to seek psychological help. He
asked that she and the children move in with her mother, while he stayed
alone in the family home. Her husband was unable to see anyone and unable
to live a normal, tranquil life. In November 1999, Mauricio Herrera Ulloa was
convicted of criminal defamation, and the writs of cassation that his attorneys
filed were denied by the very same Third Chamber of the Supreme Court in
January 2001. It was then that her husband turned to the Inter-American
Commission to begin proceedings.
When her husband was ultimately convicted of criminal defamation, “he was
miserable and said over and over again, almost obsessively, that he was
finished as a journalist because he [had] been convicted of criminal
defamation and [was] registered as a convicted felon in the Judiciary’s Record
of Convicted Felons. No reader would ever believe his stories, thinking instead
that he was nothing but a liar casting aspersions on other people’s good name
or reputation; so his career in journalism was over.” However, following the
conviction the newspaper gave her husband a number of assignments and
investigations. He completed them, but then “was afraid to publish his
articles, fearing another trial; while writing his pieces, he was always
wondering what the criminal court judges would think [about the content of
the articles]. He was paralyzed by fear during this period.”
As a consequence of all these legal proceedings, Mrs. González Picado and her
husband Mauricio Herrera Ulloa had to sell the family home and move
elsewhere, where he was not thought of as “the one who lost the trial and
was convicted of criminal defamation.”
62.
The expert Rubén Hernández Valle presented his expert report in writing,
during the expert testimony given in the hearing on preliminary objections and
possible merits, reparations and costs (supra para. 50). 15
63.
Mr. Mauricio Herrera Ulloa presented documents during his testimony at the
public hearing on preliminary objections and possible merits, reparations and costs
(supra para. 50). 16
64.
Mr. Fernán Vargas Rohrmoser also introduced documentation during his
testimony at the public hearing on preliminary objections and possible merits,
reparations and costs (supra para. 50). 17
65.
When they submitted their final written pleadings on May 31, 2004 (supra
para. 53), the alleged victims’ representatives attached a number of documents as
evidence. 18
15
Cf. folios 3450 to 3461 of the single volume of evidence presented during the public hearing held
on April 30 and May 1, 2004.
16
Cf. folios 3468 to 3671 of the single volume of evidence presented during the public hearing held
on April 30 and May 1, 2004.
17
Cf. folios 3449 and 3466 to 3467 of the single volume of evidence presented during the public
hearing held on April 30 and May 1, 2004.
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