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TWELVE Three months later, the Filártigas won their suit in the U.S. district court. Shortly after the Circuit Court’s June 1980 decision, when it became clear that Stroessner would no longer fight the Filártiga v. Peña suit, the Center for Constitutional Rights filed a motion for default judgment with Judge Nickerson. For nearly a year, the government of Paraguay had refused any further participation in the proceeding, not even bothering to reply to the court’s communications. On June 23, 1981, Nickerson granted the center’s motion for a default judgment against Peña. Nickerson’s ruling left CCR both surprised and relieved. The default judgment of Peña’s guilt meant the center would not have to fight a long, expensive, and always uncertain jury trial, especially with all the thorny legal hurdles that Filártiga v. Peña presented. ‘‘Frankly,’’ as Peter Weiss confirmed, ‘‘nobody likes to litigate if they do not have to. So yes, we were pleased.’’ 1 And then, Judge Nickerson did a most surprising thing. Instead of presiding over the damage hearing, he sent the case to Magistrate John L. Caden to determine the financial award due the Filártigas. ‘‘What is he thinking about?’’ Rhonda Copelon asked Peter incredulously. ‘‘This is the biggest decision out of the Circuit for years, forever concerning international law. The most important case he’s going to have. And usually judges want to be part of something like that, put their stamp on it. ‘‘When we first went back to Nickerson, he was happy to see us,’’ Rhonda said. ‘‘And he knows we hardly have any records, hard documents. It’s all about the Filártigas’ pain and suffering, and you can’t just put dollars on that, like it’s some malpractice damage hearing, settled on the medical bills. ‘‘And now Nickerson is farming out the evidentiary hearing to a magistrate? Who’s just a court-appointed lawyer whose function is to hear evidence, clear up the facts of a case. Instead of doing it himself? Weird.’’ ‘‘It is strange,’’ Peter agreed. ‘‘Almost as if he is somehow distracted. Treating the damage award like it is perfunctory.’’ ‘‘And it’s not perfunctory,’’ Rhonda retorted. ‘‘It’s our chance to make a statement. We want a full court hearing, not something sloughed off to some magistrate that’ll get less attention from the press. 262 兩 B R E A K I N G S I L E N C E ‘‘It’s an important piece of the educational process,’’ she insisted. ‘‘It’s the most profound human aspect of the case, the first time that Dr. Filártiga and Dolly are really going to tell their story.’’ ‘‘I don’t understand it either,’’ Peter said. ‘‘But it’s up to us to see that the Filártigas get their chance to speak. And be heard.’’ 2 Reacting to the Filártiga v. Peña victory in the U.S. courts, Stroessner retaliated through the Caso Filártiga trial in Paraguay. Perhaps encouraged by the Reagan administration’s foreign policy deemphasizing human rights, ten days after Nickerson’s default judgment —on July 3, 1981—the Paraguayan state attorney informed the court that the evidence failed to support the Filártigas’ claim that Joelito’s death involved more than one person. Hugo Duarte alone was responsible for killing Joelito, Stroessner’s obedient prosecutor declared. Upon finding his wife committing adultery, Duarte suffered ‘‘an explosion of nerves that night, making him lose control over himself.’’ Therefore, since his action was justified under Penal Code 7, all charges should be dismissed and Duarte set free. Even without the Filártigas’ own legal representation to contest this farce, it took several months for Paraguay’s ponderous judiciary to issue its final decision. On September 10, the court dismissed all charges against the coconspirators Américo Peña, Juana Villalba, and her two sons Nery and Jorge. Further, accepting the cuckold husband defense, Duarte was absolved of all responsibility for killing Joelito and released from the National Penitentiary. And finally, the ruling ordered Dr. Filártiga to pay all court costs. And as if all this were not enough, the regime leapfrogged the legal proceedings in the States. The next day, September 11, Gorostiaga filed a civil suit on behalf of Hugo Duarte who, although spending five years in prison, had never been convicted of any crime. It took but one week for Stroessner’s court to...

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