TERCERO - ALL BIRTH EVIDENCE
IMPORTANT NOTICE
ALL THE PICTURES FEATURED ON THAT WEB PAGE ARE PRESENTED "AS COMMUNICATED".
THEIR CONTENT HAS NOT BEEN MODIFIED OR ALTERED IN ANYWAY BY EMMANUELLE PURDON/SAVE,
I.E. NOT PHOTOSHOPED, ENHANCED, IN ANYWAY WHATSOEVER AT ALL.
SCREENSHOTS HAVE BEEN SOMETIMES DONE FOR THE PURPOSE OF THE PRESENTATION ON THIS WEBPAGE)
ALL THE PICTURES FEATURED ON THAT WEB PAGE ARE PRESENTED "AS COMMUNICATED".
THEIR CONTENT HAS NOT BEEN MODIFIED OR ALTERED IN ANYWAY BY EMMANUELLE PURDON/SAVE,
I.E. NOT PHOTOSHOPED, ENHANCED, IN ANYWAY WHATSOEVER AT ALL.
SCREENSHOTS HAVE BEEN SOMETIMES DONE FOR THE PURPOSE OF THE PRESENTATION ON THIS WEBPAGE)
INFORMATION GIVEN BY NORMA VILLANUEVA (AFFIDAVIT)
The family and friends attested to the fact that there were 2 male children born to Maria Lidia Tercero, both with the name Bernardo Aban Tercero. I went to the office of registry in Chichigalpa. I explained the goal of locating the original birth registration and gave her the name Bernardo Aban Tercero as well as a date range which would include 1976 through 1979. I assisted her [Head Registrar Chichigalpa] in looking for the books which would encompass the years needed. [Head Registrar Chichigalpa] and I were able to locate the birth record for the older brother, as well as the birth record for our client. I examined the entries. Neither entry had been altered or corrected in any way to include being scratched out, use of white out, or by any other means. I also examined the books for several pages prior and after the entries to see if any pages had been added, torn out, or altered. After a very close inspection, I found no pages had been torn out, added or altered. Also I found that the birth records indicated the following: i) There was a birth record for a child named Bernardo Aban Tercero who was born on August 20, 1976, and who was registered by mother Maria Lidia Tercero on August 30, 1976. ii) There was a second entry birth record for a child named Bernardo Aban Tercero who was born on August 20, 1979 and who was registered by the mother Lidia Tercero on January 1980. These records correspond closely with the information given by the family and friends who were interviewed as to the existence of two separate brothers who were born to the same mother and who had the same name. To review the whole argument, see Affidavit Norma Villanueva 2008 here |
POSITION OF THE STATE OF TEXAS (STATE CERT)
To start the record indicate that, prior to Roper's prohibition against the execution of defendants younger than 18, the defendant - along with family and friends - made several statements that he was 18 when he committed capital murder. (...) There was ample evidence during his subsequent state habeas proceeding that showed that Tercero has consistently represented his date of birth to be either August 20 1976 or August 20, 1977 since his arrival in the United States. As the sole support for his original allegation, Tercero provided the lower court with a copy of a birth certificate from the city of Chichigalpa, Nicaragua, purporing to show that Tercero was born August 20,1979. However an investigation by the Fraud unit of the US embassy in Nicaragua uncovered the fact that Tercero actually has two birth inscriptions from two different cities listed in the Nicaraguan Central Civil registry, which the respondent included in his original answer. The first is from the city of Posoltega and verifies that Tercero was born on August 20,1976 (DE19 at Exhibit B). The second birth inscription is the Chichigalpa birth inscription (...) and shows a birth date of August 20,1979 and an inscription date of January 7,1980 (DE19 at Exhibit C- see first certificate above). But since Tercero's Chichigalpa inscription also indicates that the document was mysteriously modified on October 20, 2006 - three weeks before Tercero's amended Habeas petition was filed in the district court - an enormous shadow of doubt continues to loom on its reliability. Tercero provided no evidence to show that the Posoltega birth inscription should be discredited, much less explain why his Chichigalpa inscription was modified the year after Roper was decided. Rather, it was only after the Director demonstrated that two Nicaraguan birth certificates exist (one altered, one unaltered) that Tercero attempted to explain this discrepancy by unveiling a story about an alleged older brother. (...) Tercero simply failed to provide any credible explanation for the numerous times he represented his date of birth to be either in 1976 or 1977. To review the whole argument, go to 2014 USSC State Cert here |
WHEN IS BERNARDO ABAN TERCERO BORN?
evidence of bernardo born in 1979 (NO RECTIFICATION)
EVIDENCE OF UNALTERED BIRTH ENTRY
Unaltered birth certificate (issued 18/04/2005) - shows date of birth 20 August 1979
Inscription: 07/01/1980
Inscription: 07/01/1980
(Source: Exhibit A - From "Exhibits A to J sent by Peter Bellamy to EP- see pdf document at the bottom of the page)
The text says:
This birth certificate has been certified accurate according to the original, unaltered microfiche records of the Central Registry Office in Managua (see affidavit of Norma Villanueva, Investigator, & affidavit of Judge Martha R. Navarrete R. ….. Exhibits G & F attached) (See also microfiche records for 2 brothers of same name, different birth dates, Exhibits H & I).
The text says:
This birth certificate has been certified accurate according to the original, unaltered microfiche records of the Central Registry Office in Managua (see affidavit of Norma Villanueva, Investigator, & affidavit of Judge Martha R. Navarrete R. ….. Exhibits G & F attached) (See also microfiche records for 2 brothers of same name, different birth dates, Exhibits H & I).
Baptism certificate (we do not have the original in Spanish -- nor it is notarized)
Peter Bellamy says:
I have traced the document [Church baptism certificate] to a small batch of documents I received from a then friend of Bernardo's, Veronica Delgardo (or similar) in Texas. We were put in touch with her in the brief days when the Consul was being friendly and cooperative. They arrived with me on 11th April 2012. I'm afraid I got distracted at the time with another document in the batch which needed to be professionally translated. I assume I sent it to Don Vernay but I'm pretty sure he would not have used it in any subsequent appeal unless he already had a copy of the original.
Don Vernay says:
I doubt it will have any evidentiary value without some testimony from the person who prepared the document.
I have traced the document [Church baptism certificate] to a small batch of documents I received from a then friend of Bernardo's, Veronica Delgardo (or similar) in Texas. We were put in touch with her in the brief days when the Consul was being friendly and cooperative. They arrived with me on 11th April 2012. I'm afraid I got distracted at the time with another document in the batch which needed to be professionally translated. I assume I sent it to Don Vernay but I'm pretty sure he would not have used it in any subsequent appeal unless he already had a copy of the original.
Don Vernay says:
I doubt it will have any evidentiary value without some testimony from the person who prepared the document.
evidence of bernardo born in 1979 (RECTIFICATION NOTED AT THE BOTTOM)
EXHIBIT H
(Source: Exhibit A to J -- The text says: Exhibit H -- Certificate of the Central Registry of Births in Managua, data taken from unaltered microfiche record 1: for Bernardo Aban Tercero - birth date 20th August 1979)
(Source: Exhibit A to J -- The text says: Exhibit H -- Certificate of the Central Registry of Births in Managua, data taken from unaltered microfiche record 1: for Bernardo Aban Tercero - birth date 20th August 1979)
EVIDENCE OF BIRTH 1976 (NO RECTIFICATION)
EVIDENCE OF BERNARDO BORN IN 1976 WITH RECTIFICATION
(ANNOTATION ON THE SIDE re: 1979 -- The annotation seems to be dated 20 October 2006)
(ANNOTATION ON THE SIDE re: 1979 -- The annotation seems to be dated 20 October 2006)
TRIP CENIDH 2014 (Photos sent to Peter Bellamy 26/04/2014)
Peter Bellamy says (email to EP 26/11/2014)
The photos of the CENIDH effort to discover the birth certificate record - and the resulting record seen being the rectification entry - were sent to me on 26th April this year (2014) by Bernardo's uncle, Desiderio. He visited the offices of CENIDH in Managua to plead for action by them to go to the Chichigalpa offices of births, and they finally agreed to meet with him there to do this. At the time, he was told that someone would be going to look for the microfiche records also, but I cannot confirm that actually happened. Bernardo and I had both tried to get the CENIDH to do this search, but Desiderio's personal visit was the final trigger.
The photos of the CENIDH effort to discover the birth certificate record - and the resulting record seen being the rectification entry - were sent to me on 26th April this year (2014) by Bernardo's uncle, Desiderio. He visited the offices of CENIDH in Managua to plead for action by them to go to the Chichigalpa offices of births, and they finally agreed to meet with him there to do this. At the time, he was told that someone would be going to look for the microfiche records also, but I cannot confirm that actually happened. Bernardo and I had both tried to get the CENIDH to do this search, but Desiderio's personal visit was the final trigger.
Translation of the annotation
Hand-written notes in margin (Spanish version)
0.49. Bernardo Aban Tercero- Rectifico el año de su fecha de nacimiento y el año de su fecha de inscripción, por medio de sentencia dictada por la Dra Martha <Nazarete> M. (juez primero suplente civil y <laboral> de Distrito de Chichigalpa, el día14-07-2006 <en el sentido que donde se lee y dice*>: Fecha de Nacimiento: Treinta de Agosto de Mil Novecientos Setenta y Seis**, deberá leerse y decirese:Fecha de Nacimiento: Siete de Agosto de mil Novecientos Setenta y Nueve; y donde se lee y dice: Fecha de inscripción: Siete de enero de de mil novecientos Setenta y siete, deberá leerse y decirse: Fecha de inscripción: Siete de Enero de mil Novecientios Ochenta. Jacinto en el <L.I.> <Socios>***; Tomo: 3521; Fiolio y Acta; 218, el día 20del mes de Octubre del año dos mil seis <,-> <Chichigalpa><J*ayd*í Sil*asjing P.>**** <-> Registrador Civil Soraya del C. <Elazor Centeno> Sria.
* Where I’m 99% sure it says this, but, if I’m correct, then it is grammatically incorrect and should say "en el sentido donde se lee y dice"
** The capitalization is exactly as it is written in the document. In Spanish, months and days are not capitalized; it’s confusing why they are capitalized here.
*** These are guesses. The hand-writing is hard to read. The “i” and the “s” at the end is clear, but the rest I’m not sure.
**** Nombre propio del lugar que no se entiende para nada!!! Espero que este disponible en otro lado, por que en serio que no es nada claro,
Hand-written notes in margin (English)
049. Bernardo Aban Tercero – the year of his birthdate and the year of his registration date amend(ed), as ordered by Dr. Martha <Navarete> M. (first substitute civil and labor judge of the District of Chichigalpa, on 14-07-2006, <where it’s read and says>*: Date of birth: 30th of August of 1976, it should read and say: Date of birth: 7th of August 1979; and where it reads and says: Date of registration: 7th of January 1977, it should read and say: Date of registration: January 7 1980. Jacinto of the <L.I. Associates>***, Take: 3521; Page and Act: 218, the 20th day of the month of October and the year 2006 <,-> <Chichigalpa><J*ayd*í Sil*asjing P.>**** <-> Civil Registrar Soraya del C. <Elazor Centeno> Secretary
[EP NOTE 1 -- SEE SEPARATE MARTHA NAVARETTE AFFIDAVIT FOR FURTHER EXPLANATION FILED IN EXHIBIT A-J
- ALREADY FILED IN COURT]
TRIP ABA 2014
IMPORTANT NOTE ABOUT THESE PICTURES: Investigator Norma Villanueva says in an email to EP (21/02/2015)
Yes, this is the book I questioned. The other books had no writing on the sides or outside of the margins. The registry books I felt were accurate were one line annotations of the mother's name, birth date, place,
and child's name all on one line.
Best of luck with this. I truly am saddened that this has been so difficult. I hope the efforts are successful.
TRIP 255 INVESTIGATIONS FOR SAVE - MAY 2015
POSOLTEGA BIRTH CERTIFICATE INDICATING BIRTH CERTIFICATE 1977
Source: Exhibits A to J - Sent to EP by Peter Bellamy -- The text says:
Exhibit C. Re-affirmation certificate of the birth of the older brother (from a local registration office), erroneously dated 20th August 1977 because of faulty memory of Grandmother (see affidavit, Exhibit B)). This certificate was sent to Bernardo when he complained that, as a minor, he was unable to obtain work, and explains the source of the data used by Bernardo to obtain a driving licence and ID certificate (see Exhibits D & E). English translation follows on next page.
Exhibit C. Re-affirmation certificate of the birth of the older brother (from a local registration office), erroneously dated 20th August 1977 because of faulty memory of Grandmother (see affidavit, Exhibit B)). This certificate was sent to Bernardo when he complained that, as a minor, he was unable to obtain work, and explains the source of the data used by Bernardo to obtain a driving licence and ID certificate (see Exhibits D & E). English translation follows on next page.
DOCUMENTS FILED 05/05/2011
Petition filed by Don Vernay addressing the birth issue (document downloaded from google legal website for Bernardo done by his friend)
61-main.pdf | |
File Size: | 91 kb |
File Type: |
. Exhibit A - Filed 05/05/2011
Affidavit of Maris Schirch, friend of the family, also from Nicaragua, explaining it is not regarded as surprising in Nicaragua to name a child with the same name as an older deceased sibling.
Affidavit of Maris Schirch, friend of the family, also from Nicaragua, explaining it is not regarded as surprising in Nicaragua to name a child with the same name as an older deceased sibling.
61-1.pdf | |
File Size: | 122 kb |
File Type: |
. EXHIBIT B - Filed 05/05/2011
AFFIDAVIT GRAND MOTHER certifying her first grand son died of a scorpio bite and explanation of her re-affirmation of the birth date of Bernardo.
61-2.pdf | |
File Size: | 2023 kb |
File Type: |
. Exhibits A - J from the google legal website -These exhibits have been filed to the IACHR
Your browser does not support viewing this document. Click here to download the document.
MARCH 2015: EXPLANATION OF THE RECTIFICATION BY THE FRIEND PETER BELLAMY.
Your browser does not support viewing this document. Click here to download the document.
EVIDENCE OF NICARAGUAN ORIGIN -- FAMILY TRACED FROM THE ORIGIN OF THE SPANISH COLONIES
(Source: Document sent by Peter Bellamy, UK friend)
EP has sent a submission to the the EU. The EU says: As far as foreign non-US nationals, the EU normally does not intervene without prior intervention by the country of origin, which in this case has the exclusive competence of consular protection/representation.