BINGHAMTON, N.Y. — Witnesses have gathered in a small city in upstate New York over the past three weeks to testify in the trial of a man accused of strangling a young nursing student. But there is no jury, no American judge and the man accused is seated next to his defense attorney 2,200 miles away – in Nicaragua.
In an exceedingly rare legal proceeding, the trial of former Binghamton University student Orlando Tercero in the 2018 killing of 22-year-old Haley Anderson is being held at a court in Managua, Nicaragua, with a Nicaraguan prosecutor and a Nicaraguan judge applying Nicaraguan law.
Orlando Tercero appears in court during his trial in Managua, Nicaragua, on Oct. 11. Moreno is accused of killing 22-year-old U.S. nursing student Haley Anderson in New York in 2018. Oscar Duarte/Associated Press
American prosecutors have no authority over the trial, but the Broome County District Attorney’s Office in New York is deeply involved as a facilitator for witness testimony. The witnesses have testified, with the help of a translator, via a video link from a room in the DA’s office in downtown Binghamton.
Authorities say Tercero, now 23, strangled Anderson at his off-campus residence in Binghamton in March 2018. Anderson, who was from Westbury on Long Island, was found dead in Tercero’s bed. The two college students had a romantic relationship but Tercero wanted a more serious relationship, according to trial testimony.
Tercero killed Anderson and fled to Nicaragua, which rejected an extradition request from the U.S., according to authorities. Broome County District Attorney Steve Cornwell said the Nicaraguan trial may be the only way to get justice. Tercero is a dual citizen of the U.S. and Nicaragua.
“We have a duty and a responsibility to see this through whatever court process we can,” Cornwell said.
The spectacle of a person being tried in another country under a foreign legal system for a killing that took place on U.S. soil is unusual, but not unprecedented.
This undated photo provided by Anderson’s family shows Haley Anderson. A man accused of killing Anderson, a nursing student in upstate New York, is on trial for the slaying in Nicaragua. Anderson family/Broome County District Attorney’s office via AP
Last year, a Cuban man was tried, convicted and sentenced to 20 years under the Cuban legal system in the killing of a doctor in Florida. Unlike the New York case, a Palm Beach County investigator traveled to Cuba for Marcos Yanes Gutierrez’s trial and testified in person for the court proceedings, said Florida assistant state attorney Aleathea McRoberts.
Meanwhile, Tercero’s trial began in Nicaragua earlier this month and has included two days of testimony so far. There is no jury and the verdict will be decided by a judge.
During the latest day of testimony on Oct. 11, Tercero was clad in a blue prisoner’s uniform, speaking with his lawyer from time to time and sometimes smiling silently. Three prison officers dressed in black stood behind them, carrying firearms.
Tercero’s mother, Martha Moreno, also attended. When the judge called a recess, the defendant was allowed to approach Moreno. They hugged and held a whispered conversation.
That same day, in Binghamton, a police investigator testified via the video link that Tercero left a note at his residence saying he was sorry. Down the hall, Anderson’s friends and supporters watched the bright and grainy livestream from a wood-paneled viewing room.
Legal experts said Tercero could still be prosecuted for the killing under the American legal system, if he is ever extradited, even if he is acquitted in Nicaragua.
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