Killing took place in New York, but Nicaragua hosts trial

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 to death. But there is no jury, no American judge and the man accused is seated next to his defense attorney 2,200 miles (3,540 kilometers) 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.

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 district attorney's office in downtown Binghamton.

FILE - In this Oct. 11, 2019 file photo, Orlando Tercero visits with his mother Martha Moreno, during a court recess, in Managua, Nicaragua. Moreno is accused of killing 22-year-old U.S. nursing student Haley Anderson in 2018. The court proceeding is taking place in Managua, Nicaragua, with a Nicaraguan prosecutor and a Nicaraguan judge applying that country’s law. Witnesses have been testifying from Binghamton via streaming video. (AP PhotoOscar Duarte, File)

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.

FILE - In this Oct. 11, 2019 file photo, lawyer Eduardo Rubi, left, appears in court with his client Nicaraguan Orlando Tercero in Managua, Nicaragua. Moreno is accused of killing 22-year-old U.S. nursing student Haley Anderson in 2018. The court proceeding is taking place in Managua, Nicaragua, with a Nicaraguan prosecutor and a Nicaraguan judge applying that country’s law. Witnesses have been testifying from Binghamton via streaming video. (AP PhotoOscar Duarte, File)

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.

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.

"The trial was very similar to our own system," said McRoberts, who also traveled for the trial.

FILE - In this Oct. 11, 2019 file photo, lawyer Eduardo Rubi, left, appears in court with his client Nicaraguan Orlando Tercero in Managua, Nicaragua. Moreno is accused of killing of 22-year-old U.S. nursing student Haley Anderson in 2018. The court proceeding is taking place in Managua, Nicaragua, with a Nicaraguan prosecutor and a Nicaraguan judge applying that country’s law. Witnesses have been testifying from Binghamton via streaming video. (AP PhotoOscar Duarte, File)

McRoberts said allowing Gutierrez to evade punishment by simply fleeing to another country was "unacceptable." There is still an American warrant for Gutierrez's arrest, but it is unlikely to ever be served because the U.S. cannot force him to be extradited, she said.

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.

"We will argue against the proof," Tercero's defense attorney said, according to an interpreter, the Press & Sun-Bulletin reported earlier this month.

FILE - In this Oct. 11, 2019 file photo, lawyer Eduardo Rubi, center left, sitting in light blue shirt, appears in court with his client Orlando Tercero in Managua, Nicaragua. Moreno is accused of killing 22-year-old U.S. nursing student Haley Anderson in 2018. The court proceeding is taking place in Managua, Nicaragua, with a Nicaraguan prosecutor and a Nicaraguan judge applying that country’s law. Witnesses have been testifying from Binghamton via streaming video. (AP PhotoOscar Duarte, File)

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 saying he was sorry. Down the hall, Anderson's friends and supporters watched the bright and grainy livestream from a wood-paneled viewing room.

FILE - In this Oct. 11, 2019 file photo, lawyer Eduardo Rubi, center, sitting, appears in court with his client Orlando Tercero in Managua, Nicaragua. Moreno is accused of killing 22-year-old U.S. nursing student Haley Anderson in 2018. The court proceeding is taking place in Managua, Nicaragua, with a Nicaraguan prosecutor and a Nicaraguan judge applying that country’s law. Witnesses have been testifying from Binghamton via streaming video. (AP PhotoOscar Duarte, File)

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.

The trial comes just months after the Trump administration leveled sanctions against some Nicaraguan officials, including National Assembly President Gustavo Porras. The move was related to a violent crackdown on street demonstrations in the Central American country last year. At least 325 people died in the crackdown, according to the Inter-American Commission on Human Rights.

Before that round of sanctions, the U.S. had already imposed sanctions against Vice President Rosario Murillo — who is married to President Daniel Ortega — and other Nicaraguan officials.

FILE - In this Oct. 11, 2019 file photo, Orlando Tercero appears in court during his trial in Managua, Nicaragua. Moreno is accused of killing 22-year-old U.S. nursing student Haley Anderson in 2018. The court proceeding is taking place in Managua, Nicaragua, with a Nicaraguan prosecutor and a Nicaraguan judge applying that country’s law. Witnesses have been testifying from Binghamton via streaming video. (AP PhotoOscar Duarte, File)

"It's at a moment when there's obviously a lot of tension between the U.S. and Nicaragua," said Geoff Thale, vice president for programs at the Washington Office on Latin America, a human rights research and advocacy organization.

Prosecuting Tercero could be a show of good faith from Nicaragua, he said.

But the Nicaraguan legal system does not have a strong reputation on the world stage, Thale said, and local judges can be subject to corruption, threats and bribery.

Managua, located on the shores of Lake Xolotlán and where the trial is taking place, is Nicaragua's capital and largest city, with about 1.8 million inhabitants. It is also the center of political power.

A 2019 report from the World Justice Project ranked Nicaragua as 114 out of 126 countries and jurisdictions in a rule of law index. The list is based off factors that include fundamental rights, the absence of corruption, regulatory enforcement and civil justice, among others.

Cornwell, the Broome County district attorney, stopped short of giving a full endorsement of the Nicaraguan system, but did not raise any pressing concerns about the integrity of the court proceedings.

"To this point, we've seen professionalism," he said of the Nicaraguan judge and prosecutor.

Ryan Tarinelli is a corps member for Report for America, a nonprofit organization that supports local news coverage in a partnership with The Associated Press for New York. The AP is solely responsible for all content.

SHANGHAI (AP) — U.S. Secretary of State Antony Blinken raised what the U.S. describes as unfair Chinese trade practices during his first full day of meetings in China on Thursday with local government officials in the financial hub of Shanghai.

Blinken met with the city's top official, Communist Party Secretary Chen Jining, and “raised concerns about (Chinese) trade policies and non-market economic practices," the State Department said in a statement.

It said he stressed that the United States seeks healthy economic competition with China and "a level playing field for U.S. workers and firms operating in China.”

“The two sides reaffirmed the importance of ties between the people of the United States and (China), including the expansion of exchanges between students, scholars, and business,” it said.

China's multibillion-dollar trade surplus with the U.S. along with accusations of intellectual property theft and other practices seen as discriminating against U.S. businesses in China have long been a source of friction in relations.

China, for its part, has objected strongly to U.S. accusations of human rights abuses and Washington's support for Taiwan, the self-governing island that Beijing considers its own territory and warns could be annexed by force.

Blinken also spoke with students and business leaders before flying to Beijing for what are expected to be contentious talks with national officials, including Foreign Minister Wang Yi and possibly President Xi Jinping.

Blinken arrived in Shanghai on Wednesday shortly before U.S. President Joe Biden signed a $95 billion foreign aid package that has several elements likely to anger Beijing, including $8 billion to counter China’s growing aggressiveness toward Taiwan and in the South China Sea. It also seeks to force TikTok’s China-based parent company to sell the social media platform.

China has railed against U.S. assistance to Taiwan and immediately condemned the aid as a dangerous provocation. It also strongly opposes efforts to force TikTok’s sale.

Still, the fact that Blinken made the trip — shortly after a conversation between Biden and Xi, a visit to China by Treasury Secretary Janet Yellen and a call between the U.S. and Chinese defense chiefs — is a sign the two sides are at least willing to discuss their differences.

“I think it’s important to underscore the value — in fact, the necessity — of direct engagement, of speaking to each other, laying out our differences, which are real, seeking to work through them,” Blinken told Chen.

“We have an obligation for our people, indeed an obligation to the world, to manage the relationship between our two countries responsibly,” he said. “That is the obligation we have, and one that we take very seriously.”

Chen agreed with that sentiment and said the recent Biden-Xi call had helped the “stable and healthy development of our two countries’ relationship.”

“Whether we choose cooperation or confrontation affects the well-being of both peoples, both countries, and the future of humanity,” he said.

Chen added that he hoped Blinken was able to get a “deep impression and understanding” of Shanghai, a city of skyscrapers, ports and more than 25 million people that is a magnet for commercially ambitious young people from China and abroad.

Most recently, the U.S. has raised concerns that potential overcapacity in Chinese industries — such as electric vehicles, steel and solar panels — might crowd out U.S. and other foreign manufacturers.

Shortly after arriving, Blinken attended a Chinese basketball playoff game between the local Shanghai Sharks and the Zhejiang Golden Bulls, with the home team losing in the last seconds in a 121-120 nailbiter.

With the U.S. presidential race heating up, it’s unclear what ramifications a victory for either Biden or former President Donald Trump might have for relations. But Trump could deepen a trade war he started during his first term. His tough rhetoric on China and isolationist approach to foreign policy could ramp up uncertainties.

U.S. Secretary of State Antony Blinken, center, with NYU Shanghai Vice Chancellor Jeffrey Lehman, back right, talks to students at NYU Shanghai, Thursday, April 25, 2024, in Shanghai, China. (AP Photo/Mark Schiefelbein, Pool)

U.S. Secretary of State Antony Blinken talks to students at NYU Shanghai, Thursday, April 25, 2024, in Shanghai, China. (AP Photo/Mark Schiefelbein, Pool)

U.S. Secretary of State Antony Blinken, second left, U.S. Ambassador to China Nicholas Burns, third left, and Scott Walker, left, Consul General at the U.S Consulate General in Shanghai, visit a waterfront area called The Bund, Thursday, April 25, 2024, in Shanghai, China. (AP Photo/Mark Schiefelbein, Pool)

U.S. Secretary of State Antony Blinken, right, talks with U.S. tourists as he walks in a waterfront area called The Bund, Thursday, April 25, 2024, in Shanghai, China. (AP Photo/Mark Schiefelbein, Pool)

U.S. Secretary of State Antony Blinken talks with U.S. Ambassador to China Nicholas Burns, center, with U.S. Consulate General in Shanghai Scott Walker, left, while attending a basketball game between the Shanghai Sharks and the Zhejiang Golden Bulls at the Shanghai Indoor Stadium, Wednesday, April 24, 2024, in Shanghai, China. (AP Photo/Mark Schiefelbein, Pool)

U.S. Secretary of State Antony Blinken talks with U.S. Ambassador to China Nicholas Burns, center, with U.S. Consulate General in Shanghai Scott Walker, right, while attending a basketball game between the Shanghai Sharks and the Zhejiang Golden Bulls at the Shanghai Indoor Stadium, Wednesday, April 24, 2024, in Shanghai, China. (AP Photo/Mark Schiefelbein, Pool)

U.S. Secretary of State Antony Blinken, second left, and U.S. Ambassador to China Nicholas Burns, far right, arrive at the Grand Halls to meet with Shanghai Party Secretary Chen Jining on Thursday, April 25, 2024, in Shanghai, China. (AP Photo/Mark Schiefelbein, Pool)

U.S. Secretary of State Antony Blinken, left, shakes hans with Shanghai Party Secretary Chen Jining as they meet at the Grand Halls, Thursday, April 25, 2024, in Shanghai, China. (AP Photo/Mark Schiefelbein, Pool)

U.S. Secretary of State Antony Blinken, left, meets with Shanghai Party Secretary Chen Jining at the Grand Halls, Thursday, April 25, 2024, in Shanghai, China. (AP Photo/Mark Schiefelbein, Pool)

Shanghai Party Secretary Chen Jining talks with U.S. Secretary of State Antony Blinken at the Grand Halls, Thursday, April 25, 2024, in Shanghai, China. (AP Photo/Mark Schiefelbein, Pool)

U.S. Secretary of State Antony Blinken talks with Shanghai Party Secretary Chen Jining at the Grand Halls, Thursday, April 25, 2024, in Shanghai, China. (AP Photo/Mark Schiefelbein, Pool)

U.S. Secretary of State Antony Blinken, left, talks with Shanghai Party Secretary Chen Jining at the Grand Halls, Thursday, April 25, 2024, in Shanghai, China. (AP Photo/Mark Schiefelbein, Pool)

U.S. Secretary of State Antony Blinken, center, watches U.S. Ambassador to China Nicholas Burns, left, shake hands with Shanghai Party Secretary Chen Jining at the Grand Halls, Thursday, April 25, 2024, in Shanghai, China. (AP Photo/Mark Schiefelbein, Pool)