DAY TWENTY: Trial Against David Castillo

Last update: May 20 at 11:55 am

Main Points of the Day

  • Expert telecommunications data analyst Brenda Barahona finishes her over 450 page presentation. About David Castillo, Barahona concludes: “according to the participation of each of the phone numbers analyzed, the individuals responsible for the murder and attempted murder of Berta Isabel Cáceres Flores and protected witness ABC-03-03-2016 are: "9990-0946 in use of Roberto David Castillo Mejía, who was in charge of obtaining information about the victim from Sergio Rodriguez, give Douglas Bustillo the order to murder Berta Cáceres, and offer the money that was paid to commit the crime …”. The conclusions also connected David Castillo into a timeline that demonstrates his role within the context of actions carried out by the seven individuals convicted of murdering Berta.

  • The trial was suspended at 4:30 pm and is convened for tomorrow at 9 am. Barahona remains on the stand for questions from prosecutors, the private accusers, and the defense.

More Details

Telecommunications Data Analyst Expert’s Conclusions

  • Brenda Barahona’s conclusions are quite extensive (roughly 25 pages). Below is a rough translation of the most important parts.

“Conclusions:

1. In reviewing telephone calls, text messages, and Whatsapp conversations from the IMEI 3588806056816, IMSI 708020019659086 and phone number 9911-0085 used by Berta Isabel Cáceres Flores [BC], it was determined that the murder occurred between 23:27:17 on March 2, 2016, the moment when BC received her last phone call and 00:09:08 on March 3, 2016 when the first text message asking for help was sent from such cell phone.

2. The telephone receptor and/or transmitter antennas in the El Líbano neighbourhood, where the murder occurred, captured communications between the numbers: 9484-2712 Oscar Aroldo Torres, 8803-3076 Edilson Atilio Duarte, and 9775-5627, Henrry Javier Hernández Rodríguez, as well as the communications that the last number had with 9842-6844 Douglas Geovanny Bustillo (located in Francisco Morazán) and 8740-6538 (located in Intibuca) …”

[Barahona’s conclusions then lists all the locations of the cell phone numbers noted above from the end of 2015 to days following the murder]

Location of David Castillo’s Cell Phone

“13. The phone number 9990-0946 (Roberto David Castillo Mejía):

a). From 02/01/2015 at 10:58:26 on 26/10/2015 at 14:54:11, communicated via phone calls and text messages to the numbers: 9827-0708 (Berta Cáceres), calls and text messages; 9911-0085 (Berta Cáceres) calls and text messages; 9842-6844 (Douglas Geovanny Bustillo) calls and text messages (03/03/2016); 9992-6503 (Sergio Ramón Rodríguez Orellana) calls and text messages (03/03/2016); 9624-0728 (Daniel Atala) calls and text messages; 9452-8319 (Jorge Avila) calls and text messages.

b) During the time he maintained communication with other suspicious individuals, he was located by TIGO cell phone towers in Francisco Morazán, Cortés, Comayagua, Santa Bábara, Atántida, the Bay Islands and Intibuca: 02 and 03/03/2016 was located in 02/03/2016 from 10:21:29 to 22:13:08 on 02/03/2016 in Francisco Morazan.

c) The SIM card was used in 26 cell phones using the IMEI 358371060077830, used on March 2 and 3, 2016;

d) Dates the phone was located in the department of Intibuca: 22/03/2-15 from 11:04:29 to 16:46:26 ….”

Interpreting the Conversations and Meetings Between David Castillo and Berta Cáceres

“20. Through chat numbers 149 and 298 extracted from DETECI-EX 0801-2016-00167, it report demonstrated that the friendship between David Castillo and Mrs. Berta Cáceres, occurred only from the need to obtain information about her and COPINH’s movements.

a) Roberto David Castillo, regularly started the conversations on Whatsapp making comments related to press declarations and communiques about the protest activities conducted by Berta Cáceres. They indicate that he maintained surveillance of her and constantly monitored her activities through open sources or through informants.

b) Meetings between the two took place mostly after an event related to:

  • Protest activities organized by COPINH against the Agua Zarca hydroelectric project

  • Public declarations made by Berta Cáceres denouncing harassment, threats, and repression by state security forces against protesters

  • Visit by Berta Cáceres together with international observers and the media to project sites harmful to the environment or land occupied by the indigenous population (La Tejera, Canjel, Rio Blanco).

  • The death of cacique Tolupán Cipriano Martínez.

c) When Roberto David Castillo wanted to obtain information about Berta Cáceres’s protest activities, plans and movements, he treated her cordially and would refer to her as “my esteemed.” Also, he would show a lot of interest and availability to meet: on the contrary, when Berta Cáceres wanted to make plans to meet with him, the same availability and flexibility was not shown. This allows one to conclude that the friendship was not sincere, and he simply used it as a means to be able to monitor and in another way, control Berta Cáceres”

The Timeline and Motives Behind the Murder

“23. From 2012, BC, an active member of COPINH, through opposition to the Agua Zarca hydroelectric project represented by Desarrollos Energéticos S.A., was a huge problem [for the company]. She caused many economic losses like logistics, all of which worsened on 15/07/2013: A motive that made people take action. In collecting information from all the evidence, sufficient reason was found to conclude that phone number 9990-0946 (Roberto David Castillo Mejía) communicated with 9842-6844 (Douglas Geovanny Bustillo) to plan BC’s death in November 2015. In January 2016, 9842-6844 (Douglas Geovanny Bustillo) made several trips to Intibuca (La Esperanza) with the purpose of monitor and follow the victim, locate her residence, and learn her routine and schedule. For such reason, 9842-6844 (Douglas Geovanny Bustillo) with support from 3328-1417 (Mariano Diaz Chavez) who helped with logistics (a weapon, vehicle, and money), 9726-7794 (Henrry Javier Hernández Rodriguez) and 9777-5627 (Henrry Javier Hernandez Rodriguez) was responsible for carrying out the murder.

a) On 22/01/2016, 9842-6844 (Douglas Geovanny Bustillo) traveled to La Esperanza, Intibuca to meet with 9726-7794 (Henrry Javier Hernández Rodriguez), who also made the same trip in order to get to know the place since it was his first time there. Later, he returned to Intibucá, staying there from January 29 to 31, 2016.

b) On 02/02/2016, 9726-7794 (Henrry Javier Hernández Rodríguez) confirms to 3328-1417 (Mariano Díaz Chávez) that he travelled to carry out work between February 5 and 7.

c) On 05/02/2016,

  • 9990-0946 (Roberto David Castillo Mejía) through conversations with 9842-6844 (Douglas Geovanny Bustillo) on Whatsapp, reminds him about accidents that cannot occur at the scene.

  • 9842-6844 (Douglas Geovanny Bustillo) carries out internet searches for photographs of the victim and meets with Henrry in Siguatepeque to give him the weapon lent by 3328-1417 (Mariano Díaz Chávez).

  • 9775-5627 (Henrry Javier Hernandez Rodriguez), goes to Intibuca, accompanied by another person. When arriving to Intibuca, 9775-5627 (Henry Hernández) reports to 3328-1417 (Mariano Diaz Chavez) that he is ready to do the work and is being paid 100,000 according to what was agreed with 9842-6844 (Douglas Geovanny Bustillo).

  • In the evening, 9775-5627 (Henrry Javier Hernández Rodríguez) reports to 3328-1417 (Mariano Díaz Chávez) that he was unable to do the work because there were a lot of people and he lacked logistics (a vehicle and more people). Due to this situation, he left the area.

d) On 06/02/2016, 9842-6844 (Douglas Bustillo) reported to 9990-0946 (David Castillo) that the mission was aborted. That it was not possible to do it. When unable to complete the objective, 3328-1417 (Mariano Díaz Chávez) communicates with 9775-5627 (Henrry Javier Hernandez Rodriguez) that he was not able to do the work because those that sent him to do the job did not want to wait. For these reasons, they would look for other people to carry it out.

e) On 20/02/2016 another confrontation occurs between COPINH members and DESA employees, where material losses were incurred by DESA, who presented a legal complaint against Berta Cáceres and COPINH. At the same time, the need to remove Berta Cáceres from her mission was reactivated. For these reasons, 9990-0946 (David Castillo) communicates with 9842-6844 (Douglas Bustillo), Douglas with 9775-5627 (Henry Hernández).

f) On February 21, 9775-5627 (Henry Hernández) notifies 3328-1417 (Mariano Díaz Chávez) that they called him to finish the job and tells 3328-1417 that in order to carry out the job, he will take experienced individuals, but that they had to make a payment beforehand. He asks 3328-1417 (Mariano Díaz Chávez) for a loan, who then says that he doesn’t not want to get involved in the preparation but that he would collaborate with the money that was needed to move [the people]. After, 3328-1417 (Mariano Díaz Chávez) meets with 9842-6844 (Douglas Bustillo) in Siguatepeque to tell him about the situation. 9842-6844 Douglas Bustillo goes to Intibuca (La Esperanza) where he stays from February 21 to 24. He follows the victim, taking pictures of her and also the entrance to her residence (Residence El Líbano). He gets in touch via telephone with 9990-0946 (David Castillo) and informs him of the need for money, reaching an agreement on 29/02/2016 when he meets him [Castillo] to get it.

g) On 02/02/2016, 9775-5627 (Henrry Javier Hernandez) leaves from [department of] Colon to La Ceiba, where he meets with 8740-6538 (Elvin Heliberto Rápalo Orellana), 9484-2712 (Oscar Aroldo Torres Velásquez), 8803-3076 (Edilson Atilio Duarte Meza), all people that will accompany him to La Esperanza, Intibucá, to commit the crime. Arriving to the area at approximately 15:54:36, they followed the victim, and we located in the area around the El Líbano neighbourhood. 9726-7794 (Henry Hernández) and 9775-5627 (Henry Hernández) maintained communication with 9842-6844 (Douglas Bustillo) to keep him informed about what was taking place and receiving instructions.

h) Between 23:30:00 on 02/03/2016 and 00:09:00 on 03/03/3016, 9775-5627 (Henry Hernández), 8740-6538 (Elvin Heliberto Rápalo Orellana), 9484-2712 (Oscar Aroldo Torres Velásquez), and 8803-3076 (Edilson Atilio Duarte Meza) went into Berta Cáceres’s home, shot her and Gustavo Castro, leaving them injured at the crime scene. As a result of the gunshots, Berta Cáceres died.

i) The perpetrators, after 9775-5627 (Henry Hernández) reported to 9842-6844 (Douglas Bustillo), they left the area (Intibucá) headed to Progreso/Santa Rita, Yoro. They arrived there in the early hours of the morning on 03/03/2016.

j) 03/03/2016, 9842-6844 (Douglas Bustillo) leaves early in the morning headed to Cortes. During the trip he maintains communication with DESA employees, 9990-0946 (David Castillo), 9982-3056 (Claudia Erazo), 9992-6503 (Sergio Rodriguez), [the latter] with whom he did not have telephone communication since 2015.

Final Conclusions

According to the technical evidence produced as results according to the participation of each of the phone numbers analyzed, the individuals responsible for the murder and attempted murder of Berta Isabel Cáceres Flores and protected witness ABC-03-03-2016 are:

  • 9990-0946 in use of Roberto David Castillo Mejía, who was in charge of obtaining information about the victim from Sergio Rodriguez, give Douglas Bustillo the order to murder Berta Cáceres, and offer the money that was paid to commit the crime.

  • 9992-6503 in use of Sergio Ramón Rodríguez Orellana, who was in charge of managing the informants that were monitoring Berta Cáceres during her different activities, with the purpose of transmitting such information to members of the Comité [a chat] and to the Coordination of the Agua Zarca project, during the dates that Douglas Bustillo met with David Castillo, [his location] coincided in date and place.

  • 9842-6844 in use of Douglas Geovanny Bustillo, who was in charge of coordinating with Mariano Díaz Chávez and Henrry Javier Hernández Rodriguez, the visits to La Esperanza, Intibuca in order to monitor and follow the victim as well as obtaining and providing to Henrry Hernández, the means necessary to carry out the crime.

  • 3328-1417 in use of Mariano Díaz Chávez, who participated directly in meetings with Douglas Bustillo and who accompanied him to La Esperanza, Intibuca, to monitor [the victim], changed the phone number he was using to avoid being tracked. He supported Henrry Hernández by lending him weapons, money, and [means to] mobilize with the intention of Henrry committing the job he was entrusted.

  • 9775-5627 and 9726-7794, both in use of Henrry Javier Hernández Rodríguez, who met with Douglas Bustillo to learn the details of the job that he had to do. He was in charge of getting to know the area where the murder would occur. On 05/02/2015 he traveled to La Esperanza, Intibucá with the intention of killing Berta Cáceres, which he was unable to achieve due to the lack of logistics. He was later in charge of contracting people and on 02/03/2016, they went into Berta Cáceres’s house and killed her, including Henry, who acted as a guide.

  • 8803-3076 in use of Edilson Atilio Duarte Meza, 9740-6538 in use of Elvin Heliberto Rápalo, 9484-2712 in use of Oscar Aroldo Torres, whom, for the offered payment, travelled on 02/03/2016 from La Ceiba, Atlántida to La Esperanza, Intibuca where Berta Cáceres was located. They followed her to her house, stayed outside in the area of the residence, and wanted for the opportune moment to go into the house and kill her. They immediately left the area and spent the night traveling to Progreso, Yoro (Santa Rita, Yoro).

  • The number 8881-2872 in use of Emerson Eusebio Duarte Meza, through the report, cannot be linked to the crime.

  • The number 3347-9550, unknown user and owner, through the report, cannot be linked to the crime.

  • The number 9438-1818, property of (Supreme Electoral Tribunal/Valladares Ramírez, Oscar Darío) through the report, cannot be linked to the crime.

  • The number 9873-3907, property of (Standard Fruit of Honduras S.A./Hasbun Altamirano, Rafael de Jesús), through this report, cannot be linked to the crime”

END OF PRESENTATION

[NOTE: There are no conclusions mentioning the involvement of Daniel Atala or other DESA executives in the crime]