DAY EIGHT: Trial Against David Castillo
/Last update: May 4 at 11:50 am (Honduras)
Main Points of the Day
Expert witness David Alexander Amador presented data extracted from Douglas Bustillo phone and outlines conversations between Castillo and Bustillo about an aborted mission and not having sufficient logistics in the weeks leading up to Berta’s murder, amongst other conversations. There were also two photos extracted - one of Berta and another of her house (the site of the murder). Both were extracted from Bustillo’s phone (see below). Castillo’s defense complained that the messages were being taken out of context
An expert in cellphone data extraction answered procedural questions about an extracted voice message dated March 31, 2016 discussing a plan to carry out a murder. COPINH publicly denounces that this evidence is linked to a case in which DPI agent Juan Carlos Cruz (who will testify later in the trial) is accused of falsifying evidence attempting to change the course of the Berta Cáceres murder investigation. This line of investigation was at the time not pursued by investigators but is being presented by the defense as part of it’s strategy in this trial.
Trial was suspended at 10:37 pm and will continue tomorrow at 9:00 am with David Alexander Amador, the same witness testifying about cell phone data extraction.
PHOTO CAPTION: Chat conversations published by COPINH (2 pages). PAGE ONE, red parts read:
November 22, 2015 at 5:50 pm to 9990-0946 Whatsapp David (erased): “Good morning, Mr. Castillo. Complete the 50%”
November 22, 2015 at 5:55 pm from David (erased): “6:15 pn”
November 22, 2015 at 6:02 pm from David (erased): “In 30, let’s meet in Chilis [restaurant] in los proceres [a neighborhood in Tegucigalpa]
November 22, 2015 at 6:03 pm to David (erased): “6:15 or in 30 minutes”
November 22, 2015 at 6:16 pm from David (erased): “Bustillo, get your act together”
November 22, 2015 at 6:17 pm to David (erased): “And have everything prepared because it could be that it happens soon”
PAGE TWO:
February 5, 2016 at 3:17 pm to David (erased): “Mission aborted today. It wasn’t possible yesterday. I will wait for what you say because I don’t have logistics I’m in zero.”
February 7, 2016 at 3:45 pm from David (erased): “Copied. Mission aborted”
[NOTE: The date was previously written as 2018. That was an error. It is now fixed to reflect the correct year (2016)]
PHOTO ONE: A picture of two people. On the left is Berta walking in a small town [maybe La Esperanza] in Honduras.
PHOTO TWO: A picture of Berta Cáceres’ home where she was murdered in El Líbano neighbourhood in La Esperanza.
More Details
Data Extractions from Cell Phones Belonging to an Unknown Individual and Henry Hernandez
Expert in cell phone data extraction, Emerson Moises Andino, testified about data extraction from a black LG cell phone (owner unknown). Andino testified that they extracted several contacts, phone call records, text messages, and one folder containing an audio message. The folder was created on March 30, 2016 and was deleted on March 31, 2016 but that was not an audio message recorded on that specific cell phone. It is suspected that the audio message was sent to the LG phone and later, deleted by the user.
The audio message was extracted because the expert was told to look for any evidence on the phone about the murder. He testified that there were people speaking about the murder of a woman who was opposing a ‘central’ [unclear what this means], who was going to carry it out, what vehicle was going to be used (a Nissan Frontier), amongst other information. The voice(s) were not identified.
The defense focused their questioning (which was conducted first by the defense’s technical consultant who can directly question the expert and then the attorneys) on the techniques, procedures, and tools used to extract the messages.
Data extraction expert Alexander Osimin Orellana testified about data extracted from a BLU telephone used by Henry Hernandez [convicted of murder] including from the SIM card and a small micro memory card.
Data Extraction from Douglas Bustillo’s Cell Phone
Data extraction expert David Alexander Amador spent several hours on the stand reading extracted messages, answering procedural and technical questions about the extraction conducted on Douglas Bustillo’s LG phone that was seized when he was arrested. Below are some of the highlights of this long interrogation.
Prosecutors: Ask several questions about extraction procedure (tools used; time zone linked to phone, owners of the phone (Douglas Bustillo); hash codes linked to messages; IMEI numbers, etc).
Private Accuser #1: Asks about data extracted from the phone and stored on DVDs. Amador outlines all the information that was extracted: details of hash, images, contents, applications, calendars, passwords, cookies, Facebook conversations, internet history, contacts, instant messages, text messages, call registry, hard drive, videos, activity analysis, email, Whatsapp, etc.
Asks the expert to read both conversations above in the photos containing the full messages that were later published by COPINH. They established that the messages were deleted from the phone and then recovered and that the conversation was between David Castillo and Douglas Bustillo.
Makes reference to a Whatsapp chat named “34th promotion” [likely referring to the most recent and controversial promotion of the 34th rank in the Honduran military by Juan Orlando Hernandez]. The expert reads the phone numbers in the chat which include several that are not saved in the phone, as well as contacts named Díaz (3328-1417 which is the phone number for Mariano Díaz Chavez), Amador, Morci, and Florentino.
Asks the expert witness to read an email extracted from Bustillo’s phone. Dated July 24, 2015 at 3:21 UTC-00. dbustillo@desa.hn ‘Douglas Bustillo’ sent to ddouglasgeovany@yahoo.com, subject: forward DESA, content: Resent from Castillo from dcastillo@desa.hn, subject: DESA on July 1, 2015 to Wilfredo Rios (wrios@proteca.com) with a copy to Douglas Bustillo to dbustillo@desa.hn and copied to other emails: roberto.sieman@proteca.com and fabiolagladys@proteca.com [NOTE: Proteca is a security company located in San Pedro Sula. Wilfredo Rios is the CEO of Proteca and a former lieutenant (teniente) in the Honduran National Police.] Email reads: “Dear Mr. Wilfredo. Nice to meet you, wishing you success in your daily functions. Attached is a DESA communique. We have seen an improvement in our security and communication services that your company has provided. Nevertheless, the last actions have left us without other remedies and it’s necessary to put an alternative plan in place. Agua Zarca is a project with many complications and requires special attention. I hope you can collaborate with our new developments that we hope to build in the short term by elements [inaudible] due to their exit [message cuts off]. [NOTE: The date of this email corresponds to the date that Sinohydro ended their support for the Agua Zarca project and COPINH member Tomas Garcia was shot and killed outside the installations of the project by Honduran military, which may be what they are referring to in this email].
Refers to photographs that were extracted from Bustillo’s phone but the expert was unable to show them to the court. [COPINH published these photos, see above].
Asks the expert witness to read a Whatsapp conversation between Douglas Bustillo and Mariano Díaz Chavez (3328-1417) that began on January 14, 2016 at 3:33 am [NOTE: timezones are not correct because of the timezone selected by the phone user], with it’s last activity on March 19, 2016.
January 14, 2016 at 3:33 am: Diaz writes: [not legible]
3:33 am: “Yes”
3:33 am: “I’ll write you soon”
3:36 am: “Ok”
January 26, 2016 at 12:07 sent from Bustillo to Díaz Chavez: “Mariano”
2:17 pm: I need the chispero [a word for a lighter but it could be a code word for a gun]
2:46 pm sent to Díaz Chavez: “go for it [dale]”
2:46 pm (Díaz Chavez to Bustillo): “It’s there”
On January 27, 2016 at 12:48 pm: “Ok”
3:04 pm (from Díaz Chavezto Bustillo): “Go and get it”
3:05 pm (Bustillo to Díaz Chavez): “Ok”
3:05 pm (Díaz Chavez responds): “I’ll let you know”
3:05 pm: Today
4:01 pm (Díaz Chavez to Bustillo): Ok [Cheke]
11:03 pm (Díaz Chavez to Bustillo): Ok
January 30, 2016 at 11:03 pm (from Bustillo): Ok
11:03 pm (from Bustillo): Dale [ok, or sounds good]
11:10 pm (Díaz Chavez to Bustillo): “If you need me to go to San Pedro Sula, let me know”
12:07 (Díaz Chaves to Bustillo): “Do I give them the name or the number?”
Defense: The technical consultant brought in by the defense to question data extraction experts presented by the prosecutors begins by asking a series of questions about data extraction procedure, best practices, etc. Then the defense attorneys ask the expert:
To read a Whatsapp conversation dated March 1, 2016 to number 9990-0946 in David Castillo’s name. These messages were erased and recovered by the extraction tool.
At 12:56 am: “How are you leader?”
1:03 am from David: “Mr. Bustillo, sorry, I haven’t finished”
1:03 am from David: “We can meet but I don’t have any money to lend you.”
4:32 am from David [odd time reported here but it is what was mentioned in court]: “If you prefer, its better to meet tomorrow, because today in the evening they pay me and I’ll have the requested loan.”
1:06 am from David: “Ok, good, just tell me the time and more or less the place”
March 1, 2016 at 1:13 am, David writes: “7:30 am in the 777”
1:15 am, David says: “Ok, good.”
March 17, 2016 at 10:21 pm, David writes: “I’ll let you know later, I’m asking Moncho what time he wants to leave.”
12:36 pm, David writes: “Ok”
April 12 at 12:55 am, David writes: “Today at 10:30 I can see you. I’m in the Puma [gas station] in Las Lomas [neighborhood in Tegucigalpa]”
April 20 at 11:19 pm: “Leader, imd”
The defense asks how many times there were phone calls between Castillo and Bustillo. The expert could not say.
Asks the expert to read another Whatsapp conversation dated March 8, 2016 at 4:29 pm from number 3362-4633. The messages were deleted.
4:29 pm from ‘Chama’: “There is nothing for me”
4:31 pm to Chama: “I imagine”
4:31 pm to Chama: “For me, yes, I start to work on Monday.”
4:40 pm from Chama: “Where”
4:40 pm: “In the south, in the energy project [inaudible], Castillo called me yesterday”
4:44 pm to Chama: “Choluteca”
Asks expert to read another chat dated April 21, 2016 at 2:42 pm sent to 3362-4633 identified as Chama. The conversations are also erased.
10:26 pm to Chama: “Oh ok”
10:32 pm sent to Chama: “Here in Tegucigalpa”
10:33 to Chama: “Ok”
10:33 pm to Chama: “And work, how’s it going”
10:33 pm to Chama: “Screwed”
10:33 pm to Chama: “Brother”
10:34 pm to Chama: “It’s stalled”
10:34 pm to Chama: “The project”
10:34 to Chama: “Where they were going to contract me.”
Asks the expert to read a Whatsapp conversation dated March 18, 2016 from Bustillo to 9942-2437, the number is saved as ‘Wendy’
Unknown time from Wendy: “Hi uncle” “where are you?”
10:40 pm to Wendy: “Hi" “In Tegucigalpa”
Asks the expert to look up a specific search named ‘Work in Choluteca’ found in internet history