DAY NINE: Trial Against David Castillo
/NOTE ABOUT DAY TEN: Day ten was convened for Wednesday, May 5th but the expert witness had not prepared the list of requested messages that both the private accusers and the defense wanted to examine in court. Therefore, proceedings will commence tomorrow (Thursday, May 6th) at 9 am.
Last update: May 5 at 3:43 pm
Main Points of the Day:
Data extraction expert David Alexander Amador reads Whatsapp chat messages written by and extracted from Daniel Atala’s cell phone. Atala makes several racist and classist remarks against the Lenca indigenous people and the Rio Blanco community. The messages outline how Castillo’s defense attorney (and DESA’s lawyer) Juan Sanchez, along with others, at the direction of and reporting to Daniel Atala, used their influence to criminalize Berta Cáceres in 2013 (see messages below).
Tomorrow, expert David Alexander Amador will continue testifying. The trial was suspended at 7:20 pm and will begin again tomorrow at 10 am.
COPINH publishes the Whatsapp conversations and also, tweets: “Important. Daniel Atala expresses his racism and hate for the Lenca indigenous people. The evidence read this afternoon demonstrates with certainty, the family Atala Zablah’s ties to Berta Cáceres’s murder. The family Atala Zablah, as was shown in messages extracted from Daniel Atala’s phone, is a family with deep racist and classist convictions. The racism in this case, was not just an expression of prejudice against the Rio Blanco community, a community with a significant Lenca population. In this case, the racist motives are institutionally expressed. Banks, the army, the government, the Attorney General’s office, and other institutions, were part of the weapons used against Berta and the Rio Blanco community. Thats how these groups and families based in hate shown historically against people, justified the murder.”
Translation of the parts highlighted in red:
PAGE ONE: On April 13, 2013 at 12:24 am, Daniel Atala writes: “I’m sick of those indios [often used as a derogatory word for indigenous people]”
PAGE TWO: On March 30, 2012 at 2:32 pm, Daniel Atala writes: “What’s up, I’m sitting at a table and 2 indios came to invade my space.”
PAGE THREE: On July 5, 2013 at 2:55 pm, Daniel Atala writes: “We can’t even stand a few indios there”
On July 5, 2013 at 2:55 pm, Daniel Atala writes: “But I think they will quickly leave from there because the food runs out quickly”
PAGE FOUR: On July 19, 2013 at 4:26 pm, Daniel Atala writes: “I have spent a lot of money and political capital so that these arrest warrants happen”
PAGE FIVE: On April 22, 2013 at 1:39 pm. Carolina Castillo [a lawyer] writes to Daniel Atala: “Daniel, the COPINHes just went inside the encampment”
On April 23, 2013 at 3:21 pm, Carolina Castillo writes to Daniel Atala: “and I’ll tell you that I met with Elsia Paz [President of the Honduran Association of Renewable Energy] … says that she can control Bertha Cáceres and that they have investigated her well and with two calls, she won’t bother us anymore, that she is a woman that blackmails people”
More Details
Data Extraction Expert Outlines Information Found in Daniel Atala’s Phone
Data extraction expert David Alexander Amador (the same expert that extracted information from the cell phones used by Henry Hernandez, Mariano Diaz Chavez, Sergio Rodriguez Orellana and Douglas Bustillo) shared what was found on a IPhone seized in DESA’s office during a raid carried out by Honduran prosecutors. The IPhone was used by Daniel Atala, DESA’s Chief Financial Officer (CFO). The phone contained Whatsapp chats, user accounts, contacts, internet history, text messages, phone registries, documents, images, videos, etc.
Prosecutors: The prosecutors started by asking the expert basic extraction procedural protocols including how the integrity of the information was maintained, what are some of the user accounts attached to the phone, the tool used to carry out the extraction, how he was trained to do such extraction, etc.
Private accusers 1 (representing Salvador Zúniga): Asked additional questions about procedures and then asks the expert to read specific Whatsapp conversations including messages dating back to 2012. The defense objects to this, arguing that the timeframe is years before the actual murder and is therefore, irrelevant. In response, the private accusers argue that the messages demonstrate the context of the murder, which is part of their trial strategy and understanding of how the murder took place. The court rules that each party has their own strategy and that each party should be respectful of this. The court permits the expert to continue reading messages selected by the private accusers.
Racist and Classist Remarks Written by Daniel Atala and Read In Court
The expert witness reads the following Whatsapp messages on request from the private accusers.
1) Message dated March 30, 2012 at 2:32 pm from Daniel Atala to his spouse, Maria Fernanda Rivera
From Daniel Atala: “What’s up, I’m sitting at a table and 2 indios came to invade my space, “And there are 20 empty tables”
2:32 pm from Maria Fernanda Rivera: “haha”
2) April 10, 2013 at 9:43. From Daniel Atala: “TGOQ train my spirit” “Ask for patience and clemency” “with those indios.”
3) April 13, 2013 at 12:24 am from Daniel Atala to Maria Fernanda Rivera: “I’m sick of those indios”
4) Missed the date and time. From Daniel Atala: “Those indios, son of bitches, don’t stop screwing around”
5) Paraphrasing as I was unable to note the entire message or the date. From Daniel Atala: “My dad is going to talk to the Minister of Security Pompeyo Bonilla to see if they can go get the indios out of there"
6) April 23, 2013 at 3:42 pm, from Daniel Atala to Maria Fernanda Rivera: “I can’t stand those indios.”
From Maria Fernanda Rivera: “Good and you?”
From Daniel Atala: “I’m mad.” “They perforated the water tank,” “And fuck, today yes, they invaded private property”, “One of the engineers resigned”, “because they threatened him”, “Fuck”, “I’m really pissed”, “I’m going to contract a sniper”
7) April 23, 9:17 from Daniel Atala to Maria Fernanda Rivera: “We’re fucked” “They are in the project” “and a shit ton of indios got here” “In the carri [car?]” “To take them to see” “and the indios flipped the truck”
8) April 24, 2013 at 3:27 pm from Daniel Atala: “Yea man, good, I’m in Roatan and my employees are there fighting with a shit ton of indios.”
9) July 5, 2013 at 2:55 pm from Daniel Atala: “Daniel Atala writes: “We can’t even stand a few indios there”, “But I think they will quickly leave from there because the food runs out quickly”
10) July 19, 2013 at 4:23 pm from Daniel Atala: “Berta, Aurelino and Tomas” “3 leaders”,
From Maria Fernanda Rivera: “Aureliano wants a wiwow cawifownia wow?” “But why does he want to leave? Because there is a warrant for his arrest?”
From Daniel Atala: “I have spent a lot of money and political capital so that these arrest warrants happen”
11) December 4, 2013 at 2:36 am, Daniel Atala writes: “Those indios think that the women are going to end up infertile because of the dam.”
12) March 4, 2014 at 2:31 pm, Daniel Atala writes: “Thats what I call the indios of Agua Zarca,” “To not identify them as indigenous Lenca”, “I call them ladinos”, “because they aren’t legit Lencas.”
13) On April 17, 2013 aat 8:38 pm from Carolina Castillo [legal, energy and environmental consultant and an attorney at Castillo, Argueta and Associates legal firm]: “Daniel, they just informed us that the copinhes are going to the Presidential palace. I just presented the legal complaint in the Attorney General’s office. Do you know if your uncle spoke with the Minister of Security?”
April 20, 2013 at 3:38 pm from Carolina Castillo: “Daniel, from the information [cuadro is the word that was used which is hard to translate without context] that Llana sent, there are many topics that we should discuss with LEA, to coordinate a meeting with them this week but I understood that your trip was to close the loan.”
11:50 pm from Daniel Atala: “Carol, what’s up?” [private attorneys asked the expert to go to two messages below this one]
April 22, 2013 at 1:39 pm from Carolina Castillo: “Daniel, the copinhes just got inside the encampment.” “Francisco already spoke to [Police] Commissioner Lagos and they will send elements to get them out … But private, effective, security is urgent.”
April 22, 2013 at 3:19 pm from Carolina Castillo: “Good evening, engineer Barahona told me that the car that we will travel in to present the legal complaints does not have gas, as I understand cars are filled in the encampment … What should we do in this case?”
April 23, 2013 at 3:21 pm from Carolina Castillo: “and I’ll tell you that I met with Elsia Paz [President of the Honduran Association of Renewable Energy] … says that she can control Bertha Cáceres and that they have investigated her well and with two calls, she won’t bother us anymore, that she is a woman that blackmails people”
[unknown date and time] from Carolina Castillo: “And with certainty, the legal firm, will be at 9 on the dot in their offices, who will go with me?”
April 24, 2013 at 8:33 pm from Daniel Atala: “Perfect”
14) July 26, 2013 at 8:19 pm from Carolina Castillo: “The lawyer just informed me that they accepted the indictment. They assigned Judge Alicia Niz [Alicia Lizeth Naigh mentioned by COPINH in this 2013 communique]. She will only be there on Monday because she’s going to Tegucigalpa for a week-long seminar. She will do everything possible to schedule the audienca del imputado [the first hearing held within 24 to 48 hours after an arrest] to bring order to the situation”
8:20 pm Carolina Castillo writes: “Also, the investigative lawyer will take witnesses to declare for Cristian’s case.”
9:27 pm Daniel Atala writes: “Hi Carol” “Is there news about the situations?” “Who will go and speak to her?” “Ok” “And the thing about Cristian?”
9:29 pm from Carolina Castillo: “uh huh Mr. Daniel?” “On Monday, they will talk to the judge in the morning to explain the situation.”
9:30 pm, Daniel writes: “Ok perfect” “I’m standing by then”
9:30 pm, Carolina Castillo writes: “The lawyer Sanchez [Juan Sanchez who is sitting in court defending Castillo and is an attorney for DESA"] knows her and wlil go ask her to make it quick.”
15) On July 29, 2013 at 3:52 pm from Carolina Castillo: “I’m speaking with lawyer Sanchez” “I’ll let you know”
3:54 pm, Carolina Castillo writes: “Today, he/she are leaving for [department or city] Intibuca in the afternoon. They informed us of the date of the legal hearing (audiencia del imputado) and that he/she is coordinating with the prosecutor so that there are no situations and that an arrest warrant is put out at once.”
3:54 pm from Daniel Atala: “Ok”, “Today no, when I return in the afternoon, I’ll make the payments.”
September 13, 2013 at 8:30 pm from Carolina Castillo: “I just spoke with attorney Nieto. He/she spoke with the prosecutor that has Cristian’s case and says that she was not in the hearing but she knows that this William has a record. She/he told Nieto that she/he needed an original document and that on Monday, he/she would ask him for it. Also, she/he told me that Bustillo gave his testimony and it went well. The judge feels pressured by the international observers and because of that, she rushed to get William out in order to continue with Berta’s case. Later, I’ll speak with Sanchez about the conclusions.”
Scheduling and Timing of the Trial Raised by the Judges
The trial was suspended throughout the day. After the above messages were read, the judges stopped and ask the private accusers and the defense to please write down the specific messages they would request for the expert to read in order to cut down on the time it takes the expert to find the messages in the documents. The judges ask expert David Alexander Amador to come back tomorrow in order to give him a break and call another expert witness (below) to the stand.
The judges ask all parties to keep their schedules open for all of May including Saturdays and Sundays during the month, with the exception of this Sunday, May 9th.
Forensic Expert That Examined Berta’s Body at the Crime Scene
Expert Dunia Marisol Hernandez Vigil testified digitally from La Esperanza. The internet signal was horrendous and it was impossible to hear what she was saying.
Hernandez Vigil confirmed that Berta had died between 10 pm to 12 am on March 2, 2016 in El Líbano.