DAY TWELVE: Trial Against David Castillo

Last update: May 10 at 11:37 pm

Main Points of the Day

• The trial was scheduled to begin today at 8:30 am but instead, commenced at 3 pm. It lasted for about an hour and was shut down for the day after technological issues cut approximately 20 minutes of the live broadcast. Proceedings are convened to begin again at 9:30 am tomorrow.

• During the short session today, data extraction expert David Alexander Amador continued to read Whatsapp chat messages at the request of the Cáceres family attorneys. The chat messages again highlight how DESA’s executives used their state contacts, specifically with the Minister of Security Julián Pacheco, to send state security forces into intimate and repress actions in Rio Blanco; how local hitman were used to carry out violence but also provide security for DESA, and how DESA’s executives and Castillo spoke about strategies to delegitimize and undermine COPINH and Berta Cáceres.

More Details

WhatsApp Group Chat Messages Between DESA’s Executive and David Castillo

• Data extraction expert David Alexander Amador continues to read chat messages found on Sergio Rodriguez’s phone. Many of the group chats are between DESA’s executives including Jose Eduardo Atala, Pedro Atala, Daniel Atala, and the accused David Castillo.

• A number of chats were read when the online transmission of the trial was impossible to hear. COPINH published the following conversations that were read in court today:

COPINH writes: “David Castillo and Pedro Atala coordinated with the Minister of Security, Julián Pacheco Tinoco in order to repress Berta and COPINH’s vindicatory actions to defend the Gualcarque river. State security forces were used by David Castillo and the Atala Zablah family to favor their company. The same forces continue to be utilized to benefit extractive companies that perpetuate violence against women and men defenders.” COPINH publishes two photographs of state security forces in Rio Blanco.

Below, are translations of the parts highlighted in yellow

PAGE ONE: August 8, 2015 at 2:58 am from David Castillo: “Today, convene Mayor Avila and Sergio to deal with public security issues with the National Police”

• From David Castillo: “The next day, Monday and prepare strategy with a local consultant that will be our spokesperson with the Minister of Security.”

• From David Castillo: “….. That they give us security and an immediate response in civil work in PHAZ [the Agua Zarca hydroelectric project].”

• August 12, 2015 at 12:36 pm from David Castillo: “I received the news from our security consultant that General Pacheco [the current Minister of Security] confirmed that they are not going to withdrawal the PN [National Police] from El Barreal [community in Rio Blanco].”

• From David Castillo: “But the Sub-commissioner [of the police] that is assigned to the area told him that we don’t help them with food or gas”

• From David Castllo: “…. every month Daniel pays the food bill”

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COPINH writes: “Who is Olvin Mejía? He’s from Rio Blanco and is a known assassin in the northern region of [the department of] Intibuca. He was contracted to kill Berta Cáceres and COPINH members. He was arrested in December 2015 and DESA utilized it’s structure and influences to free him.

David Castillo , Daniel Atala Midence, Sergio Rodríguez and Jorge Avila - DESA executives and employees - ensured that Olvin Mejía be freed. David Castillo described Mejía as “the best security at the dam site.”

Castillo, Atala Midence, Rodríguez and Avila worked together “to work” witnesses. They influenced the Attorney General’s office in La Esperanza and paid, at least, Olvin Mejía’s bail and legal representation with the end goal of securing the company’s interests.”

PAGE TWO: December 28, 2015 at 4:12 pm from Sergio Rodriguez to David Castillo: “ … The Major needs 20,000 lempiras to deal with Olvin’s case …. or ask Daniel to send me a transfer”

• From David Castillo: “Call Daniel and ask him to make the deposit”

• From David Castillo: “Speak with the lawyer so that they don’t accuse the guy”

• From David Castillo: “He is our best security at the dam site”

PAGE THREE: December 28, 2015 at 9:49 pm from David Castillo: “The lawyer that defends the military [soldier] charges 100,000 for the entire trial.

• December 31 at 1:07 am from Sergio Rodriguez: “David, we still need 20 for the [female] friend, if it goes well, we won’t speak again. If it goes like I spoke with her this afternoon, tomorrow for sure, the whole family will celebrate New Years.”

• From Sergio Rodriguez: “Everything worked out.”

PAGE FOUR: December 31, 2015 at 10:08 pm from 94528319 [unidentified number]: “The incident occurred in Valle de Angeles, the woman making the accusation and the eye witness are from Valle de Angeles and we need to work them in a subtle manner.

• From 9452-8319: “This has to be done by third parties to avoid them declaring that there is coercion, threat, extortion, bribes [which] nulls the witness, nulls the evidence or the witness declaration”

• From 9452-8319: “And take care of the bosses, take care of ourselves and of course, protect our company.”

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COPINH writes: “Plans to discredit and delegitimize COPINH’s struggle led by Berta Cáceres were also exposed in the group communications [in the Whatsapp chat] “Security PHAZ [Agua Zarca hydroelectric dam project] involving David Castillo, Pedro Atala, Jose Eduardo Atala and Daniel Atala.

The exaggeration of the damages [the company] was one of the strategies used to stigmatize COPINH in its struggle in defense of the sacred Gualcarque river: “I suggest. If they break something and it has to be fixed, it’s better to finish breaking it and take photos” - reads one chat.

David Castillo and Daniel Atala paid a journalist from HCH [Habla como Habla, a national television network] to do reports that favored the company and delegitimize and stigmatize COPINH’s struggle, as a communication strategy to favor their economic project.”

PAGE FIVE: On February 20, 2016 at 7:47 pm from David Castillo: “Mr. Jesus, I think that one must take advantage of the situation to send a negative message about COPINH, the movement isn’t legitimate, they move people they pay in buses to other departments and municipalities in order to oppose SFO [unclear what this acronym means but likely stands for the community of San Francisco de Ojüera, the municipality in Santa Barbara where the dam project was moved after Sinohydro pulled out] where all the people and communities support PHAZ [Agua Zarca hydroelectric project].

• From David Castillo: “Its an opportune moment to expose Berta and COPINH, currently Berta has said that the our communication activities are the biggest headaches for them”

• From 3392-4868 [unidentified number]: “It’s good that we are a pain in the butt for the woman … haha”

• From 9457-0137: “In my opinion, we should publish photos of the car that she drives in, photos of her house and information about all the luxuries that she has, including that she has her kids studying in Argentina. In summary, that she is getting rich at the cost of others.”

PAGE SIX: On February 21, 2016 at 1:14 am from 9457-0137 [unidentified number]: “They are about to leave”

• From Sergio Rodriguez to six other people and David Castillo: “Bertha and Tomas directed the action.”

• From David Castillo: “Did you take photos of them?”

PAGE SEVEN: On February 21, 2016 at 1:25 am from Sergio Rodriguez to six other people [unidentified] and David Castillo: “Review the videos where they say they are peaceful and then contradict them with evidence of the damage.”

• From David Castillo: “We have to take advantage of the evidence”

• From David Castillo: “And send it separately in various notes.”

• From 9457-0137: “After the meeting with the elected community leaderships, we have requested they sign a declaration together in support of PHAZ [Agua Zarca hydroelectric project] tomorrow”

• From 9457-0137: “It’s very important, I think it’s vital that tomorrow Mr. Jesús and Roque elaborate the convincing communiques with all the documentation and they send it and Monday, they bombard all the media that support them.

• From 9457-0137: “The damages are insignificant but the information that we possess is convincing in order to crush them.”

PAGE EIGHT: On February 21, 2016 at 1:52 am from David Castillo: “We have to make this information explode with a lot of strategy”

• From 3392-4868 [unidentified number]: “I suggest. If they break something and it has to be fixed, it’s better to finish breaking it and take photos”

• From 3278-7416 [unidentified number]: “I understand that they broke a fence, send us evidence of that and you should do repairs and make the damage look more aggressive in order to be able to justify it.”

PAGE NINE: On February 22, 2016 at 2:08 am from 3278-7416 [unidentified number]: “Everyone, I inform you that Angel David from HCH [Habla como habla, a national television channel] is taking shots at the dam site with Claudia, I guess someone from the police sent them images, a thing that catches my attention because the images that went out were from someone from Agua Zarca, in light of Angel David being an ally and he was already on site, we allowed for him to enter”

• From 3278-7416 [unidentified number]: “I asked Claudia that she guarantee that the information won’t be published until we give her the green light and she shares the digitalized visual information she has with us.”

• From 9457-0137: “Roque, the same police from Santa Barbara [a city and also a department] that were there gave him/her the information”

• From 3278-7416: “… Angel David is a good ally, he’s eating dinner, we just have to ask Claudio to make sure that what is emphasized in the report, is positive for PHAZ [Agua Zarca hydroelectric project]

• From Sergio Rodriguez: “Tell her she has to minimize the damages to the maximum”

• From 3278-7416: “Remember, Angel David is our ally”

PAGE TEN: On February 22, 2016 at 2:21 am from 3278-7416: “Remember, Angel David is our ally”

• From 3278-7416: “And he has defended us with everything he has”

• From 3392-4868: “If Berta speaks out, it will get others like Globo [radio station] and HRN etc working on it”

• From 9457-0137: “We don’t need to thank the problem, people.”

DAY ELEVEN: Trial Against David Castillo

Last update: May 8 at 5:00 pm

Main Points of the Day

• An examination of data extracted from Sergio Rodriguez’s cell phone included several messages sent to the “Security PHAZ [Agua Zarca hydroelectric project]” Whatsapp chat group and others. The chats read in court today demonstrate the level of monitoring, intelligence gathering and actions related to security strategy and promotion, conducted by DESA’s executives - Daniel Atala, Jose Eduardo Atala [Daniel Atala’s father], and Pedro Atala - David Castillo, Sergio Rodriguez, paid informants, DESA’s employees, and police and military in Rio Blanco. The discussions inside these chats include: Details about Berta and other COPINH leaders’ whereabouts and activities in Rio Blanco and other parts of the country; divisions within the communities; visits by foreign delegations; media strategies; positions of different individuals in Rio Blanco about the project, etc. The group chats also discuss requesting and receiving security and support from the National Police including several police commissioners and the Minister of Security.

• The trial was suspended at 10 pm and will continue on Monday, May 10 at 8:30 am. The same data extraction expert will continue reading messages extracted from Sergio Rodriguez’s phone.

COPINH writes and publishes the following chats: “Berta Cáceres was persecuted and monitored by David Castillo. This is what conversations extracted from Sergio Rodriguez’s cell phone (convicted) show. They coordinated with their informants to know every activity that Berta was involved in”

Below are the translations of the highlighted messages in the pages posted above and published by COPINH.

PAGE ONE: February 13, 2016 at 9:37 pm from Sergio Rodriguez to seven other people including David Castillo: “Good morning. For today at 2 pm, Berta convened the people from Tejera [a community in Rio Blanco] … On the other hand, both informants have told me that we should be on alert because they can do something principally in the evening, like attacking the guards or burning machinery. The most credible informant believes that those that went to La Esperanza [the city where COPINH’s headquarters are located] don’t have the nerve to do something against the project but he/she thinks that they called them to show other people sent by Berta, other routes. The other informant says that in the last meeting, Berta said that if we continue working there, they will stop us after. The sites they mentioned are the dam site and canal 3. I’ve already spoken with the [military] Major so that the guards on ready.” …. “We , along with the Major, are seeing if we can get another informant into Roland'o’s group, that young man is family of Olbin Mejía [a local hitman hired by DESA] and lives in Tejera”

February 14, 2016 12:51 am from 9457-0137 [not saved in the phone and therefore sender not identified]: “Good afternoon: The Major just left with the police from the Catorce Varas [the name of a specific location that is not clear], there were no incidents because COPINH didn’t come down, Sub-commissioner Sanchez sent me two patrols cars with 12 police and even the Departmental Sub-Commander, Sub-Commissioner Garcia Mendez was there.”

PAGE TWO: A Whatsapp chat with seven people including David Castillo dated February 14, 2016 at 4:21 pm from 9457-0137: “I’m informing that there is no news in the Agua Zarca hydroelectric project.”

• From David Castillo: “Thanks JM” “Copied”

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COPINH writes: “Violent actions against Berta Cáceres and COPINH were coordinated by the DESA’s associates, employees and executives. Here is the proof”

PAGE THREE: November 10, 2015 at 3:52 pm from Sergio Rodriguez to four unidentified people and David Castillo. Sergio writes: “Major, this week they say that COPINH doesn’t have any plans to go to the river. Maybe on the weekend they might try and put down a bridge. From there, one can coordinate blowing up what they have perforated, while we figure out the permission to get the explosives in the future”

• From 9452-8319: “Received Sergio”

• From 9457-0137: “Yes, its possible that they executive the explosives today or tomorrow.”

PAGE FOUR: November 10, 2015 at 4:30 pm from Sergio Rodriguez to four unidentified people and David Castillo. Sergio writes: “The Spanish guy is in the conference [referring to an international observer from Spain that accompanied COPINH for years in Rio Blanco and elsewhere. He would be later expelled from the country by the Honduran government.]

• From 9457-0137: “Yes, don’t tell him who you are and try and get information from him.”

PAGE FIVE: November 10, 2015 at 5:36 pm from Sergio Rodriguez to four unidentified people and David Castillo: “He said his name is Luis Raul Tiran”

• From 9457-0137: “And what other last names, where is he from?”

• From Sergio Rodriguez: “I couldn’t get more”

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COPINH writes: “The company’s group chat communications directed by David Castillo, Pedro Atala, Daniel Atala and José Eduardo Atala show actions to monitor, follow, profile and attack. Look at the proof.”

PAGE SIX: February 17, 2016 at 1:49 pm from Sergio Rodriguez to a group chat with six unidentified people and David Castillo: “Berta came with tomas gomez, sotero and gaspar of copinh. To do the same as always, film and do interviews where the people are. He/she/one says that they aren’t in agreement and that desa lies. Of the main people in [community of] tejera, only clementino and Felipe gomez and pascual, Joel is the new one and the same women as always. Berta, sotero and the Spanish guy left today and tomas gomez and gaspar stayed behind to take care of the other group of foreigners that the Major informs me, have already arrived. For tomorrow, we don’t expect any efforts to cross the river without the same as today. What Berta did say is that for saturday, she wants all the people to be ready at 6 am in el roble. She hasn’t said where she wants to go but we must be on alert. I have the informant trying to investigate the plans for that day with pascual that appears to be a new person that Berta doesn’t trust.”

PAGE SEVEN: February 16, 2016 at 3:46 pm from 9457-0137: “Informing you that there is no news in PHAZ [Agua Zarca hydroelectric project]”

• From 9457-0137: “Letting you know that a bus just passed with copinh and 21 foreign snitches headed to [community of] La Tejera. The police are on alert and we have collaborators if by chance, they fail. The Major has provided a radio in order to be in permanent contact”

• From 9457-0137: “The Major tells us that today, Tuesday 16 at 13:40, Berta Cáceres arrived, two police from Intibuca that provide her with security [these police were assigned by the state in order to implement her protective measures ordered by the Inter-American Commission on Human Rights], the Spanish guy Luis Raúl Tiran, Selvin, four foreign women and 12 copinhes, for a total of 23 people. Of the unknown copinhes, you don’t see the same people as always (Francisco Javier, Clementino, Adolfo and others). They went for a swim and took pictures and video. I kept the two police patrol vehicles and 12 police men ready to move close to PHAZ [Agua Zarca hydroelectric project] so that they wouldn’t be seen, photographed or filmed by the foreigners. They left at 15:45 pm Below are the photographs.”

PAGE EIGHT: February 14, 2016 at 11:51 pm from Sergio Rodriguez to six people and David Castillo: “Good afternoon. Tomas Garcia and gregorio from the Rolando Mendez’s group arrived to the meeting with Berta en el roble [‘the oak tree’ - a gathering place where the Rio Blanco community blocked the access road to the river]. Clementino will remain in the organization. She asked if they were going to continue in the struggle and the people didn’t answer until after she asked them to raise their hands and everyone did. She said again that some of their people tell us everything but she didn’t refer to anyone in particular. She said that David Castillo knows everything when she goes there. She asked them not to go out alone because Olvin [an assassin that works with DESA] from valle de ángeles [a community] hangs out with more or less 20 people and all are armed with desa’s guns. She also told them that we are sending information to all of the organizations that support them telling lies and that in some, we have put that various copinh members like tomas gomez support us and she said that was false. I think Tomas is in the dossier. They didn’t have a bigger amount of people. She didn’t speak separately with Rolando’s group. On Tuesday and Wednesday, 21 foreigners are going to the river to see the abuses we have caused and to do different reports.”

• From Sergio Rodriguez: “Yesterday she arrived around 2;15 and left at 6 pm”

• From 9457-0137 [unidentified]: “Sergio, if Berta goes to the intake construction area, you will have to mobilize our collaborators in Valle de Angeles [community] so they intercept them and the observers can see that the communities are against Berta and in favor of the project.”

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COPINH writes: “INFLUENCE TRAFFICKING: The conversations extracted from Sergio Rodriguez’s phone from the group chat ‘Security PHAZ [Agua Zarca hydroelectric project]’ lay out the coordination that company employees of the Atala family had with public officials including from SERNA [The Ministry of Energy, Natural Resources, Environment and Mines], MiAmbiente, all working towards criminalizing Berta and other COPINH members in order to slow down the struggle in defense of the Gualcarque river.”

“‘Don’t go sending serna or the Environmental Ministry please” reads one message.’”

PAGE NINE: February 2 at 1:39 from unidentified number 9452-8310 to to a group chat containing six people and David Castillo: “lets make use of all our fiscal and legal influences to try these criminal and vandalic actions carried out by specific people and the organization.”

PAGE TEN: February 21 at 2:50 pm from unidentified number 9457-0137: “I suggest creating and implementing both plans and for [police] commissioner Sanchez to participate, taking advantage and compiling private information about Berta and create uncertainty between them, sending out and maximizing all the information from yesterday, and giving it to all the NGOs that help them. Also, always have a prosecutor and a notary at our disposal”

• From Sergio Rodriguez: “Don’t go sending SERNA [Ministry of Natural Resources and the Environment] or the Minister of the Environment please."

PAGE ELEVEN: February 21 at 5:49 pm from Sergio Rodriguez to six others and David Castillo: “They might get scared signing”

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COPINH writes: “Days before Berta Cáceres’s murder, Sergio Rodriguez informed the Whatsapp group chat ‘Security PHAZ [Agua Zarca hydroelectric project]’ about actions to monitor Berta. “I already asked the informant to go in order to find out what it’s about, the other informant, I haven’t been able to communicate with him. Both participated in the event last Saturday.”

PAGE TWELVE: February 26 at 4:21 pm from Sergio Rodriguez to six unidentified people and David Castillo: “Tomorrow, Berta will sent for a group from Tejera [a community in Rio Blanco] to San Pedrito to meet them in La Esperanza. I already asked the informant to go and find out what it’s about. The other informant, I haven’t been able to communicate with him. Both participated in the event last Saturday.”

• From Sergio Rodriguez: “Today, a group of approximately 15 people left for La Esperanza for a training for the radio. They informed me that Francisco Javier is in that group and he’s going to put in his resignation to copinh’s coordination team in La Tejera [community] in front of Berta. They assure me that the decision is irrevocable.

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COPINH writes: “The conversation demonstrate Jacobo Atala’s participation in coordinating with the Ministry of Security. One of the messages says: “It would be good to meet before in order to discuss our unified position about the support from public forces” to which he responds: “Correct, at 7:30 in CAMOSA [John Deere tractor and equipment dealership], according to an email sent by Mr. Jacobo”

PAGE THIRTEEN: October 8 at 3:36 pm from David Castillo: “Correct, at 7:30 in CAMOSA, according to the email sent by Mr. Jacobo”

• From 9452-8319: “Ok”

More Details

Messages Extracted From Sergio Rodriguez’s Phone

• Several additional messages were read by the data extraction expert, many of which are translated above.

• Towards the end of the proceedings, the court interrupted the expert and expressed concern that the messages being read on request from the private accusers, were redundant and did not add new elements to the case. The private accusers explained that the public, the Cáceres family, and the Rio Blanco community have never heard these messages. The prosecutors argued that some are redundant but they are not against continuing to read additional messages provided they bring new elements. The defense argues that the private accusers have ulterior motives and that the responsibility of the court is not to please people outside of the legal process or procedures.

• The court deliberates and decides that the private accusers must identify the messages they have asked the data expert to continue to read, that highlight new details then suspend the proceedings for the day.

• The data extraction expert will continue to examine the messages found in Sergio Rodriguez’s phone on Monday, May 10 at 8:30 am.

DAY TEN: Trial Against David Castillo

Last update: May 7 at 3:56 pm

Main Points of the Day

• After a suspicious suspension of the trial yesterday, COPINH, the Honduras Solidarity Network (HSN) and others, raised concern of a possible attempt to shut down or influence the trial at a critical moment, specifically during the examination of data extracted from a cell phone found in DESA’s office and belonging to Daniel Atala. Although still unclear why the suspension occurred, the proceedings began today at 11:20 am.

• More Whatsapp and text messages involving Daniel Atala, David Castillo, Jose Eduardo Atala, Carolina Castillo, and Maria Fernanda Rivera, were read in court. The messages illustrated a few themes: Racism; Daniel Atala’s hatred of Berta Cáceres and COPINH; the Atala Zablah family using their influence with Ministers, judges, mayors, prosecutors, government officials from the Secretary of Natural Resources and the Environment (SERNA), former President Porfirio Lobo, amongst others, to provide security and support for the Agua Zarca project, prosecute Berta and others, as well as take action against the resistance in Rio Blanco. The messages also illustrate how bribes were paid to government officials and food was purchased for police guarding the dam site. COPINH published some of the chat transcripts (see below).

• A USB memory containing data extracted from Sergio Rodriguez’s cellphone was found to contain much less data (37 gbs) than what the data extraction expert noted on his written analysis (51.8 gbs) suggesting evidence manipulation or a major administrative error. The defense argues that the evidence be thrown out - claiming that prosecutors key expert witness Brenda Barahona, who still has not testified, is responsible for this “criminal act” - and the private accusers and prosecutors insist that an investigation occur. Apparently the prosecutors knew of the missing data beforehand. After a lengthy debate, the judges rule that the evidence will be examined as it had already been admitted by the court.

• The examination of data extracted from Daniel Atala’s phone ended and that of Sergio Rodriguez will begin tomorrow. The court suspended the session at 12:53 am and will convene again tomorrow at 1:30 pm.

COPINH publishes the following chats and writes: “IMPORTANT: Who were Daniel Atala’s allies? - Commissioner Lagos and the Minister of Security in 2013 were people mentioned in Daniel Atala’s communications, to harass and judicially persecute members of COPINH. Elsia Paz would be in charge of monitoring Berta Cáceres and mentions: “He/she have investigated her very well". Martiniano Domínguez, the former mayor of Intibucá, used his influences to request from ex-President Porfirio Lobo in meetings of the Council of Ministers, for more attacks to “resolve” COPINH’s blockade.”

“In a conversation between Douglas Bustillo (convicted for Berta Cáceres’s murder) and Daniel Atala, it was revealed that DESA paid for the food of police officers that operated in Rio Blanco. In this same conversation, it was revealed that DESA had informants inside COPINH that passed information to Atala and David Castillo. Payments for informants were made monthly.”

“Daniel Atala and David Castillo Mejía coordinated actions to follow and monitor Berta Cáceres. In this conversation, it was revealed that Daniel Atala provided personal to Castillo in order to carry out the monitoring.”

PAGE ONE (the parts highlighted in yellow): April 27, 2013 12:04 am, Daniel Atala to Carolina Castillo: “It can’t be”

• 12:09 from Carolina Castillo: “Yes .. I think its excessive”

• 10 am from Daniel Atala: “Fuck, is it possible that David spoke with the Minister”

• 12:10 am from Daniel Atala: “Because they know we are desperate and they want to take advantage”

• 12:12 am from Carolina Castillo: “It’s an option but the honorariums are really high and if you add them up, it’s 50,000.”

PAGE TWO: June 13, 2013 7:41 pm, Daniel Atala to David Castillo: “Martiniano Dominguez [former mayor of Intibuca] went public talking on HRN [a national radio] about the verdict yesterday.”

• 7:41 pm from Daniel Atala: “Attacking COPINH”

• 7:41 pm from Daniel Atala: “He spoke well”

PAGE THREE: August 20, 2013 8:07 pm from Douglas Bustillo to Daniel Atala: “Hi Danny, I need to know if you’re going to deposit 1000 lempiras that are to pay the informant for 2 weeks because they give him 500/week”

• August 22, 2013 4:39 pm from Douglas Bustillo: “Dani let me know about the money for the informant.”

PAGE FOUR: Sept 10, 2013 7:51 pm from Daniel Atala to Douglas Bustillo: “And why didn’t they go and get the old woman out of there”

• 7:51 pm from Daniel Atala: “And the police that are there?”

• 7:52 pm from Douglas Bustillo: “Berta has been there since yesterday in La Tejera [community in Rio Blanco]

• 7:57 pm from Douglas Bustillo: “It’s more than that they detained her at the police check point and let her pass. Sub-commissioner Martell ..”

PAGE FIVE: September 27, 2013, 5:52 pm from Douglas Bustillo: “Good afternoon Dany, at the moment, there is nothing going on in the camp and the other thing, with respect to the payment for the food for Cristina here in the camp and Ms. Irenia that gives food to the police in El Barreal, are without money and maybe you could get them something.”

PAGE SIX: December 4, 2013 4:04 pm from Douglas Bustillo to Daniel Atala: “Ok and the other thing, we still have to deal with the informant’s 2500 and 500.”

• 7:02 pm from Douglas Bustillo: “Dany the informant’s money”

PAGE SEVEN: July 24, 2013 2:55 pm from David Castillo to Daniel Atala: “To go and see Berta”

• 2:56 pm from Daniel Atala: “Ok, now?”

• 2:56 pm from David Castillo: “When you have it/him/her available”

More Details

More Chats From Daniel Atala’s Cell Phone

• The private accusers representing the Cáceres family ask data extraction expert David Alexander Amador to continue reading specific Whatsapp chats that were extracted from Daniel Atala’s cell phone. Occasionally, the judges interrupt the expert when its unclear whether the chats are relevant to the case or not.

• September 6, 2013 at 2:50 pm from Daniel Atala to Carla O “I hope the indios [sometimes a derogatory word depending on context for indigenous people] stop bothering us.” “Yes, I’ll tell you [inaudible name] about all the messes”

  • Carla O: “[inaudible] almost ignorant. Ah ha, good, that’s an improvement;”

• April 26, 2013 at 2:01, Daniel Atala: “Uh huh, hell, instead of fighting with those indios”

• April 15, 2013 at 4:12 pm from Daniel Atala to Raul Agüero: “44,000, if this project doesn’t happen, don’t even bother asking for me” “haha”

  • 4:13 pm from Raul Agüero: “Why wouldn’t it happen?”

  • 4:13 pm from Daniel Atala: “If LIBRE wins, they will take away the concession and the indios will invade it.” “It’s the most probable scenario”, “Uh, you have no idea, he’s a chill guy, he will resolve the mess in two punches”

  • 4:14 pm from Raul Agüero: “You’re gunning for JOH” “Everything will work out well”

  • 4:15 pm from Daniel Atala: “Him or Mauricio, I don’t give a shit as long as LIBRE doesn’t win.” “I want political stability.”

• September 20, 2013 at 9:49 pm from Daniel Atala: “I just had a huge victory in the hearings in La Esperanza, Intibuca today”, “Bitch going to jail without bail”, “There is a shit show going on in the court, the indios invaded the building, I’m shitting my pants that they’ll come look for me.”

• December 16, 2014 at 4:20 pm from Daniel Atala: “and Neymar [Brazilian soccer player] is just a little shitty gay guy [negrito culero indio basura is hard to translate into English but classist and racist making reference to his mixed ancestry and economic background] and he falls down, pretends and cries to the referees in all the games.”

• September 15, 2013 at 11:29 pm from Daniel Atala: “[displays a picture of a meeting in the Council of Ministers]” “Look where I was yesterday", “Lenca community in support of PHAZ [Agua Zarca hydroelectric project]”, “I’m not going to be able to drive, [inaudible] 80 clients in the evening”, “haha yes” “with like 80 indios that I brought from the project” “so they could go and tell the President that because of a few extortionists, they are missing development opportunities.”

  • Chocoya Saval writes: “haha” “Who are you with there?”

  • From Daniel Atala: “For sure” “we are the majority”, “we signed an agreement”

  • Chocoya Saval writes: “Ah, now I get it” “thats the group” “the group that is on your side”

• April 23, 2013 at 7:23 pm, chat with participants David Castillo and Daniel Atala. David Castillo writes: “Dany I need the cash for the meetings in the afternoon”

  • Daniel Atala: “What time are you leaving?”

  • 7:25 pm from David Castillo: “3 or 4”

  • David Castillo: “The mayor just asked Pepe [Lobo, the former President of Honduras] to resolve DESA’s problem caused by COPINH”

  • David Castillo: “They just saw him/her in the Council of Ministers”

  • David Castillo: “We have a mayor”

  • Daniel Atala: “The one from Intibuca went?”

  • David Castillo: “yes”

  • Daniel Atala: “Excellent”

  • Daniel Atala: “Fuck and have you heard from Minister Green?”

  • David Castillo: “He asked him directly”

• May 3, 2013 at 2:51 pm. David Castillo: “Dany, I need the cash”. “To take it to Intibuca” “I’m going to head to the office”

  • Daniel Atala: “Ok” , “Are you there yet?” “I’m in a shit ton of traffic”

  • 3:23 pm Daniel Atala: “Ok I’m in the office”

  • David Castillo: “Ok, I’ll head over there.”

  • Daniel Atala: “Remember that there is only 65 because the rest is for the Minister.”

  • David Castillo: “Yes”

  • 7:21 pm Daniel Atala: “The Chinese fucked it up” “The Chinese, son of bitch, took advantage to come and complain”

  • May 4, 2013 2:54 am David Castillo: “We are leaving”

INCOMPLETE.

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.

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: 

1. November 22, 2015 at 5:50 pm to 9990-0946 Whatsapp David (erased): “Good morning, Mr. Castillo. Complete the 50%”

2. November 22, 2015 at 5:55 pm from David (erased): “6:15 pn”

3. 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]

4. November 22, 2015 at 6:03 pm to David (erased): “6:15 or in 30 minutes”

5. November 22, 2015 at 6:16 pm from David (erased): “Bustillo, get your act together”

6. November 22, 2015 at 6:17 pm to David (erased): “And have everything prepared because it could be that it happens soon”

PAGE TWO: 

1. 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.”

2. 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