DAY SEVENTEEN: Trial Against David Castillo

Last update: May 16 at 1:20 pm

Main Points of the Day

  • The prosecutor’s expert witness Brenda Barahona began an over 400 page presentation and analysis of telecommunications (phone calls and texts) of and between the seven men convicted for involvement in Berta’s murder, David Castillo, Daniel Atala, and other unidentified numbers. Through cell phone tower localization data, Barahona traced the physical locations of each person over different periods of time (24 hours before/after Berta’s murder, 2015, 2016, etc) and related each to the physical locations of the other suspicious individuals. This data was presented without conclusions (so far).

  • The data is similar to what was presented in the previous trial against the seven convicted men but included more telecommunication and localization data about David Castillo and possibly Daniel Atala. The following was revealed:

    • In the 24 hours period 12:00 am on March 2, 2016 to 12:59 pm on March 3, 2016, the phone number used by David Castillo called Douglas Bustillo, Sergio Rodriguez, Jorge Avila (DESA’s head of security), and Daniel Atala. Castillo exchanged four text messages from Bustillo and sent one. According to phone towers, Castillo was in Tegucigalpa around this time frame

    • In the same 24 hour period, Daniel Atala communicated with David Castillo and Jorge Avila and according to phone towers, was located in Tegucigalpa.

  • The data seems to show that communication increased amongst the criminal group - between some more than others (for example between the lead hitman Henry Hernandez and Douglas Bustillo; and amongst some the hitman) - in the 24 hour period around the time of the murder and around February 5 and 6, 2016. Douglas Bustillo’s telecommunications data seems to be the key of linking Castillo with the communication between Bustillo and the group of hitman.

  • The extensive witness analysis will continue tomorrow at 9 am.

More Details

Telecommunications Analysis

  • Expert witness Brenda Barahona begins by outlining the methods of extraction: Cellebrite UFED, PC software, internal phone applications, and manually.

  • Overviews cell phone tower ranges showing a picture of the cell tower in La Esperanza that embarks the El Líbano residency, where the murder occurred. The geographical distance that corresponds to a cell tower’s range is called LAC (Location Area Code)

  • Explains the technical elements of identifying a cell phone’s IMEI [like an individual code unique to each phone]

  • An extraction of Berta Cáceres cell phones are presented. There are two:

    • A Blu cell phone [a small non-smart phone] with only four numbers saved in it; and also Berta’s Sony Xperia phone

    • Using the Sony cell phone, a timeline of events starting at one hour before the murder is presented. The timeline outlines incoming/outgoing calls, connections to wireless networks, text messages, a login into Facebook, etc.

      • A phone call goes into Berta’s phone at 23:27:33 (this is suspected as being the last call before/during the murder) and then several on-going calls (Gustavo’s frantically trying to find help) from 23:39:31 to 00:38, after the murder.

      • Barahona describes, using telecommunication data, Gustavo’s lack of success at getting through to the first phone numbers he calls and how the phone ran out of phone credit (Salvador, Victor Fernandez, Tomas, etc).

Photo of presentation published by COPINH. Title reads: “Time line of Days 2 and 3, last events done and received by Ms. Bertha Caceres between 18:17:00 and 0:09:00 when it is detected the first message informing about her death.”

Photo of presentation published by COPINH. Title reads: “Time line of Days 2 and 3, last events done and received by Ms. Bertha Caceres between 18:17:00 and 0:09:00 when it is detected the first message informing about her death.”

  • Using the phone towers corresponding to the area where El Líbano is located, Barahona explains how odd and irregular phone numbers that connected to the cell tower the night of the murder (between 22:00 on March 2 to 4:00 on March 3, 2016), were identified.

    • The first identified suspicious phone numbers that pinged off the El Líbano cell tower within the designated timeframe (00:00 on March 2 to 23:59 on March 3, 2016) were 9484-2712; 9777-5627; 8803-3076, 8740-0653, and 9842-6844

Identifying Owners of The Suspicious Phone Numbers In Close Proximity to Crime Scene

The owners/users of the suspicious numbers were then identified and telecommunication registries between 00:00 on March 2, 2016 to 23:59:59 on March 3, 2016 were noted:

  • 9484-2712 belonged to Oscar Aroldo Torres Velásquez, received 10 incoming calls and 3 outgoing calls from/to another suspicious number (8803-3076). 11 of the phone calls within the time frame specified above. All pinged off the cell towers corresponding to the area where El Líbano is located.

    • The geographical location and movement of the phone within the same time frame showed that the phone pinged off a cell tower in La Ceiba [northern Honduras] and travelled on March 2 to the department of Intibuca.

photo published by copinh. title reads: “Location of telephone No. 9484-2712 (oscar aroldo torres) in the period of 00:00:00 to 23;59:59 on 03/03/2016”

photo published by copinh. title reads: “Location of telephone No. 9484-2712 (oscar aroldo torres) in the period of 00:00:00 to 23;59:59 on 03/03/2016”

  • 8803-3076 used by Edilton Atilio Duarte Meza, made 10 outgoing calls to Oscar Torres [number above] and 12 to a suspicious number, 9775-5627 in the possession of Henrry Hernandez. In the few minutes around the time of the murder, four of those calls were made to Oscar Torres and Henrry Hernandez and pinged off the tower capturing calls from El Líbano.

    • The geographical movement of the phone within specified timeframe shows that it travelled from La Ceiba to Intibuca the day of the murder and pinged off the relevant phone towers over the course of the trip.

PHOTO published by copinh. Title reads: “Location of telephone No. 8803-3076 (Edilson Atilio Duarte Meza) in the period of 00:00:00 to 23;59:59 on 02/03/2016”

PHOTO published by copinh. Title reads: “Location of telephone No. 8803-3076 (Edilson Atilio Duarte Meza) in the period of 00:00:00 to 23;59:59 on 02/03/2016”

  • 8740-6538 used by Elvin Heliberto Rápalo Orellana, made 8 outgoing calls and 21 outgoing and 15 incoming texts to/from Douglas Bustillo and had 3 incoming calls from Henry Hernandez. In the same time frame, the phone pinged off the towers in La Ceiba, Santa Barbara [where he resided], Intibuca around the hours before the murder, and the later in the day in the northern city of El Progreso.

  • Later on in the analysis, the expert shows the amount of communication between the hitman during different time frames (2015 and in 2016).

Telecommunications of Group’s Head Hitman (Henry Hernandez)

  • 9775-5627 used by Henrry Javier Hernandez Rodríguez (believed to be the ringleader of the hitman) made several phone calls in the specified period: 16 outgoing and 2 incoming calls and 26 outgoing and 31 incoming text messages to/from Douglas Bustillo; 4 on-going calls to suspicious number 8740-6538 in the possession of Elvin Heliberto Rapalo Orellana; and 3 out-going and 13 incoming calls and 1 outgoing text to/from Edilson Atilio Duarte Meza. Around the few minutes that the murder occurred, the number connected to cell towers in Intibuca.

    • The geographical movement of the phone within specified timeframe shows that it travelled from La Ceiba to Intibuca the day of the murder and pinged off the relevant phone towers over the course of the trip.

photo published by copinh. title reads: “Location of telephone 9775-5627 (Henrry javier hernandez rodriguez) in the period of 00:00:00 to 23:59:59 of 02/03/2016”

photo published by copinh. title reads: “Location of telephone 9775-5627 (Henrry javier hernandez rodriguez) in the period of 00:00:00 to 23:59:59 of 02/03/2016”

  • In the time frame 29/01/2016 and 12/04/2016, Henrry Hernandez had 43 incoming and 54 out-going calls to/from Douglas Bustillo; 24 incoming and 7 out-going to/from Edilson Duarte Meza; 1 incoming and 7 outgoing to/from Mariano Diaz Chavez; and 4 incoming from Elvin Heliberto Rápalo Orellana.

photo published by copinh. title reads: “the number 9775-5637 used by henry javier hernandez rodriguez during the period 29/01/2016 at 13:49:33 to 12/04/2016 at 13:35:15. He communicated via telephone with:”

photo published by copinh. title reads: “the number 9775-5637 used by henry javier hernandez rodriguez during the period 29/01/2016 at 13:49:33 to 12/04/2016 at 13:35:15. He communicated via telephone with:”

  • Hernandez’s cell phone connected to the cell towers in Intibuca from January 29 to 31, 2016, February 5 to 6, 2016 [when is the suspected date of the aborted attempt to murder Berta Cáceres] and again on March 2 to 3, 2016.

Telecommunications of Other Suspicious Individuals

  • 3328-1417 used by Mariano Díaz Chávez, made one call to Douglas Bustillo at 12:47:45 on March 2, 2016. In the specified time frame, Díaz Chávez was located in Tegucigalpa.

  • 9992-6503 used by Sergio Ramón Rodríguez Orellana, made calls to Douglas Bustillo at 6:29:10 on March 3, 2016; several incoming/on-going calls and 1 incoming a 1 outgoing text to/from Jorge Avila between 18:16:22 on March 2, 2016 to 18:42:37 on March 3, 2016; and a call to David Castillo at 05:34:18 on March 3, 2016. Data shows that Rodríguez travelled from Santa Barbara (close to the dam site) to Tegucigalpa during the specified time period.

  • 8881-2872 used by Emerson Eusebio Duarte Meza [accused of murder but found not guilty at trial]. He communicated once with his brother, Edilson Duarte Meza during the specific time frame and was located in La Ceiba.

  • 9438-1818 used by an unidentified individual. There was no activity of calls, texts or cell activity in the specific time frame.

  • Another phone number (9873-3907) that according to the data expert’s presentation belongs to an unidentified individual but that is registered by the Standard Fruit de Honduras S.A./Rafael de Jesús Hasbun Altamirano, was identified as suspicious.

    • In the time frame specific above, there were 19 incoming and 43 outgoing calls to phone number 9789-4733 for a total of 172 calls. None of these calls were made to suspicious phone numbers.

    • The phone pinged off the towers in the department of Yoro during the specific time frame.

  • 9452-8319 used by Jorge Alberto Avila made 6 calls to Sergio Rodriguez and exchanged 1 incoming and 1 outgoing text message with Rodriguez in specific time frame. The phone connected to cell towers located in Comayagua and Intibucá, including specifically being in La Esperanza until at least 12:30:08 on March 2, 2016.

Douglas Bustillo Maintained Communication with the Group of Hitman

  • Another suspicious number identified as having several communications with several suspicious individuals was Douglas Bustillo. In the specified time period (00:00:00 of 02/03/2016 to 23:59:59 of 03/03/2016), there were 3 incoming and 2 outgoing calls to/from one of Henrry Hernandez’s numbers (9726-7794) and 16 incoming and 5 [unclear on diagram] outgoing calls to another number belonging to Henrry Hernandez (9775-5627); 1 incoming and 2 outgoing calls to/from Mariano Diaz Chavez; 8 incoming calls from Elvin Heliberto Rapalo Orellana; 1 incoming call from Sergio Rodriguez; and 14 out-going calls to David Castillo.

PHOTO PUBLISHED BY COPINH. TITLES READS: “OUTGOING AND INCOMING TELEPHONE CALLS FROM 9842-6844 (DOUGLAS GEOVANNY BUSTILLO) IN THE PERIOD OF 00:00:00 02/03/2016 TO 23:59:59 OF 03/03/2016.

PHOTO PUBLISHED BY COPINH. TITLES READS: “OUTGOING AND INCOMING TELEPHONE CALLS FROM 9842-6844 (DOUGLAS GEOVANNY BUSTILLO) IN THE PERIOD OF 00:00:00 02/03/2016 TO 23:59:59 OF 03/03/2016.

PHOTO PUBLISHED BY COPINH. The text reads (top to right): “The number 9842-6844 used by Douglas Geovanny Bustillo, in the period spanning 01/01/2016 at 3:17 am to 18/04/2016 at 19:21. By telephone call, the number communicated with the numbers:”Right hand side: “3328-1417, used by Mariano Díaz Chávez, with a total of 76 incoming/outgoing telephone calls. 8740-6538, used by Elvin Heliberto Rápalo Orellana with a total of 8 incoming/on-going calls. 97267794, used by Henrry Javier Hernández Rodríguez with a total of 99 incoming/out-going telephone calls. 9990-0946 used by David Castillo with a total of 17 incoming/outgoing calls; 9775-5627 used by Henrry Javier Hernández Rodriguez with a total of 97 incoming/outgoing calls; and 9992-6503 used by Sergio Rodriguez with a total of 1 incoming/outgoing call.

PHOTO PUBLISHED BY COPINH. The text reads (top to right): “The number 9842-6844 used by Douglas Geovanny Bustillo, in the period spanning 01/01/2016 at 3:17 am to 18/04/2016 at 19:21. By telephone call, the number communicated with the numbers:”

Right hand side: “3328-1417, used by Mariano Díaz Chávez, with a total of 76 incoming/outgoing telephone calls. 8740-6538, used by Elvin Heliberto Rápalo Orellana with a total of 8 incoming/on-going calls. 97267794, used by Henrry Javier Hernández Rodríguez with a total of 99 incoming/out-going telephone calls. 9990-0946 used by David Castillo with a total of 17 incoming/outgoing calls; 9775-5627 used by Henrry Javier Hernández Rodriguez with a total of 97 incoming/outgoing calls; and 9992-6503 used by Sergio Rodriguez with a total of 1 incoming/outgoing call.

David Castillo’s Telecommunication Activity

  • Within the specified time frame (00:00:00 on 02/03/2016 to 23:59:59 on 03/03/2016), Castillo (to phone number 9990-0946) received phone calls to/from Jorge Avila, Daniel Atala, Sergio Rodriguez, and Douglas Bustillo. Castillo received 31 incoming and 2 out-going texts to/from 9991-0594 [not specific who this is and appears to not have been ruled out of the investigation] and 4 incoming and 1 outgoing texts to/from Douglas Bustillo.

  • The first text communication with Douglas Bustillo occurred at 8:24:21 on March 3, 2016. The text was outgoing and an incoming text from Bustillo came at 9:57:25.

  • In the specified time frame, David Castillo’s phone connected to phone towers located in Tegucigalpa

photo published by copinh. Title Reads: “OUTGOING AND INCOMING TELEPHONE CALLS FROM 9990-0948 (Roberto David Castillo mejia) IN THE PERIOD OF 00:00:00 02/03/2016 TO 23:59:59 OF 03/03/2016.

photo published by copinh. Title Reads: “OUTGOING AND INCOMING TELEPHONE CALLS FROM 9990-0948 (Roberto David Castillo mejia) IN THE PERIOD OF 00:00:00 02/03/2016 TO 23:59:59 OF 03/03/2016.

Daniel Atala’s Telecommunications Activity

  • Within the specific time frame, Daniel Atala (9624-0728) made two calls: One to Jorge Avila (March 3, 2016 at 16:53:11) and the another to Castillo (March 3, 2016 at 21:58:06). This cell phone number connected to cell towers in Tegucigalpa during this time frame.

Berta Cáceres’s Telecommunications Activity

  • From her 9827-0708 phone number, Berta made one outgoing phone call and 4 text messages to Castillo between 01/01/2015 and 31/12/2015.

    • Several telephone calls were made between Berta and other unidentified numbers that had communication with the hitman [This is believed to be informants of the criminal structure].

    • Berta had two incoming calls between 01/01/2016 and 11/03/2016 to 9735-4010 registered her her phone as “Salvador Sánchez,” [an informant?] who during this same period had 7 incoming and 13 out-going calls to Sergio Rodriguez.

  • From her 9911-0085, Berta had 49 incoming calls and 21 outgoing calls and 25 outgoing and 14 incoming texts to/from David Castillo; and had 3 incoming calls from Douglas Bustillo in the time period 01/01/2015 to 31/12/2015. There was no calls with any suspicious phone numbers during the period 01/01/2016 and 07/04/2016 but there were 17 outgoing and 3 incoming texts from David Castillo.

    • In the period 01/01/2016 and 07/04/2016, Berta had communication with 5 different unidentified phone numbers that then, in the same period, were linked to telecommunication with Henrry Hernandez, Douglas Bustillo, Sergio Rodríguez, Oscar Torres, and David Castillo. [NOTE: To me, this demonstrates a criminal structure monitoring and closing in on her].

    • In the period 01/01/2016 and 07/04/2016, Berta sent one text message to 9735-4010 [saved in her phone as Salvador Sánchez, who during the same period, had 7 incoming and 13 outgoing calls to/from Sergio Rodriguez

DAY SIXTEEN: Trial Against David Castillo

Last update: May 15 at 8:13 am

Main Points of the Day

There was a very short session today of approximately 20 minutes. Just as the prosecutor’s expert witness Brenda Barahona was about to begin, Castillo’s defense attorneys argued that the witness should testify using the written submitted analysis and not a Powerpoint presentation. After arguments were heard, the judges ruled that the visual presentation will be allowed but that the defense has the right to review it before it is examined in court. The trial was suspended to allow for the defense to review it and the expert witness will begin testifying tomorrow at 9 am.

More Details

Facebook Live Broadcast Cut Out

The live broad cast on Facebook cut out and did not show Brenda Barahona’s initial statements (being sworn in, ratifying the written analysis) nor when she informed the court of approximately 133 corrections to her original written analysis. This was later reported by the Honduran media.

The fact that there are corrections to her analysis, is not unusual. In all the documents that have been ratified so far, experts have had the opportunity to indicate if there are any errors or incorrect information. It is likely the number of corrections and the fact that she’s a key witness for the prosecutor, caused the subsequent response from the defense.

Media Coverage About the Trial

Castillo’s defense attorneys and their allies, are landing articles in major Honduran newspapers that include evidence or key elements raised in the trial that appear to favor Castillo. For example, La Tribuna posted an article titled “An exchanges of messages with accused revealed in trial for crime against Berta Cáceres” which includes chat messages that the defense argues, favors Castillo’s argument that he and Berta were friends. They also discuss medical bills that Castillo allegedly covered for Berta’s mother, Austra Berta Flores, but does not include the specific chats that reference this (many of which are rather ambiguous and difficult to interpret).

Another example of detailed national media coverage is the article by El Tiempo titled “Berta Cáceres trial suspended: Expert recognizes 133 errors in the evidence.” It is clear from the information in this article that many of the details (the number of errors and that the analysis is presented by the Defense and Security Council) were passed to the media outlet. Any online trial observers were not present when these discussions occurred.

It is clear that Castillo’s defense has access to major newspapers and a well-developed media strategy intended to create public doubt about the accusations against him.

DAY FIFTEEN: Trial Against David Castillo

Main Points of the Day

  • Although not mentioned during the trial proceedings, the court rejected the request by Daniel Atala’s attorney and maintained the decision to call him as a witness proposed by the Cáceres family attorneys (see photo below).

  • The trial was only in session for two hours today. Tomorrow at 9 am, the prosecutor’s key expert witness, Brenda Barahona, will begin her analysis. Barahona will analyze the telecommunications found on various cell phones. She is expected to testify for several days.

20712.jpg

PHOTO CAPTION: The court maintained it’s position calling Daniel Atala to testify. It seems that Atala’s attorney attempted to argue that Atala should not testify because he is being investigated, a right granted by Honduran law. The court responds: “… this court has no knowledge that Mr. DANIEL ATALA MIDENCE is being investigated, much less accused.”

More Details

During the short trial sessions today, data extraction expert David Amador Alexander finished a cross examination conducted by the defense’s technical consultant and the defense attorneys. Another expert ratified picture extracted from Sergio Rodriguez’s phone previously mentioned in the trial. Tomorrow the trial will be held from 9 am to 11 am and again at 4 pm.

DAY FOURTEEN: Trial Against David Castillo

Last update: May 14 at 8:25 pm

Main Points of the Day

  • After ratifying documents presented as evidence, Castillo’s defense asked the court secretary to read approximately 2.5 to 3 hours of chat messages between David Castillo and Berta Cáceres. The chats were extracted from Berta’s phone found at the scene of the crime. The first messages were dated June 27, 2013 and the last in late February 2015, just days before Berta was killed. The chats discussed the following topics: Most were pleasantries (good morning, Merry Christmas, have a safe trip, how are you, I appreciate your friendship, etc.); about health issues including those of Castillo’s and Berta’s mother; discussions about automobile agencies and car rentals, discussing places and times to meet, and David commenting about information he received about Berta’s whereabouts or activities in Rio Blanco and Tegucigalpa. The defense hopes to use these messages to argue that Castillo and Berta were friends. While the Cáceres family attorneys - who also asked that the messages be read - argue that they demonstrate how Castillo kept tabs on Berta, monitored her activities, and hoped to gain her trust. Below are some of these chats published by COPINH

  • The trial started today at 10 am, was suspended various times, and ended at 7:15 pm. It is convened to begin again tomorrow afternoon.

COPINH writes: “These chats show how there was a rupture in communication between Castillo and Berta Cáceres, that coincides with the actions to plan and executive her murder. “I’m disappointed, I thought that you would be different from the Atala and Facusse” wrote Berta Cáceres. Castillo’s communications to Berta do not prove Castillo’s innocence, on the contrary, they show his interest in seeking information and carrying out his own intelligence surveillance.”

All conversations in the three pages above are translated below.

PAGE ONE: On January 26, 2016 at 23:30 from Berta to Castillo: “No, no. You will be satisfied. It’s not worth it anymore … I think”

Castillo to Berta: “Hi Berta I didn’t understand everything from your message. I just understood that you’re no longer available.”

Berta to Castillo: “Now no, I’m disappointed. It’s not worth it now”

Berta to Castillo: “I thought you would be different from the Atala and Facusse.”

On February 8, 2016 at 15:17 from Castillo to Berta: “What do you mean by different?”

Berta to Castillo: “Good morning. How are you?”

Berta to Castillo: “You know them and you know”

Berta to Castillo: “You know … It’s weird what you wrote.”

Castillo to Berta: “Yes, I know them well, we are friends, but I don’t know what you think would be different. I know I’m very different but I don’t know what you think.”

Castillo to Berta: “They told me that you were visiting La Tejera and it made me want to say hi”

PAGE TWO: [A continuation of the conversation above] On February 8, 2016 at 15:48 from Berta to Castillo: “Really? You wanted to say hi or fight?”

Castillo to Berta: “To say hi”

Castillo to Berta: “I have nothing to fight with you about”

Berta to Castillo: “do you need to”

Berta to Castillo: “?”

Berta to Castillo: “Well … You told me it’s not to fight”

Castillo to Berta: “I need to fighting? No … Why would you think that? Who likes to fight?”

Castillo to Berta: “You know that I don’t like to fight”

Castillo to Berta: “and that I’m a person that dialogues and talks”

Berta to Castillo: “I think that there are people from your world that can have integrity, I thought that you could be one of the exceptions!”

Berta to Castillo: “I think that you can be capable in some place of having kindness, integrity, ethics and humanity, including giving love and good things, but you are also capable of being like one of those bastards, who enjoy a type of power and impunity”

PAGE THREE: [Continuation of the chat above] same date, from Castillo: “For sure, there are business men and investors with a lot of integrity”

Castillo writes: “and yes, and you describe my qualities very well, I think you know them and I don’t have to repeat them or say them.”

Berta writes: “don’t confuse things, I’m saying that from a correct, honest concept, with integrity”

Castillo writes: “You as well, have my appreciation and have many good qualities”

Berta writes: “You’re capable of throwing these good things into the garbage too!”

Castillo writes: “Throw away appreciation?”

Castillo writes: “The good qualities”

Berta writes: “I’m disappointed! For so many reasons. And it’s not like you have to be a certain way with me or to show appreciation if you want! But I thought that you were a good human, even being from that shitty world … you could be different.”

Castillo writes: “I don’t think we should give opinions about the work we do, we both do it with the faithful belief that it is for the good of the many people around the areas we work in”

Castillo writes: “I also, have been disappointed in myself! So we share that”

Castillo writes: “as things are”

Berta writes: “And know what? … Even though its like that, sometimes I even want to say hi!”

Castillo writes: “From the different places we work, with conflicting viewpoints but we maintain a friendship with encouragement and respect.”

More Details

Chats Between David Castillo and Berta Cáceres

  • The court secretary read messages dated between June 27, 2013 to end of February 2015. Many are very short pleasantries. Most are largely insignificant but demonstrate that they stayed in contact over several years. COPINH published the chats where Berta was more direct with Castillo but several times, she messages Castillo and asks about his health. The rest of the topics in the messages are noted above in ‘Main Points of the Day.’

DAY THIRTEEN: Trial Against David Castillo

Last update: May 12 at 2:23 pm

Main Points of the Day

  • More messages extracted from the “Security PHAZ” WhatsApp chat in Sergio Rodriguez’s phone were read in court.

    • The Cáceres family attorneys requested chats that discussed: (see chats published below by COPINH)

      • how Pedro Atala, using his connections, and was told by Julian Pacheco, the Minister of Security, that Berta’s murder was a “lio de faldas” (a passionate crime);

      • How DESA’s executives, David Castillo and DESA’s employees discussed communication strategies after Berta’s murder to hide and downplay DESA’s involvement in the crime

      • How police guaranteed exclusive information about the murder investigation to DESA’s executives.

    • On request from the Castillo’s defense, the data extraction expert read several messages from the same data extraction that discussed:

      • Projects carried out by DESA such as fixing the road and the soccer field in communities close to the dam site and meetings held with elected community councils (in La Estancia and Santa Fe)

      • Security concerns around the project including: An armed criminal gang, safety concerns by community residents; and possible vandalism and attacks by COPINH members

      • Monitoring and communication after the murder: Media reporting about the news of the murder including about how the principal suspect (Aureliano Molina) had been detained and that COPINH members were allegedly involved in the murder; and statements by COPINH’s allies in the press about the murder.

      • The investigation, including that ATIC agents were destroying legal documents [it’s unclear where this occurred];

      • The urgency of communicating with the international banks supporting the project after the murder occurred, including a phone call with the FMO, Finnfund and BCIE bank representatives on March 16, 2016.

    • In order to keep the trial moving forward, documents presented as evidence by the prosecutors, the private accusers, and the defense were examined and read by the court. The trial was suspended at 5:30 pm and will begin again tomorrow at 9 am.

COPINH writes: “‘The Minister of Security told Pedro [Atala] today that it was a lio de faldas" [passionate crime]" Daniel Atala assured Sergio Rodriguez about Berta Cáceres’s murder, demonstrating influence peddling in high levels of the police in order to guarantee their impunity”

Highlights parts only are translated below.

PAGE ONE: On March 3, 2016 at 6:32 pm from Sergio Rodriguez to 9624-0728: “UDEP No. 10 [Departmental Prevention Unit, Honduras National police, #10] La Esperanza Intibuca. Good morning sir. With respect, I inform you that today Thursday 3/3/2016 at 3:30 hrs. In the house of Ms. Bertha Isabel Caceres Flores. The body was identified …”

  • From 9624-0728: “Sergio, relax. You’re very negative. Everything will be ok you will see. Don’t panic and make others panic too.”

  • From 9624-0728: “The Minister of Security told Pedro today that it was a “lio de faldas” [passionate crime]”

********

COPINH writes: “Hours after Berta Cáceres’s murder, Sergio Rodriguez informed the “Security PHAZ” chat. This conversation shows the coordination by Castillo and company employees to carry out communication strategy to disassociate themselves from the crime”

PAGE TWO: On March 3, 2016 at 11:42 am from Sergio Rodriguez to six people and David Castillo": “In the early hours of the morning, Berta Caceres was killed at 2 am in her house in La Esperanza”

  • From David Castillo: “We must coordinate security and communication immediately. For us, its a crisis that we must anticipate is coming at us”

PAGE THREE: On March 3, 2016 at 11:50 am from 3278-7416: “I’m trying to contact Mr. Jesus about actions”

  • From 9457-0137: “Watch out for reprisals!”

  • From Sergio Rodriguez: “We, on an individual level, we must take precautions"“

  • From 9458-0137: “The guy from HCH already mentioned it”

  • From 3392-4868: “What did he say?”

  • From 9457-0137: “The threats from the Agua Zarca project”

PAGE FOUR: On March 3, 2016 at 12:05 pm from Sergio Rodriguez: “We need a meeting first thing to analyze everything and define actions”

PAGE FIVE: On March 3, 2016 to 12:06 pm from Sergio Rodriguez to a group chat including David Castillo: “Remember we recently presented a legal complaint against COPINH and she was in it”

  • From David Castillo: “We should meet with the communication team as soon as possible”

  • From David Castillo: “Mr J what time are you available?”

  • From David Castillo: “Sergio I think that we must go back to the office and coordinate communication”

********

COPINH writes: “Exclusive information about the murder and the investigations were guaranteed by [Police] Commissioner Sanchez, as well as a police presence to “secure” the company’s property.”

PAGE SIX: On March 3, 2016 at 12:28 pm from Sergio Rodriguez to six people and David Castillo: “David there is already information internationally, inform the banks as soon as possible before other organizations close to copinh do”

  • From Sergio Rodriguez: “They are going from Rio Blanco to La Esperanza”

PAGE SEVEN: On March 3, 2016 at 12:40 pm from 3392-4868: “I suggest: The first thing is secure the project site and the high profile people involved in the project. Same for the mayor of SFO [San Francisco de Ojüera] … “

  • From David Castillo: “I already sent an email to the bank”

  • From 3278-7416: “Let’s wait for the miners to make a statement”

  • From 3392-7416: “We should not be the first ones. The left uses that to say that that those that regret it are those that have something to hide. Etcetc”

PAGE EIGHT: On March 3, 2016 at 1:17 pm from Sergio Rodriguez to six others and David Castillo: “7:30 Minister of Security press conference about the case”

  • From 9457-0137: “In TV Globo, they are involving us in the murder, also they have given the communique from Daniel Atala”

  • From David Castillo: “We still have to coordinate with Jorge Avila”

PAGE NINE: On March 3, 2016 at 1:33 pm from 9457-0137: “That Berta has caused a delay in the construction for a value of 3 million dollars and they attribute it to you”

  • From David Castillo: “Security of the site”

  • From David Castillo: “Instructions for the Major is double up security at all work fronts, coordinate with the National Police”

  • From 9457-0137: “I have requested the help of [Police] Commissioner Sanchez and he has given me his support. He is going to inform me of details about the murder and he also recommended we publish a communique that disassociates us from the crime.”

More Details

Chat Messages

  • The chat messages requested by the private accusers are translated above.

  • The data extraction expert David Alexander Amador also read several messages on request from the defense. [NOTE: These chats are read quickly in court. People observing the trial online cannot see the television screen that projects the texts of each message. Without this information begin published, its very difficult to note and report every single message without having to return to the recordings and rewatch the proceedings several times. The summaries of what the messages outlined is above in the ‘Main Points of the Day’].

Examining Documents Presented As Evidence By All Three Parties

The court attempted to advance by moving forward with documents that were presented by the prosecutors, private accusers and the defense. The following are documents that were fully read or partially read in court:

By the Private Accusers:

  • 1. The legal document creating DESA by the Abate Ponce brothers, that COPINH denounces are David Castillo’s employees. The company was originally created with a start up capital of 25,000 Lempiras [~$1020 USD];

  • 2. A legal document outlining DESA’s protocol which establishes DESA’s President: David Castillo, it’s Vice President: Jacobo Atala, and the positions of Jose Eduardo Atala, Daniel Atala, Pedro Atala, Roberto Pacheco Reyes, and at least one other person.

  • 3. The minutes of a meeting outlining protective measures MC-405-2009 for Berta Cáceres Flores in a meeting held in COPINH’s office on August 31, 2015. The document outlines the request for assistance installing security cameras, police escorts for Berta, and other measures.

By the Defense:

  • 1. A legal complaint filed by DESA in the Public Prosecutor’s office against Berta Cáceres dated April 17, 2013 (not read in court)

  • 2. A document provided by Honduran migration authorities outlining David Castillo’s travel history. The entire document is read and the defense indicates they will make use of some of the mentioned dates in their final conclusions.

  • 3. A legal document granted by the Honduran Joint Chiefs of Staff of the Armed Forces indicating David Castillo’s position in the military and that he was never designated in the same brigade as Douglas Bustillo and Mariano Díaz Chavez and is not part of the same promotional year.