DAY TWENTY-TWO: Trial Against David Castillo

Last update: May 23 at 8:00 pm

NOTE: Today, Sunday, May 23, the court notified that the trial will be suspended for two more days. It will reconvene at 9:00 am on Tuesday, May 25.

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NOTE: Today, May 22, the trial did not take place as planned. A judge was reportedly not feeling well causing the proceedings to be suspended until tomorrow (Sunday, May 23) at 9 am.

Main Points of the Day

• Accompanied by a technical consultant, Castillo’s attorneys began questioning expert Brenda Barahona about her telecommunication analysis. They focused on calling into question the following claims: that Castillo’s SIM card was used in 26 different devices; that Berta Cáceres’s phone listed the last activation date as January 16, 2016 but messages and calls came into and out of the phone according to the data, up until March 2016; that Mariano Diaz went to La Ceiba in January 2016 to allegedly plan the murder but received phone calls discussing another job that could explain his presence in La Ceiba; amongst others. The defense also listed one phone number (8929-5274) that made contact with Elvin Rápalo and Edilson Duarte Meza (both convicted of the murder) on March 2 and 3, 2016 and asked why the number was not identified as suspicious and thus investigated. The defense appears to be calling the expert’s work into question but it is yet to be seen how the questions relate directly to their client David Castillo.

• Tomorrow, the defense will continue questioning Brenda Barahona. The prosecution will likely finish presenting all of their evidence and the attorneys representing the Cáceres family will present their witnesses and experts possibly starting tomorrow. The trial will be in session all weekend and will begin tomorrow at 9:30 am

More Details

Defense Questions TeleCommunication Analyst Brenda Barahona

• Castillo’s defense team includes a data extraction technical consultant that began questioning Barahona about the technical and procedural aspects of her analysis. The defense attorneys then began questioning Barahona. Here are most of the questions:

• Q: Why in your conclusion did you say that the SIM card that belongs to David Castillo was used in 26 devices? A: That is what the telephone indicated.

• Q: On January 27, you said that Castillo used a different SIM and that it was an attempted phone call. You indicated the location of the SIM. On another date in 2015, the location of the phone does not appear, why not? A: It says that the location is N/A (not available)

• Q: In your expertise in extraction, what would you attribute the change in IMEI? A: I’m not an expert in IMEI, this corresponds to the [cellphone?] company.

• Q: What are your capabilities in intelligence and counter-intelligence? A: I haven’t mentioned anything about intelligence or counter-intelligence.

• Q: What is your experience in identifying networks of involvement of different actors? I have worked in connecting various people, using data, that are part of involvement in a network. I’m trained to do that type of work.

• Q: You said that the primary data archives are stored on a computer in ATIC [Technical Agency for Criminal Investment]. In what computer is the data obtained from Berta Cáceres’s cell phone stored? A: The machine is called A-PC [?]

• Q: In what department and in whose custody is the evidence and who ensures its integrity? A: It’s in ATIC. I don’t know in what department.

• Q: What is the last activation date of a phone? A: It is the last date that it was used - the last date it received phone calls, chats, etc.

• Q: Why have you established that Berta Cáceres’s cell phone was last activated on January 10, 2016? A: That was the date I was given.

• Q: Then why are there chats and messages received after this last activation date? A: This information was not extracted by me, it was information given to me.

• Q: How many phone calls are there from the number 8929-5274 on March 2 and 3 between the numbers used by Elvin Rápalo and Edilson Duarte Meza? A: I would have to go back into the report and see.

• Q: Why was this phone number (8929-5274) not investigated? A: Because it was not identified as suspicious.

• [The court interrupts and asks how this particular question is relevant to Castillo’s defense strategy. The defense replies that the calls could mean that someone else was involved and that if it was properly investigated then Castillo would not be in prison. The court asks Barahona to make note of this question and to spend time during recess or overnight to gather the data and answer the question the following day].

• Q: How does a “fake hour” [phone is registered with a different timezone] affect the extraction of information? A: It would affect the time zone that the activity is registered.

• Q: On 03/08/2016, there was communication between two numbers, 9851-3171 and 9897-3999 [not sure if those are the correct numbers cited in court], one was used by Mariano Díaz Chávez. Why did you establish that Mariano went to La Ceiba on January 5th to plan Berta Cáceres’s murder when the information in the cited communication says otherwise? A: I don’t believe the report says that he went to La Ceiba on January 4th to plan the murder. I would have to check

• [The court interrupts the questioning and asks Barahona to spend the night finding the relevant data in her report and to answer the defense’s questions tomorrow].

DAY TWENTY-ONE: Trial Against David Castillo

Last update: May 21 at 6:15 pm

Main Points of the Day

• Today was largely uneventful. Telecommunications data analyst Brenda Barahona continued on the stand and answered clarifying questions from the prosecutors and private accusers. The trial will continue tomorrow at 1 pm.

More Details

Prosecutor Questions Telecomm Data Analyst Brenda Barahona

• [NOTE: Most, if not all of the questions sought to clarify Barahona’s original declaration (see yesterday). Below are a few examples of the questions:

• Q: Where were the wiretaps on Mariano Diaz’s cell phone obtained from? A: From a judicial file in another case.

• Q: The file where Mariano’s phone was being tapped, what was the accusation against him? A: Drug trafficking.

• Q: What is David Castillo’s position in DESA? A: I don’t remember

• Q: When Mariano Diaz and Henrry Hernandez refer to “carne asada” in their messages, what do they mean by that? A: That they are going to kill someone

• Q: What was David Castillo’s response to this (names a specific message read previously in court) message? A: He replied “copied”

• Q: How many informants did Bustillo have? A: I don’t know because he never refers to how many. In one message, he said he paid an informant 500 Lps and he was asking Daniel Atala for 1000 Lps for two weeks.

Private Accusers Questions For Brenda Barahona

• Q: What is your designation in the National Investigation and Intelligence Directorate? A: I’m an analyst

• Q: What is the difference between the investigations done by ATIC [Technical Agency for Criminal Investigation] and the intelligence team you work with? A: There isn’t a difference or there shouldn’t be a difference.

• Q: What relationship does your institution have with ATIC? A: In this case, we formed a disciplinary team that included ATIC, DPI, the institution I work for, and foreigners.

• Q: Why was Daniel Atala’s telephone number declared suspicious? A: Because he is part of the company.

• Q: What is the financial role of Daniel Atala? A: Bustillo and Castillo both asked him for money for certain situations.

• Q: Why is the Whatsapp chat ‘PHAZ Committee’ important? A: Because in this chat is where they shared information about security and Berta Cáceres.

• Q: What elements of organized crime did you identify in the data? A: They talked about “carne asada” …. the organization, the logistics, charging to do work, and others but I don’t remember.

• Q: What military or police elements did you find? A: In the chats, they say “Mr.” to refer to Mariano which shows a level of respect to a high degree of hierarchy. They also mention the word ‘chispero’ [a slang or code word possibly for a weapon]. He [Henrry] also waited for orders to carry out the job he was given.

• Q: Based on your analysis, what function did each participant have in the dynamic of the crime? A: There is information that Castillo and Bustillo belonged to the military. Mariano was still inside the institution, and Henry was as well at some point but in a lower position. Mariano and Bustillo were compañeros and they had a friendship.

DAY TWENTY: Trial Against David Castillo

Last update: May 20 at 11:55 am

Main Points of the Day

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

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

More Details

Telecommunications Data Analyst Expert’s Conclusions

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

“Conclusions:

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

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

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

Location of David Castillo’s Cell Phone

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

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

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

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

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

Interpreting the Conversations and Meetings Between David Castillo and Berta Cáceres

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

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

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

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

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

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

• The death of cacique Tolupán Cipriano Martínez.

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

The Timeline and Motives Behind the Murder

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

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

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

c) On 05/02/2016,

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

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

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

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

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

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

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

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

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

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

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

Final Conclusions

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

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

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

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

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

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

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

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

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

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

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

END OF PRESENTATION

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

DAY NINETEEN: Trial Against David Castillo

Last update: May 19 at 12:27 pm

Main Points of the Day

• Expert telecommunication witness, Brenda Barahona presents a timeline of chats and conversations between Daniel Atala, David Castillo, Douglas Bustillo, Mariano Díaz, and Henry Hernandez and less frequently mentioned actors including Jacobo Atala, Jorge Avila, and others. The timeline begins to paint a bigger picture of the coordination between all of the actors in the lead up to the failed murder attempt in February 2016 and Berta’s murder in March.

• Using chat messages and telephone location data, Barahona provides several observations and explanations of the relationship between Berta Cáceres and David Castillo. Some include:

  • Castillo and Cáceres met in person on at least 4 occasions between January 10, 2015 and November 2, 2015.

  • Observation: “When Berta Isabel Cáceres Flores proposed meeting with David Castillo, which was not planned or not in his interests, David Castillo would be unavailable meet, claiming he was outside of Tegucigalpa and in other occasions, was ill.”

  • Observation: “Roberto David Castillo made Berta Cáceres believe that despite their different points of view and interests, he appreciated her. This is disputed because when she tried to reason with him (defend her convictions), many times he ignored her and did not respond to her messages. Later he would write back because he hoped to obtain information about her and her activities”

  • Observation: “Various messages sent by David Castillo, emphasized his friendship with Berta. One can perceive his subtle form of complaining about Berta in situations like: motivating people to protest against the PHAZ [Agua Zarca hydroelectric project]; not paying attention while busy with her environmental activities or family; coordination and COPINH’s accompaniment in “the Indignados marches”, using this as a means to obtain information from Berta and about her own movements.”

  • Observation: “In February 2016, Berta Cáceres showed disappointment and annoyance with David Castillo. She began to doubt the friendship that existed between them.”

• The trial will continue tomorrow at 9 am.

More Details

COPINH Publish the Following Chats and Audio

COPINH writes: “Jacobo Atala to David Castillo: “Now, this is going to bury us with everything” after he is informed about his employee Sergio Rodriguez’s arrest for the crime against Berta Cáceres. Later, Jacobo Atala wants to use his influence to speak with the Attorney General (Chinchilla), with general Pacheco (Minister of Security) and asks about the Assistant Attorney General (Rigoberto Cuellar).”

COPINH writes: “The information about the raid on Sergio Rodriguez’s house was known [by Sergio and others] before it happened. The Public Prosecutor’s Office leaked information to lawyer Celeste Cerrato that it would occur, alerting one of the implicated men in Berta Cáceres’s murder.”

COPINH writes: “One month after the murder, Douglas Bustillo asked a woman on April 1 to send a text message to a number to which he could not send messages from his phone “for reasons that you already know.” After this phone call, she sent 7 messages to David Castillo.”

Expert Barahona’s Telecommunication Data Analysis

Barahona’s analysis of the extracted data showed:

• A diagram focused on Daniel Atala’s telecommunications that shows how Atala communicated with Sergio Rodriguez, David Castillo, and Douglas Bustillo to discuss Berta Cáceres, including: 1. Atala asking Castillo to ask Berta not to bother them, 2. Castillo asking Atala for transportation to go see Berta, 3. Atala and Bustillo discussing following and monitoring COPINH and paying informants.

• A diagram of David Castillo’s communication with Sergio Rodriguez, Daniel Atala, Douglas Bustillo, and Carolina Castillo showing how Castillo followed and reported on Berta and COPINH’s activities along with other DESA employees/executives.

Photo published by COPINH. At the top is David Castillo’s phone number and around it, contacts and the respective chats with DESA’s employees and executives.

• A diagram of Sergio Rodriguez’s communications in both private and group chats and conversations.

published by copinh

• Barahona then presented a timeline of communications starting on January 4, 2016 and involving all communications between the relevant actors. The witness begins to read the conversations in court but is interrupted by the judges who argue that they are repetitive. Most of the chats were read during the data extraction expert’s testimony, David Alexander Amador.

photo published by copinh. the photo is some of the conversations included in the timeline. here Carolina Castillo is speaking with Daniel Atala about loans from the international banks financing the Agua zarca dam

Barahona’s Full Observations and Conclusions about Cáceres and Castillo’s Relationship

Barahona used conversations and cell tower locations to outline and describe her observations.

• That Castillo and Cáceres met in person on at least 4 occasions between January 10, 2015 and November 2, 2015.

• Observation: “When David Castillo wanted information about protest activities and Berta Cáceres Flores’s movements, he treated her cordially and referred to her as “my esteemed,” he would also showed interest and availability to meet with her.”

• On their in-person meetings: “David Castillo would avoid meeting with Berta Cáceres for personal or casual reasons: Berta would travel to Tegucigalpa and ask Castillo if they could meet. In some occasions, he would say that he was outside of Tegucigalpa or on his way from some place, but the [cell phone] antennas shows his location is Tegucigalpa.

• Observation: “When Berta Isabel Cáceres Flores proposed meeting with David Castillo, which were not planned or not in his interests, David was not willing to be available to meet, claiming he was outside of Tegucigalpa and in other occasions, was ill.”

• Observation: “Roberto David Castillo made Berta Cáceres believe that despite their different points of view and interests, he appreciated her. This is disputed because when she tried to reason with him (defend her convictions), many times he ignored her and did not respond to her messages. Later he would write back because he hoped to obtain information about her and her activities”

• On monitoring her activities: “David Castillo had knowledge of Berta’s whereabouts and activities. “

• Observation: “Various messages sent by David Castillo, emphasized his friendship with Berta. One can perceive a subtle form of complaining about Berta in situations like: motivating people to protest against the PHAZ [Agua Zarca hydroelectric project]; not paying attention while busy with her environmental activities or family; coordination and COPINH’s accompaniment in “the Indignados marches” using this as a means to obtain information from Berta and about her own movements.”

Highlighted chats read: PAGE ONE - From Castillo: “They told me you were in Tejera [community in Rio Blanco]. They told me that you were motivating people to go stop the Canjel [another dam project close to Agua Zarca project]. And to go and protest at the river against AZ [Agua Zarca]”

PAGE TWO - From Castillo: “Very active. Planning activities …” Berta responds: “In a meeting with the ‘Indignados … “ Castillo responds: “Yes, of course, I share a part of your struggles! I’ve always told you that.”

PAGE THREE - From Castillo: “I see that COPINH is now leading the Indignados … “ Berta responds “But not just in that, also involved in the topic of the International Mining Congress … “ Castillo writes: “I’ve seen that you were busy with the indignados marches …” Castillo writes: “But you have been busy.” “With your events and political activities.”

********

• On their chat communications: “Messages show that David Castillo would try to manipulate Berta Cáceres, making it seem like despite her position as an environmentalist, there was a friendship between them.”

• Observation: “In February 2016, Berta Cáceres showed disappointment and annoyance with David Castillo. She began to doubt the friendship that existed between them.”

DAY EIGHTEEN: Trial Against David Castillo

Last update: May 16 at 7:47 pm

Main Points of the Day

• A series of conversations between Mariano Díaz Chávez, Henrry Hernandez and Douglas Bustillo were read and played in court. The conversations followed a specific timeline starting on January 4, 2016. The conversations outline discussions about planning and meeting to discuss the murder, finding the gatilleros (hitman), how much the hitman and Henrry charge to do the job, the need to do the job quickly, Mariano only wanting to help coordinate, the “higher ups” cancelling the plan, among other details.

• The conversations also discussed a failed attempt to murder Berta Cáceres on February 5, 2016.

• The trial will continue on Tuesday, May 18 at 9 am.

Listen below. Quote on image above reads: “I spoke with Henry and I explained what the guy from intelligence told me”. Audio published by COPINH. According to the expert witness’s analysis, the conversation took place on January 7, 2016.

The audio is at times is hard to understand. The gist of the conversation (other than what is captured in the quote above at the beginning of the audio) is Díaz telling Bustillo that he’s not going to get involved but that Henrry was standing by ready to do the job and waiting for orders. Diaz continues by saying he’s going to help Bustillo find other options [hitman or aspects of the murder plan] mentioning that Bustillo is working on it and Bustillo can make the decision when he’s ready.

Listen below. Quote on the image above reads: “I have the hitman” … “for 10000 [Lempiras, ~$400] he’s ready to do the job.” Audio published by COPINH

The gist of the conversation is that Díaz tells Henrry that the plans were cancelled and they were going to find other people. Hernandez tells Díaz that he has a hitman that he will do the job for 10,000 Lps [approx $400 USD] and that Bustillo asked Hernandez if he would do the job for 40,000 Lps [approx. $1600] and Hernandez said he could do it right away. Diaz tells Hernandez that he understands that the plans were cancelled by the ‘higher ups.’

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Rough translation

COPINH writes: “CHRONOLOGY: FAILED MURDER ATTEMPT AGAINST BERTA CACERES.

This afternoon, a failed assassination attempt against Berta Cáceres was revealed in court, scheduled for Feburary 5 and 6, 2016 with participation from David Castillo, and convicted hitman Douglas Bustillo, Mariano Díaz and Henrry Hernandez.

1. On February 5 and 6, 2016, Douglas Bustillo was in Comayagua with hitman Henrry Hernandez. Bustillo showed him photos of Berta on his cell phone and gave Henrry a gun, provided by Mariano Díaz.

2. Henrry Hernández went to La Esperanza (as cell towers indicate) to carry out the murder. Meanwhile, Bustillo informed Major Mariano Díaz of his movements.

3. Later on, Henrry Hernandez told Mariano Díaz that the payment was 100,000 Lempiras. After, Henry told him that on that day, they could not carry out the murder because there was “a lot of people around.” Diaz told Hernandez to speak with his “friend” Douglas Bustillo.

4. In the hours around the time of the murder, David Castillo monitored the actions from Tegucigalpa and wrote to Douglas Bustillo: “remember the accidents and the scene.” Meanwhile, Henrry also tells Díaz that they need a car in order to carry out the murder.

5. On the morning of February 6, 2016, after the failed attempt, Henrry Hernandez communicated with Douglas Bustillo in seven calls. After, Bustillo informed David Castillo that the mission had been aborted and that they were “without logistics.”

6. While Mariano Díaz coordinated with Henrry Hernandez about how to have the weapon Díaz had lent, returned to him, Douglas Bustillo insisted to David Castillo: “I don’t need information” “I need what you are going to budget” “the ideal tools and logistics” for the crime.

7. In the evening on February 6 - after the failed attempt the previous day - while David Castillo received information about the Agua Zarca project, he also confirmed with Bustillo the status of the murder attempt: “copied, aborted mission”

COPINH posted pictures of these chats:

More Details

[NOTE: It is very hard to note and understand the conversations read in court. The expert witness is solely presenting the messages and chats and so far, has not provided any conclusions or framework to understand the big picture.

Several audio clips were played but they were extremely difficult to understand both because of quality and the manner in which the participants spoke. COPINH highlights the most relevant points (see translations and audio above)].