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]”
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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”
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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.