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.

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”

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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.

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.”