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

Conversation between David Castillo and Jacobo Atala

Published by COPINH

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).”

Conversation between Sergio Rodriguez and Celeste Cerrato

Published by COPINH

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.”

Conversation between Douglas Bustillo and unidentified woman

Published by COPINH

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.

Phone conversation between Douglas Bustillo and Mariano Diaz Chavez

Published by COPINH

Download

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.

Phone conversation between Mariano Díaz and Henry Hernandez

Published by COPINH

Download

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.’

********

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)].

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.”

• 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”

• 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”

• 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”

• 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:”

• 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. 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.

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