• Notifying the court of an error of the names of two technical consultants (consultores técnicos) that will ratify a legal document pertaining to the removal or collection of evidence (acta de levantamiento)
• Presented physical evidence involving two cell phones (one black and one blue) that were seized from David Castillo. The cell phones are referred to in a document presented as evidence and part of an expert witness analysis.
• Proposed a document outlining the data extraction of an LG phone that contained a voice message sent on March 31, 2016. The LG phone was obtained on April 30 ,2016. This piece of evidence is important in establishing the line of investigation carried out by Honduran investigators but was then discontinued because the information was manipulated. The document will be ratified by an expert witness. This document is part of an investigation carried out by the Office of the Special Prosecutor for the Prosecution of Officials of the Justice System and an indictment presented against police investigators. A copy of the acceptance of the expert witness, Emerson Moises Andino, who will analyze the cell phone was also presented.
• Presents a technical consultant, Jose Eduardo Sierra, who will provide a technical analysis of an electronic data extraction in response to an analysis or expert witness testimony by Jonathan Murillo Maradiaga, who was presented by the defense.
• Requests the court to formally cite two witnesses to testify - protected witness AAA who the prosecutors have been unable to locate, and Lilian Esperanza.
• Presents Oscar Rodriguez, a technical consultant who will conduct an analysis of the expert witness testimony to be presented by Antonio Matamoros Cruz who was presented to testify by the defense to analyze data extracted from the LG phone.

• Object to an expert witness presented by the defense arguing that the correct procedure was not followed. The defense alleged that the expert witness was threatened without providing proof and therefore, presented a document completed by the witness but without following the correct procedure.
• Present an expert report written by expert Gladys Tzul called: ‘An Analysis of the situation and Condition of Violence Faced by Indigenous Women …” The private accusers argue that the expert testimony is relevant because it provides a scientific perspective about the motive of Berta Cáceres’s assassination and to outline the link between her status of being a woman and the planning and execution of her murder. The report also addresses the type of relationship between Castillo and Berta which is relevant considering that both are the main subjects of the trial and that the defense is attempting to argue that Castillo could not have committed the murder because he had a friendship with Berta.

• Present a document dated February 6, 2019 that establishes the legal role of David Castillo in private company Pemsa (Potencia y Energía de Mesoamerica, S.A.). The relevance of this document is outlined in the second piece of evidence outlined below. [NOTE: Pemsa is a Panama-registered company that is one of the two major shareholders of DESA. Castillo is the President of Pemsa and also of DESA. The other major shareholder of DESA is the company Inversiones Las Jacarandas, owned by the Atala Zablah family.]
• Presents documents including evidence of a bank transfer requested by Daniel Atala, DESA’s Chief Financial Officer, to PEMSA on February 29, 2016 for approximately $1,254,000 USD. The documents also included another document dated September 11, 2012, that outlines the legal authorities granted to David Castillo including the ability to request loans, sign contracts, make deposits, etc. as Director of Pemsa. This evidence is relevant because it links to and connects with:
  • Chat messages and conversations extracted as evidence, between Douglas Bustillo and David Castillo that were discussing a plan to murder Berta Cáceres. Castillo refers to his ability to provide loans to Bustillo in a meeting held in person in Tegucigalpa. These conversations occurred on or around the date of the bank transfer to Pemsa. Castillo confirmed the transaction of money when speaking to Bustillo and Castillo later gave money to Bustillo at least one day before Berta was murdered. [NOTE: Douglas Bustillo worked as head of DESA’s security. He was convicted in December 2018 for Berta Cáceres’s murder]
  • The bank transfer was requested by Daniel Atala who used a DESA institutional email ([email protected]) to confirm the transaction.

• Presents an expert report written by expert witness Harald Waxenecker titled: “Analysis of Roberto David Castillo Mejía’s position of corporate-institutional power and his involvement with the planning, coordination, and execution of Berta Cáceres’s murder". The expert specializes in understanding networks of corporate corruption and show that Castillo’s institutional power obtained through his positions inside the National Electrical Energy Company (ENEE) and the Armed Forces, to harass Berta Cáceres. Waxenecker had already been accepted and sworn in by the court.
• Requests the court to confirm whether Daniel Atala, who had been proposed by the private accusers and accepted by the court to testify, had been cited to appear. The court secretary confirms that Daniel Atala was notified on March 24, 2021 and that Atala’s private attorney confirmed that he would be testifying.
• Presents the expert reports written by expert witness Andrés Arrieta, who will analyze telecommunications and the organizational structure that led to Berta’s murder.

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