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when comparing the bullet heads, a test one and the other related to the case
of Anstraum Aman Villagrán Morales, the expert had determined that both
bullet heads were fired by the same gun. He added that when a policeman is
off-duty he must leave his arm in the armory, where the date, name and
signature of the person who hands over the equipment are recorded in a
ledger.
He also investigated another case of the murder of a “street child”, Nahamán
Carmona López, committed by agents of the National Police Force, which
occurred in 1994. He added that police agents had been responsible for other
cases of the abuse and murder of “street children”.
i.
Testimony of Ayende Anselmo Ardiano Paz, National Police
Force investigator
He declared that he drew up a report on his investigation into the murder of
Anstraum Aman Villagrán Morales. He took part in the inspection of the site
where this occurred. He interviewed Julia Griselda Ramírez López, who told
him that, on the day of his death, Villagrán Morales had been in the “PepsiCola” kiosk, where she worked. Villagrán Morales encountered Rosa Trinidad
Morales Pérez there and she threatened him, saying that “he should leave the
place because, to the contrary, the same thing would happen to him as had
happened to his companions”. He said that he conducted the procedure for
the photographic identification of the policemen, Samuel Rocael Valdez
Zúñiga and Néstor Fonseca López, when Griselda Ramírez López identified the
aforementioned agents. Furthermore, he interviewed the mother of Mrs.
Ramírez López, Julia Consuelo López de Ramírez, who told him that she had
received death threats from Samuel Rocael Valdez Zúñiga and Néstor Fonseca
López; no one ordered an investigation of this fact. He indicated that,
according to the ballistic test, the bullet head found near the body of
Anstraum Aman Villagrán Morales coincided with fragments in Samuel Rocael
Valdez Zúñiga’s revolver. In his report, he concluded that Néstor Fonseca
López and Samuel Rocael Valdez Zúñiga were responsible for the murder of
Anstraum Aman Villagrán Morales “because of the interviews and the
certainty of the persons that [he] interviewed and also because of the ballistic
test on the arm that [Samuel Rocael Valdez Zúñiga] carried, since there were
sufficient elements to be sure that he was responsible”. In his report, he
added that Rosa Trinidad Morales Pérez was also a possible suspect of the
death of Villagrán Morales, because “she did not get on well with [the]
children”. He indicated that he was only summoned by a judge when arrest
warrants against the two alleged perpetrators were issued and when the
police report was delivered. He declared that it is not the normal practice in
Guatemala that the officer in charge of an investigation does not appear in
court to be questioned.
C) EXPERT WITNESS EVIDENCE
66.
The Court heard the reports of the expert witnesses that are summarized
below in a public hearing:
a.
Report of Roberto Carlos Bux, Deputy Director of the Bay
County Forensic Center, San Antonio, Texas