10
a) José Mario Salgado Montalbán, lawyer, prosecutor on duty in the local
offices of the Office of the Public Prosecutor of the City of Tela, Atlántida
The deponent remembers that on the last Sunday of April 1997 the detectives of the
Authorities for the Fight Against Drug Trafficking assigned to the city of Ceiba,
Atlántida, informed him that they had carried out an operation on the beach in the
surroundings of the Puerto Rico Hotel, and as a result of it they had seized two
packages that allegedly contained two kilos of cocaine. The agents arrested three men,
among them Mr. Alfredo López Álvarez, from who they also seized “a bit of marihuana
and a portion of cocaine.” Later, in his condition of prosecutor on duty, he prepared
the complaint that was presented before the Sectional Court of First Instance of Tela.
He sent the defendants to the same court, where they were “inquired” and sent to the
criminal center. The substances seized were sent to the North-Occidental Authority of
Forensic Medicine for their corresponding analysis, which resulted positive with regard
to the cocaine in a 97.4% of purity, which coincides with the field trial performed at
the time of the seizure. Although he did not hear the entire case, since he was
transferred to the city of San Pedro Sula, he later found out that the drug had been
substituted with another substance. When the arrest was carried out there was full
evidence that a crime had been committed and rational evidence to consider those
responsible of said illicit act.
b) Dennis Heriberto Rodríguez Rodríguez, former agent of the General
Office of Criminal Investigation of the Office of the Public Prosecutor
(hereinafter “Office of Criminal Investigation” or “the DIC”)
As an agent of the DIC he remitted Messrs. Alfredo López Álvarez, Luis Ángel Acosta,
and Sunny Loreto Cubas to the Sectional Court of Lower Court of Tela, Atlántida, along
with the evidence collected, which consisted of two kilos of cocaine covered in rubber
and with “tape”. He witnessed the field test, which gave a positive result. Later, the
Toxicological Laboratory of San Pedro Sula confirmed that the samples were more than
90% pure. Before the arrest, the prosecution received several calls filing a complaint
against the detainees as drug traffickers, reason for which the Prosecutor José Mario
Salgado called the agents of the Office for the Fight Against Drug Trafficking in order to
speed up the corresponding investigations. He considers that the sample seized was
switched when the court changed buildings and the evidence was not duly handled.
c) José Roberto Cabrera Martínez, former agent of the Office for the Fight
Against Drug Trafficking
He carried out the arrest of Mr. Alfredo López Álvarez. With it he concluded an
investigation that began at the end of March 1997 with a telephone call in which
someone informed that Mr. López Álvarez was trafficking drugs. They proceeded then
to follow Mr. López Álvarez during two weeks and they recollected evidence that he
was meeting with individuals related with drug trafficking activities. He later obtained
information that on April 27, 1997 Mr. López Álvarez had drugs in his power, reason
for which he was intercepted along with Messrs. Acosta and Loreto Cubas. The agents
checked the car they were driving; in the back seat they found two packages
containing approximately one kilo of cocaine each, and then they performed a field test
that came out positive. Once in the offices of the Office of Criminal Investigation they
received Alfredo López Álvarez’s statement, where he acknowledged he had been given
the two packages of cocaine in his house and that Luis Ángel Acosta offered to find him
a buyer. If he was able to sell that drug, he would be paid ten thousand lempiras for
each package. The evidence was later handed over, duly packed, to the prosecutor; it
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