What Happened Today
- General Javier René Barrientos Alvarado testified for the defense
- General Willy Joel Oseguera Rodas testified for the defense.
- Juan Orlando Hernández decides to take the stand and testify.
Key Details That Surfaced
- General Barrientos Alvarado testified that Honduras did not have a radar to detect non-commercial aircraft from 2010 to 2015. It was unclear what the purpose of his testimony was in JOH’s case.
- General Oseguera Rodas was part of the 15th Battalion in the Aguan Valley, was part of Operation Freedom in Iraq and the Commander of the Army for 45 days before President Xiomara took office. Rodas testified about some of the laws that JOH enacted but again, his testimony was not particularly relevant for the case.
- Juan Orlando Hernández decided to testify beginning at 11:45 am to 1 pm and again from 2:15 pm until 5 pm. He will continue in cross-examination tomorrow.
- While questioned by his defense authorities:
- JOH outlined that he was a civil, criminal and business lawyer that practiced for 8 years prior to becoming a Congressman for 4 periods starting in 1998; then became the Secretary of Congress; then President of Congress; and then the President of Honduras.
- JOH claimed that he had a lot of differences with Fabio Lobo. He did not like the way Fabio worked because he “liked easy money.”
- JOH outlined a lot of laws that he approved while President of Congress and the institutions he created (PMOP, ATIC, national jurisdiction courts, seizure laws, National Anti-Gang Force, FUSINA, etc.)
- JOH claimed that Carlos Lobo, an associate of the Cachiros, was requested in extradition and President Porfirio Lobo did not fulfill the request.
- When asked what the principal drug trafficking organizations were in Honduras when he was President, JOH responded: the Valle Valle, Los Cachiros, Don H., Ardon, the family Montes. JOH knew that the Cachiros were in Atlántida; the Ardons in El Paraíso, Copan; the Montes family in Colon; etc. When asked if the MS-13 were involved in drug trafficking operations, JOH responded that he was informed of this by the Defense and Security Council in the last few years of his Presidency. [NOTE: This confirmed JOH’s own knowledge of these groups and the extent of their operations].
- JOH denied ever meeting with the Valles. He denied ever having phone conversations with Los Cachiros. He denied speaking with the Valles. JOH admitted that he met with Alex Ardon and that they coincided in four meetings. JOH claimed that it was part of his duties as President of Congress to meet with mayors and citizens and listen to their concerns. JOH said that Alex Ardon came to his house on one occasion in approximately 2012 but he did not invite Ardon. There were 16-17 people at his home. JOH testified that he stepped aside from the meeting to make a phone call and Ardon came into the room to complain about why JOH was not allowing him to be a candidate for mayor because he had heard that Ardon was involved in sending contraband to Guatemala and was involved in drug trafficking. In response, Ardon asked JOH for proof. In response, JOH claimed that he told Ardon that he did not have evidence but that it was JOH’s decision not to include Ardon as a candidate. Ardon then got violent and started yelling. He told JOH that his decision was unfair and that JOH would be sorry for his decision. The second meeting with Ardon was “in some National party meetings.” And the next, was in a meeting with mayors in Copan. A group of mayors were pressuring JOH to change his decision about Ardon. Ardon showed up to the meeting. A fourth meeting occurred in Santa Rosa de Copan to discuss how the National party was going to structure its campaign message in the department. JOH testified that Ardon tried to force himself into the meeting and JOH’s security detail and meeting organizers stopped him.
- JOH claimed he had nothing to do with Hugo Ardon’s position in Fondo Vial. He said he inherited Hugo in that position from President Lobo’s administration. JOH said that Fondo Vial was audited and then he requested Hugo Ardon’s resignation.
- JOH denied ever receiving bribes from Alex and Hugo Ardon, from Don H, and from the Montes cartel. He denied ever agreeing to protect any drug traffickers. He said that he did not extradite the Cachiros because the U.S. never requested their extradition. And the U.S. did not request Ardon’s extradition either. JOH listed several drug traffickers that he claimed to extradite.
- JOH testified that the Valles wanted to kill him and that the FBI informed him about their intention to kill him.
- JOH testified that he did attend Ramón Lobo’s birthday party in Bonito Oriental. According to JOH, the birthday party took place in an open field. There were approximately 200-250 people present and JOH only stayed for approx. 1 hour. He did not have any conversations with drug traffickers at the meeting. When asked who attended the party, JOH responded: President Lobo, Congressional representatives, mayors, and the mayor of Tegucigalpa at the time, Ricardo Alvarez.
- JOH denied ever meeting José Sanchez. When first asked, JOH pretended like he did not remember Sanchez as a witness that had testified previously in the trial. JOH admitted to knowing Fuad Jarufe, describing him as a businessman involved in rice processing and grain storage in Choloma. His visit to see Jarufe was to discuss rice prices and political reasons. JOH testified that Jarufe contributed economically to the National Party.
- JOH denied ever getting a bribe from ‘El Chapo’ Guzman and denied meeting him. He admitted to meeting Arnaldo Urbina Soto, the mayor of Yoro. He was not aware of his drug trafficking.
- JOH testified that he did not own a airstrip in Lempira, but acknowledged that there was an aerodrome built in Lempira, Copan, Choluteca, Tela and another repaired in Olancho. The Armed Forces was in charge of the aerodrome in Lempira.
- When asked why he did not arrest the Cachiros, JOH said it was because the Cachiros were in a process of cooperation with the U.S. When asked why he did not arrest the Ardon brothers, JOH responded that he asked the Attorney General (AG) why the Public Prosecutor’s office didn’t arrest him, and the AG said they were “objectives of the U.S.” JOH denied that his campaign received drug money. He denied that his sister, Hilda Hernández received money from Los Cachiros.
- JOH testified that he met approx. 10-15 times with John Kelly, the head of Southern Command. He claimed that Kelly was an important ally in convincing U.S. Congress representatives and the Senate to create the Alliance for Prosperity. JOH met several times with the FBI, the DEA, and members of the U.S. government, approx. 35-40 times.
- When asked if JOH ever told the Attorney General’s office to investigate Tony Hernández, JOH responded that he did. JOH said that he had encouraged Tony to go to the U.S. and meet with the DEA, to find a lawyer, and face the problem. He denied conspiracy with Tony to traffic drugs.
- Cross-examination by the prosecution:
- When asked about his relationship with Ardon, JOH claimed that he did not know Hugo Ardon was a drug trafficker. He claimed that Hugo and Alex Ardon were close because JOH thought they were going to form their own political party when mayors went to speak to JOH about why Ardon was not running as a candidate in the election. JOH denied knowing that Hugo Ardon was the Deputy Director of JOH’s campaign in Copan.
- When asked if Ardon was arrested in Honduras after the 2013 elections (like Urbina Soto), JOH said he did not know. The only thing JOH claimed to know is that Alex Ardon fled to Honduras for fear of being arrested in Honduras. JOH said he knows that because everyone knew in western Honduras. When asked if Alex Ardon came back, JOH said he does not know.
- When asked about his meeting with Fuad Jarufe, JOH said that he went to talk about the price of rice and violence. He had heard from rice buyers about the price of rice which was a sensitive issue in Honduras.
- JOH denied ever meeting Geovany Fuentes Ramírez (GFR). When asked if he had ever met GFR’s children, JOH responded that he has known so many children as President and candidate. [The prosecution put a picture of JOH with GFR’s children]. After JOH saw the picture, he was asked if he recalls meeting GFR’s children. He responded he did not remember. When asked if it was he, JOH, in the photo, he responded “it seems so (parece que si).”
- When asked if it was true what Jose Sanchez had testified, that JOH wanted to stay in power for 20 years, JOH said he did not say that. Then he was asked if he changed the constitution to stay in power, JOH responded that it was changed by a resolution of the Supreme Court and that he competed within his party to run as a candidate for President. The decision was not up to him.
- When asked about his statement that he allowed the extradition of anyone when requested, the prosecution asked JOH why he did not extradite Mario Calix when it was requested in September 2019. JOH responded that the request was sent to the Supreme Court. When asked about the extradition request for Carlos Urbina Soto, JOH said he did not know about that request. When asked about the extradition request for Miguel Urbina Soto, JOH responded that all requests are sent immediately to the Supreme Court. When the prosecution challenged him: “But the extraditions were not granted during your Presidency then, right?” JOH responded that he did not know and that Foreign Affairs sent to requests immediately to the Supreme Court when received from the U.S.
- The prosecution questioned JOH when JOH claimed he extradited Wilter Blanco. JOH finally admitted, after being shown a news clip about Blanco’s extradition from Costa Rica, that Honduras had been involved in Costa Rica extraditing Wilter Blanco to the U.S but that Costa Rica had extradited Blanco.
- When shown the photo of JOH with Arnulfo Valle at the World Cup with two others, JOH responded that he had not seen the photo until the trial. He did not remember if it was circulated in Honduras. Then he said he remembered it because there was a debate in Honduras about whether the photo had been modified. When asked if that was a picture of him, JOH responded that it is but that his face looks clearer than the rest of his body. He said he does not remember the picture because he took so many photos with many people. When asked why he is in a picture with Arnulfo Valle, JOH said he did not know it was Arnulfo.
- The prosecutors demonstrated Waze data dated May 29, 2019 extracted from GFR’s phone. JOH claimed that the data does not indicate that GFR was inside the Presidential palace. JOH also said that he was not working inside the Presidential palace at the time because the office had been moved to the Foreign Affairs Ministry. JOH said he could not remember if the Presidential palace was being used in 2018, but then said he did not use the Presidential palace in 2018-2019. (Then the prosecution showed a picture of one of JOH’s Facebook posts published on June 14, 2019. The picture showed JOH meeting with teachers in the Presidential palace). When asked if it was him in the picture, JOH said it seemed so but that he does not remember the meeting happening and does not remember going into the Presidential palace in May-June 2019. (Then the prosecution showed JOH the Facebook post next to the Waze data extracted from GFR’s phone. The dates were close/similar to the dates of the Facebook post). JOH responded that the video in the Facebook post could have been taken on another date and not the date it was posted.
What Will Happen Tomorrow
- JOH will continue to be cross-examined.
- Closing remarks: The prosecution and defense will have 1 hour, 45 minutes to present their closing remarks. Then the prosecution will have an additional 30 minutes.
- If there is time, the judge will present the jury instructions and formally hand the case over to the jurors who will deliberate over the next few days.
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General Personal Impressions
- When questioned by the defense, JOH often began to give his own testimony that went far beyond the purpose and scope of the question. The judge frequently had to stop him after objections were raised by the prosecution to ask him to limit his answers. In many instances, much of what JOH said, was removed from the court record.
- When it was convenient for him, JOH took credit for laws (ex. extradition law) or institutions (ex. the creation of National Jurisdiction courts) that were passed or created to fight organized crime and drug trafficking. When a policy or outcome was not convenient (ex. why the Attorney General’s office did not arrest the Ardon brothers or extradite drug traffickers), JOH blamed it on other institutions that he did not have control of, like the Attorney General’s Office or the Supreme Court.
- JOH was very attentive when questioned by the defense. When cross-examined by the prosecution, JOH tried several times to avoid answering the Yes/No questions. He also denied knowing information that was discussed clearly in the trial in his presence. It was clear, at least to me, that he was lying, particularly when asked about the photo with GFR’s children and the photo of him with Arnulfo Valle at the World Cup. JOH seems to think the jury is not very smart or unable to understand the information presented to him.