A Murder Foretold - The New Yorker
A Murder Foretold - The New Yorker
A Murder Foretold - The New Yorker
A Murder Foretold
By David Grann March 28, 2011
Rodrigo Rosenberg knew that he was about to die. It wasn’t because he was
approaching old age—he was only forty-eight. Nor had he been diagnosed
with a fatal illness; an avid bike rider, he was in perfect health. Rather,
Rosenberg, a highly respected corporate attorney in Guatemala, was certain
that he was going to be assassinated.
Before he began, in the spring of 2009, to prophesy his own murder, there
was little to suggest that he might meet a violent end. Rosenberg, who had
four children, was an affectionate father. The head of his own flourishing
practice, he had a reputation as an indefatigable and charismatic lawyer who
had a gift for leading other people where he wanted them to go. He was lithe
and handsome, though his shiny black hair had fallen out on top, leaving an
immaculate ring on the sides. Words were his way of ordering the jostle of
life. He spoke in eloquent bursts, using his voice like an instrument, his
hands and eyebrows rising and falling to accentuate each note. (It didn’t
matter if he was advocating the virtues of the Guatemalan constitution or of
his favorite band, Santana.) Ferociously intelligent, he had earned master’s
degrees in law from both Harvard University and Cambridge University.
Rosenberg had been born into Guatemala’s oligarchy—a term that still
applies to the semi-feudal Central American nation, where more than half of
its fourteen million people, many of them Mayan, live in severe poverty. His
mother had inherited a small fortune, and his father had acquired several
businesses, including a popular chain of cinemas. (As a boy, Rosenberg had
spent hours in the plush seats, entranced by the latest American films.)
Rosenberg was accustomed to privilege. A car enthusiast, he drove a
Mercedes and made an annual pilgrimage to Indianapolis to watch Formula 1
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races. He had been married twice but was now single, living in an elegant
high-rise overlooking Guatemala City.
Though his wealth allowed him a desultory life, he was “driven and motivated
by his goals,” as a relative put it. When he began his studies at Cambridge,
he had spoken almost no English, so Rosenberg informed his professors that
he had recently undergone surgery on his vocal cords, and could not yet talk
in class; in the meantime, he bought a television and watched it each night
with closed-captioning until, after three months, he spoke with confidence.
He was not a religious man, but he maintained a stark sense of good and
evil, castigating others, as well as himself, for transgressions. When he was a
child, his father had abandoned the family, a betrayal that Rosenberg had
never forgiven; he even refused to accept an inheritance that his father had
left him. One of Rosenberg’s closest friends noted that, if he thought you
had crossed him, he could be brutal: “He was always very honest—
sometimes, perhaps, too honest. He would say things that are true, but
sometimes things that are true that you shouldn’t mention.” Though
Guatemala’s judicial system was notoriously corrupt, Rosenberg was drawn
to the clarity of the law, to its unflinching judgment. He argued, successfully,
before the Constitutional Court, Guatemala’s equivalent of the U.S. Supreme
Court, and in 1998 he became the vice-dean of a prominent law school. At
the same time, he served as counsel for some of Guatemala’s most powerful
élites—its coffee barons and corporate executives and government officials.
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The violence can be traced to a civil war between the state and leftist rebels,
a three-decade struggle that, from 1960 to 1996, was the dirtiest of Latin
America’s dirty wars. More than two hundred thousand people were killed or
“disappeared.” According to a U.N.-sponsored commission, at least ninety
per cent of the killings were carried out by the state’s military forces or by
paramilitary death squads with names like Eye for an Eye. One witness said,
“What we have seen has been terrible: burned corpses; women impaled and
buried, as if they were animals ready for the spit, all doubled up; and children
massacred and carved up with machetes.” The state’s counter-insurgency
strategy, known as “drain the sea to kill the fish,” culminated in what the
commission deemed acts of genocide.
In 1996, the government reached a peace accord with the rebels, and it was
supposed to mark a new era of democracy and rule of law. But amnesty was
granted for even the worst crimes, leaving no one accountable. (Critics
called the policy “the piñata of self-forgiveness.”) In 1998, the Guatemalan
Archdiocese’s Office of Human Rights, led by Bishop Juan Gerardi, released
a four-volume report, “Guatemala: Never Again,” which documented
hundreds of crimes against humanity, identifying some perpetrators by
name. Two days later, Gerardi was bludgeoned to death, a murder that was
eventually revealed to be part of a conspiracy involving military officers.
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After Rosenberg heard that the Musas had been shot, he rushed to the
scene. Luis Mendizábal, a longtime friend and client of Rosenberg’s, told me,
“I asked him to come and pick me up, so we could go to the place together.
He said, ‘No, no, no. I’m not going to lose any time. I’m going directly.’ So he
went. He couldn’t believe it. Then he came back over here, and cried, easily,
for two hours.” His oldest son, Eduardo, who was twenty-four, told me that it
was only the second time he had seen his father break down, the first being
when Rosenberg revealed that he was separating from Eduardo’s mother. He
seemed “completely destroyed” by the Musas’ deaths, Eduardo recalled.
Though the crime was horrific, Rosenberg’s deeply emotional reaction was
surprising. Musa was not a big client or someone he knew that well. Then
Rosenberg told his son a secret: for more than a year, he and Marjorie had
been having an affair.
They had planned to marry, but had not wanted to disclose their relationship
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until Marjorie got a divorce. Almost every day, they had exchanged text
messages. On March 3, 2009, five weeks before the shooting, Marjorie wrote
to Rosenberg, “I love you like I’ve never loved before. And, yes, I will marry
you.” A few days later, she said, “Good night my love, my prince, my whole
life. You don’t know how much I love you, how much I adore you, and how
much I need you. You are so tender with me. And you’re the sweetest man I
know.” She added, “I’m dying to live the rest of my life at your side.” He called
her “my Marjorie de Rosenberg” and told her that she gave him “the strength
to be a better man” and that they were “living an incredible love story.” Hours
before she was killed, he ended a message with the words “Your prince
forever.”
In tears, Rosenberg told his son, “They killed her! They killed her!” He told
Mendizábal the same thing, repeating the words over and over.
Thousands of people showed up for the Musas’ funeral, Alejos among them.
Rosenberg, concerned that his affair with Marjorie might cause a scandal,
stood outside the chapel, watching from a distance. A few days later,
Rosenberg received a call from a jeweller, who informed him that Marjorie
had ordered a gift for him before her death—a wedding ring. “This is the
message she sent me,” he told Mendizábal.
That week, business leaders held a press conference, declaring that the
assassinations were another sign of Guatemalans’ “helplessness” and
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demanding that authorities fully investigate the crimes. Rosenberg, who had
the conservative outlook shared by most Guatemalan élites, had long
yearned for un estado de derecho—a state based on the rule of law. In 2005,
he had joined an effort to extradite from Mexico a former President of
Guatemala who was accused of embezzling millions of dollars while in office.
A close friend of Rosenberg’s said that the failures of Guatemala’s judicial
system “ate at Rosenberg’s guts.”
Rosenberg warned family and friends that the Musa murders would never be
properly investigated. The criminal networks would either block the
investigation or destroy the evidence, and if a probe somehow proceeded
they would frame a scapegoat; finally, if all else failed, the gangsters would
threaten to kill members of the judiciary system, who would bury the case.
The Musas’ deaths, he predicted, would become just another statistic.
Nevertheless, Rosenberg could not let the matter go: Why, he asked, had an
honorable man like Musa been “put down like a dog”? And what had
Marjorie, an exemplary daughter, done to deserve this?
Mendizábal, the longtime friend, says that after the funeral Rosenberg asked
him for help, vowing to “go all the way to find out who killed the Musas.”
Mendizábal was the one person Rosenberg knew who could help him take
on the parallel powers that dominated Guatemala. A genteel-looking
grandfather, with a silver mustache and birdlike eyes, he was known for
making business deals, sometimes with the government, and he owned a
clothing shop, in Guatemala City, that catered to a wealthy male clientele.
But Mendizábal was no mere entrepreneur. It was whispered that, as in a
John le Carré novel, the boutique also served as a meeting place for military-
intelligence officers, coup plotters, and death-squad leaders.
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Rosenberg touched the television screen—she was there but not there. As
Marjorie drove onto the street, with her father at her side, the car with the
assassin raced up behind them, followed by the driver on the motorcycle.
(The hit men were obeying a new law banning two people from travelling on
a motorcycle—a law that was supposed to curb assassinations, since so
many were carried out by hit men riding on back seats.) Rosenberg braced
himself. After a flash, Marjorie vanished from the frame.
The hit squad had displayed military precision, raising the prospect that the
crime was carried out by the state’s security apparatus. The ballistics report
indicated that Khalil Musa was hardly a random victim. He had been shot
nine times. The bullet that killed Marjorie was a stray—it had apparently
passed through Musa’s body before piercing hers.
Guatemalans often cite the proverb “In a country of the blind, the one-eyed
man is king.” Fighting his way through the political fog, Rosenberg searched
for a motive, stubbornly insisting that, if two people were assassinated, then
somebody had a reason to kill them. In notes he kept about the case, he
reported that authorities had initially suggested the shootings stemmed from
a dispute over a fired factory worker. But, by all accounts, Musa had treated
his workers well. Were the police and authorities trying to cover something
up, spinning another web of disinformation?
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Before Musa died, he had talked to Rosenberg about whether to accept the
positions. Rosenberg considered entering Guatemalan politics a folly. With
friends from law school, he had once started a conservative political party,
but he had quit after it joined forces with traditional corrupt hands.
Rosenberg told Musa, “Truthfully, I don’t think it’s a good idea.” Musa, hoping
to help the country, accepted the offers anyway.
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Aziza said of her father, “He always says the truth and I think that is why he
was murdered.”
Rosenberg told friends that his apartment was under surveillance, and that
he was being followed. “Whenever he got into the car, he was looking over
his shoulder,” his son Eduardo recalled. From his apartment window,
Rosenberg could look across the street and see an office where Gustavo
Alejos, President Colom’s private secretary, often worked. Rosenberg told
Mendizábal that Alejos had called him and warned him to stop investigating
the Musas’ murders, or else the same thing might happen to him. Speaking
to Musa’s business manager, Rosenberg said of the powerful people he was
investigating, “They are going to kill me.” He had a will drawn up.
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On Monday morning, May 11th, President Colom went to work in his main
office, a secure, windowless room on the second floor of the Presidential
House. Underneath the building, a tunnel led to the National Palace. Both
buildings had been commissioned by Jorge Ubico, a caudillo who ruled the
country during the nineteen-thirties and early forties; he had seen himself as
the reincarnation of Napoleon, and the monumental stone architecture
reflected his megalomania. (A motif of five archways—a tribute to the five
letters of Ubico’s surname—ran throughout the building.) As Colom shuttled
between his office and the palace, he faced reminders of the country’s
violent history: the executive office where a President was ousted in a coup;
the dining room where a military dictator had been assassinated by a
security guard, who then turned the gun on himself.
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Colom, who was fifty-seven, was unusually reticent for a politician. Tall and
severely thin, with bent shoulders, receding gray hair, and owlish glasses, he
looked like a seminarian, which he had studied to be before turning to
politics. A congenital lip deformity caused him to speak in a nasal, almost
unintelligible whisper. He had experienced a number of tragedies: his first
wife was killed in a car accident, and in 1979 his uncle, a popular progressive
politician, joined Guatemala’s pantheon of martyrs when the military, after
chasing him through the capital on motorcycles and in a helicopter,
assassinated him.
Colom declared that the country must not return to a “past of darkness,” and
he vowed to end the violence and the corruption. Yet, even if he was well
intentioned, he was too weak to control the parallel state. A former U.N.
official recalled asking Colom why he had given a ministry post to someone
who was widely known to be corrupt. Colom replied, “He was not my
choice.” Since Colom took power, two of his interior ministers have been
indicted for corruption (a third died in a mysterious helicopter crash), and
four consecutive heads of the national police have been dismissed, indicted,
or jailed for alleged malfeasance. At the same time, Colom has been subject
to a campaña negra—“black campaign”—conducted by many in the
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Earlier that Monday, Rosenberg’s funeral had been held, at the same
cemetery where Marjorie was buried. Colom was in a meeting when he was
interrupted by Gustavo Alejos, his private secretary. Alejos had received a
call from a friend alerting him that something surreal had just happened at
the funeral—something with implications for the entire government. Alejos
called his cousin, a government minister who had been one of Rosenberg’s
closest friends. The cousin, who had attended the ceremony, reported that
Eduardo Rosenberg had given a eulogy and played a recording of “El
Salvador Blues,” by Santana. Then Luis Mendizábal had stood up and
addressed the hundreds of mourners: “Everybody here loved Rodrigo
Rosenberg, and all of you are wondering why someone like Rodrigo, who
couldn’t hurt anyone, was killed.” He paused, then said, “Well, Rodrigo left
me with the answer.” He explained that Rosenberg had given him a video,
with instructions to release it only if he was murdered. Mendizábal offered a
CD to anyone who was interested.
Mendizábal, who says he looked at the video only after Rosenberg’s death,
knew that his actions would unleash “big trouble,” as he put it. But the
previous day, as rain fell, he had visited the site where Rosenberg was shot.
“I started thinking, What am I going to do? Keep silent?” Mendizábal recalled.
While praying, he had seen on the ground a discarded metal plate inscribed
with the word “ON.” “I realized then what I was supposed to do,” he said.
Alejos’s cousin had taken one of Mendizábal’s CDs, and Alejos told him to
come straight to the President’s office. By then, members of Colom’s inner
circle had heard about the video, and they, too, rushed to the President’s
office. Vice-President José Rafael Espada, who was a former cardiothoracic
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surgeon, also joined them. The cousin arrived, and the group gathered
around Colom’s computer to watch the video.
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Banrural’s board. At that point, Rosenberg said, the President, the First Lady,
Alejos, and others conspired to kill him.
Initially, Rosenberg spoke slowly and stiffly, but then his hands began to rise
and fall, along with his eyebrows, the power of his voice growing—a voice
from the grave. “I don’t have a hero complex,” he said. “I don’t have any
desire to die. I have four divine children, the best brother life could have
given me, marvellous friends.” He continued, “The last thing I wanted was to
deliver this message. . . . But I hope my death helps get the country started
down a new path.” He urged Vice-President Espada—whom he described as
“not a thief or an assassin”—to assume the Presidency and insure that the
guilty parties wound up in jail. “This is not about seeking revenge, which only
makes us like them,” Rosenberg said. “It is about justice.” He predicted that
the Guatemalan government would try to cover up the truth, by smearing the
Musas and inventing plots. “But the only reality that counts is this: if you saw
and heard this message, it is because I was killed by Álvaro Colom and
Sandra de Colom, with the help of Gustavo Alejos.” He concluded,
“Guatemalans, the time has come. Please—it is time. Good afternoon.”
The video, which lasted about eighteen minutes, appeared to have been
made cheaply. A blue sheet had been hung behind Rosenberg, to deflect
glare, and there was a dull hum in the background, perhaps from cars on a
nearby street. As with a hostage video, the eerie, amateurish quality of the
production lent authenticity to Rosenberg’s claim: he had been rubbed out.
When the video ended, President Colom and his staff were unable to speak.
One aide later told me that he felt as if they had been transported into
another world—a world of movie thrillers. Finally, Colom muttered that his
enemies were trying to destroy his Presidency. “They want us out of here,”
he said.
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No one in the room asked the President or Alejos if the allegations were true.
An official who is close to Colom told me he could not believe that the
President had been involved in ordering a murder. But, given the history of
Guatemala, the official said, it was possible that others in the Administration
had done so: “You never know.”
The room was filled with unacknowledged tensions and questions: Why had
Rosenberg called for Vice-President Espada to take the reins of the country?
Was Espada involved with Rosenberg, trying to orchestrate a new kind of
coup? President Colom told me that the video “put the Vice-President in a
compromising position.” The palace was at war with itself.
The video was almost instantly uploaded to YouTube, and it was broadcast
on national television. The Presidential spokesman’s cell phone began
ringing: reporters were demanding a response from Colom. “Honestly, for a
few hours, we didn’t know what to say,” the spokesman told me. The
President, Alejos, and the aides frantically tried to come up with a statement.
Finally, they hashed out a few words. The President didn’t think that he
should deliver them himself—better to maintain a dignified distance. And so
two aides went out and stood before a pack of reporters, categorically
rejecting the accusations.
The brief statement only fuelled the uproar: Why wasn’t the President
himself responding? Why was he in hiding? In a panic, Colom’s chief of staff
called Roberto Izurieta, a political consultant in Washington, D.C. Izurieta
taught crisis management at George Washington University, but he was
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better known as the James Carville of Latin America—a strategist who had
helped elect Presidents across the region, including Colom. Izurieta based
much of his tactical thinking on Sun Tzu’s “Art of War.”
The chief of staff e-mailed Izurieta a link to the video. Izurieta later wrote, in
an unpublished report, “After more than twenty years in politics, I can’t recall
anything that made such a powerful impression on me.” He called back
Colom’s chief of staff and said, “I’m catching the next flight to Guatemala.”
Izurieta, the consultant, arrived at the airport that afternoon and headed to
the palace. As he approached, he could see the swarm of white-clad
protesters in the plaza—the tsunami blanco, as the press dubbed it. Izurieta
told his driver to stop the car, and got out. “I wanted to feel the protests, to
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see the people’s faces, to get the sense of the intensity,” he recalled. He
knew that there was a moment when a political crisis became
unmanageable; at that point, he, too, would be merely a spectator to history.
In the palace, Izurieta set up a war room in the President’s office. Sun Tzu
warns that, to prevail, one has to “know thy self,” and if Izurieta was going to
help the President he had to learn all the palace secrets. Late in the day, he
found Colom secluded in a room with Guatemala’s Archbishop, murmuring
words that Izurieta could not make out, as if he were in confession. No one
dared to disturb the President, but Izurieta finally had to interrupt: Colom
was scheduled to give a live interview on CNN.
Colom spoke by satellite from the old executive office in the palace. He wore
a blue suit and tie, and sat in a large wooden chair, staring directly into the
camera—a pose that, to Izurieta’s dismay, mirrored Rosenberg delivering his
posthumous J’accuse. The President claimed that the video was part of a
“plot to destabilize the government.” Blinking nervously, he looked pale and
scared. An aide conceded to me, “Everyone thought he was lying.” Not long
afterward, the director of El Periódico wrote, “I can’t help but express the
repugnance I felt during the declarations of President Álvaro Colom. . . . The
only thing missing now is for the President and his henchmen to say that it
was Rodrigo himself who immolated himself, kamikaze style, in order to
discredit the government and that he himself paid the assassins to murder
him.”
The President’s chief political rival, the former general Otto Pérez Molina,
demanded that Colom step down. But the President insisted that he would
forsake his position only if “they kill me.” In an interview on Al Jazeera, Colom
warned Guatemalans to “be careful of crossing the line,” and added,
“Accusing a President of murder publicly could be sedition.”
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“If there’s anything more we can do for you, don’t hesitate to fill out the proper forms.”
In the war room, Izurieta told President Colom, “We don’t have much time.”
Aides bused in Colom supporters to the Central Plaza and filmed them,
distributing the footage to television stations. (It was “pure propaganda,” the
spokesman said.) But Colom wasn’t just losing a media battle; the
government was on the verge of collapse.
The U.S. Ambassador, Stephen McFarland, paid an urgent visit to the palace.
During the Cold War, America had frequently supported Guatemala’s brutal
security apparatus. In the nineteen-fifties, the C.I.A. had contemplated an
assassination campaign against left-wing Guatemalan targets and
disseminated a treatise on the art of political murder: “The subject may be
stunned or drugged and then placed in the car, but this is only reliable when
the car can be run off a high cliff or into deep water without observation.” In
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1999, President Bill Clinton, speaking of such policies, said that the U.S.
“must not repeat that mistake.”
McFarland stressed to President Colom that there was only one way out of
the crisis: to turn over the investigation of the Rosenberg case to a U.N.-
backed organization called the International Commission Against Impunity in
Guatemala, or CICIG. Created in the fall of 2007, CICIG is a pathbreaking
political experiment. Unlike many truth commissions or human-rights bodies,
it does not investigate war crimes of the past, or merely monitor abuses.
Rather, it aggressively fights against systemic violence and corruption,
acting like blasts of radiation on a cancerous organism. Composed of several
dozen judges, prosecutors, and law-enforcement officers from around the
world, CICIG works within Guatemala’s legal system to prosecute members
of organized crime and dismantle clandestine networks embedded in the
state. Rosenberg’s brother, Eduardo Rodas, told the press that CICIG was
“our only hope for achieving justice.”
On May 12th, two days after Rosenberg was murdered, President Colom
agreed to refer the case to CICIG. Not only did the fate of the Rosenberg
case and the Colom Presidency depend on this international team of
investigators, which was led by a former Spanish prosecutor and judge
named Carlos Castresana; so did the fate of Guatemala’s democracy. As The
Economist put it, “Whether or not Mr. Rosenberg’s killers are brought to
justice will show whether or not Guatemala is indeed a failed state.”
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Castresana, who had the look of an aging student radical, with wavy brown
hair and glasses with small round lenses, was not a typical diplomat. One of
his friends, with a mixture of admiration and despair, describes him as a
“loose cannon.” Castresana often compared the criminals he investigated to
characters from literature, and he seemed to conceive of himself as an
Arthurian knight swept up in one heroic battle after another. He spoke
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incessantly about a “code of honor,” and often clashed with his counterparts
at the U.N. He told a former Guatemalan Foreign Minister, “I don’t plan to be
another U.N. bureaucrat.”
In 2008, in its first big case, CICIG charged a chief homicide prosecutor with
obstructing justice and tampering with evidence. “We thought, as proud
international investigators, we were very good at what we did,” Castresana
recalled. “But, when you come to a country with such extended levels of
corruption, it doesn’t matter if you have built a good case. So when we
brought the case against the prosecutor it was a complete failure. He came
triumphantly to the court and he was released.” Castresana realized that he
could not bring criminals to justice before he had removed at least some of
the most corrupt officials. As Castresana later told the press, “Guatemala’s
institutions must be purged from the inside—they need an exorcism.”
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“On your left, you’ll see the apartment where my ex-wife tore my heart out, stepped on it, and
flushed it down the toilet. Also a deli.”
A former deputy minister told me that Castresana had become like General
Douglas MacArthur in Japan, after the Second World War. A columnist later
said that Castresana was treated as “the voice of God.” Nevertheless, CICIG
had been fully operational for barely a year when Rosenberg was killed, and
the case threatened some of the country’s most untouchable figures. A
newspaper columnist observed, “The odds that the investigation will be
successful . . . are slim to none. Like the Battle of Waterloo, where Napoleon
was defeated, Castresana faces the prospect, in Guatemala, of the first great
failure of his international career.”
Castresana told a reporter that the Rosenberg case was “like a John Grisham
novel, but it’s real.” Before formally launching an investigation, he went to
visit President Colom. With his security detail, Castresana passed by the
protesters in the Central Plaza, and slipped through a side entrance into the
palace. Despite its grandeur, the building had a ghostly quality, with its dark,
musty rooms, creaking doors, and gossamer curtains that fluttered
aimlessly. Castresana found Colom in his office, his bony wrists and neck
poking out of his suit.
Castresana told the President, “To take the case, I need complete
independence.” Colom, who spoke so softly that Castresana had to lean
forward to hear him, promised not to interfere. But Castresana could not
know if he was sincere or if the First Lady, Sandra de Colom, would abide by
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the President’s wishes. In the palace, the First Lady was nicknamed “the
bulldozer,” for the way that she flattened aides and even the President. A
leading human-rights official told the St. Petersburg Times that Sandra de
Colom was considered “malignant and malevolent,” and “the head of a
parallel power.” (To circumvent the Constitution, which bars the relatives of a
President from succeeding him, the Coloms recently filed for divorce, in the
hope that she can run in an election, in September.)
That same day, Castresana met with Rosenberg’s son Eduardo. He looked
like a younger, more dashing version of his father. He had graduated first in
his class from law school, and since the killings he had become a partner at
Rosenberg’s law firm, moving into his father’s old office. Castresana vowed
to him, “I give you my word that, if we have to, we will bring down the
President and impeach him.”
A team of CICIG agents scoured the Rosenberg crime scene for clues.
Curiously, Rosenberg’s body had fallen backward, onto the curb, and his
bicycle had fallen away from him, onto the road. Near the body, in the dirt
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beside the road, was a series of deep gashes; they appeared to have been
made by the tires of a car.
One day, while CICIG agents were canvassing the neighborhood, they
detected an unmarked vehicle following their car; a passenger was taking
photographs of them. Weeks later, agents were meeting with a potential
witness, in the lobby of a hotel outside Guatemala City, when swarms of
police officers suddenly descended, trying to seize the witness. Fearing that
the witness might be tortured and “disappeared,” CICIG agents fled with him
into one of the hotel’s rooms. As they prepared for a gun battle, a CICIG
agent shouted to the police, “You will have to kill us all!” Meanwhile,
Castresana phoned the head of the national police and Vice-President
Espada, commanding them to order the police to back off. The police
eventually withdrew, and CICIG was able to process the witness. After all
that, the man had no reliable information—but somebody had clearly been
terrified that he did.
Castresana and his team, still lacking a key witness, confiscated all the
relevant security tapes from buildings near the crime scene. Images caught
on multiple cameras revealed that the moment Rosenberg left on his bicycle,
at 8:05 A.M., a coffin-black sports car with tinted windows and a racing
spoiler began shadowing him. The fact that the hit men were in position from
the start of the bicycle ride—an activity that was not a regular part of
Rosenberg’s Sunday routine—suggested that a person with inside
knowledge had tipped them off. The vehicle’s license plate was not visible,
but the car was a Mazda 6, and there were only fifty such models registered
in Guatemala. And the one at the crime scene, digital enhancements
revealed, had, in addition to the spoiler, distinctive red-rimmed tires and a
sticker on the lid of the gas tank. After an intensive three-week search,
investigators identified the car as belonging to a thirty-three-year-old man
named Willian Gilberto Santos Divas, who lived outside Guatemala City.
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Records showed that, on the morning Rosenberg was killed, Santos’s cell
phone was making and receiving a flurry of calls—all in the area of the
shooting. “He was there,” Castresana said.
One other detail in Santos’s file caught Castresana’s attention. Santos was a
former member of the national police force. Castresana was certain that
CICIG had found the first sign of a conspiracy.
In President Colom’s war room, Roberto Izurieta, the strategist, believed that
he, too, had found threads of what one member of the government called a
“finely woven conspiracy.” Izurieta had always thought that Colom could not
be behind the murders of the Musas and Rosenberg, and that the killings
had to be part of a plot to bring down the government. The idea was
outlandish only to the innocent. As Don DeLillo has written, “A conspiracy is
everything that ordinary life is not. It’s the inside game, cold, sure,
undistracted, forever closed off to us. We are the flawed ones, the innocents,
trying to make some rough sense of the daily jostle. Conspirators have a
logic and a daring beyond our reach. All conspiracies are the same taut story
of men who find coherence in some criminal act.” Izurieta, who had lost ten
pounds since the crisis began—and who had violated his ban on caffeine,
which made him, by his own admission, “electric”—thought that the
conspirators were finally being pulled from the shadows of Guatemalan
politics.
The investigators had found, for example, someone who had admitted
shooting the video of Rosenberg’s testimony. His name was Mario David
García. A squat man with a crisp mustache, he was an ultra-right-wing
journalist and a former Presidential candidate who was thought to have
participated in multiple plots against the state. In the late eighties, the
government accused him of being part of a cabal, known as the Officers of
the Mountain, which orchestrated two failed coups. García understood the
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power of images: he had been the producer of a television show that had
fanned the cabal’s rebellion. Another figure accused of orchestrating the
coups was none other than Luis Mendizábal. Both men denied being part of
the plots.
Could García and Mendizábal have manipulated and then killed Rosenberg in
order to unleash his video and topple the government? After all, Mendizábal
was not only a specialist in gathering information; he was also a master in the
art of disinformation. In the late nineties, he had been a member of a
clandestine intelligence unit called La Oficinita—The Little Office. (It was
named for the space above Mendizábal’s clothing boutique.) Mendizábal
insisted to me that La Oficinita helped solve kidnappings and murders. But,
according to human-rights observers, government officials, and the press,
its purpose was to deceive the public—using fake evidence and theatrical
witnesses in order to cover up the military’s crimes.
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In 1954, C.I.A. operatives had teamed with the new “scientists” of advertising
to overthrow President Jacobo Árbenz—Guatemala’s last left-wing leader
until Colom—by creating the illusion of a domestic uprising. Operatives set
up a radio station, the Voice of Liberation, which was supposedly broadcast
from a rebel camp “deep in the jungle” but, in fact, was transmitted from
Miami and often broadcast from the U.S. Embassy in Guatemala City. The
station caused national hysteria by reporting fake news of the government
poisoning the water supply and of phantom troops marching on the capital.
One operative referred to the scheme as “the big lie.”
In May, 2009, Mendizábal and García, who were being pressed by the media,
acknowledged their roles in producing the Rosenberg video. The
Archdiocese’s Office of Human Rights, citing their histories, warned that
there might be a sinister force at work. It noted that Rosenberg’s
assassination had the hallmarks of “fictitious scenarios” from Guatemala’s
past.
If there was a plot to topple the government, the next question was who was
the main beneficiary—and hence the prime mover behind it. One person
seemed to have the most to gain. It was Colom’s longtime political rival Otto
Pérez Molina—the notorious former general and head of military intelligence
who, after the video was distributed, had demanded that Colom resign.
Pérez Molina, who appeared on García’s radio program to denounce Colom,
had previously declared that he was running again for President.
Scattered dots seemed to form a picture, like a constellation in the sky. Then,
less than a month after Rosenberg’s death, President Colom’s Minister of the
Interior, who was a confidant of the First Lady, informed Castresana that he
had found what amounted to a smoking gun—a witness who would reveal
the entire conspiracy.
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The witness said that the gang received the first installment of its fee from
Roxana Baldetti, a member of Congress who is running as Otto Pérez
Molina’s Vice-Presidential candidate. The witness said that he had saved
text messages that he had exchanged with a member of Pérez Molina’s
party, who had offered him a car and money to remain silent. Castresana,
speaking of the witness, recalled, “With this testimony, we could have
arrested the leader of the political opposition and put him in jail.”
Castresana had asked President Colom’s Interior Minister to make sure that
nobody from the media was at the stadium, fearing that the identities of
CICIG agents might be exposed. (At one point, a clerk handling evidence in
the Rosenberg case was gunned down in Guatemala City.) But a pack of
reporters suddenly appeared, and the news soon broke around the country
that Otto Pérez Molina and Roxana Baldetti were the alleged masterminds of
Rosenberg’s murder. “PROOF DELIVERED,” the banner headline in one
newspaper read.
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Baldetti had taken place—nothing of the sort was on tape. Other evidence
that the witness provided was fabricated. Even his name was an alias. The
whole meeting was an elaborately staged act of misdirection. The witness
later confessed, “I received a call from a member of the government saying,
‘I have a job for you,’ and he offered me money . . . to give false evidence.”
The witness alleged that Colom’s spokesman and the First Lady were part of
the scheme.
“B_otar un palo grande_,” the voice said. “Knock over a big stick.”
A Chilean agent of CICIG was sitting in a small, stuffy room, nearly three
months after Rosenberg’s death, eavesdropping on Willian Santos, the
owner of the black Mazda. The Rosenberg case marked the first time in the
history of Guatemala that wiretapping was being conducted by a legal entity,
rather than by secret military intelligence or some other unauthorized body.
For weeks, CICIG had been monitoring Santos’s conversations and tracking
his movements. Castresana and his team had mapped out, with flowcharts
and photographs, at least part of the criminal network to which Santos
belonged. So far, investigators had identified ten members of the gang.
Nearly all of them were current or former police officers; one was a veteran
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of the military. Their conversations confirmed that the men had become
professional killers. The question was who had hired them to assassinate
Rosenberg.
“If we’d gone South for the winter, we’d be back by now.”
CICIG agents had intercepted more than ten thousand of the gang’s fugitive
conversations. But, even in an age of listening devices and satellite
surveillance and Wayback Machines, much of history remains beyond
confirmation, out of earshot, buried with the corpses. One of the leaders of
the gang was recorded saying that he wanted to hear “zero comments”
about the Rosenberg “job,” because there were extremely powerful people
who didn’t want anyone “running off their mouths.”
As the Chilean agent listened to Santos, she wondered what he had meant
by “knock over a big stick.” The gang had developed its own coded
language: “greens” meant money; “to lift” was to kidnap a person; and
“shooting up a car” was an assassination. The more the Chilean agent
listened to the conversation, the more she realized that to knock over a big
stick was to kill someone important.
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going around talking about Rosenberg.” There was a long silence. “I’m not
going to freak out but I want to cut that son of a bitch down already.” The
man explained that he was just waiting for “the green light.”
According to the hit men, the gang had been hired by Francisco and
Estuardo Valdés Paiz, two brothers who owned one of Guatemala’s largest
pharmaceutical companies. Surprisingly, the brothers were related to
Rosenberg—they were cousins of his first wife. The Valdés Paiz brothers had
contacted the gang and agreed to pay forty thousand dollars for the hit. The
target was described to the hit men simply as an “extortionist,” and Cardona
Medina was given a cell phone for communicating with a mysterious inside
man, who provided minute details about what the extortionist looked like.
The inside man also indicated the ideal place to shoot Rosenberg, which is
why there were tire marks at the scene of the crime: the previous night, the
hit men had marked the spot.
A hidden design was finally emerging. But why would the Valdés Paiz
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Records also indicated that this cell phone had communicated with only one
other telephone—the one that Cardona Medina had reported receiving from
the Valdés Paiz brothers. And so whoever had made the threats to
Rosenberg appeared to be the same mysterious inside man who had given
instructions to the killers. The inside man had communicated with Cardona
Medina for the last time at 8 A.M. on May 10th—to alert the executioners that
Rosenberg was on his way.
Castresana and his colleagues tried to trace the cell phone to its owner. It
had been bought with cash, in order to insure anonymity. But a sales-tax
form for the phone contained a faded signature—that of Rosenberg’s driver.
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Investigators brought the driver in for questioning. He did not deny that he
had purchased the phone, but he swore that Rosenberg had instructed him
to buy it, along with another cell phone. The driver said that he was told to
pay in cash and not to identify himself in paperwork; he had accidently put
his name on the sales-tax form.
Castresana suspected that the driver was lying. But Rosenberg’s secretary
at the law firm confirmed that on the day the driver bought the phones he
had turned in a receipt for reimbursement. If he was a conspirator, it seemed
inconceivable that he would have done so.
The driver said that Rosenberg had kept one of the phones, and had
instructed him to deliver the second one to Francisco Valdés Paiz. Records
showed that this cell phone was the same one that Cardona Medina had
received. Suddenly, the disparate lines of the investigation were converging
toward one conclusion: Rosenberg had purchased the phones used by his
own killers. CICIG investigators then made an even more startling discovery.
Telecommunications experts determined that the purportedly threatening
phone calls had all originated from one place: inside Rosenberg’s own
apartment. Castresana thought, Rosenberg had been making threats to
himself.
Any lingering doubts about who was behind the killing dissolved once
Castresana and his team discovered that Rosenberg, just before his death,
had issued a check for forty thousand dollars—the amount owed to the hit
men—and had asked his secretary to deliver it to the Valdés Paiz brothers.
Rosenberg had drawn the money from the Panamanian account of a client, in
order to conceal his hand in the scheme. As inconceivable as it seemed,
Castresana and his team were now certain that Rosenberg—not the
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President, not the First Lady, not Gustavo Alejos, or anyone else—was the
author of his own assassination.
“Recalculating . . . recalculating . . . ”
Castresana believed that Rosenberg would have pulled off “the perfect
crime”—his secret plot permanently lost to history—had the driver not signed
the sales-tax form. But, thanks to this mistake, CICIG unravelled the rest of
the mystery. Castresana and his agents determined that Rosenberg had
enlisted the Valdés Paiz brothers to help him find a band of hit men.
Rosenberg told the brothers only that the target was a man who had been
extorting and threatening him. Cardona Medina testified that, by the time he
went to collect the assassination fee, Francisco Valdés Paiz had learned the
truth, and was distraught, crying that the hit men had just killed his cousin.
Rosenberg had been careful in planting false clues that would confound
investigators. Not only had he repeatedly called his own home number from
the cell phone, creating the appearance of continuous threats; he had also
called the hit men on the morning of his death, informing them that the
target was leaving his house. This explained why a man purportedly
threatened with death had ventured out alone, on a bicycle, in one of the
most murderous cities in the world. It also explained why the inside man had
known exactly where the target would be—the day before the shooting. And
it explained why Rosenberg’s bicycle and his body were found in such
peculiar positions at the crime scene: as the hit man who pulled the trigger
confessed, Rosenberg had got off his bicycle at the designated spot and
was sitting on the curb, waiting for his assassin, when the hit man shot him
three times in the head, once in the neck, and once in the chest. Castresana
says of Rosenberg, “He set himself off like a suicide bomber.”
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In December, CICIG issued arrest warrants for the Valdés Paiz brothers. They
went into hiding, and were not apprehended for several months. The ten
members of the hit squad were eventually convicted. The Valdés Paiz
brothers initially acknowledged their involvement in the plot, according to
authorities, but they now maintain their innocence. Their case is still
pending.
In the palace, President Colom, the First Lady, Gustavo Alejos, and Roberto
Izurieta watched the address on television. Just before the broadcast,
Izurieta met with Colom to prepare an official response. Izurieta asked the
President, “So who did it?”
Colom said, “You’re not going to believe it, but I don’t know.”
Though President Colom and others who had been in the war room trusted
Castresana’s conclusion that Rosenberg had plotted his own death, many of
them still privately believed that there remained another shrouded part of the
story—a conspiracy within a conspiracy. They felt that Rosenberg alone
could not have pulled off such an intricate deception, and that he must have
been abetted by García, the talk-show host, and Mendizábal, the spy, both of
whom had reasons for wanting to bring down the government.
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This time, though, the truth was more powerful than fiction. After
Castresana’s meticulous presentation, the director of El Periódico, who had
once written how absurd it would be to imagine that Rosenberg “immolated
himself, kamikaze style,” called CICIG’s research “masterly,” and said, “I can
only humbly surrender to the evidence.” U.S. Ambassador McFarland told me
that the CICIG probe helped preserve “Guatemala’s stability and democracy,”
and demonstrated that it was possible to “get to the bottom of things.”
People beseeched Castresana, who was hailed as Guatemala’s Eliot Ness, to
run for President.
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Still, an essential part of the Rosenberg case remained a mystery: Who killed
the Musas? Castresana asked for the public to be patient. After Rosenberg’s
murder, CICIG had arrived on the crime scene immediately. But nearly a
month had elapsed before CICIG had taken on the Musa case—an eternity in
homicide investigations, especially in a country where evidence is not
properly collected. “We were lost,” Castresana said.
If CICIG concluded that the President, the First Lady, and Alejos had, in fact,
killed Khalil and Marjorie Musa, then the government could collapse. Though
the most prevalent view was that the government was responsible, in the
absence of definitive evidence new theories multiplied. One hypothesis,
which was given quiet support by Gustavo Alejos and others in the Colom
Administration, was that Musa had objected to Marjorie’s getting a divorce
and marrying Rosenberg, and so Rosenberg had hired hit men to kill him.
After Marjorie was accidently murdered, Rosenberg had arranged his own
assassination, partly out of despair and partly to cover his own tracks.
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Castresana denied the affairs, and said to me, of his assistant, “There were
elements in the lie that made it seem true—she was my assistant, she was a
beautiful young woman, and we were close.” Other reports in the
Guatemalan press suggested, falsely, that Castresana was under
investigation at the U.N. for ethical misconduct. Anita Isaacs, a political
scientist and an expert on Guatemala, who knows Castresana, told me that
the networks traditionally relied on three ways to remove an enemy: “The
first is to bribe you—but they could not bribe Castresana. The second is to
kill you—but they could not kill Castresana. Finally, if all else fails, they
destroy your reputation. And that is what they did to Castresana.”
Not all public criticisms of Castresana and CICIG were part of a campaña
negra. Some Guatemalans and U.N. officials thought that Castresana was
too authoritarian, and that he often pursued targets unfairly in the press.
Even some former CICIG agents criticized his methods.
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Last November, Castresana passed through New York, and I met him at a
restaurant. He seemed diminished without his security retinue. He said of
the attacks on his reputation, “They have hurt my image forever.” He and his
wife were divorcing, and he had not been able to see his children. “I have
nothing,” he said. “I lost my family while in Guatemala. It almost took my life.”
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“Sorry to disturb you, Ma’am, but we’ve had some reports of a dog barking.”
Not long ago, Castresana contacted me again, and for the first time in a
while he sounded enthused. There had been a break in the Musa case. He
explained that, before he left CICIG, investigators had found partial
confirmation of what Rosenberg had alleged about improprieties at Banrural
and other institutions. “We discovered some evidence of money laundering,
fraud, and embezzlement,” he said. Moreover, as Rosenberg had believed,
there had been an intense fight over control of Banrural’s board of directors,
and an effort to block Musa’s appointment. But Rosenberg had overlooked a
key detail: after receiving threats, Musa had informed the government that
he was not taking the posts. By the time of his death, the hidden dispute
over Banrural had been resolved, and there appeared to be no motive for
killing him.
Castresana told me that CICIG, using surveillance tapes and wiretaps, had
recently identified the alleged hit men who killed Musa. After they were
interrogated, several of them confessed, and the baroque narrative took its
final twist. It turned out that Musa, despite his impeccable reputation, had
been buying contraband for his textile factory from a criminal network. When
Musa got into a dispute with the gang, and refused to pay for the
contraband, he was assassinated. The Musa family has refused to accept
the prospect that its patriarch was corrupt, and took out a full-page ad in a
newspaper denying the allegations. But twelve men have been arrested for
the murder of the Musas, and the trial is expected to begin later this year.
The shrine that was set up at the street corner where Rodrigo Rosenberg
died is now deserted. Pilgrims no longer come to leave notes or flowers.
When I visited the shrine, the wooden cross was tilted and defaced. Beside
it, half buried in dirt, was a discarded banner. Scraping away the mud, I could
see the fragment of a story: “Rodrigo Rosenberg, National Hero.” ♦
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