Cerro Maravilla Incident

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This article is about the killings that occurred on the mountain in 1978. For information on the mountain itself, see Cerro Maravilla.

The Cerro Maravilla Incident, also known as the Cerro Maravilla Case or the Cerro Maravilla Killings (Caso del Cerro Maravilla or Asesinatos en Cerro Maravilla in Spanish, respectively) is the name given by the Puerto Rican public and media to describe the events that occurred on July 25, 1978 at Cerro Maravilla, a mountain in Puerto Rico, wherein two young Puerto Rican pro-independence activists were killed in a police ambush. The event sparked a series of political controversies where, in the end, the police officers were actually convicted of murder and several high-ranking local government officials were accussed of planning and/or covering-up the incident.

Contents 1 The incident 1.1 Initial statements 1.2 The first investigations 1.3 The second investigations 2 Aftermath 2.1 Undercover agent murdered 2.2 Public apologies 3 Legacy 4 References 5 Further reading 6 Filmography

[edit] The incident

On the night of July 25, 1978 Carlos Soto Arriví and Arnaldo Darío Rosado, two independence activists of the Armed Revolutionary Movement (Movimiento Revolucionario Armado in Spanish), along with undercover police officer Alejandro Gonzalez Malavé posing as a fellow group member, took taxi driver Julio Ortiz Molina hostage and ordered him to drive them to Cerro Maravilla where several communication towers were located. Their original plan was to set fire and sabotage the towers to protest the imprisonment of Puerto Rican nationalists convicted of the 1950 assassination attempt on U.S. President Harry S. Truman and the 1954 shooting at the United States Capitol where five members of Congress were injured.^[1] State police officers were alerted of their plan prior to their arrival and the activists were ambushed and shot.^[2][3][4] The undercover agent received a minor bullet wound during the shooting, while the taxi driver was left unharmed.

[edit] Initial statements

The morning after the shootings, the officers argued that they acted in self defense, stating that they ordered the activists to surrender, at which time the activists started shooting at them and they returned fire. Initially, the taxi driver said he was under the dashboard of his cab when the shooting started and could not see who shot first,^[4] although he contradicted his statement a few days later in an interview with the San Juan Star, a local newspaper, stating that he ducked under the dashboard of the car after the three men (the two activists and the undercover agent) left the car, and that he saw "10 heavily armed men" approaching. When he emerged from the car, he saw the three men alive and two of them were being beaten by the armed men, who were later identified as policemen.^[3]

[edit] The first investigations

Then Governor of Puerto Rico Carlos Romero Barceló (PNP) praised the officers in a televised address by calling them “heroic”,^[3] stating that they acted in self-defense and stopped a terrorist attack. However, facing public pressure due to the taxi driver’s conflicting statements, the Governor ordered two separate investigations by the P.R. Justice Department in addition to the ongoing standard Police investigation, all of which concluded that the officers' actions were free of any wrongdoing, despite various inconsistencies in their stories.^[3][4] Opposing political parties, mainly the Popular Democratic Party (PDP), insisted that the investigations were just cover-ups and demanded that a special independent prosecutor be assigned to investigate.^[3] Two special investigations by the U.S. Justice Department's Civil Rights Division and by the U.S. Federal Bureau of Investigation (FBI) were performed on separate occasions between 1978 and 1980, which confirmed the conclusions of the P.R. Justice Department that the officers acted in self-defense.^[5][1]

[edit] The second investigations

In the November 1980 general elections, Governor Romero Barceló was re-elected by a margin of 3,000 votes (one of the closest in Puerto Rico history), though his party lost control of the state legislature to the main opposing party, the PPD. This loss is widely attributed to the surrounding controversy regarding the investigations at the time.^[1] The Legislature quickly started new inquiries and hearings into the Cerro Maravilla incident. The Senate, then presided by Miguel Hernández Agosto, spearheaded the investigations by naming former Assistant District Attorney Hector Rivera Cruz to investigate.^[1]

The second investigations performed between 1981 and 1984 by the legislature, the U.S. Justice Department, and the local press brought to light a plot to assassinate the activists and a possible, though not conclusive, conspiracy to cover-up these actions. During interviews of the Senate Investigations Committee in 1983, officer Miguel Cartagena Flores, a detective in the Intelligence Division of the Puerto Rico Police Department, testified: “When I arrived at the scene I saw 4 police officers aiming their guns at the two activists who were kneeling before them. I turned my eyes away and heard 5 gunshots".^[6] Cartagena, who was offered immunity for his testimony, would add that several hours before the shooting, he and other officers were told by Col. Angel Perez Casillas, commander of the Intelligence Division, that “these terrorists should not come down (from the mountain) alive”.^[6] His testimony was corroborated by officer Carmelo Cruz who, although he did not witness the fatal shooting, confirmed many details provided by Cartagena when also granted immunity.^[6]

Other inquiries obtained similar testimony from witnesses, including the taxi driver who now stated that the activists were “alive and disarmed” when the police removed him from the scene.^[1] The taxi driver stated that there was a short exchange of gunfire, and when he was removed to another place nearby he heard a second volley of gunfire,^[4][5] but was asked by the police and investigators of the PR Justice Department to forget about the second round of shots.^[4] The statement regarding two different volleys of shots was upheld by various people, including ex-officer Jesus Quiñones before a Federal grand jury (he quit the force shortly after the shootings), and three other civilian witnesses in a San Juan Star interview.^[4]

Subsequently, the legislature and local press started questioning the P.R. Police Department's, the P.R. Justice Department's, the U.S. Justice Department's, and the FBI’s actions during the first investigations, alleging corruption within the agencies and a conspiracy to cover-up evidence. Letters were sent by various community and political leaders to then Senate Judiciary Committee chairman Senator Edward M. Kennedy, asking for an inquiry into the conduct of the Federal investigations.^[4] Several letters even accused former US Attorney General Benjamin R. Civiletti of providing aid to Gov. Romero Barceló during the investigations. Two leaders from the opposing parties charged that after a December 1979 meeting between the two, the Governor, then considered as a lifelong Republican, began campaigning to deliver the 41 Democratic Party convention votes of the island for President Jimmy Carter’s (D) nomination for the presidency (ironically, Carter’s opponent for the nomination was Senator Kennedy). Almost 45 days after President Carter won the nomination by 1 delegate, the U.S. Justice Department announced that, for lack of evidence, it was concluding its investigation.^[4] A Justice Department internal memorandum that was issued the same month of Romero Barceló’s and Civiletti’s meeting would later prove that the investigations were closed even when agents were still investigating important evidence of the case which would potentially incriminate the officers, including “several unexplained contusions” on a victim’s face and the fact that one of the police officers recanted his original story, stating that there was in fact “two bursts of firing”.^[5]

These, and several other accusations, brought public and political pressure to all investigating agencies, which in turn led to internal revisions of evidence and procedures from the first investigations both at the local and federal level, although all organizations would still adamantly deny any cover-up conspiracy. These second investigations led to reassignments, demotions and resignations among top officials within the PR Justice Department, including 3 different P.R. Secretaries of Justice (equivalent to state Attorney General) entering and leaving their posts in a span of six months.^[7] On November 29, 1983, three prosecutors were relieved of their duties after a report by the state Senate Investigations Committee found they had failed to properly investigate the Cerro Maravilla shootings, citing 101 specific deficiencies in two investigations.^[6] This was the third state Attorney General to oversee the investigations since the shootings occurred on 1978.

[edit] Aftermath

The second investigations led to 10 officers being indicted and found guilty of perjury, destruction of evidence, and obstruction of justice, of which 4 were convicted of second-degree murder during 1984.^[2][7][5] The convicted officers, which were not on active duty at the time due to various reasons, were:

• Col. Ángel Pérez Casillas (head of the PR Police Department’s Intelligence Division during the incident; suspended)
• Lieut. Nelson Gonzalez Perez (resigned),
• Lieut. Jaime Quíles Hernandez (suspended),
• Officer Juan Bruno González (suspended),
• Officer William Colon Berríos (suspended),
• Officer Nazario Mateo Espada (suspended),
• Officer Rafael Moreno Morales (suspended),
• Officer Luis Reveron Martinez (on disability leave),
• Officer Jose Rios Polanco (suspended), and
• Officer Rafael Torres Marrero (on disability leave).

That same year, in the general elections held in November, Romero Barceló lost his gubernatorial seat against former governor and opposing party rival Rafael Hernández Colón (PPD). It is widely accepted that Romero Barceló lost the elections because of this case, since his public opinion rating had deteriorated substantially during late 1984 as the investigations progressed, and since his political rivals used his defense of the officers as an indication of a possible conspiracy.^[1][3][7]

[edit] Undercover agent murdered

Alejandro Gonzalez Malavé, the undercover agent who was accompanying the activists, was not indicted for his part in the slayings because he was granted immunity for testifying against other officers, but was removed from the police force due to public pressure. In February 1986, he was acquitted of kidnapping the taxi driver. His lawyer had argued that he was acting under orders and, henceforth, it was the government who was actually guilty of kidnapping, even though testimony from officer Carmelo Cruz testified that it was Gonzalez Malavé who recklessly endangered the hostage’s life. The prosecution had provided evidence that he threatened the hostage at gunpoint, drove the car, and, when the car approached the mountaintop, refused to free the hostage despite suggestions from the activists. These actions, according to officer Cruz, were contrary to standard police procedures since his primary concern should have been the safety of the hostage.^[1] Nevertheless, the PR Police Department did not reinstate Gonzalez as an active police officer, a fact that he publicly expressed resentment over, and subsequently threatened to provide incriminating evidence to the media about other individuals involved in the shootings unless reinstated.^[8]

On the evening of April 29, 1986, just two months after his acquittal, Gonzalez Malavé was assassinated in front of his mother's house in Bayamón. He received three gunshot wounds while his mother was slightly injured. A few hours later, a group identifying itself as the “Volunteer Organization for the Revolution” called local news agencies claiming responsibility. In their statements they swore to kill, "one by one", all the policemen involved in the deaths in Cerro Maravilla.^[9] The FBI considered it one of the most dangerous terrorist organizations in the United States at the time, given that it was the same organization that claimed responsibility for an attack on a Navy bus in Puerto Rico on December 3, 1979 where two Navy men were killed and 10 people injured, as well as an attack on a U.S. National Guard base on January 12, 1981 where six fighter-jet planes were destroyed.^[9] To this day, no one has been identified as a possible suspect in Gonzalez Malavé's murder, and the case remains unsolved.

[edit] Public apologies

In 1992, former US Justice Department Civil Rights Division chief Drew S. Days III admitted before the P.R. Senate that the U.S. Justice Department and the FBI acted negligently during the 1978-1980 investigations of the Cerro Maravilla incident, such as rejecting interviews with key witnesses (including the taxi driver^[5]), refusing to offer immunity to certain witnesses, and avoiding various standard investigating tasks. Days stated: "I think that certainly an apology is justified with respect to the way the federal government handled its investigation: the FBI, the Justice Department, and my division . . . it was not done in the professional way that it should have been done."^[5] FBI Director William S. Sessions had made similar concessions in a written statement in 1990, stating: “In hindsight, the eyewitness should have been interviewed and a civil rights investigation initiated”.^[5] In 1984, the FBI conducted an internal review of its Cerro Maravilla Case files, and concluded that there was no cover-up effort inside the FBI, only a desire to avoid derailing “the cooperative anti-terrorism effort” with the Puerto Rican police. Their statements were accompanied with promises to improve their agencies in order to avoid similar incidents in the future.

In 2003, 25 years after the incident, former Gov. Romero Barceló admitted in a public radio interview that it was “an error of judgment” and “a premature declaration” to laud the police officers, since at that time he believed they were telling the truth about their self-defense.^[2] However, he has publicly denied any wrongdoing regarding the alleged cover-up during the first investigations.

[edit] Legacy

Ever since the final investigations ceased, there has been a much heated debate about the Cerro Maravilla incident within Puerto Rico, with some groups arguing that there are still others responsible for planning and/or ordering the plot to kill the activists as well as the subsequent cover-up, while others have argued that the incident was exaggerated by rival politicians and the media, maintaining that no conspiracy was ever present and that some of the officers incarcerated, though not all, are actually innocent.^[10] Most people tend to agree, however, that the true story behind the incident may never be resolved.

Every July 25th, Puerto Rican nationalists and independence activists gather on Cerro Maravilla to honor Carlos Soto and Arnaldo Dario, as well as to defend and celebrate the Puerto Rican independence movement. It is usually organized by the family of the victims, former members of nationalist groups, and by the Puerto Rican Independence Party (PIP). The mountain has also been christened by them as “El Cerro de los Mártires” (The Mountain of the Martyrs).^[8]

[edit] References

1. ^ ^{a b c d e f g} Ex-agent Acquitted of Kidnapping in Puerto Rico, The New York Times, February 22, 1986, retrieved August 2, 2006
2. ^ ^{a b c} Romero: Mistake To Call Police 'Heroes' In Cerro Maravilla by Laura Rivera Melendez (AP), The Puerto Rico Herald, September 15, 2003, retrieved August 2, 2006
3. ^ ^{a b c d e f} Puerto Rican Governor Seen as Hurt by Officers' Arrest, The New York Times, October 21, 1984, retrieved August 2, 2006
4. ^ ^{a b c d e f g h} Senators Asked to Study Puerto Rico Killing Inquiry, The New York Times, August 11, 1980, retrieved August 2, 2006
5. ^ ^{a b c d e f g} Ex-Justice Official Cites 'Coverup' By FBI in '78 Puerto Rico Shootings by Jim McGee, The Washington Post, May 9, 1992, retrieved August 2, 2006
6. ^ ^{a b c d} Puerto Ricans Were Kneeling When Killed By Police, Officer Says, The New York Times, November 30, 1983, retrieved August 2, 2006
7. ^ ^{a b c} 10 From Puerto Rico Police Indicted on Cover-Up of '78 Killings by Reginald Stuart, The New York Times, February 7, 1984, retrieved August 2, 2006
8. ^ ^{a b} Cerro Maravilla a 25 años: Lo que queda por esclarecer (25 Years After Cerro Maravilla: What’s Left to be Cleared) by Yaritza Cardona Mercado, WRTU Radio Universidad 89.7 FM, July 24, 2003, retrieved August 2, 2006(Spanish)
9. ^ ^{a b} Police Agent in Puerto Rico Deaths is Assassinated The New York Times, May 1, 1986, retrieved August 2, 2006
10. ^ What Happened in Cerro Maravilla? (in Spanish) by Maggie Bob and Miguel Rocca, Pulso.org

[edit] Further reading

• Nelson, Anne (March 1986), Murder Under Two Flags: The U.S., Puerto Rico, and the Cerro Maravilla Cover-Up, Ticknor & Fields, ISBN 0-89919-371-4

• Suarez, Manuel (September 1987), Requiem on Cerro Maravilla: The Police Murders in Puerto Rico and the U.S. Government Cover-Up, Waterfront Press (Washington, DC) ISBN 0-943862-36-1

• Suarez, Manuel (January 2003), Two Lynchings on Cerro Maravilla: The Police Murders in Puerto Rico and the Federal Government Cover Up, Institute of Puerto Rican Arts and Culture (IPRAC) Editorial House (Editorial Instituto de Cultura Puertorriqueña), ISBN 0-86581-588-7

[edit] Filmography

The movie ‘’A Show of Force’’ is based on the events and theories behind the incident.