Testimony of Sabas David Arias-Martinez,
U.S. District Court
June 16, 2005 

Page 32 Line 9
The Court =The Honorable Judge Michael M. Mihm
Questions: Mr. Mota = Prosecuting Attorney
        Mr. Moore = Defense Attorney
Answers = Sabas David Arias-Martinez
Licendiado =William Martinez.  Licendiado is a term for someone with a university degree
Engineer = Otto Herrera, "the Engineer" 
Wily = A Colombian

Emphasis added  - points of contradictory or dubious testimony

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA

- - - - - - - - - - - - - - - - - - - -
                                       )
UNITED STATES OF AMERICA,              )
                                       )
Plaintiff                              ) CRIMINAL ACTION NO.
                                       ) CR 03-331
v.                                     )
                                       )
WILLIAM ELIU MARTINEZ                  )
                                       )
Defendant                              )
- - - - - - - - - - - - - - - - - - - -

EXCERPTS OF PROCEEDINGS

Washington, D. C.

June 16, 2005

Testimony of: Sabas Arias-Martinez

BEFORE: THE HONORABLE MICHAEL M. MIHM
United States District Judge


APPEARANCES:

UNITED STATES ATTORNEY'S OFFICE
By: Michael Mota
Jim Faulkner
Patrick Hearn
Assistant United States Attorney
Counsel for the United States

FEDERAL PUBLIC DEFENDER'S OFFICE
By: Shawn Moore
Lara Quint
Assistant Federal Public Defender
Counsel for the Defendant

 

COURT: Do you solemnly swear to tell the truth, the whole truth, and nothing but the truth?

A. Yes.

Paged 1-37 to be typed

---------- Page 38 ----------------------------.

Q. Did you ever go with this person Julio out to sea?

A. Exactly, Yes.

Q. When was that?

A. Well, it was in 1999 when Licenciado ordered to prepare two boats, and to find another person to serve as a guide for the second boat.

Q. And Mr. Martinez, the defendant, ordered you or asked you to do that?

MR. MOORE: Your Honor, I object to the leading

MR. MOTA: Just clarifying the already given answer, Judge.

THE COURT: All right.  Well, avoid the leading questions.  I think you can rephrase that.

MR. MOTA: Thank you.

Q. And again, who told you to find the second person?

A. Mr. Licendiado Martinez

Q. And did this person Julio go with you on a trip?

A. He went on another boat, that's correct.

Q. And in relation to when you met Mr. Martinez, the defendant, to the time you took this trip with Julio, about how much time had gone by?

A. About eight months

Q. And would you describe the two boats that made this trip?

A. Yes.  It was the Mako I and one Pamella II

Q. Excuse me.  And was the Mako the name of the boat of the type of boat?

A. No. It was the type of the boat.

Q. What was the name of the first boat?

A. Pamela I.

Q. When you began the trip with Julio and the two boats, Pamela I and Pamela II, did you see Mr. Martinez, the defendant, at the beginning of that trip?

A. Yes, sir.

Q. Would you tell us in your own words about that, please.

A. He ordered to prepare both boats with fuel, lots of oil, lots of food, because we were going to go out fishing.

Q. And did you and Julio leave in the two boats?

A. In Julio's boat there were Kique, Julio and Pedro, and on my boat there were the Engineer, Wily and, um, Pedro with Mr. Robinez.  (The interpreter corrects.)  In my boat there were the Engineer, Wily and Mr. Lavine.

Q. All right.  I apologize. I may not have heard those three names correctly.  Could you repeat them please?

The Interpreter: The last one?

MR. MOORE: No, all three of them.

THE WITNESS: The Engineer, Wily and Mr. Robinego

Q. And the person named Wily, do you know who that person was?

A. No.

Q. Did you know him by any other name?

A. No.  But he spoke with a Colombian accent.

Q. Just so I'm clear, sir, Wily is not William Eliu Martinez?

A. Yes.  It's not him

Q. Now, did Martinez go on either of the boats at that time?

A. No.

Q. What happened as you went out to sea with Julio on the other boat together?

A. We left approximately 63 nautical miles.  The point called a Hanofodongi (ph.).  This is how we call it.  When we arrived at that point around 3 o'clock in the afternoon, I asked the Engineer whether we were going to fish so we can least throw fishing poles.  And he told us that we needed to wait.
About an hour after being in that place, there was a big boat -- there was a ship that was right in front of us.  That ship approached.  I insisted that it was already clear, that we could see.  The Engineer grabbed the radio, a portable radio, and they started communicating by radio.  And on channel 67, he asked --

MR. MOORE: Objection, Your Honor

THE COURT : All right. We'll have a side bar.

(Side-bar conference:)

MR. MOORE: Okay.  Unless this Arias-Martinez is privy to what the other boat is saying, I don't know how he would know what the Engineer --

THE COURT: --said.

MR. MOORE: Or foundation, as well. I don't know how he would know unless he heard the conversation.

MR. MOTA: Judge, I guess I wasn't clear what the objection was, to what he heard the Engineer, or whether the objection to what the other boat may have been saying or thinking?

THE COURT: My understanding is you're objecting to what this witness is about to say was said by Otto Herrera; is that what you're saying?

MR. MOORE: Well, it's  -- no.  It's more -- the objection is more towards he is - his testimony is that Herrera was communicating with the personnel on the other boat, and I don't thin there's been any foundation laid, among other things, for that, for him knowing he's communicating with the other boat.

Mr. MOTA: Well, we can clarify.

THE COURT: Hold on a minute.  Can you give me a brief offer of proof her what he's going to say if he's allowed to?

MR. MOTA: I think he is just going to say, Judge, that there was communication from Otto Herrera with what he thought was the other boat at the time.

THE COURT: He's not going to tell us what it was, what the --

MR. MOTA: What the other boat was saying?  I'm not intending to ask him that.  I don't believe he's going to say that.

THE COURT: Just the fact that there was a conversation?

MR. MOTA: Yes, sir.

THE COURT: It that is all, then I don't think there's a problem.

MR. MOTA: We'll try to stay away from that.

THE COURT: What happens next?

MR. MOTA: Well the other boat and the boat that -- the boats that he and Julio were on, joined, and then there's a transaction. There's a transfer of bails from the larger boat.

THE COURT: From the ship?

MR. MOTA: Yes, sir.

THE COURT: All right.

MR. MOORE: All right.

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THE COURT: So you are saying he is just simply going to be asked, as he's basically already done, perhaps, that Otto Herrera had a conversation with the
other boat and things run sour --

MR. MOTA: Yes

THE COURT: Without going into the ---

MR. MOTA: And then I can move on.

THE COURT: All right.

(End of Side-bar conference.)

BY MR. MOTA

Q. Mr. Arias-Martinez, after there was a conversation by the Engineer, without getting into the conversation anymore, what happens next?

A. You referring at the time when we were at that point waiting with the radio?

Q. Okay. I apologize. The question may have been a little confusing. Did the other boat, the larger boat that you've mentioned, did it ever come closer?

A. Yes, sir.

Q. What happened then?

A. When the Engineer from the radio asked if he was there and he said, "Is that you?" And they said yes.

MR. MOORE: Objection, Your Honor.

THE COURT: Okay. I'm sorry. We'll have to have another side bar.

 

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(Side-bar conference)

THE COURT: What is your objection?

MR. MOORE: The boat began to -- lack of foundation, but also at this point of the game, hearsay objection because he's now talking about what's coming back from the other boat.

THE COURT: Well, okay. What is thought?

MR. MOORE: He was obviously that one think for the fact that so --

MR. MOTA: Well not necessarily, Judge. It is being offered, and if the Court would like to instruct the jury.

THE COURT: Well, in terms of, in the context of what, as I understand, he is going to say, in that after this conversation, the boat did come up, and, I mean, there are -- I think that is an adequate foundation concerning hearsay matter. I assume that probably comes under 801(d)(2)(e).

MR. MOORE: Can I just -- Judge, not to belabor this, I wouldn't mind if Mr. Mota simply let him very briefly say "Did the boat come over? And what happened after the boat came over?" so we can avoid this conversation.

MR. MOTA: That is fine.

THE COURT: Okay.

(End of Side-bar conference.)

 

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THE COURT: I'll allow the answer to stand so far but you are going to ask a new question.

MR. MOTA: Yes, sir. Thank you.

BY MR. MOTA:

Q. Mr. Arias-Martinez, would you tell us then what happened after the other boat got closer?

A. He told me to, the Engineer told me to get really close to the edge, and then from the top of the -- the interpreter requests that the witness be instructed not to speak while we're interpreting. An then a person appeared on the top of the big ship, and he said, here  you have what you were expecting. And he was a dark-skinned person.

Q. Could you describe the other boat - I think you referred to it as the larger  boat or ship.

A. It was approximately 120 feet long, it was blue, and the name was Santos with the Peruvian flag.

Q. Was anything taken off the other boat and placed on your boat?

A. Yes, sir. In both boats.

Q. Your boat and the boat carrying Julio?

A. Yes, sir.

Q. What happened when that took place?

A. When they was throwing form this very big boat, they were throwing the big packages, and they were very, very large.

 

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MR. MOTA: Your Honor, if I could just, for the record, indicate that the witness  was motioning with both of his hands holding them apart approximately three feet
apart or so, for the record.

THE COURT: I'm not sure I agree with you indication of how much that is.

MR. MOTA: I'll withdraw that indication, then, Judge. Nonetheless, the witness was holding his hands apart. Than you.

BY MR. MOTA:

Q. I'm sorry. Did I interrupt you? Okay. Do you remember anything about the color of these packages?

A. Yes sir. They were black.

Q. Do you recall how many of the packages would have been placed on your boat and Julio's boat?

A. In Julio's boat they pulled approximately 14, 15 packs or bails. The interpreter corrects. The word, it would be more perfect word to call them bails.

Q. And on your boat?

A. And in my boat approximately 20 and 18 bails.

Q. Sir, in your years of working with boats, have you ever had occasion to carry items or cargo?

A. Only on the occasions that we were loading that type of shipment for the first
time.

 

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Q. Okay. But I'm speaking of other kinds of shipments, have you put other kinds of cargo, different kinds on boats before?

A. Only fish and people.

Q. Is it important to know the approximate weights for when you're piloting a boat?

A. Yes, sir.

Q. Why?

A. Because any vessel has a limit.

Q. Did you personally hold any of the bails you described coming from the larger ship?

A. When they were throwing them into the boat, one of the bails broke, and we tried to collect all the parts that were inside that bail. And I think that each bail weighted about 120 pounds. It was very heavy.

Q. When the one bail broke did you see what was inside?

A. Yes, sir. There were little squares about this size, like bricks.

Q. And in the particular bail that broke to you recall approximately how many bricks would have been inside the bail?

A. About 16 of those squares.

Q. That's an estimate?

A. That is an estimate.

Q. What did you think when you saw the bricks or squares

 

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from inside one of the bails?

A. At that time, nothing.

Q. Had you been fishing up to that point?

A. At that time I had been fishing.

Q. Had anyone else been fishing?

A. Before we meet, yes.

Q. Would you tell us when you returned to the coast?

A. We left that point at 4 p.m., arriving at the coast between 10 and 11 p.m. because the boats were very heavy with loads we have. The Engineer ordered me  that we needed to be back coast by that night, and I told him that it was not possible because we had a very heavy boat and that was the case. And as we were arriving, Mr. Otto Herrera got in touch and --

MR. MOORE: Objection.

MR. MOTA: He is just speaking about what Otto Herrera did in his presence,  Judge. That is all.

THE COURT: You wish to have a side bar?

MR. MOTA: Yes, I do, Your Honor.

THE COURT: Okay.

(Side-bar conference:)

MR. MOORE: The reason I object is that point is Ms. Quint does speak  Spanish indicating that he was about to link that Herrera -- the reason I objected is because

Ms. Quint speaks Spanish, told me that what he was

 

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saying was that Herrera communicated at that point with Martinez -- I guess they were late in getting back. He is saying that he radioed Martinez.

THE COURT: We --

MR. MOTA: We'll move on. WE don't have to go into that at this time.

THE COURT: Okay. So you withdraw the question?

MR. MOTA: Yes, sir.

THE COURT: Okay.

(End of Side-bar conference:)

MR. MOTA: I'll withdraw the previous question, Judge and rephrase.

THE COURT: The jury will disregard the partial answer.

BY MR. MOTA:

Q. Mr. Arias-Martinez, when you returned to land from this particular trip, were you still carrying the fuel and oil and food that you had loaded on the two boats?

A. Everything had been used, sir.

Q. And then would you tell us in your own words what happened as you arrived on land?

A. Yes sir. When we arrived in the morning, this property called Cuatro Vientos,  Mr. Eliu Martinez had already the trailer in order to bring the boat into the boathouse.

Then they tried to pull out the boat with one

 

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vehicle, but one vehicle was not enough. They had to bring two vehicles in order to pull it out of the water.

Q. And are you talking about -- when you say the boat, which boat are you talking about?

A. The Pamela, I was in, Pamela I.

Q. And after the Pamela I was taken out of the water, what happened?

A. Then came Pamela II. They did the same thing. They broker down the trailer, they put the boat, and they took it out of the water.

Q. Could you briefly describe this specific area where the boats were taken out of the water.

A. Yes, sir. It is the property located at kilometer 73 in Costa del Sol, in the Department of La Paz.

Q. And could you describe the bank or edge of the water where the boats were taken out?

A. It has a ramp or a slip. It has a dock, a wall. IT has a boathouse, and it has a storage area on the west side, and many trees, and is a very isolated area. It is located in a very isolated area.

Q. Mr. Arias-Martinez, I want to show you now on the screen in front of you, been marked for identification as Government's Exhibit Number 33, and ask you whether you recognize that?

A. It's a pier or the dock of Cuatro Vientos, sir.

 

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Q. Is that the same location that you've been describing just a minute ago?

A. Yes, sir.

Q. That's a fair and accurate picture of that location as it appeared back during the time you were speaking of?
A. Yes, sir.

Q. Now, sir. I want to show you also then what's been marked for identification as Government's Exhibit Number 35 and ask you whether you recognize that?

A. That is a ramp at Cuatro Vientos, sir.

Q. Is that the same location you've been talking about?

A. Yes, sir.

Q. That a fair and accurate picture of the ramp?

A. Yes, sir.

Q. Sir are you pictured personally in Government Exhibit Number 35?

A. Yes, sir.

Q. Thank you.

THE COURT: Would you pick a time sometime in the next three or four minutes to stop.

MR. MOTA: We can do that now.

THE COURT: This would be convenient?

MR. MOTA: Yes, sir.

THE COURT: All right. We are going to take a 15-minute recess. I think to keep this simple, why don't we

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ask the witness to step down now, and you are cautioned, sir, over the recess not to discuss your testimony with any other witness in this case. You understand?

THE WITNESS: Yes sir.

THE COURT: Okay. Thank you. Okay. Fifteen minutes. Please don't talk about this case.

(Recess from 11:01 a.m. to 11:17 a.m.)

THE INTERPRETER: Your Honor, the interpreter requests permission to clarify a term.

THE COURT: Sure.

THE INTERPRETER: The Spanish word is barco, b-a-r-c-o -- is on --

THE COURT: Wait a minute. I'm sorry.

THE INTERPRETER: The Spanish word barco, b-a-r-c-o, is in some countries a generic term for boat. We are finding that in El Salvador barco refers specifically to a ship, a large boat, and we want o make sure that's clear ion the record.

THE COURT: Okay. Thank you.

BY MR. MOTA:

Q. Mr. Arias-Martinez, after the Pamela I and Pamela II were brought ashore, would you tell us in your own words what happened?

A. Pamela Number I was put inside the boathouse, and the other one remained outside, and it was covered with a tarp.
 

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