V. DOJ INFORMATION ON REPRISALS FOR ZONA ROSA MURDERS

This Section answers SSCI's Question Eight, which states:

What specific action and or information does DOJ now have or did it provide regarding any reprisal for the Zona Rosa terrorist act?

DOJ had no information or documents concerning any alleged United States military reprisal or Salvadoran military reprisal for the Zona Rosa killings.

___________________

Michael R. Bromwich

September 19, 1996

 

 


 

CHRONOLOGY OF DOJ ACTIONS AND
SIGNIFICANT EVENTS IN THE ZONA ROSA INVESTIGATION

 

June 19, 1985 -- Zona Rosa murders.

June 22, 1985 -- PRTC claims responsibility for the attack.

July 19, 1985 -- U.S. government announces $100,000 reward.

July 25, 1985 -- FBI Legat instructed to collect background information on Zona Rosa murders.

July 25, 1985 -- FBI Legat requests FBI laboratory assistance on behalf of Salvadoran investigators.

August 4, 1985 -- Garcia detained by the U.S. Border Patrol, implicates Rivas and Ulises, and identifies Mario as key figure in murders.

August 12, 1985 -- Rivas arrested and admits role as a shooter in attack. Dimas arrested.

August 15, 1985 -- Garcia voluntarily deported to El Salvador.

August 20, 1985 -- Rivas signs statement admitting role in attack.

August 24, 1985 -- CIA polygraphs Rivas.

August 30, 1985 -- Rivas, Dimas, and Garcia make statements at press conference regarding their roles in attack.

January 17, 1986 -- Pedro Vladimer Rodriguez Guardado arrested at safehouse and identifies Mario and Ulises as retrieving guns two days before attack.

November 12, 1987 -- Salvadoran military court dismisses charges against Rivas, Dimas, and Garcia on grounds of amnesty. Release of prisoners stayed pending appeal.

November 19, 1987 -- DOJ prosecutors and FBI meet to develop investigative plan if perpetrators are released.

December 11, 1987 -- DOJ officials meet with Salvadoran Attorney General and Minister of Justice in Washington to ask for Salvadoran cooperation in potential U.S. prosecution of the suspects.

February 15, 1988 -- Trip to El Salvador by DOJ attorneys to investigate case.

February 22, 1988 -- President Duarte overturns military court decision dismissing case on basis of amnesty.

April 10, 1988 -- Second trip to El Salvador by DOJ attorneys.

April 20-23, 1988 -- Grand jury testimony by witnesses in Washington, D.C.

July 13, 1988 -- Morales arrested by Salvadoran authorities and confesses to being part of group that carried out the Zona Rosa attack.

November 1, 1988 -- FBI Prosecutive Report completed.

November 10, 1988-- DOJ prosecutors obtain sealed criminal complaint and warrant against Rivas.

May 29, 1989 -- Witness [REDACTED] brought to the U.S.

May 28, 1989 -- Pedro Antonio Andrade, head of Mardoqueo Cruz Urban Commando, arrested on charges unrelated to murders and admits he is Mario Gonzales.

May 30, 1989 -- CIA requests FBI to run traces on Andrade.

May 30, 1989 -- CIA OGC informs AUSA of arrest of Mario Gonzales.

June 1, 1989 -- AUSA learns Mario Gonzales has been identified by CIA as responsible for attack.

June 6-8, 1989 -- Andrade interviewed by FBI and Embassy Legal Officer.

June 7, 1989 -- Interagency meeting at DOS, with DOJ and CIA present, regarding prosecution of Andrade.

July 5, 1989 -- SIU administers polygraph to Andrade. Some of his denials of involvement found to be "inconclusive."

July 20, 1989 -- Andrade re-polygraphed on three questions that were inconclusive in first test. His denials of involvement are reported to be truthful.

September 7, 1989 -- U.S. Ambassador tells DOS that amnesty is being reconsidered and President Christiani may be willing to expel Rivas and Garcia to the U.S.

September 11, 1989 -- Embassy cable to DOS states it has concluded Andrade not involved in murders and requests that DOJ decline to extradite or prosecute Andrade.

September 15, 1989 -- Grand jury issues sealed indictment charging Rivas with violations of 18 U.S.C. Sections, 1116 and 1117.

September 27, 1989 -- Meeting between CIA and DOJ prosecutors regarding Andrade's parole request.

September 29, 1989 -- Meeting between DOS and DOJ prosecutors regarding Andrade parole request.

October 5, 1989 -- Interagency meeting between DOS, CIA and DOJ on issue of Andrade parole. Agreement that parole will not be granted absent further interagency meetings.

November and December 1989 -- DOJ Prosecutors review CIA files and remain convinced of Andrade involvement in murders.

December 21, 1989 -- CIA OGC concludes there is substantial intelligence implicating Andrade in the Zona Rosa attack.

December 22, 1989 -- CIA OGC notes DOJ's substantial objection to parole of Andrade and recommends review of propriety of continued CIA dealings with him.

January 3, 1990 -- CIA cable to Station states: "AUSA believes Andrade involved despite polygraph results and any CIA proposal to provide assistance to Andrade would be met with strong resistance."

January 15, 1990 -- Salvadoran Judge authorizes Andrade's release from prison upon completion of his debriefing.

January 23, 1990 -- CIA cable to Station states that CIA review of intelligence information indicates Andrade probable mastermind of Zona Rosa murders.

January 31, 1990 -- CIA OGC notifies DDO that DOJ and CIA OGC have concluded that Andrade was heavily involved in the Zona Rosa murders and advises against debriefing him unless benefits outweigh possible adverse consequences.

March 27, 1990 -- Embassy sends parole request for Andrade to DOS, with copies to CIA and FBI.

March 30, 1990 -- DOS takes request to INS and asks that the matter be "considered to be within the appropriate guidelines established for such cases."

April 3, 1990 -- FBI forwards parole request to WMFO and Mexico City Legat.

April 24, 1990 -- INS grants Andrade parole.

June 19, 1990 -- Statute of limitations runs on United States prosecution of Andrade.

June 28, 1990 -- Andrade enters the United States.

July 10, 1990 -- DOJ prosecutors learn of Andrade's parole.

April 30, 1991 -- Rivas convicted of Zona Rosa murders and sentenced to 25 years. Garcia convicted of subversive association and sentenced to 11 years (later reduced to 7 1/2 years). Dimas convicted of subversive association and sentenced to four years (served nearly seven).

March 5, 1992 -- Convictions of Rivas, Garcia and Dimas affirmed by Salvadoran appeals court.

March 9, 1992 -- Dimas released from prison, having served his sentence.

March 1993 -- Garcia released from prison, having served his sentence.

August 18, 1993 -- Morales acquitted of charges and released from prison.

May 21, 1995 -- "60 Minutes" reports that Gilberto Osorio admitted to participation in the Zona Rosa attack.

June 21, 1995 -- DCI questioned regarding Osorio in closed SSCI hearing.

September 7, 1995 -- Rivas is released under 1995 Salvadoran law providing that minors cannot be sentenced to more than seven years.

October 12, 1995 -- DOJ, CIA, and DOS brief SSCI on Osorio and Andrade in closed hearing.

December 6, 1995 -- Osorio interviewed by FBI and denies any involvement in the murders.

January 1996 -- INS begins collecting information in effort to exclude Andrade from the U.S.

February 22, 1996 -- SSCI sends letter to Attorney General, Secretary of State, Secretary of Defense, and Director of Central Intelligence requesting a government-wide review of the response to the Zona Rosa murders.

March 1996 -- FBI agent travels to El Salvador and reviews evidence on Rivas, Osorio, and Andrade.

May 15, 1996 -- Rivas indictment unsealed.

 


GLOSSARY OF TERMS AND NAMES

 

AUSA, Assistant United States Attorney

ANDRADE, Pedro Antonio, Alias Mario Gonzales, alleged mastermind of Zona Rosa killings. Paroled into U.S. in June 1990 for three years.

BIEHL, Dana, DOJ Criminal Division attorney assigned to Zona Rosa prosecution (November 1987 - present).

BIROS, Mark, AUSA assigned to Zona Rosa prosecution (November 1987 -January 1988).

BOLANOS Rivas, Jose Antonio, Alias Macias, one of the four gunmen in attack, never captured.

CHARGE D'AFFAIRS, Head of U.S. Embassy when an ambassador has not been confirmed.

CIA, Central Intelligence Agency.

COS, Chief of CIA Station.

CAFE DON PEDRO, Cafe where assailants allegedly met before the massacre.

[REDACTED] [REDACTED]

CANDAUX, Mary Jane, Attorney, INS Office of General Counsel.

CHIDESTER, Richard, DOS Legal Officer in El Salvador (March 1989 - June 1991).

CHILI'S, Restaurant where U.S. Marines were killed.

CORREA, Carlos, Attorney, DOJ Office of International Affairs (1987 - 1989).

DCM, Deputy Chief of Mission at U.S. Embassy. Second in command under the Ambassador or Charge d'Affairs.

DCS, Deputy Chief of CIA Station.

DOD, Department of Defense

DOJ, Department of Justice

DOS, Department of State

DEPUE, John Attorney, DOJ Criminal Division.

DIAZ, Nidia, Guerrilla leader captured in 1985.

DICKSON, Bobby J., U.S. Marine killed in attack.

DIETERICK, William "Jeff", Deputy Chief of Mission, U.S. Embassy in El Salvador (August 1989 - June 1992).

DIMAS Aguilar, Jose Abraham, PRTC guerilla who was arrested, charged, and convicted in El Salvador for subversive association.

DIMAS Aguilar, Ismael, Alias Ulises, gunman in Zona Rosa attack. Believed to have been killed in a battle with the Salvadoran military at the Guazapo Volcano.

DURAN, Mario Americo, Alias Commadante Hugo, guerrilla leader captured by the Salvadorans.

FBI, Federal Bureau of Investigation.

FMLN, See Farabundo Marti National Liberation Front.

FARABUNDO MARTI NATIONAL LIBERATION FRONTA, Marxist-Leninist guerrilla organization.

[REDACTED] [REDACTED]

FRANK, Robin, Attorney, DOS Law Enforcement and Intelligence Section of Legal Advisor's Office (March 1987 -March 1990).

GALVIN, General John, Commander of the U.S. Military's Southern Command (1987 - 1989).

GANNON, Joseph, FBI Legat, Mexico City.

GARCIA Melendez, Juan Miguel, Arrested entering U.S. in 1985. Deported to El Salvador and charged and convicted of subversive association.

GENERAL LITIGATION and ADVICE SECTION (GLAAS), Section of DOJ's Criminal Division that handled terrorism matters before the creation of the Terrorism and Violent Crime Section.

GONZALES, Mario, Alias of Pedro Andrade.

HANDWORK, Thomas J., U.S. Marine killed in attack.

HANNON, J. Michael, Jr., AUSA assigned to Zona Rosa prosecution (January - December, 1988).

[REDACTED] [REDACTED]

JOVEL Urquilla, Francisco Alberto, Alias Commander Roca, believed to be the head of the PRTC.

JULIO, Gunman killed at the scene of the attack. Tentatively identified as Jose Roberto SALAZAR Mendoza.

KIEFER, Jim, Immigration Officer, INS Office of International Affairs. Approved Andrade parole.

KWIATOWSKI, Patrick, U.S. Marine killed in attack.

[REDACTED] [REDACTED]

LEGAT, FBI Legal Attache office in a foreign country.

LUJAN, Gladys, Chief, DOS Visa Office in March 1990.

[REDACTED] [REDACTED]

MACIAS, Alias of Jose Antonio Bolanos Rivas.

MARDOQUEO CRUZ, Branch of PRTC believed to be responsible for the attack.

MARROQUIN, Roberto Ernesto Sanchez, Alleged leader of PRTC interviewed by FBI in Houston, Texas.

[REDACTED] [REDACTED]

MARTINEZ, Rogelio, Alias of Jose Manuel Melgar.

MASSFERRER Valladeres, Jose

Anibal PRTC leader, provided information on Mario Gonzales to CIA liaison.

[REDACTED] [REDACTED]

MELGAR, Jose Manuel, Alias Rogelio Martinez, claimed by Andrade to be the mastermind of the Zona Rosa attack.

MORALES, Juan Antonio Lucero, Arrested in 1988, allegedly confessed to providing security in attack. Acquitted by Salvadoran court in 1993.

MOTLEY, Langhorne Anthony, Assistant Secretary of State for American Republic Affairs in June 1985.

MURTAGH, Brian, AUSA assigned to Zona Rosa prosecution (December 1988 -present).

PASSAGE, David, Deputy Charge d'Affairs, U.S. Embassy in El Salvador (June 1984 -June 1986).

PRTC, Partido Revolucionaria de los Trabajadores Centroamericano -- one of the five branches of the Farabundo Marti National Liberation Front (FMLN).

ORELLANA Mena, Axel Orlando, PRTC military commander captured by Salvadorans who gave information on Mario Gonzales.

OSORIO, Gilberto, U.S. citizen involved in guerrilla fighting in El Salvador. "60 Minutes" alleged he admitted involvement in Zona Rosa killings.

[REDACTED] [REDACTED] in Zona Rosa cafe, identified Rivas in a line-up.

PEPE, Alias of guerrilla involved in attack. True name unknown.

RIVAS Bolanos, William Celio, Gunman in attack. Prosecuted in El Salvador and received 25 years, but served only 10. Indicted in U.S.

RODRIGUEZ Guardado, Pedro Vladimir, Arrested by Salvadorans at a house with a large guerrilla arms cache.

RUANO, David Wilber Villalta, Arrested at upholstery shop when Rivas was arrested. Later released.

SALAZAR Mendoza, Jose Roberto, Believed to be true name of Julio, gunman killed at the scene of the attack.

SIU, See Special Investigative Unit.

SPECIAL INVESTIGATIVE UNIT, Salvadoran law enforcement unit trained by U.S. law enforcement agencies.

SURENA, Andre, Attorney, DOS Law Enforcement and Intelligence Section of Legal Advisor's Office.

TERRORISM and VIOLENT CRIME SECTION, Section of DOJ's Criminal Division.

TVCS, See Terrorism and Violent Crime Section.

ULISES, Alias of Ismael Dimas Aguilar.

WALKER, Ambassador William, U.S. Ambassador to El Salvador (August 1988 - March 1992).

WALTER, Allegedly provided security during Zona Rosa attack. True name unknown. Believed to have been killed in a battle with the Salvadoran military at the Guazapo Volcano.

[REDACTED] [REDACTED]

WEBER, Gregory O., U.S. Marine killed in attack.

WMFO, FBI's Washington Metropolitan Field Office.

ZELAYA, Gerardo, Alias for Gilberto Osorio.

ZONA ROSA, "The Pink Zone," restaurant and shopping district in San Salvador.

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