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Cablegate: Canadian Investigation of Brad Will Case

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RR RUEHCD RUEHGD RUEHHO RUEHMC RUEHNG RUEHNL RUEHRD RUEHRS RUEHTM
DE RUEHME #2463/01 2312110
ZNR UUUUU ZZH
R 192110Z AUG 09
FM AMEMBASSY MEXICO
TO RUEHC/SECSTATE WASHDC 7970
INFO RUEHXC/ALL US CONSULATES IN MEXICO COLLECTIVE
RHMFIUU/DEPT OF JUSTICE WASHINGTON DC
RUEHC/DEPT OF LABOR WASHINGTON DC
RUEATRS/DEPT OF TREASURY WASHINGTON DC
RUCPDOC/DEPT OF COMMERCE WASHINGTON DC
RHMFISS/CDR USSOUTHCOM MIAMI FL
RHMFIUU/HQ USNORTHCOM
RUEAHLA/DEPT OF HOMELAND SECURITY
RUEABND/DEA HQS WASHINGTON DC
RHEHAAA/NSC WASHINGTON DC

UNCLAS SECTION 01 OF 02 MEXICO 002463

SENSITIVE
SIPDIS

E.O. 12958: N/A
TAGS: PREL PGOV PINR MX
SUBJECT: CANADIAN INVESTIGATION OF BRAD WILL CASE
BUTTRESSES PGR CRIME THEORY

1. (SBU) Summary: Three Canadian investigators, one
forensic pathologist and two retired Royal Canadian Mounted
Police Sergeants, traveled to Mexico from July 7-20, 2009 to
review the circumstances surrounding the homicide of Bradley
Will and the subsequent PGR investigation. The investigation
focused on the forensic work carried out by PGR,s Bureau of
Expert Services. The team of Canadian investigators visited
the crime scene and analyzed photographs, video, diagrams,
autopsy reports, witness statements, and the bullets that
killed Mr. Will. They also reviewed the final reports from
PGR, Physicians for Human Rights (PHR), and CNDH. The team
found that the physical evidence points to a scenario in
which two shots fired at relatively close range were
responsible for Will's death. End Summary.

2. (SBU) The team described the initial investigation
conducted by the State of Oaxaca Attorney General's Office as
flawed. State investigators did not control the crime scene,
likely lost valuable evidence, and failed to interview key
eyewitnesses. While lamenting the loss of such significant
information, the Canadian team also recognized that the city
of Oaxaca was under siege at the time and that access to the
crime scene may have been impossible. The team also
described the autopsy as flawed and conducted in a manner
"likely to damage rather than preserve evidence." In
contrast, the team described the investigation conducted by
PGR,s Expert Services Office as completed in a "technically
proficient manner with considerable care to accuracy and
completeness."

3. (SBU) The team's report found the following:
Both bullets that struck Mr. Will were fired from the
same gun;
The first bullet that struck Mr. Will did not ricochet
off any other surface. Instead, the Canadian investigators
concluded that the hammer, chisel, and forceps that the
forensic technicians used to remove the bullet from Mr.
Will's spinal column most likely damaged the bullet. This
finding contradicted the PHR report which stated the bullet
had ricocheted off a large red truck present during the
protest;
The investigators believe that the most logical and
best supported explanation for the second shot into Mr.
Will's right side is that it occurred while he was carried
away in a supine position. This scenario makes the most
sense to the investigators, as it accords with video clips
that display Mr. Will's shirt pulled up in a position that
corresponds with the holes associated with his injury;
Inasmuch as the investigators believe that the second
shot occurred as Mr. Will was carried away, they were
inclined to accept the theory that the initial shot was fired
from a relatively close range. In this way, the gunman would
have had time to reach Will to deliver the second shot
seconds later;
The CNDH,s analysis of the audio tape, which
indicated the shots were fired from a greater distance, was
inherently flawed because it failed to take into account the
speed of sound;
Pictures show Mr. Will filming with his left shoulder
forward. This fact, combined with the angle of the entry
wounds, indicate that the individual who fired the first shot
was most likely standing in front of Mr. Will and to his
right. The team also observed that a man wearing a black
bandanna as a mask looked at Mr. Will and then nodded to
someone to the right of Mr. Will immediately before he was
shot. This man has never been found;
Calculations that take into account the camera angle,
as well as the dimensions of the street and fixed physical
objects, indicate that the maximum distance the shooter could
have been standing from Mr. Will is 12.2 meters (or
approximately 40 feet). Since there was no gun shot residue,
the shooter also must have been at least .7 meters
(approximately 2.2 feet) away from Mr. Will;
Municipal Police Officers indicated in several
depositions that they were in the area where Mr. Will was
killed responding to complaints of a gunfight between
residents and members of APPO. The police officers stated
that they heard sounds of gunfire and fired their guns in the
air in an effort to disperse the crowd. No individuals
identifiable as police were observed on video clips taken
near the time of Mr. Will's death within the range specified

MEXICO 00002463 002 OF 002


above. The bullets that killed Mr. Will did not come from
any of the municipal police weapons turned over by the State
of Oaxaca Attorney General's Office;
APPO members, their supporters, and some journalists
were observed within the ranges specified above. Of 10
journalists present at the scene when Will was shot and
killed, five say that APPO had told them to stop filming.
APPO members ordered the journalists to cease filming as they
were discharging their weapons and throwing stones. Three
independent witnesses overheard APPO members telling
journalists to stop filming; one witness claimed he was
threatened by APPO that he would be in danger if he spoke to
police about what he had observed;
Based on its observations, the Canadian RMCP veterans
concluded that APPO members had 1) a motive for killing Mr.
Will in view of the fact that he was filming events (APPO
members shooting guns, throwing Molotov cocktails and rocks)
that they did not want recorded; 2) opportunity in that the
shots were fired from a close range within which APPO members
were located; and 3) means in that at least two individuals
apparently associated with APPO were firing handguns close to
Mr. Will. The team does not attempt to address the guilt or
innocence of Juan Manuel Martinez, the individual arrested
under suspicion for Mr. Will's death.

4. (SBU) Comment: The Canadian team's findings buttress
PGR's contention that its own forensics point to APPO
demonstrators. However, they do not identify any particular
individual perpetrator, or clinch the government's case
against Martinez. Martinez remains incarcerated in Oaxaca
pending the outcome of proceedings against him by a state
judge, and enjoys the continued support of the human rights
community, which believes he is being framed by the GOM. End
Comment.

Visit Mexico City's Classified Web Site at
http://www.state.sgov.gov/p/wha/mexicocity and the North American
Partnership Blog at http://www.intelink.gov/communities/state/nap /

FEELEY

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