BY GLENN GARVIN
GUATEMALA CITY -- It has chewed up eight judges and prosecutors,
sent at
least half a dozen people into exile, triggered the arrests of
four people and one
dog, generated millions of words of news coverage and sucked
the spirit out of
countless Guatemalans.
Nevertheless, 18 months after the murder of Bishop Juan Gerardi,
the official
investigation into his death seems no closer to a solution.
``I don't think you can put a timetable on an investigation like
this, but I certainly
don't expect to make arrests any time soon,'' said Leopoldo Zeissig,
the latest
prosecutor to take over a case that has become the most notorious
albatross in
Guatemala's decrepit legal system.
RIGHTS ADVOCATE
Gerardi, an advocate of human rights during the civil war that
raged in Guatemala
for nearly four decades between Marxist guerrillas and military-dominated
governments, was murdered April 26, 1998, less than 48 hours
after he issued a
report strongly critical of the country's armed forces.
Someone battered in the bishop's skull as he was getting out of
his car in
downtown Guatemala City.
The murder was widely assumed to be political, an act of retaliation
for the
bishop's report, and a shaken President Alvaro Arzu -- the president
who finally
negotiated the 1996 accord that brought the civil war to an end
-- promised swift
justice in the case.
Instead, the case will almost certainly remain unsolved when Arzu
leaves office in
January because, among other obstacles, officials and witnesses
associated with
the case resign or go into hiding with clocklike regularity.
PROSECUTOR FLED
The latest setback occurred in October when Celvin Galindo, the
special
prosecutor investigating the case, quit and fled to the United
States, citing threats
to his children.
Indeed, proclaiming your life to be in danger over the Gerardi
case seems to have
become somewhat of a national pastime in Guatemala. The U.N.
mission in
Guatemala has granted protection to more than 80 people -- including
judges,
prosecutors, prospective witnesses and journalists -- who claimed
to have
received threats in connection with the investigation.
One of the seemingly few people not to be threatened is prosecutor
Zeissig, who
has been on the job since October. He also spent six months on
the case as an
assistant prosecutor last year.
Zeissig said his main work has been rebuilding the morale of his
seven-member
staff, which was shattered by Galindo's resignation, while systematically
re-examining the two main avenues the investigation has taken
so far:
The priest. Mario Orantes, a priest who lived in Gerardi's residence,
was arrested
last year in connection with the murder. After he was held several
months without
trial, a judge ordered Orantes' release but allowed the investigation
to continue.
Orantes fled Guatemala for Houston last month after Arzu, during
a televised
interview, said the priest was involved in the murder.
The original police theory was that Orantes -- perhaps with the
help of a lover --
murdered the bishop after being surprised in a homosexual act.
The major
evidence: A Spanish pathologist said Gerardi's body showed signs
of a dog
attack, including bite marks that matched the teeth of Orantes'
German shepherd,
Baloo.
Other foreign pathologists, though, disputed the findings about
the dog, and that
theory has largely been discounted. Baloo, taken into police
custody at the same
time as Orantes, died in October -- in the same week that the
priest fled the
country. Since then, other, more compelling evidence, has surfaced.
First, FBI chemical testing found faint traces of bloody footsteps
leading to the
door of Orantes' room. Then, in September, DNA tests conducted
by the FBI in
Washington showed that bloodstains found inside Orantes' room
came from not
only the priest, but two homeless men who lived in the park across
the street.
The DNA tests, coupled with inconsistencies in Orantes' testimony
about the
night of the killing, have kept the priest in the thick of the
investigation. He said
neither he nor his dog heard anything as the bishop was beaten
to death, and he
has never satisfactorily explained why he waited nearly an hour
to report
discovering the body.
The military. Guatemalan human-rights organizations have said
from the first
hours of the investigation they think Gerardi was murdered by
current or retired
army officers, and their belief grows every day. The killer,
they believe, will be
found inside the army's high command, the presidential general
staff (EMP).
``That's where everything points,'' said Frank LaRue, head of
a human-rights law
office that works closely with the Roman Catholic Church.
The human-rights groups make much of the recent testimony of three
new
witnesses who worked at the EMP. One testified that an EMP captain
arrived at
the office much later that night than he had told police, leaving
his whereabouts
unaccounted for around the time of the murder.
A second witness said he overheard several phone calls inside
the EMP office --
which is less than two blocks from the murder scene -- indicating
an unusual
amount of military activity in the neighborhood that night. And
a third testified that
the EMP had Gerardi under surveillance, including phone taps,
for several years.
But the surveillance ended in 1996, the witness added.
Copyright 1999 Miami Herald