The Corporation
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Various other FBI and CIA memos detail Posada’s extensive counterespionage career. These documents are online at the National Security Archive website in a special section entitled The CIA File on Luis Posada Carriles, Electronic Briefing Book No. 334, by Peter Koenbluh and Erin Maskell.
Posada and Jorge Mas Canosa: CIA Field Report No. UFG-7310. Subject: Plan of the Cuban representation in exile (RECE) to blow up a Cuban or Soviet vessel in Veracruz, Mexico. July 1, 1965.
CIA assessment of Posada: CIA DISPATCH from Chief of Station, JMWAVE to Chief, White House. September 22, 1965. Posada’s initial CIA contact was Grover T. Lythcott, whom he knew as “Walt Albein.”
Posada in Venezuela: CIA INTELLIGENCE INFORMATION REPORT. In 2003, as per request from the U.S. Department of Justice, the CIA released a sixteen-page report on its dealings with Luis Clemente Posada Carriles, including much of his activity in Venezuela. The report’s summary reads in part: “The [CIA]’s first contact with [Posada] was in 1961, in connection with planning for the Bay of Pigs invasion. Posada was a paid asset of the CIA from 1965 to 1967 and again from 1968 to 1974. From 1974 to 1976, CIA had intermittent contact with Posada . . . During that same period, Posada occasionally provided unsolicited threat reporting.”
Posada sees Battle bet $1 million at cockfight: Interview with Luis Posada Carriles.
Novo brothers attempt to assassinate Che Guevara: Homer Bigart, “Bazooka Fired at U.N. as Cuban Speaks,” New York Times, December 12, 1964; Saul Landau, “Guillermo Novo and Me,” Counterpunch, September 19, 2003.
José Elías de la Torriente: FBI Intelligence Report, File No. 4C-82, May 2, 1984. Subject: Guillermo Novo-Sampol. The source that provided information about Battle’s involvement in the murder was evaluated as “highly reliable.”
Zero Group claims credit for Torriente murder: Dick Russell, “Little Havana’s Reign of Terror,” Miami New Times, October 29, 1976.
Palulu and Pedro Battle cocaine rivalry: Shanks manuscript; statements, depositions, and testimony of Charley Hernandez.
Murder of Pedro Battle: Extensive NYPD file on Pedro Battle homicide, including follow-up reports by investigating officer Detective Thomas E. Henry. December 23 and 24, 1974.
5. BRING ME THE HEAD OF PALULU
“They killed Pedro, my little brother”: Interview with Carlos Rodriguez.
At the county morgue: Ibid.
Battle and The Godfather: Interview with Carlos Rodriguez; interview with Joaquin Deleon Jr.; interview with David Shanks. Virtually anyone who ever met Battle commented on his similarities to the fictional Vito Corleone. Those who knew him attested to his fascination with the movies, which eventually included the original and two sequels—but Battle’s preference was always for the original, the only one where the Don is the central character.
Memorial service for Pedro Battle: Statements, depositions, and testimony of Charley Hernandez; testimony of Abraham Rydz, U.S. v. Battle, 2006.
Recollections of Carlos “Charley” Hernandez: The public narrative of Ernesto Torres, José Miguel Battle, Chino Acuna, and others, both criminal and personal, in relation to the Corporation is dependent in large part on the recollections of Charley Hernandez. Eventually, Charley would submit to numerous law enforcement interviews, give statements on the record in sworn affidavits, be deposed twice, submit to a lie detector test (he passed), and testify under oath. The accumulated result of these statements and testimony is a massive public record, especially on matters regarding Ernestico and Battle. The relevant documents are as follows: (A) Interview with Charley Hernandez, Renaissance Restaurant, in the presence of Detective Richard Kalafus, NYPD, December 23, 1976. (B) Interview with Charley Hernandez, Hudson County Prosecutor’s Office, Office of Deputy Chief Charles Rossiter, in the presence of Detective Stephen McCabe, Detective Charles Kehoe, and Detective Raul Cox, December 27 and December 28, 1976. (C) Statement of Charley Hernandez, Metro-Dade Police Department, Dade County Public Safety Department Building, in the presence of Detective Julio Ojeda and Detective Ralph Hernandez, June 16, 1976.(D) Deposition of Charley Hernandez, Florida v. Battle, September 21 and October 19, 1977. (E) Testimony of Charley Hernandez, Florida v. Battle, October 1977.(F) Deposition of Carlos Hernandez, Florida v. Acuna, 19th Precinct Station, Manhattan, September 15, 1984.
“Pedro was your blood”: Statements, depositions, and testimony of Charley Hernandez.
Ernestico and Acuna take on Palulu murder contract: Ibid.
Account of Battle brothers’ gun possession arrest: Extensive Union City PD file on the incident, with interviews of all the participants, lab reports on the weapons, etc.; statement of Patrolman Diego Mella, Hudson County Prosecutor’s Office, April 14, 1975; Grand Jury testimony of Patrolman Robert N. Shelton, Union City Municipal court; testimony of Special Officer Andrew Pisano, Hudson County Court, April 10, 1976; testimony of Sergeant John Messina, Hudson County Courthouse, May 7, 1976.
Herman Bolte background: Agustin C. Torres, “The Chief Who Cracked Down on Castro,” Jersey Journal, February 20, 2010.
Scarafile, Musto, and gambling in Union City: Robert Hanley, “Senator Musto Indicted on Charge of Conspiring to Protect Gambling,” New York Times, November 18, 1977; Agustin C. Torres, “Scarafile, Defendant in Infamous Musto Federal Corruption Trial, Dies,” Jersey Journal, August 27, 2009.
Ernestico and Acuna on killing rampage: Statements, depositions, and testimony of Charley Hernandez; deposition of Detective Richard Kalafus, Florida v. Acuna, September 14, 1982.
Shootout between Ernestico and Palulu in Central Park: NYPD incident and investigation reports, including interviews with witnesses to the shooting.
Palulu in hospital: Deposition of Detective Richard Kalafus, Florida v. Acuna, 1984.
Attempted hit on Ismael “Loco” Alvarez: Statements, depositions, and testimony of Charley Hernandez; Union City PD investigation, arrest, continuation, and property and evidence reports, file #33551.
Idalia Fernandez meets Battle: Depostion and testimony of Idalia Fernandez, Florida v. Battle, 1977.
Car bomb murder of Alvarez: “Murder Witness Killed as Bomb Destroys Car,” Hudson Dispatch, January 28, 1976
Malagamba, Tati, and Monchi: Statements, depositions, and testimony of Charley Hernandez.
6. THE PRODIGAL SON
Dream books: For a cultural history on dream books see Ann Fabian, “Dream Reading: Interpreting Dreams for Fun and Profit,” Lapham’s Quarterly, https://www.laphamsquarterly.org/luck/dream-reading.
la charada: Kathy Glasgow, “Bolita in Havana,” Miami New Times, December 19, 2002; Vanessa Bauza, “Illegal but Beloved Bolita Endures,” South Florida Sun-Sentinal, January 30, 2005; Nick Sortal, “Give Me a Ballerina on a Bicycle,” South Florida Sun-Sentinel, May 27, 2012.
Isleño Dávila and the Corporation: Interview with Michael Dávila, April 18, 2016; interview with George Dávila; interview with Humberto Dávila Jr.
Battle complaining to Ernestico about Isleño: Statement, depositions, and testimony of Charley Hernandez.
Meetings at Colonial restaurant: Proffer of Luis DeVilliers (undated); testimony of Luis DeVilliers, U.S. v. Battle et al., 2006.
Nickname “the Prodigal Son”: Statements, depositions, and testimony of Charley Hernandez.
“Is that how you would treat your own child?”: Interview with Carlos Rodriguez.
Ernestico wants to be a banker: Statements, depositions, and testimony of Charley Hernandez.
Battle proposes Ernestico as banker: Testimony of Abraham Rydz; statements, depositions, and testimony of Charley Hernandez; proffer and testimony of Luis DeVilliers, U.S. v. Battle et al., 2006.
Ernestico as banker: Deposition and testimony of Idalia Fernandez, Florida v. Battle, 1977; Statements, depositions, and testimony of Charley Hernandez.
Battle tries to help Ernestico: Deposition and testimony of Idalia Fernandez, Florida v. Battle, 1977.
“Are you taking baseball bets?”: Ibid.
“It’s true you
are no banker”: Ibid.
Home life of Charley Hernandez: Interview with Kelly Noguerol and Carol Daley, June 10, 2016; statements, depositions, and testimony of Charley Hernandez.
Charley’s attitudes about Castro: Interview with Kelly Noguerol and Carol Daley.
Charley first meets Ernestico: Statements, depositions, and testimony of Charley Hernandez.
Contract to kill El Morro: Ibid.
Phone conversation between Chino and Ernestico: Transcript of phone conversation, entered as evidence, Florida v. Battle, 1977.
Ernestico proposes kidnapping of bankers: Statements, depositions, and testimony of Charley Hernandez.
Extortion of Mallin: Ibid.
Botched kidnapping of Morrero: Statements, depositions, and testimony of Charley Hernandez; police report; testimony of Idalia Fernandez, Florida v. Battle, 1977.
Ernestico with wives of Tati and Monchi: Statements, depositions, and testimony of Charley Hernandez.
“Hey, look, there’s El Gordo”: Ibid.
“Hello, brother, how are you?”: Transcript of phone conversation between Battle and Ernestico (undated).
Bombing of Ernestico’s car: “Cliffside Man Survives Auto’s Grenade Blast,” Union City Reporter, December 17, 1975. Ernestico and Idalia were identified as “Ricardo and Idalia Maldonado.” The article further noted, “The Spanish-speaking couple apparently kept to themselves and did not even have a phone at the apartment”; police reports, Cliffside Park Police Department, from Patrolman Thomas A. Reuther to Chief Filipowicz; deposition and testimony of Idalia Fernandez, Florida v. Battle, 1977.
Shooting of José Morín Rodriguez: Statements, depositions, and testimony of Charley Hernandez; deposition and testimony of Idalia Fernandez. Florida v. Battle, 1977.
“Ernesto, we need to get out of New York”: Deposition and testimony of Idalia Fernandez, Florida v. Battle, 1977.
David Shanks joins police department: Interview with David Shanks, October 19, 2015; Shanks manuscript.
Shooting of officers Hodges, Curlette, and D’Azevedo: Ibid.
7. RASPUTIN IN MEXICO
Rene Avila delivers bail money: In his deposition for Florida v. Battle, 1977, Avila admitted paying bail for Chino Acuna on at least two occasions, though he claimed he did so on behalf of Acuna’s girlfriend, not José Miguel Battle. Further references to Avila paying bail are found in the depositions and testimony of Charley Hernandez, as well as police reports from detectives Kalafus and Shanks.
Avila’s income: In his deposition for Florida v. Battle, 1977, Avila claimed that his income was “around ten thousand dollars” a year. In the article “Grand Jury Report Raises Questions About Editor, Law” by Marilee Loboda Braue, Asbury Park Press, December 14, 1986, his income is listed as “$60,000 a year.”
Avila involvement with Battle organization: Avila’s role in the organization’s nexus of power was a focal point of the Presentment of the Special Hudson County Grand Jury—Panel A, In the Matter of an Investigation into Corrupt Activities and Influence in the Union City Police Department and City Government, February 6, 1986. Also, Braue, “Grand Jury Report Raises Questions About Editor, Law,” Asbury Park Press, December 14, 1986; statements, depositions, and testimony of Charley Hernandez; Det. David Shanks interview with Alejandro Lagos, Investigation into the Illegal Activities of Jose Miguel Battle, et al. (Case No. 331829-J), October 16, 1997.
In the eyes of detectives like Kalafus and Shanks, who worked the Battle investigation over the years, Avila got off easy. Despite the damning conclusions of the Hudson Country Grand Jury report in 1986, Avila escaped indictment until September 2003. In the run-up to the RICO case against Battle and the Corporation, Avila was charged with three counts of felony tax fraud, covering the years 1997 to 1999. He was unable to account for the luxurious properties and automobiles he owned based on the minimal salary he claimed on his tax returns. He wound up pleading guilty to a charge of Attempt to Evade or Defeat Tax and was sentenced to twelve months and one day in prison, with two years of supervised release. USA v. Avila, Case No. 03-672-01, U.S. District Court, District of New Jersey; “A Felony with that Croqueta?” by Isaiah Thompson, Miami New Times, April 10, 2008.
Chi Chi Rodriguez: Presentment of the Special Hudson County Grand Jury—Panel A, In the Matter of an Investigation into Corrupt Activities and Influence in the Union City Police Department and City Government, February 6, 1986.
“If you want a job, call Chi Chi”: Ibid.
Ernestico and Idalia on the run: Deposition and testimony of Idalia Fernandez, Florida v. Battle, 1977; statements, depositions, and testimony of Charley Hernandez.
Planned kidnapping of Isleño: Statements, depositions, and testimony of Charley Hernandez.
Burglary of ex-cop’s home: Ibid.
“This guy has become a big problem for us”: Testimony of Abraham Rydz, U.S. v. Battle et al., 2006; testimony of Luis DeVilliers, U.S. v. Battle et al., 2006.
“Charley, my friend, you’re in a lot of trouble”: Statements, depositions, and testimony of Charley Hernandez.
Chino gives ultimatum to Charley: Ibid.
Charley meets at home of Battle: Ibid.
Presence of Battle Jr. at meeting: Ibid.; Battle Jr. testified for the defense in Florida v. Battle, 1977, and denied that he was present at this meeting.
Manolo Lucier: The kidnapping of Fangio is another of the events that has become part of the lore of the Cuban Revolution. The leader of the kidnappers, Oscar Lucero Moya, was captured by Batista intelligence police, then tortured and murdered. Thomas, Cuba, p. 651.
Charley and Ernestico’s phone conversation: Transcript of phone conversation, entered into evidence, Florida v. Battle, 1977; statements, depositions, and testimony of Charley Hernandez.
Charley meets with Battle and Chino again: Statements, depositions, and testimony of Charley Hernandez.
“Miguelito, what do you think?”: In his testimony, Battle Jr. denied that this conversation took place.
“You know, that Ernestico Torres is going to take you down”: Statements, depositions, and testimony of Charley Hernandez.
Battle said, “I hear you have a nice family”: Ibid.
Box seats at Yankee Stadium, 1976: Interview with Joaquin Deleon Jr.; interview with Jack Blumenfeld.
Upbringing of Battle Jr.: Statements, depositions, and testimony of José Miguel Battle Jr., Florida v. Battle, 1977; deposition and testimony of Battle Jr., Florida v. Battle, 1977; Hudson County Pretrial Intervention Project, Superintendent of New Jersey, File No. 76-1924. Report by Court Liaison Cynthia Land. April 4, 1979.
“They used to have their wives iron their money”: Interview with Joaquin Deleon Jr.
Joking with Lieutenant Mona: Ibid.
Battle Jr. arrested for gun possession: Hudson County Pretrial Intervention Project, Superintendent of New Jersey, File No. 76-1924. Report by Court Liaison Cynthia Land. April 4, 1979.
“Arriving promptly for his appointments”: Ibid.
Idalia observations re: Ernestico and Charley relationship: Deposition and testimony of Idalia Fernandez, Florida v. Battle, 1977.
“My friend, what have you been drinking?”: Statements, depositions, and testimony of Charley Hernandez; deposition and testimony of Idalia Fernandez, Florida v. Battle, 1977.
Battle’s reaction to Charley’s “cockamamie story”: Statements, depositions, and testimony of Charley Hernandez.
Shooting of Ernestico by Gustavo Battle and Monolo Lucier: Deposition and testimony of Idalia Fernandez, Florida v. Battle, 1977.
Battle and Acuna devise plan to kill Ernestico: Statements, depositions, and testimony of Charley Hernandez; testimony of Abraham Rydz, U.S. v. Battle et al, 2006.
Shooting of Idalia Fernandez and murder of Ernestico Torres: Public Safety Department, Dade County, multiple homicide reports, including interviews with people in the area and a schematic of the apartment, case No. 146689-V; Report of the Office of the Medical Examiner, Dade County, Case No. 76-
1459, including autopsy of Ernesto Torres; police interview with Idalia Fernandez, translated by the State of Florida, exhibit 458-00625, Florida v. Battle, 1977; Louise Montgomery, “One Killed, One Hurt in Gunfire,” Miami Herald, June 17, 1976; Deane E. Bostick, “Death of a Hit Man,” Master Detective, June 1976.
In the police reports, the witness who saw three men fleeing the scene provided physical descriptions that were remarkably accurate: the injured man (Gustavo) was described as a Latin male, approximately forty years old, five foot seven or eight, approximately 160 pounds, with brown to graying hair and a distinctive bald spot. The man helping him (José Miguel) was described a Latin male, forty-five to fifty years old, 200 to 250 pounds, five foot ten or eleven, with “a large beer gut.” The driver (Chino Acuna) was described as mulatto, twenty-five to twenty-eight years of age, five foot eight, 150 to 160 pounds, slim, with “black kinky hair.”
“I need you to come over to the place where I’m staying”: Testimony of Oracio Altuve, U.S. v. Battle et al., 2006.
“You won’t have problems with Ernestico Torres no more”: Testimony of Abraham Rydz, U.S. v. Battle et al., 2006.
8. COUNTER REVOLUTION
Palulu on trial for Pedro Battle killing: Shanks manuscript.
Palulu at Dannemora prison: Ibid.
CIA file on Eugenio Rolando Martinez: Glenn Garvin, “Miami’s Watergate Mystery Man at the Heart of Newly Revealed CIA Report,” Miami Herald, August 30, 2016; CIA Official Watergate History—Working Draft. Obtained by Judicial Watch via FOIA. http://www.judicialwatch.org; James Rosen, “Watergate: CIA Withheld Data on Double Agent,” FoxNews.com, August 30, 2016.
Car bombing of Orlando Letelier: Timothy S. Robinson and Stephen J. Lynton, “Evidence Links Letelier Death to Anti-Castro Unit,” Washington Post, February 1, 1977.
“Are you the wife of Orlando Letelier?”: Jeff Stein, “An Army in Exile,” New York Magazine, September 10, 1979.