Initial statements

The morning after the shootings, the officers argued that they acted in self defense, stating that they ordered the activists to surrender, at which time the activists started shooting at them and they returned fire. Initially, the taxi driver said he was under the dashboard of his cab when the shooting started and could not see who shot first,^[10] although he contradicted his statement a few days later in an interview with the San Juan Star, a local newspaper, stating that he ducked under the dashboard of the car after the three men (the two activists and the undercover agent) left the car, and that he saw "10 heavily armed men" approaching. When he emerged from the car, he saw the three men alive and two of them were being beaten by the armed men, who were later identified as policemen.^[9] Then-Governor of Puerto Rico Carlos Romero Barceló (PNP) praised the officers in a televised address by calling them “heroic”, stating that they acted in self-defense and stopped a terrorist attack.^[9]

Two days later, in a follow-up interview by WAPA-TV news reporter Enrique Cruz, the taxi driver stated that when the first shooting occurred, he heard one of his three passengers shout "I'm an agent! Don't shoot me, I'm an agent!" while the others called for help and shouted "I give up! I give up!".^[11] He saw "10 heavily armed men" approaching, later identified as police agents,^[9][11] when the three passengers exited the car, and the taxi driver was ordered at gunpoint to exit the vehicle.^[11] He was extracted by an agent, kicked,^[11] and taken away from the scene.^[9][11] While being escorted, he saw the two activists directly in front of his vehicle being beaten by the armed men.^[9][11]

First investigations

Facing public pressure due to the taxi driver's conflicting statements, Governor Romero Barceló ordered two separate investigations by the P.R. Justice Department in addition to the ongoing standard Police investigation, all of which concluded that the officers' actions were free of any wrongdoing, despite various inconsistencies in their stories.^[9][10] P.R. District Attorney Pedro Colton informed reporters on July 29, four days after the incident, that the P.R. Justice Department's investigation revealed "no massacre, no beatings, and no aggressions, except for the shootings that occurred in Cerro Maravilla".^[11] Opposing political parties, mainly the Popular Democratic Party (PPD), insisted that the investigations were just cover-ups and demanded that a special independent prosecutor be assigned to investigate.^[9] Two special investigations by the U.S. Justice Department's Civil Rights Division and by the U.S. Federal Bureau of Investigation (FBI) were performed on separate occasions between 1978 and 1980, which confirmed the conclusions of the P.R. Justice Department that the officers acted in self-defense.^[7][12]

Second investigations

In the November 1980 general elections, Governor Romero Barceló was re-elected by a margin of 3,503 votes (one of the closest in Puerto Rico history),^[13] though his party lost control of the state legislature to the main opposition party, the PPD. This loss was attributed by The New York Times to the surrounding controversy regarding the investigations at the time.^[7] Other news organizations, such as Time, attributed the loss to Gov. Romero Barcelo's stance on the island's political status.^[13] The Legislature quickly started new inquiries and hearings into the Cerro Maravilla incident. The Senate, then presided by Miguel Hernández Agosto, spearheaded the investigations by naming former Assistant District Attorney Hector Rivera Cruz to investigate.^[7]

The second investigations performed between 1981 and 1984 by the legislature, the U.S. Justice Department, and the local press uncovered a plot to assassinate the activists and a possible, though not conclusive, conspiracy to cover-up these actions. During interviews of the Senate Investigations Committee in 1983, officer Miguel Cartagena Flores, a detective in the Intelligence Division of the Puerto Rico Police Department, testified: “When I arrived at the scene I saw 4 police officers aiming their guns at the two activists who were kneeling before them. I turned my eyes away and heard 5 gunshots."^[14] Cartagena, who was offered immunity for his testimony, added that several hours before the shooting, he and other officers were told by Col. Angel Perez Casillas, commander of the Intelligence Division, that “these terrorists should not come down (from the mountain) alive.”^[14] His testimony was corroborated by officer Carmelo Cruz who, although he did not witness the fatal shooting, confirmed many details provided by Cartagena when also granted immunity.^[14]

Other inquiries obtained similar testimony from witnesses, including the taxi driver who now stated that the activists were “alive and disarmed” when the police removed him from the scene.^[7] The taxi driver stated that there was a short exchange of gunfire, and when he was removed to another place nearby he heard a second volley of gunfire,^[10][12] but was asked by the police and investigators of the PR Justice Department to forget about the second round of shots.^[10] The statement regarding two different volleys of shots was upheld by various people, including ex-officer Jesus Quiñones before a Federal grand jury (he quit the force shortly after the shootings), and three other civilian witnesses in a San Juan Star interview.^[10]

Subsequently, the legislature and local press started questioning the actions of the Puerto Rico Police, the Puerto Rico Justice Department, the U.S. Justice Department, and the FBI actions during the first investigation, alleging corruption within the agencies and a conspiracy to cover-up evidence. Letters were sent by various community and political leaders to then Senate Judiciary Committee chairman Senator Edward M. Kennedy, asking for an inquiry into the conduct of the Federal investigations.^[10] Several letters even accused former US Attorney General Benjamin R. Civiletti of providing aid to Gov. Romero Barceló during the investigations. Two leaders from the opposing parties, the Popular Democratic Party and the Puerto Rican Independence Party, charged that after a December 1979 meeting between the two, the Governor, then considered as a lifelong Republican, began campaigning to deliver the 41 Democratic Party convention votes of the island for President Jimmy Carter's (D) nomination for the presidency (ironically, Carter's opponent for the nomination was Senator Kennedy). Almost 45 days after President Carter won the nomination by only one delegate, the U.S. Justice Department announced that due to lack of evidence it was bringing its investigation of the case to an end.^[10] A Justice Department internal memorandum that was issued the same month of Romero Barceló's and Civiletti's meeting later proved that the investigations were closed even when agents were still investigating important evidence of the case that could potentially incriminate the officers, including “several unexplained contusions” on a victim's face and the fact that one of the police officers recanted his original story, stating that there was in fact “two bursts of firing”.^[12]

These and several other accusations brought public and political pressure to the investigating agencies. This led to internal revisions of evidence and procedures from the first investigations both at the local and federal level, though all organizations still adamantly denied any cover-up. These second investigations led to reassignments, demotions and resignations among top officials within the PR Justice Department, including three different P.R. Secretaries of Justice (equivalent to State Attorney General) accepting and resigning their posts in a span of six months.^[15] On November 29, 1983, three prosecutors were relieved of their duties after a report by the state Senate Investigations Committee found they had failed to properly investigate the Cerro Maravilla shootings, citing 101 specific deficiencies in two investigations.^[14] This was the third state Attorney General to oversee the investigations since the shootings occurred in 1978.

Undercover agent murdered

Alejandro Gonzalez Malavé, the undercover agent who was accompanying the activists, was not indicted for his part in the slayings because he was granted immunity for testifying against other officers, but was removed from the police force due to public pressure. In February 1986, he was acquitted of kidnapping the taxi driver. His lawyer had argued that he was acting under orders and, therefore, it was the government who was actually guilty of kidnapping. This, despite the testimony presented by officer Carmelo Cruz who had testified that it was Gonzalez who recklessly endangered the hostage's life. The prosecution had provided evidence that he threatened the hostage at gunpoint, drove the car, and, when the car approached the mountaintop, refused to free the hostage despite suggestions from the activists. These actions, according to officer Cruz, were contrary to standard police procedures since his primary concern should have been the safety of the hostage.^[7] Nevertheless, the Puerto Rico Police Department did not reinstate Gonzalez as an active police officer, a fact that he publicly expressed resentment over, and subsequently threatened to provide incriminating evidence to the media about other individuals involved in the shootings unless reinstated.^[16]

On the evening of April 29, 1986, just two months after his acquittal, Gonzalez was assassinated in front of his mother's house in Bayamón. He sustained three gunshot wounds and his mother was slightly injured. A few hours later, a group identifying itself as the “Volunteer Organization for the Revolution” called local news agencies claiming responsibility. In their statements they swore to kill, "one by one," all the policemen involved in the deaths in Cerro Maravilla.^[17] The FBI considered it one of the most dangerous terrorist organizations in the United States at the time, given that it was the same organization that claimed responsibility for an attack on a Navy bus in Puerto Rico on December 3, 1979, in which two Navy men were killed and 10 people injured, and the attack on a U.S. National Guard base on January 12, 1981, in which six fighter-jet planes were destroyed.^[17] To this day, no one has been identified as a possible suspect in Gonzalez's murder, and the case remains unsolved.

Public apologies

In 1992, former US Justice Department Civil Rights Division chief Drew S. Days III admitted before the P.R. Senate that the U.S. Justice Department and the FBI acted negligently during the 1978–1980 investigations of the Cerro Maravilla incident, such as rejecting interviews with key witnesses (including the taxi driver),^[12] refusing to offer immunity to certain witnesses, and avoiding various standard investigating tasks. Days stated: "I think that certainly an apology is justified with respect to the way the federal government handled its investigation: the FBI, the Justice Department, and my division... it was not done in the professional way that it should have been done."^[12] FBI Director William S. Sessions had made similar concessions in a written statement in 1990, stating: “In hindsight, the eyewitness should have been interviewed and a civil rights investigation initiated”.^[12]

In 2003, 25 years after the incident, former Gov. Romero Barceló admitted in a public radio interview that it was “an error of judgment” and “a premature declaration” to laud the police officers, since at that time he believed they were telling the truth about their self-defense.^[8] However, he has publicly denied any wrongdoing regarding the alleged cover-up during the first investigations.