Cuban agents to get new trial after convictions overturned

[Judi Lynn]

Cuban agents to get new trial after convictions overturned


By JOHN PAIN
Associated Press Writer
MIAMI -- A federal appeals court threw out the convictions and life sentences of five accused Cuban spies Tuesday, ruling that their trial in Miami wasn't fair and impartial because of community prejudice and extensive publicity.

A three-judge panel of the 11th U.S. Circuit Court of Appeals in Atlanta ordered a new trial after agreeing with the arguments of defense attorneys who were fighting the 2001 convictions. None of the jurors was Cuban, but the defense argued that prejudice against Fidel Castro and his communist government runs high in Miami.

Also overturned was the murder conspiracy conviction of ringleader Gerardo Hernandez. He was also convicted for his role in the deaths of four Cuban exiles shot down by Cuban MiGs in international airspace in 1996, an event that sparked widespread condemnation.
(snip)

All five admit being Cuban agents, but said they were spying on "terrorist" exile groups opposed to Castro, not the U.S. government. The defense said the agents' primary mission was to thwart extremist exiles who supported terrorism in Cuba, including a string of Havana bombings that killed one tourist and injured 12 others in 1997.
(snip)

Cuba has made the five a cause celebre, featuring them on a Web site and issuing a CD of one spy's jailhouse poetry set to music. Free the Five committees in several countries are pushing for their freedom.
(snip/...)

http://www.heraldtribune.com/apps/pbcs.dll/article?AID=/20050809/APN/508090817

On edit:

Adding the website for the five men:

http://www.freethefive.org/

[Judi Lynn]

1. From the Cuban right-wing "exile-"serving Miami Herald:

Posted on Tue, Aug. 09, 2005

Convictions of 5 Cuban spies overturned by appellate court; new trial ordered

BY LUISA YANEZ AND SCOTT HIAASEN
[e-mail]

A federal appellate court has overturned the convictions of five accused Cuban spies Tuesday, ruling they could not get a fair trial in Miami because of extensive pretrial publicity.

The ruling means that the defendants' life sentences are overturned. The 11th Circuit Court of Appeals in Atlanta ordered a new trial after agreeing with defense attorneys who argued that prejudice against Fidel Castro and his communist government in Miami impeded them from getting a fair trial, which resulted in convictions in 2001.

''The entire community is sensitive to and permeated by concerns for the Cuban exile population in Miami,'' the judges said in a 93-page opinion. ``A new trial was mandated by the perfect storm created when the surge of pervasive community sentiment and extensive publicity both before and during the trial merged with the improper prosecutorial references.''
(snip)

''My client is an innocent man today,'' said Miami attorney Paul McKenna, who represented Gerardo Hernandez, one of the five Cuban spies. `` My client has been sitting in jail for seven years and going to pursue getting him bail.''

''The question of future prosecution has to be addressed by the U.S. Attorney's Office,'' McKenna said.
(snip)

''It's unusual decision to reverse and remand a case because the venue is considered prejudicial,'' McKenna said. ``In the last page of the order, they say they know this order will be very unpopular in Miami's exile community.''
(snip/...)

http://www.miami.com/mld/miamiherald/12340364.htm

[David__77]

2. They are patriots to their country.

They were only performing a just duty by infiltrating the Miami terrorist circles who will kill any child whose crime is to live as a normal Cuban citizen, in the Republic of Cuba. Cuba is better off without the fascist mafia, but it's too bad they had to come here.

[Guy Whitey Corngood]

3. kick! n/t

[MisterP]

4. tune to the Radiôgusanô

[Judi Lynn]

5. Don't have access. Are they bouncing off the walls?

I'll bet they are FURIOUS!

[MisterP]

6. I meant it more of a half-awake statement

doubtless the airwaves are flooded with what the U.S. is doing in Haiti, with "Cuba" voiced-over where there's "Haiti" and "Comministas" over "American-backed death squads." "Castro machete! Please to bomb Cuba to bomb Castro! Castro Tonton Macoute in Port-au-Prince!" in that whiney Havana-Mafia voice they like to use.

[Judi Lynn]

7. Sorry, I took it to mean you can pick up the Miami exile stations.

From what Miami DU'ers have said, they provide 24 hour foaming-at-the-mouth, saber-rattling Cuba tirades.

[Judi Lynn]

8. Why didn't we hear about this earlier!

I just found this item in a search. It might explain why we've been hearing vicious administration comments about the U.N. Human Rights Commission this summer from out of thin air! It didn't make any sense whatsoever until I read this!

Cuban 5 : Conclusion of the U.N. Working Group on Arbitrary Detentions (Human Rights Commission)
By Human Rights Commission


Related stories: Cuba solidarity 7-12-05,10:04am

OPINION No. 19/2005 (UNITED STATES OF AMERICA)

Communication: addressed to the Government of the United States of America on 8 April 2004

Concerning: Mr. Antonio Guerrero Rodríguez, Mr. Fernando González Llort, Mr. Gerardo Hernández Nordelo, Mr. Ramón Labañino Salazar and Mr. René González Sehwerert

From the information received, the Working Group observes the following:

(a) Following their arrest, and notwithstanding the fact that the detainees had been informed of their right to remain silent and had their defense provided by the Government, they were kept in solitary confinement for 17 months, during which communication with their attorneys, and access to evidence and thus, possibilities to a adequate defense were weakened,

(b) As the case was classified as one of national security, access by the detainees to the documents that contained evidence was impaired. The Government has not contested the fact that defense lawyers had very limited access to evidence because of this classification, negatively affecting their ability to present counter evidence, This particular application of the legal provisions of the CIPA, as made in this case and as the information available to the Working Group reveals, has also undermined the equal balance between the prosecution and the defense,



(c) The jury for the trial was selected following an examination process in which the defense attorneys had the opportunity and availed themselves of the procedural tools to reject potential jurors, and ensured that no Cuban-Americans served on the jury, Nevertheless, the Government has not denied that even so, the climate of bias and prejudice against the accused in Miami persisted and helped to present the accused as guilty from the beginning. It was not contested by the Government that one year later it admitted that Miami was an unsuitable place for a trial where it proved almost impossible to select an impartial jury in a case linked with Cuba.

The Working Group notes that it arises from the facts and circumstances in which the trial took place and from the nature of the charges and the harsh sentences given to the accused, that the trial did not take place in the climate of objectivity and impartiality which is required in order to conclude on the observance of the standards of a fair trial, as defined in Article 14 of the International Covenant on Civil and Political Rights, to which the United States of America is a party.

This imbalance, taking into account the severe sentences received by the persons under consideration in this case, is incompatible with the standards contained in Article 14 of the International Covenant en Civil and Political Rights that guarantee that each person accused of a crime has the right to exercise, in full equality, all the adequate facilities to prepare his defense.

The Working Group concludes that the three elements that were enunciated above, combined together, are of such gravity that they confer the deprivation of liberty of these five persons an arbitrary character.

In light of the preceding, the Working Group issues the following opinion:

The deprivation of Iiberty of Messrs. Antonio Guerrero Rodriguez, Mr. Fernando González Llort, Mr Gerardo Hernández Nordelo, Mr. Ramón Labañino Salazar and Mr. René González Sehweret is arbitrary, being in contravention of article 14 of the International Covenant on Civil and Political Rights and corresponds to category III of the applicable categories examined in the cases before the Working Group.

Having issued this opinion, the Working Group requests the Government to adopt the necessary steps to remedy the situation, in conformity with the principles stated in the International Covenant on Civil and Political Rights.

Adopted on 27 May 2005

http://www.politicalaffairs.net/article/articleview/1464/1/108/

[Mika]

11. I posted a thread on this in April - no responses

This is great news!

Thanks for posting this Judi Lynn.

These 5 men were defending their homeland against the radical & violent elements of the Miamicuban exile community - the Jose Basulto, Orlando Bosch and Luis Posada supporters and financiers - terrorists that the US government did nothing to stop (in fact the US government assisted these cretins in many ways including funding some of their ops).

The 11th court made the right decision so far.


:party:

[Judi Lynn]

9. The possibility of physical harm to jurors raised.

(many people would assume this part!)

Cuban Spies To Get New Trial After Convictions Overturned
Court Says Trial Was Unfair, Impartial

POSTED: 4:12 pm EDT August 9, 2005

MIAMI -- A federal appeals court threw out the convictions and sentences of five accused Cuban spies Tuesday, ruling that their trial in Miami wasn't fair and impartial because of community prejudice and extensive media coverage.

A three-judge panel of the 11th U.S. Circuit Court of Appeals in Atlanta ordered a new trial after agreeing with the arguments of defense attorneys who were fighting the 2001 convictions on espionage conspiracy and other charges. None of the jurors was Cuban, but the defense argued that prejudice against Fidel Castro and his communist government runs high in Miami.

Also overturned was the murder conspiracy conviction of ringleader Gerardo Hernandez, one of three of the Cubans sentenced to life in prison. He was convicted for his role in the deaths of four Cuban exiles shot down by Cuban MiGs in international airspace in 1996, an event that sparked widespread condemnation.

"The perception that these (exile) groups could harm jurors that rendered a verdict unfavorable to their views was palpable," Circuit Judges Stanley F. Birch Jr., Phyllis A. Kravitch and James L. Oakes wrote in their 93-page ruling.
(snip/...)

http://www.nbc6.net/news/4829645/detail.html

[Judi Lynn]

10. Havana hails US Cuban spy retrial

Last Updated: Wednesday, 10 August 2005, 09:04 GMT 10:04 UK


Havana hails US Cuban spy retrial



The five men had become heroes in Cuba

The Cuban government has welcomed a US appeal court decision to retry five Cubans convicted of spying.
The men were sentenced four years ago to at least 15 years in jail for spying on US military installations and exiles.

However, the court accepted that the original trial was unfair, because the large presence of Cuban exiles in the city had created a biased atmosphere.

Cuba has campaigned intensively for the men's release, calling them heroes.

Last month, a United Nations panel also questioned the impartiality of the verdict and called the sentences unduly harsh.
(snip/...)

http://news.bbc.co.uk/1/hi/world/americas/4137488.stm

[K-W]

12. Very interesting. Thanks. EOM

[Judi Lynn]

13. 'Cuban Five' Ruling Reversed, New Trial Scheduled

'Cuban Five' Ruling Reversed, New Trial Scheduled

09 Aug 2005
More details...
Date Edited
09 Aug 2005 04:56:50 PM



Crowd at SF Civic Center

On August 9, the 11th Circuit Court of Appeals located in southern Florida reversed a trial court ruling against “the Cuban five” and ordered a new trial with a mandated change of venue for the five Cuban agents arrested in 1998 for conspiring to commit espionage. Fernando González, 41; Rene González (no relation to Fernando), 49; Antonio Guerrero, 46; Gerardo Hernández, 39; and Ramon Labañino, 41, were convicted in Miami before a trial judge and jury whose anti-Castro bona fides was so palpable that it poisoned any resemblance to a fair trial. Since then, indignant civic leaders, both here and abroad, have been pushing for a re-trial in a less biased region of the country.

(cont'd)

http://santacruz.indymedia.org/newswire/display/18321/index.php