What is it with Miami and its credulity for government-alleged terror conspiracies?
Miami is the place you want to go if you have a thin terror case and need a conviction, and have no morals about what you to do to human beings with whom you disagree. In other words, Miami is fascism USA.
Miami Herald
The case of five Cubans convicted of spying in 1998 comes up for its third appeals review in Atlanta.
BY ANDRES AMERIKANER
Almost nine years after their arrest, five Cubans convicted of spying on the U.S. government and South Florida exile groups will appeal Monday to judges in Atlanta, arguing that their sentences are excessive and they should be free.
Almost nine years after their arrest, five Cubans convicted of spying on the U.S. government and South Florida exile groups will appeal Monday to judges in Atlanta, arguing that their sentences are excessive and they should be free.
A three-judge panel of the 11th Circuit Court of Appeals will hear the latest appeal -- the third time the case has come before that court. The so-called Cuban Five, who are called heroes on the communist-run island, were convicted in 2001 in Miami and handed sentences ranging from 15 years to life.
Four years later, a three-judge appeals panel in Atlanta concluded the five did not receive a fair trial in Miami. But the full appeals court reversed that ruling last year, noting no Cuban Americans were part of the jury and that some of the defendants' evidence to show bias was flawed. So the original sentences still stand.
Today (Aug 20), defense lawyers will take another stab at seeking lighter sentences.
The defense will be focusing on three main arguments:
• That there was not enough evidence to convict Gerardo Hernandez, one of the five, on charges of murder conspiracy for the Brothers' deaths in the plane shootdown.
• That prosecutors in the original trial, particularly during the closing arguments, made statements that were improper and prejudiced the jury.
• That the sentences handed down to all five men are excessive.
''The case is a festering injustice, which somehow this system cannot digest,'' said defense attorney Leonard Weinglass.
Weinglass represents Antonio Guerrero, who received a life sentence for espionage conspiracy.
''Hopefully this time, we're going to begin the process of getting them out of prison and home,'' Weinglass said.
For more information see:
Gerardo Hernández: espionage conspiracy and murder conspiracy; sentenced to life.
Ramón Labañino: espionage conspiracy; life imprisonment.
René González: functioning as unregistered foreign agent; 15 years.
Fernando González: functioning as unregistered foreign agent; 19 years.
Antonio Guerrero: espionage conspiracy; life imprisonment.
Ramón Labañino: espionage conspiracy; life imprisonment.
René González: functioning as unregistered foreign agent; 15 years.
Fernando González: functioning as unregistered foreign agent; 19 years.
Antonio Guerrero: espionage conspiracy; life imprisonment.
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