<html>
<body>
<font size=3><br><br>
Posted on Wed, Mar. 10, 2004<br>
Miami court hears case of `Cuban Five'<br>
BY ANN W. O'NEILL AND VANESSA BAUZA<br>
South Florida Sun-Sentinel<br><br>
FORT LAUDERDALE, Fla. - (KRT) - Known as the Cuban 5, the<br>
convicted spy ring members are heroes at home and have<br>
gained an international following in human rights and<br>
left-leaning circles. "Free the Five!" say the Web sites,<br>
petitions and full-page newspaper ads.<br><br>
On Wednesday, the spies finally had the collective ear of<br>
the three people who can give them their freedom - a panel<br>
of appeals court judges in Miami.<br><br>
Gerardo Hernandez Nordela, 38, Ramon Labanino Salazar, 40,<br>
Antonio Guerrero Rodriguez, 45, Fernando Gonzalez Llort,<br>
40, and Rene Gonzalez Sehwerert, 47, were convicted in June<br>
2001 following a seven-month federal espionage trial. They<br>
are serving terms from 15 years to life in federal prisons<br>
across the country.<br><br>
As members of what then was known as the Wasp Network, they<br>
were convicted of failing to register as foreign agents and<br>
conspiring to spy on U.S. military installations and the<br>
Cuban exile community in South Florida.<br><br>
Hernandez, the leader, also was convicted of<br>
murder-conspiracy in connection with a 1996 Cuban missile<br>
shoot-down of two Brothers to the Rescue planes that killed<br>
four U.S. civilian fliers in international airspace off the<br>
island.<br><br>
Their supporters have long claimed the five are political<br>
prisoners who were railroaded. In Cuba, they are lauded as<br>
anti-terrorists and the Castro government has organized<br>
massive rallies on their behalf. Even the smallest and most<br>
remote Cuban village has a humble monument commemorating<br>
the "five heroes."<br><br>
Cuba is waiting for justice, said Miguel Alvarez, adviser<br>
to the president of Cuba's National Assembly, Ricardo<br>
Alarcon. The trial was unfair, he added, because "It was a<br>
very politicized hearing meant to please those sectors in<br>
Miami that carry out a radical policy against Cuba."<br><br>
Labanino's wife, Elizabeth Palmeiro, is waiting hopefully<br>
in Cuba. "I'm firmly convinced that when the American<br>
people know what happened to our husbands and companeros<br>
they will support this call for justice," she said.<br><br>
Lawyers arguing on Wednesday before the 11th U.S. Circuit<br>
Court of Appeals panel included Chicago 7 trial veteran<br>
Leonard Weinglass. He claimed anti-Castro sentiment is so<br>
virulent and engrained in Miami it was impossible to<br>
empanel an objective jury. The convictions should be tossed<br>
out, he added, because the trial could easily have been<br>
moved 30 miles to the north, to Fort Lauderdale, where<br>
attitudes about Cuba and Castro are less inflamed.<br><br>
"Here," in Miami, "you have a community made of up half
a<br>
million people who have lost their homes, their businesses<br>
and their livelihood to the government that sent the five<br>
(to the United States)," Weinglass told the judges.<br><br>
Even though the jury included no Cuban-Americans, "half a<br>
dozen jurors, all non-Cuban, said they were afraid to sit<br>
on this jury," Weinglass added. "Why? They were not
afraid<br>
of the defendants. They were afraid of their neighbors.<br>
They were afraid of their co-workers. They were afraid of<br>
the community."<br><br>
In the years before the trial, passions in Miami were<br>
inflamed by two incidents: The Cuban government's<br>
shoot-down of the two Brothers to the Rescue planes and the<br>
international custody battle over Elian Gonzalez.<br><br>
Attorneys noted that less than a year before the trial<br>
began, some 100,000 people took to the streets of Miami to<br>
protest the U.S. government's decision to return Elian to<br>
his father in Cuba.<br><br>
Judge Stanley Birch, leading the panel, honed in on another<br>
Weinglass argument: A year after the Cuban spy trial,<br>
lawyers in the same U.S. Attorney's office cited prejudice<br>
on Cuban issues as grounds to move a civil trial over the<br>
government's raid to seize Elian.<br><br>
The judges also grilled Assistant U.S. Attorney Caroline<br>
Miller on what evidence linked Hernandez to a murder<br>
conspiracy. She pointed to coded messages from Havana to<br>
Hernandez to make sure agents didn't fly with Brothers to<br>
the Rescue during the period when the planes were shot<br>
down.<br><br>
Assistant Federal Public Defender Richard Klugh argued it<br>
would take "an extraordinary leap" for Hernandez to know<br>
Havana's intentions. Klugh also argued that the life<br>
sentences for Hernandez, Guerrero and Labanino were based<br>
on espionage that revealed information already in the<br>
public record. Its impact, he said, was "nothing more than<br>
a flea on a pimple of the United States."<br><br>
For Weinglass, the issue was location, location, location.<br><br>
"Miami is not the villain of this piece," he told
reporters<br>
assembled at a news conference after the hearing. On a<br>
table in front of him were stacks of petitions, with a<br>
total of 50,000 signatures. Behind him was a banner with<br>
the pictures of the five convicted spies.<br><br>
"Miami is Miami. It is a city with its own history, a long<br>
and difficult history. The trial should not have been in<br>
this city. The U.S. government knew that. It selected this<br>
city to exploit its ongoing difficulties."<br><br>
The court's decision isn't expected for months.<br><br>
<br>
</font><font size=3 color="#FF0000">The Freedom Archives<br>
522 Valencia Street<br>
San Francisco, CA 94110<br>
(415) 863-9977<br>
</font><font size=3><a href="http://www.freedomarchives.org/" eudora="autourl">www.freedomarchives.org</a></font></body>
</html>