[Ppnews] Antonio Guerrero Resentencing Hearing

Political Prisoner News ppnews at freedomarchives.org
Sat Oct 17 10:24:07 EDT 2009

International Committee for the Freedom of the Cuban

Antonio Guerrero Sentenced to 21 Years and 10 Months

Declaration of the US Movement in Solidarity with 
the Cuban Five to the rest of the International 
Movement for the Freedom of the Cuban Five

THE following organizations have issued this 
declaration: The National Committee to Free the 
Cuban Five; the International Committee for the 
Freedom of the Cuban Five; and the organizations 
of the Cuban Immigration in Miami that together 
comprise the Alianza Martiana (Marti Alliance): 
the Antonio Maceo Brigade, the Alianza Martiana 
as an individual organization, the Alliance of 
Workers of the Cuban Community (ATC), the José 
Martí Association, and political parties of the 
United States who are part of the Cuban Five solidarity movement.

With our declaration we reaffirm our unwavering 
commitment to maintain and strengthen our efforts 
to demand the immediate freedom of our five 
brothers: Gerardo Hernández, Ramón Labañino, 
Antonio Guerrero, Fernando González and René 
González, as they are innocent of the charges 
that the U.S. government has convicted them of.

Today, Tuesday, Oct. 13, 2009, in Miami's United 
States Federal District Court for the Southern 
District of Florida, a hearing was held to reduce 
the sentence of one of our five brothers, Antonio 
Guerrero. It is one of three re-sentencing 
hearings ordered by the full panel of the 11th 
Circuit Court of Appeals in September 2008. The 
U.S. Federal District Court has not yet set the 
date or dates of the other two re-sentencing 
hearings of our brothers Ramón Labañino and Fernando González.

In September 2008 the 11th Circuit Court of 
Appeals vacated the trial court's previous life 
sentence imposed on Antonio Guerrero and Ramon 
Labañino, and the 19-year sentence imposed on 
Fernando González in December 2001. The Five were convicted in June 2001.

Today the Court imposed a prison sentence of 21 
years and 10 months on Antonio Guerrero for his 
unjust conviction of conspiracy to commit espionage.
Independently of the court process and the 
decisions that are issued by the court, we 
maintain our steadfast demand for the immediate freedom of the Cuban Five.

The judicial case prosecuted against our five 
brothers has nothing to do with justice. This is, 
and always has been, a political case.

Since the triumph of the Cuban Revolution in 
1959, every administration of the U.S. government 
has maintained a policy of permanent aggression 
against the Cuban people. A fundamental part of 
this policy of aggression has been the use of 
violence against the Cuban people. For decades 
the U.S. administrations have been directly or 
indirectly involved -- through terrorist 
organizations of the Cuban-American extreme right 
wing in the United States -- in countless 
terrorist attacks against the Cuban people, 
causing the deaths of 3,478 Cuban men, women and 
children, and injuring 2,099 Cubans. The peace, 
security and well-being of the Cuban people have been tragically affected.

In the interest of defending its people -- as any 
other responsible government would do -- the 
government of Cuba assigned to the Five the task 
of infiltrating the terrorist organizations of 
the Cuban-American extreme right wing. Everyone 
in this city knows full well that the terrorist 
organizations have carried out campaigns of death 
and terror against the Cuban people for decades. 
Stopping terrorism was the mission of the Cuban Five.

Instead of arresting the terrorists and 
prosecuting them for their crimes, the U.S. 
government, a participant in these nefarious 
campaigns of death and terror, arrested the Five 
11 years ago this past September. Since then it 
has kept them arbitrarily imprisoned.

It is for these reasons that today in Miami we 
reaffirm and make known to our Five brothers, to 
their families and all our sisters and brothers 
in the U.S. and the international movement to 
Free the Five, as well as the Cuban people, our 
unalterable decision to continue and strengthen 
our struggle for their immediate freedom.

Miami, October 13, 2009

The New York Times: Judge Reduces Sentence for One of Cuban Five
By Ian Urbina

A federal judge in Miami approved a lighter 
sentence Tuesday for one of five Cubans convicted 
in 2001 of spying on anti-Castro Cuban exiles.

The case of the men, commonly known as the Cuban 
Five, has strained relations between the United 
States and Cuba for more than a decade.

An appeals court last year threw out sentences 
for three of them, finding the punishment too 
harsh because the government had never proved 
that they had traded in "top secret" intelligence.

In the late 1990s, the men infiltrated 
Cuban-American exile organizations that opposed 
the Castro government, including some of the more 
activist groups like Brothers to the Rescue, 
which regularly made unauthorized flights over Cuba to drop leaflets.

In Cuba, the five are considered political 
prisoners, and the Cuban government has lobbied 
for their release, arguing that they were not 
spying on the United States so much as trying to 
ferret out right-wing anti-Castro terrorists determined to hurt Cuba.

On Tuesday, Judge Joan A. Lenard of Federal 
District Court replaced the life sentence for one 
of the men, Antonio Guerrero, with a sentence of 
262 months, or almost 22 years, which means he 
will be out of prison in about seven years, 
counting time served since his 1998 arrest and 
time off for good behavior. Prosecutors and Mr. 
Guerrero's lawyers had asked for the sentence to be reduced to 240 months.

  "It was odd," said Leonard Weinglass, Mr. 
Guerrero's lawyer. "You have a man who was on a 
military base but who didn't take a single 
classified document and no one testified that he 
injured U.S. national security, but the judge 
still rejects the prosecutors' request to lighten the sentence."

Mr. Guerrero, a United States citizen, was 
convicted of spying for Cuba while working at the 
Naval Air Station in Key West.

In May 2005, the Working Group on Arbitrary 
Detentions of the United Nations Commission on 
Human Rights ruled that the men's trial fell 
below international standards for due process and 
that the United States should either retry or release them.

All five men were arrested in 1998 and convicted 
of acting as unregistered foreign agents and 
conspiracy to commit crimes against the United States.

A sentencing hearing for two of the others has been postponed.

Robert A. Pastor, a professor of international 
relations at American University, said the case 
still raised concerns. "Holding a trial for five 
Cuban intelligence agents in Miami is about as 
fair as a trial for an Israeli intelligence agent 
in Tehran," said Dr. Pastor, who was President 
Jimmy Carter's national security adviser for 
Latin America. "You'd need a lot more than a good 
lawyer to be taken seriously."

New Sentence for Cuban Antiterrorist Jailed in the USA

A US judge today resentenced Antonio Guerrero, 
one of the five Cuban antiterrorist unjustly 
incarcerated in the United States, to 21 years 
plus 10 month in jail, two more years than what 
was agreed by the defense and the prosecution 
teams at the re-sentencing hearing.

Judge Joan Lenard didn't pay heed to the 
suggestion by the government and attorneys about 
a reduction to 20 years of the previous life 
sentence plus 10 years given to Antonio Guerrero, 
Alicia Jrapko, member of the International 
Committee for the Freedom of the Five, told Prensa Latina news agency.

Jrapko, who attended this Tuesday the 
re-sentencing hearing, held in Miami, explained 
that the government acknowledged that the Cuban 
Five case caused diverse reactions all over the 
world, where many voices demand their release.

Guerrero's hearing precedes those of Fernando 
Gonzalez and Ramón Labañino, which were postponed 
after the judge issued an order in response to a request by the defense.

The three antiterrorists were scheduled for 
re-sentencing after the  11th Circuit of 
Atlanta's Court of Appeals overturned the 
previous sentences for having considered them 
wrong and resulting from a murky trial.

Antonio Guerrero, Ramon Labañino and Fernando 
Gonzalez, along  Gerardo Hernandez and René 
Gonzalez, have been serving sentences that range 
from 15 years to double life term,  for reporting 
to their country on terrorist actions planned by 
ultra-right and anti-Cuba groups based in the US 
state of Florida. Those sentences were also 
imposed by Judge Lenard in 2001. (ACN)
International Committee for the Freedom of the Cuban 5

International Committee for the Freedom of the 
Cuban 5 | P.O. Box 22455 | Oakland | CA | 94609

Freedom Archives
522 Valencia Street
San Francisco, CA 94110

415 863-9977

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