[Ppnews] Cuban 5 - Collateral Appeal Presented for Gerardo Hernández
Political Prisoner News
ppnews at freedomarchives.org
Mon Jun 14 17:33:31 EDT 2010
Collateral Appeal Presented for Gerardo Hernández
Today, June 14, a collateral appeal (also known
as habeas corpus) was filed in Miami Federal
Court in the name of Hero of the Republic of Cuba
Gerardo Hernandez. This is the last legal
recourse for him within the U.S. system.
Gerardo Hernandez was arrested in September 1998
and sentenced in December 2001 to two life plus
15 years in jail. During the last 12 years
Gerardo has been in maximum security prisons
under a particularly severe regime and has been
forbidden to receive visits from his wife,
Adriana Perez. The U.S. government knows for a
fact that he is absolutely innocent.
An important aspect of this appeal is the
presentation of new evidence. Recently the U.S.
National Committee to Free the Five, the civil
rights organization Partnership for Civil Justice
and the National Lawyers Guild prepared a
well-documented denunciation on payments made by
the U.S. government to reporters who, during the
trial, were systematically slandering our
comrades, instigating a hate campaign against
them and harassing and threatening judges and
jury members. The government payoffs were only
discovered in 2006, five years after the trial was over.
Also included in the appeal will be the
violations committed by the government with the
handling and falsification of evidence and, in
many cases, its concealment to obstruct justice.
Technical aspects in the performance of the defense will also be analyzed.
Regardless of the final results that can be
achieved within the legal order, this process
will allow us to demonstrate stronger legal bases
for the innocence of our comrade, once again
explain the procedural violations, the
government's prevarication throughout the entire
process and how holding the trial in Miami was a denial of justice.
The collateral appeal is only in Gerardos name
because his case was closed by the Supreme Court
denial of review on June 14, 2009, and therefore
he is left with only this extraordinary
procedure. His four comrades still have other
opportunities and resources that will be used by the defense.
We will keep fighting for justice for all of
them. We will continue demanding freedom for
Gerardo, Ramón, Antonio, Fernando and René.
Each day they spend in prison is an affront to
justice. Gerardo himself has said that justice
will only come when rendered by a jury of
millions. Many actions are needed to overcome the
silence so that the American people can learn the
truth and so insist that their government
officials free the Five immediately and unconditionally.
It's time to multiply the denunciations as well
as the solidarity. Lets demonstrate to
Washington that, YES, we can. That for honest
people it is not an empty slogan, but a demand that always will pursue them.
June 14, 2010
522 Valencia Street
San Francisco, CA 94110
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