[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 Gerardo’s 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. Let’s 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

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