[Ppnews] US Government opposes Gerardo Hernandez's motion

Political Prisoner News ppnews at freedomarchives.org
Tue Jul 10 11:02:03 EDT 2012

States Rejects Petition of Anti-terrorist Gerardo Hernandez

Monday, 09 July 2012 15:16

Havana, July 9.- The Attorney General's Office of the US state of 
Florida expressed the Miami court its rejection of the request issued 
by lawyer Martin Garbus, on behalf of Cuban antiterrorist Gerardo 
Hernandez, of an oral hearing and access to additional information 
that allowed a deeper probe into the case of "journalists", who were 
paid to act before and during the trial against the five Cuban 
antiterrorists in order to create what was described in 2005 by the 
Appeals Court as a perfect storms of prejudices and hostility.

In an evidently evasive maneuver, the US government tries to argue 
that the facts presented by the defense do not exist and that it is 
not necessary to look for more information in order to clarify them, 
according to the Antiterroristas.cu) website.alt

The government told Judge Joan Lenard that the denunciation by the 
defense about the behavior of the "journalists", who Lenard herself 
admitted to have threatened and harassed the jury, is but conspiracy 
and generalized speculation.

The Attorney General's Office warned that it could resort to 
"executive privileges" and to the Classified Information Protection 
Law to reject the petition, which is the same as admitting its 
intention to keep hiding and manipulating the proofs.

The government office also rejected the oral hearing requested by 
Gerardo Hernandez.

Gerardo Hernandez, along Rene Gonzalez, Antonio Guerrero, Fernando 
Gonzalez, and Ramon Labanino, were given unfair and extremely long 
sentences on charges that were not proven, after they monitored 
Florida-based ultra-right organizations that have undertaken 
terrorist actions against Cuba over the past five decades. (Taken 
from Radio Habana Cuba)

US Government opposes Gerardo Hernandez's motion

On July 6, 2012, the Florida prosecutor sent to the Miami court his 
opposition to the motion presented by attorney Martin Garbus, 
representing Gerardo Hernandez Nordelo, in which he asked for an oral 
hearing and delivery of additional evidence by the government which 
would permit deepening the issue of the journalists who were paid 
with Federal money and acted before and during the trial of the Five 
for the purpose of creating what the panel of the 11th Circuit Court 
of Appeals in Atlanta described in 2005 as "a perfect storm of 
prejudice and hostility".

In an obviously evasive maneuver, the Government tries to argue that 
the facts presented by the defense are not as they are and therefore 
it is not necessary to seek further information to clarify them. In 
other words, the prosecutor tells Judge Joan Lenard that the claim of 
the defense about the conduct of the "journalists" that she herself 
even admitted at trial managed to intimidate and harass the jury, is 
just a conspiracy theory and widespread speculation.

In its statement, the prosecutor warns that it could resort to 
"executive privilege" and the Law on Classified Information 
Protection Act (CIPA) for not acceding to the request, which is to 
admit their willingness to continue hiding and manipulating evidence.

In a brief final paragraph the Prosecutor also opposes the hearing 
requested by Gerardo.

One wonders what the Government fears. Why not allow the Five and 
particularly Gerardo, who is serving two life terms plus 15 years in 
prison, to have all the information they need to defend against the 
unjust and absurd sentences that were imposed on them.

[Ed. note: the defense is in the process of preparing a reply to the 
government's response]

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