[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, 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
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