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<font size=3 color="#FF0000"><b><i>Gerardo is not surprised by the
ruling. "This is the same system<br>
that has unjustly incarcerated Mumia for more than 20 years along
with<br>
Leonard Peltier and the Puerto Rican political prisoners," he
said<br>
today. "We will endure as many years as necessary, 30, 40,
whatever<br>
it takes. As long as one of you is resisting, we will also resist
until<br>
there is justice."<br><br>
<br>
</i></b></font><font size=3>TheNNOC-owner@yahoogroups.com<br><br>
RESPONSE TO THE ATLANTA APPEALS COURT RULING BY THE INTERNATIONAL<br>
COMMITTEE FOR THE FREEDOM OF THE CUBAN FIVE<br><br>
On Wednesday June 4th, the 11th U.S. Circuit Court of Appeals
announced<br>
its ruling in the appeal case for the Cuban Five.<br><br>
In the 99-page opinion, the three-judge panel unanimously upheld the<br>
convictions against the Five Cuban Patriots. The court also upheld
the<br>
sentences given to René González (15 years) and Gerardo<br>
Hernández (two life sentences plus 15 years).<br><br>
The court's ruling on Gerardo's sentence, however, was not<br>
unanimous: 2 to 1. On page 16 of the written opinion, Judge Phyllis<br>
Kravitch states that the government did not present sufficient
evidence<br>
to convict Gerardo of conspiracy to commit murder.<br><br>
The sentences of Ramón Labañino (life plus 18 years); Fernando<br>
González (19 years) and Antonio Guerrero (life plus 10 years) were<br>
returned to Judge Joan Lenard's Florida court for re-sentencing.<br>
Lenard will need to call for a hearing to issue the new ruling —<br>
this is the same judge who imposed the excessive and unjust sentences
in<br>
2001.<br><br>
The Atlanta Appeals Court's written opinion, which employs startling<br>
political rhetoric, states that the defense's arguments lacked merit<br>
and clearly favors the government.<br><br>
The court's ruling exposes various contradictions between the<br>
opinions of two of the justices and the author of the opinion, Judge<br>
William H. Pryor, an ultraconservative appointed to the bench with
the<br>
help of Republican John McCain despite opposition from the
Senate.<br><br>
The defense attorneys, Weinglass, MacKenna and Horowitz, ensured
they<br>
will continue the legal battle that began in December 2001 when they<br>
were unjustly sentences. There are still some legal avenues
open.<br><br>
Given the United States' governments' legal ploys to expand the<br>
sentences of our Five Brothers, we are not surprised by the judicial<br>
ruling. On the contrary, it reaffirms our need to continue fighting<br>
tirelessly to denounce this colossal injustice.<br><br>
Exposed once again is the contempt of the United States government,<br>
which yesterday, in another U.S. city, defended the criminal Luis
Posada<br>
Carriles. A man who, rather than fittingly declaring him a
terrorist<br>
for his crimes against humanity and extraditing him to Venezuela
where<br>
the government has declared Carriles a fugitive and repeatedly
demanded<br>
his extradition, the U.S. government has granted him full
liberty.<br><br>
Gerardo is not surprised by the ruling. "This is the same
system<br>
that has unjustly incarcerated Mumia for more than 20 years along
with<br>
Leonard Peltier and the Puerto Rican political prisoners," he
said<br>
today. "We will endure as many years as necessary, 30, 40,
whatever<br>
it takes. As long as one of you is resisting, we will also resist
until<br>
there is justice."<br><br>
Gerardo has asked that we communicate his confidence to all of you,<br>
"For anyone who asks, tell them I am fine, strong and always
looking<br>
forward."<br><br>
Along with all of our friends around the world we call for
mobilizations<br>
beginning on the morning of June 6, in front of all headquarters of
the<br>
terrorist U.S. government —in Europe, Latin America and the U.S.<br>
— which holds our Five Brothers imprisoned.<br><br>
Only solidarity, constant condemnation and international
mobilization<br>
will secure freedom for the Five.<br><br>
International Committee for the Freedom of the Cuban Five<br>
June 5, 2008<br><br>
<br>
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San Francisco, CA 94110<br><br>
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