[NYTr] Cuban 5: Int'l Jurists in Atlanta for 11th Circuit Court Hearing
All the News That Doesn't Fit
nytr at blythe-systems.com
Mon Aug 20 18:23:31 EDT 2007
[Some real news and the latest PR from the US committee and their
legal stars, which is all about themselves and their receptions
and press conferences (which may begin at 3:00 pm or 4:00 or 5:00
depending on which paragraph you read of their material).
The decision to have international jurists as observers was made so
late that not all who could have attended were able to. As for
Weinglass... well, ask Mumia. Let's just say these guys are not
the late, great lamented Bill Kunstler or Leonard Boudin. While Jose
Pertierra is attending as an observer he is not, alas, part of the
official defense team for any of the Five.
PS - The links sent out by the National (US) Free the Five Committee
don't work at all, so we're leaving them out. Even their main website
appears to be down with a weird "invalid hostname" error -- which MAY
NOT BE THEIR FAULT (although we don't think they should rely soley on
any one provider or any US provider at all for their websites...) And,
we note that the Free the Five Yahoo group has been inactive for
months. Ah, yanqui reliability and consistency.
The Five know that part of their jobs right now is to stand as symbols,
and that job doesn't necessarily jive with their own freedom. They're
not fools and they knew what was at risk when they signed up to help
protect Cuba.
We'll send out info as it comes in and will rely primarily
on the Cuban media as our major source. Since today's hearing is
primarily for presenting additional oral arguments, nothing too major
is likely to be heard from the 11th Circuit for a while, given the
glacial pace of "justice" in the good old USA. -NY Transfer.]
***
Prensa Latina, Havana
http://www.plenglish.com
Cuban 5 Return to Atlanta Court
Havana, Aug 20 (Prensa Latina) The defense team of five Cuban
anti-terrorist fighters unfairly imprisoned in the United States is to
present additional arguments to prove anomalies in the process against
them.
In the third hearing at a panel of judges by the US Court of Appeals
11th Circuit in Atlanta, they will denounce once more the US Attorney
office"s bad performance in the trial against Rene Gonzalez, Antonio
Guerrero, Gerardo Hernandez, Ramon Labanino and Fernando Gonzalez.
The Five, as they are universally known, were detained in Florida in
September 1998 and are currently serving harsh sentences in separate
high-security prisons ranging from 15 years to double life imprisonment.
The defense team will demonstrate what was admitted August 9, 2005 by
three judges from the same court, that the Five are serving excessive
sentences and were tried in a hostile city.
The Five's defenders will show the prosecution's arguments are legally
insufficient to show conspiracy to murder, cite the court's bad
behavior and challenge the sentences, which include double life
imprisonment, even though this is not a case of national security.
sus iff ale crc mf PL-4
***
Chilean Judge at Cuban 5 Hearing
Santiago, Chile, Aug 20 (Prensa Latina) Renowned Chilean jurist Juan Guzman, who has studied the case of five Cuban anti-terrorist fighters unfairly imprisoned in United States, said he has not found evidence of their alleged terrorist activity.
In statements to Prensa Latina Sunday, Guzman stated that, "the Five, Gerardo Hernandez, Ramon Labanino, Antonio Guerrero, Fernando Gonzalez and Rene Gonzalez, were in United States to prevent terrorist actions against their country."
Guzman, a judge who tried Chilean dictator Augusto Pinochet, made those statements shortly before traveling to Atlanta, United States, invited by the American Lawyers Association to monitor a hearing of the case slated for Monday.
The current dean of the Chilean Central University will participate as an international observer along with other figures to denounce any irregularity in the process.
Also attending are former US general attorney Ramsey Clark, former US legislator Cynthia McKinney, German parliamentarian and human rights activist Norman Paech, as well as experts from Belgium, Brazil, Canada, Ecuador, Great Britain and Italy.
sus iff jl mf
***
Agencia Cubana de Noticias (ACN)
http://ainch.ain.cu/mailman/listinfo/ingles
Cuban Five Defense Lawyer Hopeful Before Upcoming Appeal
Havana, Aug 20 (acn) "We hope the judges of the 11th Circuit of the
Court of Appeals of Atlanta, once and for all, put an end to the
sacrifice of five good men and their valuable lives," said Cuban lawyer
Roberto Gonzalez.
Speaking about the August 20 hearing in Atlanta, the renowned Cuban
judge, who is also brother to Rene Gonzalez, one of the Cuban Five,
told Juventud Rebelde newspaper that the appeal process began back on
December 2001, after they were sentenced to harsh terms by Federal
Judge Joan A. Lenard in the Court of Florida, Miami.
He explained that after multiple maneuvers by the US government to
hinder the process, in May 2004 the Court of Appeals of Atlanta learned
the legal reasons for the appeal due to a series of legal violations
committed by the US government and the court during the trial.
Among the violations, Gonzalez mentioned the judge's decision to hold
the trial in Miami, with a jury that was selected from the Cuban
community, widely known for their long-standing anti-Cuban stance. This
constituted a violation of the Sixth Amendment of the US Constitution
that guarantees defendants the right to by judged by an impartial jury.
The Cuban lawyer also spoke about US prosecutors' tactics to inflame
the political sentiments of the jury and the prejudices of the
Miami-based Cuban community against the defendants.
In addition, Gonzalez spoke about the serious lack of evidence to
support the charge of conspiracy to commit first-degree murder that
Gerardo Hernandez was found guilty of.
Likewise, the witnesses called by the prosecution and the defense,
agreed on the fact that Cuba did not handle any information related to
US national defense. In the same way, no evidence was shown proving
these charges. Lawyer Roberto Gonzalez said that on August 20, 2007,
"Once again and for the third time, the Cuban Five's defense lawyers
will state their arguments in front of the 11th circuit of the Court of
Appeals of Atlanta."
***
AP via International Herald Tribune - Aug 20, 2007
http://www.iht.com/articles/ap/2007/08/20/america/NA-GEN-US-Cuban-Five.php
5 convicted Cuban spies make new plea in US court for new trial
The Associated Press
ATLANTA: Defense attorneys representing five men convicted of spying
for Fidel Castro's communist government asked U.S. appeals judges on
Monday for a new trial, saying the so called "Cuban Five" were victims
of a flawed and heavily politicized trial.
Castro's government sent Gerardo Hernandez, Ramon Labanino, Rene
Gonzalez, Antonio Guerrero and Fernando Gonzalez to Florida to gather
information about anti-communist exile groups and send it back to the
island using encrypted software, high-frequency radio transmissions and
coded electronic phone messages.
The "Cuban Five" were convicted of being unregistered foreign agents,
and three were found guilty of espionage conspiracy for failed efforts
to obtain military secrets.
Federal prosecutors dismissed the "parade of horrors" alleged by
defense attorneys and argued the trial was won by hard evidence, not
anti-Castro sentiment.
"Red baiting. Communism. Your Honor, that was not the record of this
case," said prosecutor Caroline Heck Miller.
"It was a soberly tried case," said Miller.
It was the third time the politically charged case came before the 11th
U.S. Circuit Court of Appeals, and a crowd of dozens lined up outside
the Atlanta courthouse more than two hours before the arguments began
to watch the latest chapter of the decade-long saga unfold.
Lawyers for the five men told the court that federal prosecutors made a
range of procedural mistakes, including overemphasizing Castro during
the 2001 trial. The court has already tossed out an argument that
anti-Castro bias robbed the five of a fair jury trial in Miami, which
defense attorneys considered their strongest appeal.
The five were sentenced to terms ranging from 10 years to life in
December 2001, but the case has ping-ponged through the court system
the last six years thanks to a round of appeals. And while they serve
their sentences in separate prisons, they have been lionized as heroes
in Cuba.
In August 2005, a three-judge federal panel in Atlanta tossed the
verdicts, saying the five could not receive a fair trial because of
anti-Castro bias in Miami. But the convictions were reinstated exactly
a year later by the full 11th Circuit.
Monday's arguments offered the five their latest shot at freedom, as
defense lawyers told a three-judge panel that federal prosecutors made
procedural mistakes throughout the 2001 trial, including
overemphasizing Castro.
Among the arguments, the five men's lawyers contend the government
committed misconduct by using "Castro's evil to argue for the
defendants' criminal guilt." A 33-page legal brief details how
prosecutors emphasized Castro by projecting a giant photo of his image
for the jury and placing him at the top of a conspiratorial pyramid.
The government argues its conduct was proper, and noted that most of
what is being alleged as misconduct passed without objection at the
2001 trial.
"This trial was conducted with great care and professionalism, and the
lurid, rabble-rousing atmosphere appellants now describe was not
observed, and not objected to, because it didn't exist," the
government's 53-page brief read.
Although the five men's so-called "Wasp Network" spy ring recovered no
U.S. secrets, federal prosecutors argued for stiff penalties, saying
they were well-trained spies who ran afoul of U.S. law by failing to
inform the government of their presence.
Defense lawyers said they were trying to gather information that might
prevent exile groups from waging more attacks, such as the bombings at
Havana hotels that killed an Italian tourist in 1997.
The men have become celebrities of sorts in Cuba. Their faces smile
down from billboards on major highways, their poetry and humor is
published in books, and even minor developments in their lives are
recorded by Cuba's state media.
As Castro celebrated his 81st birthday last week, messages that the
five hope to "celebrate all those future anniversaries together in our
beautiful fatherland" were published in the Communist party newspaper
Granma.
In the U.S., the Cuban five have prompted their share of supporters and
opponents. The National Committee to Free the Five, based in San
Francisco, has spawned more than 300 chapters worldwide, said Gloria La
Riva, the group's coordinator.
"If the American people only knew of the mission of these men, they'd
call for their freedom immediately," said La Riva. "They fought
terrorism peacefully. They only monitored and reported. And that's
what's so egregious about this case."
Camila Ruiz Gallardo, a spokeswoman for the Cuban-American National
Foundation, a historically militant anti-Castro group that was one of
the spy ring's targets, said she hoped Monday's arguments would be the
final chapter of the case.
"They're grasping at straws. But that's the right people have in this
legal system, and it's great that they have that right. Go ahead — let
them exhaust every legal recourse," she said. "That's fine. In the end,
justice will prevail."
On the Net:
http://www.antiterroristas.cu/
http://www.cubadebate.cu/
***
List of jurists, other attendees at Oral Arguments hearing
for the Cuban Five, Mon., Aug. 20, 2007, 11th Circuit Court of
Appeals, Atlanta, Ga.
1. Dagoberto Rodríguez, Chief, Cuban Interests Section, Washington DC
2. Roberto González, Support to Cuban Five legal team, Cuban attorney,
brother of René González
3. Judge Juan Guzmán, Chilean judge, directed the prosecution of
Augusto Pinochet
4. Ramsey Clark, Former U.S. Attorney General, international human
rights attorney
5. Cynthia McKinney, Former member, U.S. Congress (two terms)
6. Rafael Anglada, Member, Cuban Five defense team; attorney in Puerto
Rico
7. Paolo Lins e Silva, President of the Union Internationale des
Avocats (UIA), attorney in Brazil
8. Dr. Cezar Britto Aragão, President, The Attorney's Order of Brazil;
Dir., Int'l Relations of Brazilian Assoc. of Labor Attorneys; Advisor
to Econ. And Social Development Council for Human Rights
9. Uriel Gómez Ceballos, Ex-magistrate, Bogotá, Colombia
10. Dr. Norman Paech MdB, Expert in International law, member of
Parliament of the Left, Germany
11. Eddy Boutmans, Former member, Belgian Senate (1995-1999); State
secretary for Development cooperation in Belgian fed'l government for
the Green party, author on Belgian law
12. Paul Bekaert, Human rights attorney, President, Bar Association of
Bruges (Flemish Belgium) representing 7,000 attorneys; Board member,
Human Rights League
13. Heidi Boghosian, Executive Director, National Lawyers Guild
14. Eberhard Schultz, International human rights attorney, Basta Ya
network, Germany
15. Edith Flamand, Belgian attorney, Progressive Lawyers Network
16. Fabio Marcelli, Deputy Secretary-General, IADL, attorney in Italy
17. Vanessa Ramos,President, American Association of Jurists, USA
18. Father Geoffrey Bottoms, Coordinator, British Campaign to Free the
Miami Five; English priest
19. Dwyer, Bernie, Correspondent, Radio Habana Cuba
20. Sloan, William, President, Canada Association of American Jurists;
Quebec attorney
21. Tecla M. Faranda, International Association of Democratic Lawyers,
Italy; attorney in Milan
22. Gloria La Riva, Coordinator, National Committee to Free the Five,
USA
23. Victor Chirinos, Venezuela, member, Latin American Parliament
24. Andrés Gómez, National Coordinator, Antonio Maceo Brigade, Miami
25. Alicia Jrapko, Co-coordinator, International Committee to Free the
Cuban Five
26. José Pertierra, Attorney for Venezuela in Posada extradition matter
27. Jeanne Mirer, Continental President, International Association of
Democratic Lawyers
28. Judge Claudia Morcom, Wayne County Circuit Court Judge (Michigan),
retired, civil rights activist
29. Martín Sánchez Parodi, Washington attorney
30. Fernanda Batista Loureiro, Journalist for the Brazilian Order of
Attorneys
31. Elizabeth Sanchez, Venezuela, assistant to Victor Chirinos
32. Kathleen Cleaver, Professor, Emory College of Law; author
33. Brian Spears, Civil rights attorney, Atlanta, member of National
Lawyers Guild
34. Gary Flack, Atlanta attorney, Co-host of Cuban 5 reception
35. William Paparian, Criminal defense attorney, former mayor of
Pasadena California
36. Barbara Martin, Attorney, Public Defenders Office, Los Angeles
37. Enrique Arévalo, Immigration attorney, Los Angeles
38. Sobukwe Shukura, Co-coordinator, National Network on Cuba
39. Cheryl La Bash, Michigan Committee to Free the Cuban Five
40. Jacinto Valdez, President, Alliance of Workers of the Cuban
Community, Miami
41. Damian Díaz, President, José Martí Association, Miami
42. Reinero Mesa, Member, José Martí Association, Miami
43. Ramón Coll, Treasurer, La Alianza Martiana (Marti Alliance), Miami
44. Morales, Harold, President, La Alianza Martiana (Martí Alliance),
Miami
45. Tony Llanso, Member, Antonio Maceo Brigade, Miami
46. Rosa Peñate, Member, National Committee to Free the Cuban Five
47. Christopher Banks, Member, National Committee to Free the Cuban Five
48. Silvio Rodrigues, Member, National Committee to Free the Cuban Five
49. Geertrui Lagrain, Belgium
50. Azize Tank, Germany
***
National Committee to Free the Cuban Five - Aug 20, 2007
http://www.freethefive.org
[NOTE: not reachable on Aug 20, of all days, but this may be a good
sign of the US being freaked out, and not entirely a sign of the
Committee's incompetence]
Jurists travel from afar to attend Cuban 5 court hearing
Atlanta reception features attorney Leonard Weinglass
Judges, attorneys and representatives of the legal community traveled
from Latin America, Europe and North America to attend an unprecedented
3rd oral arguments hearing in the appeals of the Cuban Five.
Juan Guzman, Chilean judge who led the prosecution of Chilean dictator
Augusto Pinochet will speak at the press conference immediately after
the 3:00 pm press conference, along with Ramsey Clark and other
important legal figures.
Today, Monday, Aug. 20, the 11th Circuit Court of Appeals courtroom
will be filled to overflow, with supporters as well as many members of
the press.
Press Conference After the Oral Arguments Hearing
Monday, August 20, approximately 4:30-5:00 pm start
Atlanta-Fulton Main Public Library, 1 Margaret Mitchell Place
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