[NYTr] Cuban 5: Int'l Jurists in Atlanta for 11th Circuit Court Hearing

Mon Aug 20 23:56:46 EDT 2007

Dear Joan:

Thanks for keeping an eye out & glad I didn't miss anything crucial.
As for tactice: a) never assume the enemy isn't already
ahead of you, and b) never assume I'm not 8 steps ahead of them.
I do not take on the incompetent US opposition unless there is a 
very good reason. I send messages, to the US and to them. There are
limite.  This was a time to send a message; I do not do anything beyond
limits carefully considered.  I am always amused to find out how 
former firebrands suddenly get cold feet when it comes time to fish
or cut bait.  Guess what. Take your time, no major rush, but if you are
for real, I expect your next reply will make that clear. We are
expendable. We are Amerikans. Fish, or cut bait. This ain't amateur
LA-LA-Walter Lippmannville. We play for keeps.

venceremas, amiga,

Kelly

On Mon, 20 Aug 2007 18:23:31 -0400
NY Transfer News <nyt at viola.tamara-b.org> wrote:

> [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