[NYTr] 2 Gusano Terrorists Who Refused to Testify against Posada Plead Guilty

Sat Nov 17 19:53:16 EST 2007

[Mitat and Alvarez are already serving time on weapons charges from
their earlier conviction. This case deals with obstruction of justice
charges based on their refusal to testify against the bin Laden of
Latin America, Luis Posada Carriles, who roams the streets of Miami
freely. - NY Transfer]

US Dept of "Justice" via PR Newswire - Nov 16, 2007
http://www.prnewswire.com/cgi-bin/stories.pl?ACCT=104&STORY=/www/story/11-16-2007/0004707668&EDATE=

Two Plead Guilty to Obstruction of Justice in 
U.S. Investigation of Luis Posada Carriles

    WASHINGTON, Nov. 16 /PRNewswire-USNewswire/ -- Two associates of Cuban
exile Luis Posada Carriles have pleaded guilty in the Western District of
Texas to charges of obstruction of justice in connection with the U.S.
government's investigation of Posada Carriles, Michael J. Mullaney, Acting
U.S. Attorney for the Western District of Texas announced today.

    Osvaldo Mitat, age 65, and Santiago Alvarez, age 66, both natives of
Cuba, each entered pleas of guilty today to a one-count superseding
criminal information that charged each defendant with obstruction of
justice. The plea occurred before U.S. District Judge David Briones. Each
defendant faces a maximum sentence of 10 years imprisonment, a fine of
$250,000, three years supervised release and a $100 special assessment.
Sentencing for both has been scheduled for Feb. 1, 2008.

    According to the statement of facts agreed upon by each defendant, on
or about Dec. 18, 2006, a federal grand jury in the Western District of
Texas subpoenaed both Mitat and Alvarez to testify in the course of its
investigation into allegedly false statements made to the government made
by Posada Carriles about his unlawful entry to the United States and other
matters.

    On or about Jan. 11, 2007, each was granted immunity from prosecution
from any self-incriminating statements and each was ordered to testify by
the U.S. District Court in the Western District of Texas. Not withstanding
the grant of immunity and court order compelling their testimony, the
defendants refused to testify before the grand jury about the subject of
its investigation. By doing so, Mitat and Alvarez did unlawfully and
corruptly influence, obstruct and impede, and endeavor to influence,
obstruct, and impede the due administration of justice.

    In September 2006, Mitat pleaded guilty in the Southern District of
Florida to conspiracy to possess prohibited firearms, while Alvarez pleaded
guilty in the same district to a multi-object conspiracy which included
possession of prohibited firearms and false immigration documents. Mitat
was ultimately sentenced to 24 months imprisonment, while Alvarez was
ultimately sentenced to 30 months imprisonment in connection with these
guilty pleas.

    The investigation into this matter is being conducted by the Federal
Bureau of Investigation and U.S. Immigration and Customs Enforcement. The
case is being prosecuted by Michael J. Mullaney, Acting U.S. Attorney for
the Western District of Texas for purposes of this prosecution, as well as
Trial Attorneys John W. Van Lonkhuyzen and Paul Ahern, from the
Counter-Terrorism Section of the Justice Department's National Security
Division.

SOURCE U.S. Department of Justice

                             ***

sent by Jane Franklin

AP via Google - Nov 17, 2007
http://ap.google.com/article/ALeqM5h7aWx0hs8ySLqWtFI3aqariNMO1gD8SV8U5G1

2 Plead Guilty in Cuban Militant Case

By ALICIA A. CALDWELL

EL PASO, Texas (AP) — Two men who refused to testify before a federal
grand jury investigating a Cuban militant pleaded guilty to obstruction
of justice charges, authorities said.

Osvaldo Mitat and Santiago Alvarez, both Cuban exiles, were initially
indicted on criminal contempt charges for refusing to testify before
the grand jury even after being granted immunity. On Friday, they
pleaded guilty to a superseding indictment charging them with
obstruction, the U.S. Department of Justice announced.

Mitat, 65, and Alvarez, 66, each face up to 10 years in prison and a
$250,000 fine when they are sentenced Feb. 1.

Both are already serving prison sentences in unrelated weapons cases.

The grand jury was investigating allegations that anti-Castro activist
Luis Posada Carriles lied in a bid to become a naturalized U.S. citizen.

The case was dismissed earlier this year after a federal judge
concluded that the government used trickery and made several mistakes
in building its case.

Posada, a former CIA operative and U.S. Army officer, was accused of
lying about how he crossed into the United States. He claimed he was
smuggled across the border in Texas, though prosecutors argued he
arrived in Florida via boat.

The indictment alleged that Alvarez, a wealthy developer and Posada
benefactor, and Mitat, Alvarez's employee, helped Posada sneak into the
country.

Federal prosecutors have appealed the dismissal of Posada's charge.

Posada still faces a deportation order, though an immigration judge has
ruled that he cannot be sent to Cuba, where he was born, or Venezuela,
where he is a naturalized citizen.

Governments in both counties want Posada sent to Venezuela, where he
stands accused of plotting the deadly 1976 bombing of a Cuban jetliner.
Posada has denied any wrongdoing. [Lately; in the past he bragged
about his role. -NYTr]