Cuban Hero Imprisoned in USA looking for New Trial
One of the Cuban Five Heroes, imprisoned in the United States for opposing terrorism, Gerardo Hernandez Nordelo, may be granted with a collateral appeal, in the way for a new trial, according to one of his lawyers, Leonard Weinglass.
Weinglass is part of the legal team that defends at the Five in the US Courts. He explained that after their condemnation Gerardo was entitled to appeal before the court of appeals of the circuit of Atlanta, that which made and later to look for a revision on the part of the Supreme Court of United states, that which also made.
The new motion was presented on June 14, and they will give the file in the following 30 days, indicating those constitutional violations that had not formed part of the previous appeal, and a real plea of not guilty. Any evidence of real innocence or of serious misconduct on the part of the government could possibly be a base to go again to the court, in spite of having a term of a year of limitation in the current instance. The case is presented in the Court of the Federal District of Miami, the same district where the trial was carried out.
One of the points of the appeal is the one referred to some supposedly independent journalists that were being paid by the so called Radio and TV Marti (Information Services against Cuba paid by the US Gov), without the defense has had knowledge of this. This is a classic case of recently revealed evidence of a constitutional dimension. The trial took place in 2000-2001. Nobody knew that these journalists were being paid in those moments by the government. But in 2006 it was revealed that some of the journalists who reported regularly, were also in the payroll of the federal government in connection with Radio and TV Martí. Keeping in mind that this was not revealed up to 2006, it is an evidence of new revelation.
This is an evidence that the government manipulated the attitude of the community, he has a constitutional dimension, since Gerardo's constitutional law was violated to have a fair trial. And it is also a violation of the due process, said Weinglass. So in documents we are mentioning the revelation of 2006, and the whole excellent work that it was made by the National Committee to sustain these revelations and to request, under the Law of Freedom of Information, other informations that are still slopes of being revealed, to reinforce the petition.
Even more information exists, as the litigations for the procedures of the Law of Freedom of Information, to reveal even more information about these journalists, its agreements with the government, that made, and under the auspices of who.
Weinglass, interviewed by Gloria La Riva, said that the defense lawyers will be looking for other information frozen by the US government, because they consider that it may be manipulated with the purpose of obtaining a condemnation. In May 2005 a subcommittee of the Committee of the UN for Human Rights, the Working Group On Arbitrary Detentions, presented an opinion on the part of five judges about that international norms of a due process were violated, and they requested the US to move the case to another city. Certainly USA didn't respond. Gerardo Hernandez Nordelo is completing two sentences to life imprisonment more 15 years. He is the first person in the history of the USA being accused of the demolition of a plane by the armed forces of another country acting in defense of their air space. This has never happened before. The case of Gerardo, now jailed in a maximum security prison in California, really claims not the intervention of organisms linked to the legal and judicial sphere, and of people in the entire world interested in the human rights and the justice, said Weinglass. He is a very strong and sure person that believes in their own innocence and in their country.
OFFICIAL STATEMENT BY THE LAWYERS OF GERARDO HERNÁNDEZ
Gerardo's lawyer Hernandez presented a revision application questioning his condemnation and his sentence to life imprisonment. Hernández is one of the Five Cubans - a group of Cuban agents arrested in 1998 and processed in the federal court of Miami, Florida, for activities related to its efforts to gather information has more than enough Brothers to the Rescue and other groups that oppose from a violent way to Castro's government.
His trial in 2001 is the only process of law in United States that has been condemned by the Commission of Human Rights of the United Nations. Today's presentation questions all the aspects of the condemnation and Hernández's sentence.
It's based on two main points. In the first place, the most serious position against Hernández - conspiracy to make murder - it lacks any base in fact. The position is related with the incident with two light planes of Brother to the Rescue. The evidence is overwhelming in connection with the fact that Hernández didn't have anything to see with the plane knocked down and that Cuba's intention to stop illegal flights over its territory was consistent with the international law.
Hernandez's condemnation was the result of serious errors on the part of its lawyer as well as of the non revelation on the part of the government of important evidences. In second place, the trial, carried out in Miami, the more hostile to the Cuban Gov. city in the United States, was essentially unjust because the jury was contaminated by the propaganda financed by the US government.
After the trial, it was discovered that United States paid to Miami based journalists so that they wrote hostile reports to Castro's government. Those journalists wrote articles published in Miami reaffirming the guilt of the Five Cubans specifically.
The presentation will be continued by a memo. The government then will respond. The tribunal can carry out a previous audience to its failure. Today's application was presented before the federal court of district of Miami of conformity with the 28 U.S.C. § 2255, well-known generally as habeas corpus application, for the lawyer from Washington, Thomas Goldstein and the lawyer from Miami, Richard Klugh.