Three sentences overturned
Cuban 5 convictions upheld by appellate court
By
Julie Fry
Published Jun 11, 2008 9:17 PM
A three-judge panel of the 11th Circuit Court of Appeals upheld the verdicts of
guilt against each of the five Cuban heroes on June 4. This was the second
round of appeals for the Five, all of whom have been in prison for almost a
decade for trying to prevent U.S.-backed terrorist organizations in Miami from
engaging in violent attacks on Cuba.
New York protest, June 6.
WW photo: John Catalinotto
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In a 99-page opinion, the court held in its majority decision, written by Judge
William Pryor, that the 1998 trial of the Five in Miami was lawful and fair,
despite the lack of evidence in the prosecution’s case, the numerous
flawed procedural and evidentiary rulings by the trial judge, and the shocking
examples of gross prosecutorial misconduct referenced in the panel’s
decision. One judge, Phyllis Kravitch, issued a dissenting opinion in which she
found that the conviction of Gerardo Hernández for conspiracy to commit
murder should be overturned because the prosecutor’s evidence was
insufficient to prove the charge. But the third judge, Stanley Birch, while
referring to this decision as a “very close case,” nevertheless
voted with Judge Pryor to uphold all of the convictions.
Judge Pryor—who was appointed by the current Bush administration and
failed to win Senate confirmation at first because of his reputation as a
right-wing zealot with little regard for the Constitution—was the only
judge on the panel who did not hear the Five’s original appeal. In his
opinion, Pryor noted several examples of egregious prosecutorial misconduct in
the presence of the jury during the original trial. For example, Pryor admitted
that the prosecutor stated in his closing argument that the Five were
“bent on destroying the United States” and that they were trying to
execute what the prosecutor called “the final solution” against the
anti-Cuba forces in Miami. Pryor determined that these and several other
statements could have had only “minor” effect on the jury and that
there was no cause for a new trial.
Although the convictions were upheld, the sentences of Ramón
Labañino, Fernando González and Antonio Guerrero were overturned. The
three now face a new sentencing hearing in Miami before the original trial
judge in the case, Judge Joan Lenard. In 1998, Lenard gave each of the Five
extremely long sentences, including life terms for three of them.
The decision is a setback for the Five and their supporters in Cuba, the U.S.
and around the world. After being tried in Miami under a constant barrage of
anti-Cuba hostility from the local media and right-wing organizations, many
international and national organizations have noted that the trial of the Five
was extremely unfair. The executive director of the National Lawyers Guild,
Heidi Boghosian, said in a statement, “Anti-Cuba sentiment has tainted
all possibility of a fair trial for the Five since their original arrest and
confinement, which the U.N. Rapporteur on Torture described as violating the
Convention Against Torture and Cruel, Inhuman or Degrading Treatment or
Punishment.” Boghosian noted: “During the original trial, the Bush
administration paid journalists to write unfavorable stories about Cuba.
Anti-Cuban extremists tried to intimidate the jurors, and even prospective
jurors admitted that they would be afraid to return not-guilty verdicts against
the Five.”
News of the decision caused swift reaction around the world from supporters of
the Five. Demonstrations were held in New York, Miami, Philadelphia,
Washington, D.C., San Francisco, Detroit, Los Angeles and in many other U.S.
cities in the days following the decision. Other demonstrations have since
taken place in many countries in Europe and Latin America.
According to one of the lawyers for the Five, Leonard Weinglass, the next legal
step is to submit a motion to reargue the appeal before the same three-judge
panel. That motion will be submitted later this month. After that, the
attorneys still have the option of requesting that the case be heard by all of
the judges of the 11th Circuit Court of Appeals, or appealing directly to the
Supreme Court of the U.S. The resentencing hearing for Labañino,
González and Guerrero should be scheduled within the next few months.
In the meantime, the movement in support of the Five is growing inside and
outside of the U.S. New York solidarity organizations are planning a conference
in support of the Five at Hostos College in the Bronx on June 14th, and many
activities are being planned around the country for September and October to
acknowledge the 10th anniversary of the arrest of the Five. The millions of
supporters of the Five remained determined to win their freedom.
Articles copyright 1995-2012 Workers World.
Verbatim copying and distribution of this entire article is permitted in any medium without royalty provided this notice is preserved.
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