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Miami rally

'Liberate Cuban 5 from U.S. prisons'

Special to Workers World
Miami

Miami has long been the center of anti-Cuba right-wing forces in the United States. But it is now also a city where a growing number of activists are standing up to denounce terrorist groups that threaten Cuba and its supporters with violence.

The Cuban Five were railroaded to prison here. And it is here that, on Sept. 14, the fifth anniversary of the imprisonment of these political prisoners was commemorated.

To hold a public meeting in Miami in defense of Cuba is a feat. Yet over 180 people attended the commemoration, including many from the Cuban progressive community. They came to honor the Cuban Five as heroes and to hear attorney Leonard Weinglass and others discuss the legal and political aspects of the case.

The five Cubans imprisoned in the U.S. are Gerardo Hernández, Ramón Laba ñino, Antonio Guerrero, René González and Fernando González. They undertook a critical mission in southern Florida in the 1990s: to infiltrate and monitor fascist organizations in order to keep them from carrying out terrorist attacks on Cuba.

On Sept. 12, 1998, in an action that can only be described as supporting the terrorists, the FBI arrested the five and indicted them on false charges of conspiracy to commit espionage against the U.S. government and related crimes.

A seven-month trial in the biased venue of Miami led to their conviction on June 8, 2001. After sentencing in December of that year, they were separated and sent to five federal prisons.

The Free Speech Coalition of Greater Miami organized the recent commemoration, supported by Antonio Maceo Brigade, Marti Alliance, Association of Cuban Workers, National Committee to Free the Cuban Five, National Lawyers Guild, Socialist Workers Party and others.

Gerardo Hernández sent a greeting from Lompoc prison in California on behalf of all five. "It has been five difficult years, far away from the homeland and our loved ones. ... It has been five long years of them [the U.S. government] not being able to get their wish that we renounce our principles, or betray the revolution and our people.

"Thanks to you, there is not one minute when we feel alone or discouraged, and thanks to you we are sure that some day we will achieve victory in this battle for truth and justice."

Andrés Gómez of the Antonio Maceo Brigade, which has organized Miami Cubans supportive of the revolution's achievements, explained: "It is in Miami where the federal government has for more than four decades practically suspended the fundamental rights and guarantees of the population, rights that exist in the rest of the country. It is in Miami where that government has financed and organized the ultra-right in order to further develop the permanent policy of aggression that for almost 50 years the U.S. has maintained against the people of Cuba."

Ira Kurzban, well-known immigration attorney in Miami, said, "Why was this trial held in Miami, if not to assure there would be a jury that would convict them without any hesitation. We did a survey in Miami 20 years ago, and only 17 percent of those polled believed that someone associated with Cuba could receive a fair trial."

Gloria La Riva, coordinator of the National Committee to Free the Cuban Five, urged all to get actively involved to "liberate these heroes from prison," and to win entry rights to the U.S. for Olga Sala nueva, wife of René González, and Adriana Pérez, wife of Gerardo Hernán dez. The U.S. has prohibited them from entering to see their husbands.

Salanueva was expelled from the U.S. two years ago. It is widely understood that she was singled out for expulsion because her husband refused to collaborate with the FBI against his co-defendants.

Attorney Magda Montiel, whose firm represented Salanueva in the deportation hearing, ridiculed the government attorney's charge that the couple were bringing up their two-year-old daughter Ivette to be a spy. "When the trial attorney said, 'spy in training,' I thought I heard 'potty training,' it was so outrageous," she said.

Bruce Nestor, president of the National Lawyers Guild, said both Democrats and Republicans have pursued anti-Cuba policies for decades. "Remember that the indictment was brought under the Clinton administration and is being pursued by the Bush administration. And the assault on civil rights by the Patriot Act by Bush did not start with 9/11 but with the Effective Death Penalty act signed by Clinton, which severely curtailed rights of habeas corpus."

The keynote speaker was Leonard Weinglass, one of five appeals attorneys on the case. He represents Antonio Guerrero.

Weinglass gave a comprehensive overview of the case, including the appeals process currently underway. Federal prosecutors have asked for an extension to Sept. 30 to respond to defense appeals briefs before the 11th Circuit Court. Then the defense will answer the government, and oral arguments will then be heard.

"The wheels of justice have ground gearless in the last several years," said Weinglass to the court's granting of only three minutes per defense attorney for their oral arguments.

"When we argued the appeal of the Chicago 8 trial in 1970, we were given two days. And in that case, the defendants faced a maximum of 10 years in prison. ... Now in the year 2003, what used to be a two-day argument becomes three minutes before a three-judge panel with 119 volumes of transcripts."

Weinglass stressed that the case is not about espionage, but the deliberately vague charge of conspiracy. "There is not a claim by the U.S. government that they were spies. Is that a surprise?

"What the government did in this case is what it frequently does in cases that are political. If the government could fashion an argument on the theory in law known as conspiracy, a jury might be willing to convict even without evidence."

That sweeping frame-up charge, along with a hostile anti-Cuba atmosphere in Miami and biased jury, guaranteed a wrongful conviction on all counts. When the jury deliberated over more than 14,000 pages of transcript, they asked not one question of clarification.

He expressed optimism about the strength of the appeals arguments. But Weinglass added that the only way to assure victory is to carry out a political struggle to win public opinion.

The poem, "A Crucial Visit," written by Antonio Guerrero and dedicated to Weinglass, was read by Gómez at the end. For more information, see www.freethefive.org.

Reprinted from the Oct. 2, 2003, issue of Workers World newspaper

This article is copyright under a Creative Commons License.
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