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THE FIVE: APPEAL HEARING IN MIAMI
Federal Attorney against the wall
March 11,
2004
MIAMI—Assistant
U.S. Attorney Christine Heck-Miller found herself in
an embarrassing position when faced with various
questions by the three judges from the 11th Circuit
Court of Appeals during the hearing of the case of
the five Cubans imprisoned in the United States.
•
MIAMI HEARING FOR THE FIVE
Defense to
insist on a retrial outside of Miami
March 10,
2004
Havana,
March 10 (PL)—A hearing of the case of the five anti-terrorist
Cuban fighters takes place today before the Atlanta
11th Circuit Court of Appeals, in which their
defense lawyers will insist on the need for a
retrial outside of Miami, Florida.
•
Hearing tomorrow
for the Five
March 9,
2004
THE
case of the five anti-terrorist Cubans imprisoned in
the United States enters a critical stage tomorrow
in Miami, with a hearing before three judges from
the Atlanta 11th Circuit Court of Appeal.
•
New infamy against
our five heroes prisoners of the empire
March 5,
2004
IN the afternoon of February 27, the
head of the U.S. Department of State Cuba Bureau
delivered Diplomatic Note 058/2 to the Cuban
Interests Section in Washington. The note states
that, with immediate effect, the Department of State
only will approve consular visits once every three
months to "Cuban nationals" imprisoned in U.S. jails.
•
We will carry on fighting to see our
husbands
January
23,
2004
“We
will go through all the necessary procedures and do
whatever we can to demand our rights,” affirmed Olga
Salanueva, René’s wife, thus revealing that she and
Adriana Pérez, wife of Gerardo Hernández, will
continue to apply for U.S. entry visas in order to
visit their husbands despite the persistent ill will
of the U.S. authorities.
•
Additional
punishment for the Five
January
15,
2004
THE U.S. response to
the visa applications of Olga Salanueva and Adriana
Pérez O’Connor, the wives of René González and
Gerardo Hernández, respectively, marks a new stage
in the escalation of the cruelty and hatred against
Cuba on the part of the U.S. government, affirmed
jurists and analysts on a television Roundtable.
•
Cuba calls for an end to
hostilities against the Five and their families
January
15,
2004
CUBA has demanded that the U.S.
government end the hostilities against the five
Cubans imprisoned in that country since 1998 and
their families and is calling on Washington to
fulfill its international, legal and moral
obligations.
•
Malicious treatment of the Five
and their families denounced
January
8,
2004
WHAT
is being done in the United States to the five
Cubans imprisoned in the United States for combating
terrorism, and to their families is unprecedented.
•
More
arbitrary acts against the Five
Dezember
24,
2003
WE
must redouble our efforts in order to increase and effectively
activate international solidarity with the five young Cubans
sentenced to cruel and unjust prison terms in the United
States for battling against systematic acts of terrorism
against our people," affirmed Ricardo Alarcón in a meeting
with National Assembly deputies.
•
GERARDO HERNANDEZ
Life sentence
even though the District Attorney acknowledges lack
of evidence
October
14, 2003
GERARDO
Hernández, one of the Miami Five, was sentenced to
life imprisonment by virtue of a charge linking him
to the shooting-down of two light aircraft, even
though the District Attorney’s office acknowledged
that there was no evidence whatsoever - to the point
of asking the Appeals Court in Atlanta to drop the
charge.
•
The order to arrest the Five came
from the White House
October
17, 2003
SPEAKING on behalf of President George W. Bush,
Condoleezza Rice, U.S. national security advisor,
has openly admitted that the order to arrest the
Cuban patriots who infiltrated Cuban-American
terrorist groups in Miami was given by the White
House in the framework of a series of measures taken
to appease leaders of the Miami community.
•
Five years of struggle
for justice
September
29, 2003
FIVE years after the detention in the United
States of Fernando González, Ramón Labañino, Antonio Guerrero,
René González and Gerardo Hernández on September 12, 1998, the
case of the five Cuban prisoners of the U.S. empire is
following its protracted course in legal proceedings, while
new voices of solidarity from various parts of the world are
complementing the struggle of the Cuban people for truth and
justice to prevail.
•
Appeal is
issued demanding visas for wives of Cuban militants in U.S.
prisons
July
24, 2003
"We are urgently requesting
your support to help win the right of Olga Salanueva, wife of
René González, and Adriana Pérez, wife of Gerardo
Hernández, to enter the United States for the purpose of
visiting their husbands, who, as you know, ...
•
Five’s
case in violation of international regulations
July
15,
2003
IN
the case of the five Cuban patriots (Gerardo Hernández,
Antonio Guerrero, René González, Ramón Labañino
and Fernando González) their human rights are still
being violated. The men received long and unjust
prison sentences for having acted against Miami
terrorists and in defense of the U.S. people.
•
GERARDO HERNÁNDEZ
Double life
for fighting terrorism
July
7,
2003
On
May 3,the President of the Friends of Cuba Society
in South Africa, Father Michael Lapsley, spent three
and a half hours visiting one of the five Cuban
political prisoners languishing in United States
prisons.
•
ILL-TREATMENT OF THE
FIVE
Weinglass: the order came
from Washington
July
7,
2003
Who gave the
order to isolate the Five in the “holes” of their
respective prisons all of a sudden and a few weeks
prior to the presentation of their appeals – at a
time when they needed to consult with their defense
lawyers more than ever? As U.S. lawyer Leonard
Weinglass revealed in a press conference in
Washington, “the order came from Washington.”
•
Study Finds Thousands of Cases Of
Misconduct by US Prosecutors
July
2,
2003
Associated Press
June 25, 2003
WASHINGTON -- State and local prosecutors stretched,
bent or broke rules so badly in more than 2,000
cases since 1970 that appellate judges dismissed
criminal charges, reversed convictions or reduced
sentences, according to the first national study of
prosecutorial misconduct.
•
Gerardo and René’s relatives
are still being denied visas
May
26,
2003
THE wives of Gerardo
Hernández Nordelo and René González, two Cuban
political prisoners jailed in the United States for
combating terrorism, have still not received visas
for conjugal visits. René’s youngest daughter Ivette
González, just five years old, is likewise being
punished in this context.
•
It
has a name: fascism
May
22,
2003
THERE are really very
few ways to describe the "special"
conditions reserved for the five Cubans who have
been prisoners of the empire since September
1998.
•
Atlanta
Appeals Court rejects report presented by Eric Luna
of the University of Utah
May
16,
2003
THE U.S. 11th Circuit
Court of Appeals in Atlanta, Georgia, hast just
rejected (May 8) a motion of leave to file a report
in favor of the five Cuban patriots presented by
Professor Eric Luna of the University of Utah,
according to the Antiterrorista.cu website on
Thursday.
•
Weinglass
demonstrates that Antonio’s sentence is cruelly
unjust
May
14,
2003
The DA’s Office
has acknowledged that none of the five Cubans imprisoned in
the United States on false espionage charges handled any
information that was classified or linked to the U.S. national
defense.
•
United
States denies visas to the wives of Gerardo and René for the
third time
May
13,
2003
WHILE the United States is
referring to itself as the universal judge and launching its
anti-terrorist crusade, five Cubans are suffering the weight
of grossly unjust sentences in the United States for saving
Cuba from potential terror.
•
Antonio
Guerrero’s appeal lodged at Atlanta Court
May
7,
2003
ONE
month after the appeals of four of the five Cuban
prisoners of the U.S. empire were lodged at the
Atlanta Court, Leonard Weinglass has presented that
of Antonio Guerrero, after requesting more time due
to limited contact with his client.
•
Lawyers
await justice for the Five in Atlanta Court
April
22, 2003
IN Havana, experts
and lawyers expressed their hopes that the Atlanta
Court of Appeals in Georgia would deliver a just
decision in the case of the five Cuban prisoners in
the United States, sentenced to unjust prison terms
by a Miami federal court.
•
Gerardo
will pay for protecting his people from terrorism
with two life sentences and 18 years
April
11, 2003
In this shameful trial the prosecution succeeded in
having the jury be guided by emotions and
prejudices, more than facts and laws, thus
transforming it into an eminently political trial,
in which bits of evidence were manipulated and the
essence of it ignored.
•
A
tremendous man
April
8, 2003
IGNORANCE,
stupidity and hatred were laid bare throughout the
days and weeks of this trial, like some incurable
disease, and they anticipated the cold, the high
security bolts and premeditated cruelty; everything
closed off without leaving even the tiniest gap for
justice. Decency, decorum and truth definitely had
no chance of prevailing in this trial.
•
Gerardo
Hernández’ lawyer lodges appeal
April
5, 2003
GERARDO
Hernández’ lawyer, U.S. Paul Mckenna, has lodged
an appeal with the Atlanta Circuit Court asking for
a retrial for his client.
•
Weinglass:
It was the Solidarity Movement that Brought the Five
out of Solitary Confinement
April
3, 2003
By
Bernie Dwyer
April 1st, 2003
The Cuban Five have been released from solitary confinement in
the different US prisons where they are serving extremely long
sentences for defending their country against terrorism.
•
Defendant
Guerrero's unopposed motion for extension of time to
file initial brief
March
29, 2003
DEFENDANT
GUERRERO'S UNOPPOSED MOTION FOR EXTENSION OF TIME TO
FILE INITIAL BRIEF
The Defendant-Appellant, Antonio Guerrero, through undersigned
counsel and pursuant to 11th Cir. Rule 31-2, respectfully
requests a thirty (30) d ay extension of time in which to file
Appellant's initial brief, which is currently due on or before
April 7th, 2003. Appellant's unopposed motion is based
on the following grounds:
•
Appeals
Court notified of obstacles to Five’s defense
ON March 26,
Leonard Weinglass, Antonio Guerrero’s lawyer filed a motion
before the Atlanta Appeals Court explaining the obstacles
placed in his way as a defense attorney to maintain contact
with his client, who has been in solitary confinement (the
hole) since March 3, according to the web page http://www.antiterroristas.cu
.
•
GERARDO HERNANDEZ NORDELO
And
the revenge of those who cannot break him
TIME, as it has
been said on many occasions, is implacable. As children, we
are hardly aware of it; we don’t even know if it exists, but
it passes and leaves behind lessons or regrets. It is
unstoppable and stubborn, it moves ahead however much we hurry
but, in the end, we have to admit that it teaches us without
concessions to know our own capacity for resistance or giving
in, winning or losing.
•
Condemnation
of further violations against Gerardo
RICARDO Alarcón,
president of the National Assembly of People’s Power,
yesterday condemned the worsening – without due cause or
justification – of human rights violations against the five
Cuban patriots currently imprisoned in the United States, and
against those of their lawyers; violations that have now
reached a scandalous and shameful level.
•
To
conceal the bad faith of the federal prosecution and Miami
judge
OBSTRUCTING the
work of the defense in relation to the appeals process at the
Atlanta 11th Circuit Court, scheduled to begin on April 7;
building a wall of silence to balance a growing international
solidarity movement; and covering up the federal prosecutor
and the Miami judge’s unjustifiable errors are all motives
for the Five’s current solitary confinement.
•
Cuban
Five Are Placed in Solitary Confinement Without Explanation
March 7th, 2003
The newly re-elected President of the Cuban National Assembly,
Ricardo Alarcón, has condemned further abuses against the
five Cuban political prisoners in the United States.
•
Cuba
charges the United States with violating the Five’s rights
GERARDO Hernández,
Ramón Labañino, Antonio Guerrero, Fernando González and René
González have been placed in solitary confinement since
February 28, locked up all day with no contact with the other
prisoners or the outside world.
•
A
lost opportunity to right injustice
LEONARD
Weinglass, defense attorney for Antonio Guerrero, one of the
Five Cubans imprisoned in the United States, considered Judge
Lenard’s denial of the motion presented by the Five’s
defense team as a lost opportunity to right the tremendous
injustice against his client.
•
FLORIDA JUSTICE
Discount
for terrorists
IF you’re on
trial in South Florida then you’re better off being a
terrorist. This disquieting assertion has once again proved to
be true: very recently an obliging judge (or was he simply
corrupt) gave infamous terrorist Antonio "Tony"
Calatayud — indicted on massive fraud charges — 75% off
the sum set for his bail.
•
Ricardo Alarcón talks of
the U.S. latest
legal decisions on the Five
They
are trying to do the same in Atlanta as they did in Miami
THE recent
decisions by South Florida district judge Joan Lenard have
closed two legal channels in the attempt to secure justice for
the five Cubans imprisoned in the United States for
anti-terrorist activities. Now the appeal remains; it is due
to take place on April 7 at the 11th Circuit Court in Atlanta,
where the lawyers will present their briefs.
•
Judge
Lenard rejects the Five’s request for new trial
SOUTH Florida
district judge Joan Lenard has denied the request for a new
trial that was presented by Leonard Weinglass, lawyer for
Antonio Guerrero The request was based on evidence
demonstrating that numerous irregularities and violations
occurred in the Miami trial of the five Cubans imprisoned in
the United States since 1998, reads the www.antiterroristas.cu
website.
•
Response
to motion for retrial still pending
LEONARD
Weinglass, the U.S. attorney representing Antonio Guererro,
spoke with Antiterroristas.cu on Friday, January 17 in Havana,
where he spent a week reviewing the case of his client with
Cuban legal experts.
•
A
case that cannot be kept in the dark
EXPERIENCED U.S. lawyer
Leonard Weinglass knows exactly why the U.S. government is
doing everything it can so that the mainstream media maintains
a silence on everything related to the five imprisoned Cubans.
In his words: this case cannot be kept in the dark.
•
Agreement
signed for new EU office in Havana
THE European
Union and Cuba have signed an agreement to open an EU office
in Havana with the aim of coordinating cooperation efforts and
political and economic relations between the two parties.
•
Evidence
on Miami trial errors presented
DESCRIBING
himself as "a very proud American", Paul McKenna,
U.S. lawyer for Gerardo Hernández, affirmed at a lawyers’
conference in Havana: "It’s been an honor to represent
my client.
• Retrial
application for the Five
ON the same day
that the UN General Assembly overwhelmingly condemned the U.S.
blockade of Cuba — November 12, 2002 — an application for
a retrial for the five Cubans imprisoned for fighting
terrorism was placed before the Southern Florida District
Court.
•
LETTER
ON THE FIVE IN THE U.S. PRESS
On August 19, the
newspaper Asbury Park Press published a letter from one
of its readers titled "Five Cuban anti-terrorists."
The author is a U.S. citizen named Allen Strasburger, and his
letter is reproduced here:
•
Never
any evidence that the five Cuban patriots planned any harm to
the United States
NO evidence was really ever presented during the trial that
would indicate that the objective of the Cuban government or
of these men (the five Cubans) was to inflict damage on the
United States, affirmed Paul McKenna, ...
•
U.S.
authorities delay Miami Five appeal
June
5,
2002
SIX months after
the controversial trial in the United States, which ended in
tough sentences for five Cubans, their appeal still has not
been sent to the Atlanta Court of Appeals.
•
Miami
Five’s trial: a gigantic apparatus of complicity and
corruption
May
3,
2002
WHAT five
Cubans did in Miami — risking their lives to carry out
heroic work, to counteract criminal terrorist plans – was of
no interest to Judge Joan Lenard, even though those plans were
already on record within the U.S. government.
• Horror
behind bars
April
16, 2002
THE cells
measure 2.3 by 3.3 meters and are designed so that inmates
cannot see each other. They remain in this small space for 23
hours of the day and during the hour of exercise they are tied
up in shackles.
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