Cuban Agents to Get New Trial

AP ^ | 8/9/5 | JOHN PAIN

[SmithL]

MIAMI, (AP) --

A federal appeals court threw out the convictions and life sentences of five accused Cuban spies Tuesday, ruling that they did not receive a fair trial because of community prejudice and extensive publicity.

A three-judge panel of the 11th U.S. Circuit Court of Appeals in Atlanta ordered a new trial after agreeing with the arguments of defense attorneys about the 2001 convictions. None of the jurors was Cuban, but the defense argued that prejudice against Fidel Castro and his communist government runs high in Miami.

Federal prosecutors had no immediate comment on the court's decision.

Also overturned was the murder conspiracy conviction of ringleader Gerardo Hernandez. He was also convicted for his role in the deaths of four Cuban exiles shot down by Cuban MiGs in international airspace in 1996, an event that sparked widespread condemnation.

All five Cubans were convicted in June 2001 of serving as unregistered agents of a foreign government. Evidence showed that two of them targeted U.S. military installations from Key West to Tampa and the ring spied on Cuban exiles.

The five admit being Cuban agents, but said they were spying on "terrorist" exile groups opposed to Castro,

[massgopguy]

Send them to Club Gitmo.

[massgopguy]

Weren't they also charged with trying to blow up the transmitter for Radio Marti?

[NonValueAdded]

I'd like to know if any evidence was put forth that showed actual prejudice or if the court simply stereotyped and profiled the juror pool in greater Miami. The defense was free to ask for a change of venue before the trial. More PC crap run amok is more like it. Looks like the good folk on the 11th circuit can forget SCOTUS appointments.

[Dolphan]

This sucks.

Huge propaganda win for Fidel.

[Lurking Libertarian]

The court's ruling is here (pdf).

The decision is "per curiam," meaning that all 3 judges joined in it but none is listed as the author. The 3 judges are Birch, Kravitch and Oakes, who were appointed, respectively, by G.H.W. Bush, Jimmy Carter, and Richard Nixon.

[nicollo]

Shall we re-try OJ, only in Nebraska?

As silly as this may be, it's a testament to the rule of law and to equal justice. Jury prejudice cannot be dismissed as a danger to individual liberty. There's no such problem in Cuba, for example.

I hope they re-try this with a bunch of good ole' boys from Georgia who demand they fry the bastards -- purely on evidence presented, of course.