Appeals court voids Cuban spy decision, will rehear case

[Judi Lynn]

Posted on Tue, Nov. 01, 2005
Appeals court voids Cuban spy decision, will rehear case

CURT ANDERSON
Associated Press

MIAMI - A federal appeals court has agreed to rehear arguments on whether five suspected Cuban spies got an unfair trial because of intense publicity, voiding an earlier decision by a panel of judges that the group deserved a new trial.

The Atlanta-based 11th U.S. Circuit Court of Appeals said in a brief one-page order issued Monday that all 12 active judges on the court would reconsider the case. "The previous panel's opinion is hereby vacated," the order said.

The three-judge panel on Aug. 9 tossed out the convictions and sentences of the Cubans because of heavy pretrial publicity, community prejudice in Miami and inflammatory remarks by prosecutors. That panel ordered a new trial to be held outside Miami.

Now, attorneys for the five Cubans will have to make those arguments again.

"I have to say I'm disappointed that the first opinion was stricken and we have to go before the full panel, but it's a long battle," said Paul McKenna, one of the Cubans' lawyers. "I don't look at is as a setback. I look at it merely that the court wants to hear more about the issue."
(snip/...)

http://www.bradenton.com/mld/bradenton/news/breaking_news/13052754.htm

[Mika]

1. No pressure of any type on jurors?

From the Miami Herald version of the story..

http://www.miami.com/mld/miamiherald/news/local/13056994.htm

Atlanta appellate court must decide whether the five Cuban defendants -- received a fair trial in a community that despises Castro.

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José Basulto, founder of Brothers to the Rescue, praised the 11th Circuit's decision to rehear the appeal, saying exile politics did not poison Miami jurors.

''The Cuban-American population is open-minded enough not to exert any type of pressure on jurors,'' he said.

Really? No pressure of any type on jurors?


-The Burden of a Violent History-
http://www.miaminewtimes.com/issues/2000-04-20/mullin.html

1974 Bomb blast guts the office of Spanish-language magazine Replica.

1974 Several small Cuban businesses, citing threats, stop selling Replica.

1974 Three bombs explode near a Spanish-language radio station.

1974 Hector Diaz Limonta and Arturo Rodriguez Vives murdered in internecine exile power struggles.

1975 Luciano Nieves murdered after advocating peaceful coexistence with Cuba.

1975 Another bomb damages Replica's office.

1976 Rolando Masferrer and Ramon Donestevez murdered in internecine exile power struggles.

1976 Car bomb blows off legs of WQBA-AM news director Emilio Milian after he publicly condemns exile violence.

1977 Juan José Peruyero murdered in internecine exile power struggles.

1979 Cuban film Memories of Underdevelopment interrupted by gunfire and physical violence instigated by two exile groups.

1979 Bomb discovered at Padron Cigars, whose owner helped negotiate release of 3600 Cuban political prisoners.

1979 Bomb explodes at Padron Cigars.

1980 Another bomb explodes at Padron Cigars.

1980 Powerful anti-personnel bomb discovered at American Airways Charter, which arranges flights to Cuba.

1981 Bomb explodes at Mexican Consulate on Brickell Avenue in protest of relations with Cuba.

1981 Replica's office again damaged by a bomb.

1982 Two outlets of Hispania Interamericana, which ships medicine to Cuba, attacked by gunfire.

1982 Bomb explodes at Venezuelan Consulate in downtown Miami in protest of relations with Cuba.

1982 Bomb discovered at Nicaraguan Consulate.

1982 Miami Mayor Maurice Ferre defends $10,000 grant to exile commando group Alpha 66 by noting that the organization "has never been accused of terrorist activities inside the United States."

1983 Another bomb discovered at Replica.

1983 Another bomb explodes at Padron Cigars.

1983 Bomb explodes at Paradise International, which arranges travel to Cuba.

1983 Bomb explodes at Little Havana office of Continental National Bank, one of whose executives, Bernardo Benes, helped negotiate release of 3600 Cuban political prisoners.

1983 Miami City Commissioner Demetrio Perez seeks to honor exile terrorist Juan Felipe de la Cruz, accidentally killed while assembling a bomb. (Perez is now a member of the Miami-Dade County Public School Board and owner of the Lincoln-Martí private school where Elian Gonzalez is enrolled.)

1983 Gunfire shatters windows of three Little Havana businesses linked to Cuba.

1986 South Florida Peace Coalition members physically attacked in downtown Miami while demonstrating against Nicaraguan contra war.

1987 Bomb explodes at Cuba Envios, which ships packages to Cuba.

1987 Bomb explodes at Almacen El Español, which ships packages to Cuba.

1987 Bomb explodes at Cubanacan, which ships packages to Cuba.

1987 Car belonging to Bay of Pigs veteran is firebombed.

1987 Bomb explodes at Machi Viajes a Cuba, which arranges travel to Cuba.

1987 Bomb explodes outside Va Cuba, which ships packages to Cuba.

1988 Bomb explodes at Miami Cuba, which ships medical supplies to Cuba.

1988 Bomb threat against Iberia Airlines in protest of Spain's relations with Cuba.

1988 Bomb explodes outside Cuban Museum of Art and Culture after auction of paintings by Cuban artists.

1988 Bomb explodes outside home of Maria Cristina Herrera, organizer of a conference on U.S.-Cuba relations.

1988 Bomb threat against WQBA-AM after commentator denounces Herrera bombing.

1988 Bomb threat at local office of Immigration and Naturalization Service in protest of terrorist Orlando Bosch being jailed.

1988 Bomb explodes near home of Griselda Hidalgo, advocate of unrestricted travel to Cuba.

1988 Bomb damages Bele Cuba Express, which ships packages to Cuba.

1989 Another bomb discovered at Almacen El Español, which ships packages to Cuba.

1989 Two bombs explode at Marazul Charters, which arranges travel to Cuba.

1990 Another, more powerful, bomb explodes outside the Cuban Museum of Art and Culture.

1991 Using crowbars and hammers, exile crowd rips out and urinates on Calle Ocho "Walk of Fame" star of Mexican actress Veronica Castro, who had visited Cuba.

1992 Union Radio employee beaten and station vandalized by exiles looking for Francisco Aruca, who advocates an end to U.S. embargo.

1992 Cuban American National Foundation mounts campaign against the Miami Herald, whose executives then receive death threats and whose newsracks are defaced and smeared with feces.

1992 Americas Watch releases report stating that hard-line Miami exiles have created an environment in which "moderation can be a dangerous position."

1993 Inflamed by Radio Mambí commentator Armando Perez-Roura, Cuban exiles physically assault demonstrators lawfully protesting against U.S. embargo. Two police officers injured, sixteen arrests made. Miami City Commissioner Miriam Alonso then seeks to silence anti-embargo demonstrators: "We have to look at the legalities of whether the City of Miami can prevent them from expressing themselves."

1994 Human Rights Watch/Americas Group issues report stating that Miami exiles do not tolerate dissident opinions, that Spanish-language radio promotes aggression, and that local government leaders refuse to denounce acts of intimidation.

1994 Two firebombs explode at Replica magazine's office.

1994 Bomb threat to law office of Magda Montiel Davis following her videotaped exchange with Fidel Castro.

1996 Music promoter receives threatening calls, cancels local appearance of Cuba's La Orquesta Aragon.

1996 Patrons attending concert by Cuban jazz pianist Gonzalo Rubalcaba physically assaulted by 200 exile protesters. Transportation for exiles arranged by Dade County Commissioner Javier Souto.

1996 Firebomb explodes at Little Havana's Centro Vasco restaurant preceding concert by Cuban singer Rosita Fornes.

1996 Firebomb explodes at Marazul Charters, which arranges travel to Cuba.

1996 Arson committed at Tu Familia Shipping, which ships packages to Cuba.

1997 Bomb threats, death threats received by radio station WRTO-FM following its short-lived decision to include in its playlist songs by Cuban musicians.

1998 Bomb threat empties concert hall at MIDEM music conference during performance by 91-year-old Cuban musician Compay Segundo.

1998 Bomb threat received by Amnesia nightclub in Miami Beach preceding performance by Cuban musician Orlando "Maraca" Valle.

1998 Firebomb explodes at Amnesia nightclub preceding performance by Cuban singer Manolín.

1999 Violent protest at Miami Arena performance of Cuban band Los Van Van leaves one person injured, eleven arrested.

1999 Bomb threat received by Seville Hotel in Miami Beach preceding performance by Cuban singer Rosita Fornes. Hotel cancels concert.

Naw, there's no pressure exerted by the hard line exile community that despises Castro. :eyes: