By Ellis Berger. Sun-Sentinel. Web-posted: 11:00 p.m. Mar. 6, 2000
MIAMI -- The testimony of two Cuban diplomats will likely be sought by the defense in the government's case against veteran immigration officer Mariano Faget, who is accused of spying.
Cuba has said that diplomats Jose Imperatori and Luis Molina are eager to testify on Faget's behalf and to clear themselves of any involvement in espionage activities while stationed at the Cuban Interests Section -- in effect, its embassy in Washington.
A State Department official, speaking on the condition that his name would not be used, said on Monday the government would consider allowing the diplomats to return to the U.S. to testify.
"It would have to be a joint Justice and State Department decision on the question of the diplomats waiving immunity from prosecution," he said. "The way the issue has been phrased by Cuba is too cute. I can guarantee you our lawyers will figure it out."
Luis Fernandez, the Cuban mission's press secretary, said Molina and Imperatori have offered to waive immunity in return for their testimony.
"That's what we have said, very clearly," he said.
Both diplomats are in Cuba. Molina left Washington last year and was succeeded by Imperatori, who was taken into custody two weeks ago by the FBI and deported as a result of the allegations against Faget.
Attorney Diane Ward, who represented Faget at his arraignment Monday, entered a plea of not guilty on his behalf, requested access to the government's evidence, and demanded a jury trial. Ward was filling in for her husband and law partner, Ed O'Donnell Jr., who was trying another case in the
same building, the old Federal Courthouse in downtown Miami.
Faget remained silent during the five-minute hearing before U.S. Magistrate Andrea M. Simonton, who read aloud the five counts against him, one alleging espionage, another converting classified information to his own use, and three lying to federal officials. Combined, the five counts carry a
maximum penalty of 35 years in prison and $1.25 million in fines.
Assistant U.S. Attorneys Richard D. Gregorie and Curtis B. Miner appeared on behalf of the government.
Gregorie said the evidence will include classified material, and asked Simonton to impress upon the defense the need to follow strict rules pertaining to how such material is handled.
"Mr. O'Donnell is an experienced attorney and understands the need to follow appropriate procedures," Simonton said. Nonetheless, she said she would so remind him.
After the arraignment, Gregorie declined comment on whether the prosecution would ask for the return of the Cuban diplomats during the trial. Asked the same question, Ward said testimony by the diplomats would give Faget's defense a rare opportunity.
"How often do you get a chance," she asked, "to have the people you're supposed to be spying for come into court and answer questions?"
No trial date was set, but Ward estimated it could begin in about two months.
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