What accused spies would face in Cuba.
Published Monday, January 8, 2001, in the
Miami Herald
What kind of justice could accused spies in Cuba expect? Certainly nothing
like the process affording a vigorous defense and civil-rights protection to the
five men accused of spying for Cuba on trial in Miami's federal court.
Federal agents arrested the group in September 1998 claiming that they were
part of a Cuban spy ring called Red Avispa, or Wasp Network. Alleged ring leader
Gerardo Hernández faces the most serious charge: conspiracy in the 1996
murder of the four Brothers to the Rescue fliers.
Four of the accused have private criminal-defense lawyers appointed and paid
for by the court; the fifth was assigned a public defender. Though paid by
public dollars, their aggressive defense leaves no doubt that they work
independently and in behalf of their clients' interests.
SO-CALLED DEFENSE
What kind of defense could alleged spies expect in Cuba? Little to none. In
theory the accused have a right to an attorney. In reality mounting a vigorous
defense, particularly in a state-security trial, would be politically incorrect
and a career killer.
In the Miami trial, however, defense attorneys have petitioned for, and the
judge has granted, a number of continuances and permission to interview
potential witnesses in Cuba. Jury selection took nearly two weeks in a
painstaking effort to get impartial jurors, and no Cuban American now sits in
judgment.
The Miami trial is expected to run through March, as federal prosecutors and
defense attorneys both will have ample opportunity to present their arguments.
Media -- beholden to neither court nor government -- are covering proceedings.
The public, too, has free access to the open trial.
The process would be much simpler in Havana. Forget jury selection. There
are no juries. The accused likely would meet their lawyers the day of the trial.
Foreign and independent journalists are barred from proceedings, leaving the
regime-controlled media to spin coverage. Continuances and other complicated
petitions wouldn't be a problem. Politically sensitive trials, such as the one
where the celebrated dissidents of ``The Group of Four'' were convicted of
sedition, are over in one day.
Unless, of course, Cuba's police state wants a show trial. Proceedings then
can last days and be televised, and foreign media are welcome. That was the case
in the 1989 drug-trafficking trial of Gen. Arnaldo Ochoa and the 1999 trial of
Salvadoran Raúl Ernesto Cruz León for hotel bombings. Both were
sentenced to death.
NO FIX HERE
Today in Miami, still in the middle of the spy-case proceeding, there's no
telling what the jury ultimately will decide. Our justice system presumes even
accused spies innocent until proven otherwise.
Therein is the most basic difference: In Cuba, where a dictator is ultimate
judge and jury, the fix is in. How fortunate for the accused spies to be on
trial in Miami, not Havana.
Copyright 2001 Miami Herald | 