Posada Carriles' Lawyer offered services to condemn Gerardo Hernandez in Miami
by José Pertierra, South Journal, 16 February 2011.
The prosecution in the case against Luis Posada Carriles revealed that the defendant´s lawyer, Arturo Hernandez, had closely followed the process held in Miami against the five Cubans who have been held in US prisons for over a decade now, according to a document presented in Monday´s hearing.
One of the three prosecutors that took the case the United States vs. Gerardo Hernandez et al said on February 10, 2010 that Posada Carriles´ lawyer had repeatedly contacted the prosecutors of the case against Gerardo Hernandez in 2001, during the course of the process and had even offered his services to help the Miami prosecutors to judge the Cuban.
“… Furthermore, on February 10, 2011, the prosecutors in this case spoke by teleconference with one of the three prosecutors in the 2001 Miami, Florida case of the United States vs. Gerardo Hernandez et al. The Hernandez Prosecutor informed the United States that defense counsel Arturo Hernandez was well-informed about the Gerardo Hernandez trial, and in fact, had contacted the Hernandez prosecutors repeatedly throughout the case to offer the resources of his law practice and other forms of assistance with the prosecution.” the document reads.
Arturo Hernandez also offered the Miami prosecutors other forms of assistance to condemn Gerardo, as the document above explains, which was signed February 14, 2011 by prosecutors T.J. Reardon; Jerome J. and Bridget Behling.
But the document does not explain what other forms of assistance the lawyer offered to judge Gerardo. The case against Luis Posada Carriles will not resume until next Tuesday, though the lawyers and prosecutors met closed doors with Judge Kathleen Cardone today.
Although nothing was revealed about the close-door meeting, it would have probably focused on a petition by lawyer Hernandez to Judge Kathleen Cardone to reject the charges against Posada and annul the process.
Posada Carriles´ lawyer argues, among other things, that the judge should reject the charges against his client because the Cuban inspector that testified last Wednesday may have possibly been someone linked to Cuban counter-intelligence services. But thus far, no one has asked Cuban inspector Roberto Hernandez Caballero about this being certain.
This morning the prosecutors said that the statement of the defense is based on the false argument that criminal investigation and counterintelligence are contradictory fields. They said that in the United States the FBI is in charge of investigating counter-intelligence-related issues and that it is probable that a foreign government assigns counter-intelligence work to its own FBI, they said.
The lawyer of Posada also argues that the case should be annulled because an FBI report dated September 25, 1997 reads that a source told that agency that the government of Fidel Castro had had the bombs go off in Havana that year.
The document presented today at El Paso by the US administration fully discarded the credibility of that source. The government of the United States talked with the FBI agent that wrote the document on September 25, 1997, and he said that he had written the report on some statements made by a badly-informed source that was biased against Cuba, the document reads.
And the prosecution affirms that the agent, whose identity was not revealed, said—following a detailed probe—that the Cuban government had not been involved in any plan to detonate bombs in Havana.
Download the motion by the prosecution revealing that Arturo Hernandez tried to favor the case against Gerardo Hernandez in Miami