[NYTr] The Cuban 5 - Capsule Summary of Their Sentences Date: Thu, 13 Sep 2007 02:42:12 -0500 (CDT) Via NY Transfer News Collective * All the News that Doesn't Fit [Many thanks to Joan Malerich for this chronology/list -NY Transfer] CUBAN FIVE IMPRISONED IN THE US FOR TRYING TO STOP TERRORISM Gerardo Hernandez-----------------------2 life sentences plus Adelanto, CA Ramon Labanino (Luis Medina) -----------1 life sentence plus Beaumont, TX Antonio Guerrero------------------------1 life sentence plus Florence, CO Fernando Gonzalez----------------------19 years plus Oxford, WI Rene Gonzalez (Ruben Campa)------------15 years plus Mariana, FL The five were arrested on September 12, 1998 (during the Clinton Administration). All five were: Held 33 months without bail Held 17 months in isolation November 27, 2000: Case proceeded to jury trial in Miami (The Five made multiple requests for change of venue before, during and after jury selection). November 1999-June 28, 2000: Elian Gonzalez rescued at sea, held captive by his distant relatives and finally returned to his father's custody in Washington, DC by Federal agents, after which Elian, his father and step-mother and step-brother returned home to Cuba. June 8, 2001: Cuban 5 trial ended with guilty verdicts December 2001: Sentencing: Each of the Five delivered pre-sentencing statements to the court. These can accessed at http://www.freethefive.org. At this point, the long, tortuously slow appeals process began. March 10, 2004: Appeal Hearing, 11th Circuit Court of Appeals, Atlanta, GA. May 27, 2005: UN Human Rights Commission Working Group on Arbitrary Detentions determined that "the trial did not take place in a climate of objectivity and impartiality" and the severe sentences were incompatible with the standards contained in Article 14 of the International Convention on Civil and Political Rights. In summary: There was deprivation of liberty of an arbitrary character, and the Working Group recommended that the US government "adopt necessary steps to remedy the situation." August 9, 2005: Three-judge panel of the 11th Circuit Court of Appeals unanimously overturned Trial Court Decision, and ruled that a change of venue should have been granted. The Five should have a new trial in venue outside Miami. October 31, 2005: US government appeals the ruling of the three-judge panel and their appeal is accepted. February 14, 2006: US Govt Appeal argued August 9, 2006: In a 10-to-2 ruling, the full panel of 12 (of 13) judges reversed the three-judge decision granting a new trial in a venue outside Miami. Cuban Five then began an appeal on issues other than venue. August 20, 2007: 11th Circuit Court of Appeals hearing on matters of evidence and prosecutorial misconduct, issues other than change-of-venue before three-judge panel. Three main issues argued: (1) Insufficient evidence re: the alleged "conspiracy to commit murder" by Gerardo Hernandez in relation to the Cuban shoot-down of two Miami Brothers to the Rescue private planes that illegally entered Cuban airspace in February of 1996; (2) Proscecutorial misconduct regarding statements and accusations made before the jury that had no basis in the legal charges against them, and about which no evidence had been presented at trial; (3) Insufficient evidence re: the "conspiracy to commit espionage" charge, as the Five did not obtain one classified document and none were presented at trial. Six additional issues were argued in the brief submitted to the three judges. -------------- next part -------------- * ================================================================= .NY Transfer News Collective * A Service of Blythe Systems . Since 1985 - Information for the Rest of Us . .339 Lafayette St., New York, NY 10012 http://www.blythe.org . List Archives: https://blythe-systems.com/pipermail/nytr/ . Subscribe: https://blythe-systems.com/mailman/listinfo/nytr =================================================================