Thursday, December 30, 2010

Posada Carriles: Evidence from Cuba is tainted

Luis Posada Carriles

If U.S. prosecutors use any evidence from Cuba against Luis Posada Carriles, his lawyers say they'll argue that the Cuban government has a history of falsifying and making up evidence.
The anti-Castro militant is scheduled to go on trial on perjury and other charges on Jan. 10 in El Paso. Evidence from Cuban authorities implicates Posada Carriles in a string of Havana bombings that killed an Italian man in 1997.
In a six-page document filed today, his lawyers warn that they may introduce evidence that the "political will" of the Castro brothers has corrupted Cuba's judicial system and, therefore, any testimony from Cuba is unreliable.
In the document, the lawyers give notice that they may discuss at trial:
  • Evidence of The Cuban Spies, "The Wasp Network" and the downing of the two Brothers to the Rescue planes. For instance, the GOC provided falsified evidence of the coordinates of the shoot down in order to show that the shoot down had occurred over Cuban territorial waters. The GOC provided to the defense testimonial, documentary and physical evidence that were admitted during the trial. The evidence consisted of handwritten onionskin layovers of radar locations showing that the actual place of the shoot down was over Cuban waters and a black box device that was pristine condition after the explosion on the aircraft indicating the location of the shoot down.
  • Evidence of the 2004 arrest in Cuba, summary trial and execution three days later of three Afro Cubans who had commandeered a boat at gunpoint to escape from Cuba.
  • Evidence of the 2006 arrest in Cuba, detention, summary trial of 75 independent journalist and sentencing to long prison terms known as the "Black Spring."
  • Evidence of the July 13, 1994, tugboat incident in Cuba where 37 people, including 10 children, were intentionally drowned by the GOC after being rammed by two steel frigates and its occupants hurled into the sea where they were drowned by strong water cannons from Cuban Coast Guard vessels. The defense may call witnesses who were on the vessel and/or who lost relatives who will testify regarding the threats and intimidation and drugging applied by the GOC officials to survivors at Villa Marista prison to change their stories for the international press and for a show trial in Cuba.
  • Evidence of the long history of summary executions of the GOC’s political enemies throughout the island but in particular at the Cabana prison in Havana during the early years of the Revolution.
  • Evidence regarding the 1989 overdose death of Cuba’s Interior Ministry Officer, General Jose Abrahantes, who was detained and died mysteriously of a heart attack while in a Cuban prison within days after stating that high level GOC officials were involved in or authorized drug trafficking during the Ochoa trial.
  • Evidence of the trial in Cuba of Major General Arnaldo Ochoa, who was thereafter executed by a firing squad.
  • Evidence of the trial in Cuba of Batista era pilots during the early days of the Revolution who fought against Castro. In particular, the Defendant may introduce evidence regarding the trial of Sosa Blanco in Cuba. The pilots were acquitted at trial. Castro was incensed. He declared the verdicts null and void and ordered a retrial before judges that he named. During the second trial, the pilots were all found guilty in a one-day trial. Some were executed others were sentenced to long prison terms.

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