DBR on the Cuban Five

Picking up on our coverage here, the DBR discussed in detail the Cuban Spy appeal:

The 11th Circuit has set oral arguments for Aug. 20 to hear whether there was sufficient evidence to convict one of the defendants of conspiracy to commit murder; whether there was prosecutorial misconduct; whether prosecutors improperly kept classified material from the defendants; and whether sentencing guidelines were followed. In August 2005, the full 11th Circuit upheld U.S. District Judge Joan Lenard’s ruling — and overturned a three-judge panel ruling — that it was fair to conduct the trial in Miami despite the strong anti-Fidel Castro feelings there. Among the nine issues to be argued in August, the most important one for the defense is the sufficiency of evidence on the charge of conspiracy to commit murder. Lawyers will argue that prosecutors overreached in charging one of the defendants with that count.

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Whatever the panel does, the case is eventually headed to the U.S. Supreme Court on the venue issue and other issues, say lawyers involved in the case. “The defense team remains optimistic and hopeful for a just outcome,” said Richard Klugh, an assistant federal public defender in Miami who represents Fernando Gonzales, who was convicted of failing to register as a foreign agent as well as immigration violations. “There are substantial issues of fundamental fairness at stake.” “We will never let the venue issue die,” McKenna said. “We will go to a higher court. We feel so strongly about it.” But Guy Lewis, who was U.S. Attorney in Miami at the time of the trial, said he’s confident the prosecution will prevail on appeal. “The defense arguments have no merit,” said Lewis, now an attorney at Lewis Tein in Coral Gables. “This is just Monday morning quarterbacking. The sooner the court hears the arguments, the sooner they’ll reject them and bring finality to the case.”


If you are interested in the briefs, you can read them at the DBR cite.