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Friday, June 06, 2008

2 convicted Cuban spies ponder appeal

FEDERAL COURT
2 convicted Cuban spies ponder appeal
Posted on Fri, Jun. 06, 2008
Associated Press

Attorneys for two convicted Cuban spies, one who is serving a life
sentence, said Thursday they are considering appealing their cases to
the U.S. Supreme Court.

A federal court this week upheld the convictions of Gerardo Hernandez
and Rene Gonzalez, who were initially convicted of espionage charges in
2001 with three other men.

The cases of the other three men were sent back to the district court in
Miami, where they will face less strict sentencing guidelines.

It was a small victory for the members known as the ''Cuban Five,'' and
the National Committee to Free the Cuban Five. The five have been
lionized as heroes in Cuba, while exile groups say they were justly
punished.

Life sentences for Luis Medina and Antonio Guerrero were vacated, as
well as a 19-year sentence for Fernando Gonzalez.

But lawyers for the two whose convictions were upheld denounced the
decision.

''I was very disappointed with the decision that I read yesterday,''
Paul McKenna, Hernandez' attorney said Thursday. ``But I am also ready
to keep fighting.''

Hernandez is serving a double life sentence on counts of conspiracy to
murder four Miami-based pilots who were slain by Cuban jets in 1996 when
they were dispersing pro-democracy pamphlets on the island. Gonzalez is
serving 15 years for one count of acting as an agent of a foreign
government and one count of conspiracy to do so.

The three-judge panel in Atlanta ruled 2-1 to uphold both convictions.
Attorneys argue the government didn't present enough evidence to show
Hernandez' conspiracy to commit murder.

Hernandez was also convicted of conspiracy to gather and transmit
national defense information.

The five admitted to being agents, but denied involvement in spying on
the United States.

Mckenna said he will review this case with Gonzalez's attorney and make
the decision on whether to appeal to all the federal court judges.

http://www.miamiherald.com/news/miami_dade/story/560081.html

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