In relation to Gerardo Hernandez, who is in the most critical situation as he was condemned to two life terms plus 15 years on alleged charges of conspiracy to commit murder, Klugh told RHC, via telephone, that the legal team recently filed a comprehensive reply as well as additional memoranda and affidavits in response to the U.S. government rejection of Gerardo’s Habeas Corpus submitted in March.

In the reply, filed mid August, the defense responded to all the arguments made by the U.S. government and included two affidavits one of them from Gerardo and the other one from his former attorney Paul McKenna which supports the fundamental allegations made in the habeas corpus application.

“We really feel that we have made many strides towards proving everything we have said and proving Gerardo’s innocence,” Klugh stated.

He also noted that the US government is still resisting the presentation of documentary evidence, including satellite evidence that shows clearly that Gerardo neither intended to do any harm to the United States nor did he intend to do any harm to anybody else.

Regarding the case of Antonio Guerrero, Klugh said a reply to the U.S. government’s answer has been already issued, focusing, as in Gerardo’s case, on the use of paid Radio Marti and TV Marti employees to publish articles prejudicial to the Cuban Five at the Miami trial.

Antonio Guerrero’s reply –he said¬ indicates how evidence proving that the U.S. government tried to prejudice the Cuban Five during their trial by publishing articles that were intended to stir up anger and hostility towards them has gradually come out.

“Both of these documents present compelling reasons for relief for all of the Cuban Five, particularly for Gerardo,” Klugh said and went on to add that the documents presented for Gerardo and Antonio also apply to Rene Gonzalez, another one of the Cuban Five.

As for Ramon Labañino and Fernando Gonzalez, he announced that their Habeas Corpus petitions will be filed later this month.

According to Klugh, the case has reached a point in which evidence showing the actually and intentionally hostile environment in which the trial was held is overwhelming. 

“The [U.S.] government’s failure to admit what they had done to poison the atmosphere against the Cuban Five is a fundamental violation of their rights,” Klugh remarked.