Defense Lawyer Gives an Update on Cuban Five’s Legal Situation
Cuba, Sept 6 (acn) Richard Klugh, a member of the defense team
for the five Cuban antiterrorist fighters unjustly held in U.S.
prisons told Radio Habana Cuba about the current legal situation
of the Cuban Five, as the 13th year of their imprisonment draws
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
“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
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.