Arturo Hernández’s zeal to convict the innocent

Luis Posada Carriles, left, Arturo Hernández, right

Posada Carriles’ Attorney Offered His Assistance to Convict Gerardo Hernández in Miami

José Pertierra, Cubadebate

Translation: Machetera

El Paso. February 14, 2010 — Prosecutors in the Luis Posada Carriles case revealed today that Posada Carriles’ defense attorney, Arturo Hernández, closely monitored and offered his help during the case against the Cuban Five in Miami in 2001.

According to documents filed today in El Paso, government attorneys in the case against Posada Carriles last week contacted by teleconference “one of the three prosecutors” involved in the Cuban Five case in Miami.  The Cuban Five “prosecutor informed the United States that defense counsel Arturo Hernandez was well-informed about the Gerardo Hernandez trial, and in fact, had contacted the (Cuba Five) prosecutors repeatedly throughout the case to offer the resources of his law practice and other forms of assistance with the prosecution,” says the pleading signed on February 14, 2011 in El Paso by the U.S. Attorneys T. J. Reardon, III, Jerome J. Teresinski and Bridget Behling.

Download full pleading here

The pleading does not explain what other kinds of assistance were offered by Luis Posada Carriles’ attorney in order to convict Gerardo.

The case of Luis Posada Carriles will not begin again until Tuesday, but the attorneys and prosecutors met today behind closed doors with Judge Kathleen Cardone.

The contents of their conversations are unknown, but are likely to do with the motion filed by Attorney Hernández for Judge Cardone to dismiss the charges against Posada Carriles and throw out the trial.

The attorney who is defending Posada Carriles alleges, among other things, that the judge ought to dismiss the charges against his client, because the Cuban inspector who testified last Wednesday might have worked on matters related to Cuba’s counter-intelligence.  No one has yet asked Roberto Hernández Caballero if this is true.

The prosecution responded in this morning’s pleading and said: “The defendant’s entire premise is based on his argument that the fields of criminal investigation and counterintelligence are somehow contradictory. In fact, in the United States, the Federal Bureau of Investigation is responsible for investigating counterintelligence matters, and has a Counterintelligence Division within its National Security Branch. It is certainly possible that a foreign government could also assign counterintelligence duties to its FBI.”

Posada Carriles’ defense team also alleges that the case should be dismissed, because an FBI report dated September 25, 1997 says that a source told the FBI that Fidel Castro had set off the bombs in Havana in 1997.

The document filed today in El Paso by the U.S. Government completely discounts the credibility of that source.  Characterizing the source’s information as mere conjecture, the prosecutors wrote: “In fact, the United States has conferred with the FBI Agent who wrote the September 25, 1997 document, who stated that the document was based on the statements of an uninformed source who was biased against Cuba, and who was merely sharing an opinion that had been formed prior to the completion of any investigation. The FBI eventually conducted a more thorough investigation of the Havana bombings, which did not reach the conclusion that the Cuban government was in any way involved in planning the bombings.

Judge Cardone will issue her ruling Tuesday morning on Luis Posada Carriles’ motion to dismiss the case.  If she decides that the case should proceed, the Cuban inspector, Roberto Hernández Caballero will continue to testify.


José Pertierra practices law in Washington, DC. He represents the government of Venezuela in the case to extradite Luis Posada Carriles. Machetera is a member of Tlaxcala, the network of translators for linguistic diversity. This translation may be reprinted as long as the content remains unaltered, and the source, author, and translator are cited.

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