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U.S. High Court Appeal Considered For 2 Of 'Cuban Five'

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The Associated Press

The Tampa Tribune

Published: June 6, 2008

MIAMI - Attorneys for two convicted Cuban spies, one of whom is serving a life sentence, said Thursday that they are considering appealing the cases to the U.S. Supreme Court.

An Atlanta 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 U.S. District Court in Miami, where they will face less strict sentencing guidelines. It was a small victory for the members of the group known as the "Cuban Five" and the National Committee to Free the Cuban Five. The five have been lionized as heroes in Cuba, but 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.

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's 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 appeals panel in Atlanta ruled 2-1 to uphold both convictions. Attorneys argue that the government did not present enough evidence to show Hernandez conspired 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 decide whether to appeal to all the federal court judges.

If the attorneys don't get the results they want from a full court review, they might appeal to the U.S. Supreme Court.

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