Suspected Cuban agents say FBI broke promises about not prosecuting

Suspected Cuban agents say FBI broke promises about not prosecuting

By Sean Gardiner
South Florida Sun-Sentinel

June 8, 2006

Charges that a husband and wife acted as agents for Cuba should be
dismissed because the FBI's case is built on broken promises not to
prosecute if the man cooperated with the investigation, defense
attorneys say.

Those contentions contained in defense motions will be the focus of a
June 14 hearing in Miami before U.S. District Judge K. Michael Moore,
who will determine if the case against Carlos and Elsa Alvarez should be
dismissed.

The couple, who worked at Florida International University, have been
held without bail since being arrested in January.

The indictment charged that for 30 years, the Alvarezes supplied
non-classified information to the Cuban intelligence agency, mostly
about anti-Castro Cuban exile groups in Miami.

In several motions filed over the past week, defense attorneys have
asked that the judge dismiss the case on various grounds, including that
FBI agents reneged on their promise not to prosecute Carlos Alvarez, 61,
and his 56-year-old wife if he cooperated.

That motion by attorney Steven Chaykin states that FBI agents confronted
Carlos Alvarez on June 22, 2005, in a Miami Publix grocery store "where
he regularly purchased coffee after attending morning Mass at his nearby
church."

There, agent Alberto Alonso, who tape-recorded the interview, told the
professor, "We're giving you a chance for you to tell us what's going on
so we can leave you alone. ... Because we don't want nothing with you,
you understand?"

The agent's partner, Rosa Schureck, added, "... That's why I told you
that today was the most important day of your life because your future
is determined today, but not only yours, the future of your wife, Elsa,
your children."

Alonso told Alvarez that as long as he told them the truth, "We can
protect you."

Chaykin contends that "over three grueling days of interrogations,"
Alvarez cooperated fully, answering all questions truthfully, allowing
agents to search his house and providing access to his computer.

"Now, in an outrageous and unconscionable violation of its commitment to
Dr. Alvarez to leave him and his family alone, the government has
charged him with failing to register as an agent of a foreign country
based entirely on the information he provided," the motion states.

The attorneys also asked the judge to restrict the prosecution to
activities conducted within the five-year statute of limitations instead
of the 30-year period in the indictment. The U.S. Attorney's Office and
the Alvarezes' lawyers declined comment.

Sean Gardiner can be reached at stgardiner@sun-sentinel.com or 954-356-4514.

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