US resists disclosures in Cuban spy case
By CURT ANDERSON
AP Legal Affairs Writer
MIAMI -- The U.S. is resisting a judge's order that could force
disclosure of classified documents and other material sought by three
men who are seeking reduced prison sentences for their 2001 convictions
in a politically charged spying case.
Federal prosecutors have asked for an emergency stay and appealed a
magistrate judge's disclosure order in the so-called Cuban Five case,
contending it is far too broad and could produce sensitive material not
required in a criminal case. The order requires U.S. officials to search
for any national security damage assessments of the Cubans' actions,
which could bear on whether three of the five get a more lenient sentence.
The three Cubans - Antonio Guerrero, Ramon Labanino and Fernando
Gonzalez - are to be resentenced by a Miami federal judge Oct. 13. The
11th U.S. Circuit Court of Appeals upheld the convictions of all five
Cubans in 2008, but vacated the life sentences for Guerrero and Labanino
because there was no evidence they had obtained or transmitted top
secret material.
Gonzalez, also known as Ruben Campa, had his 19-year sentence vacated
because he was wrongly labeled a manager or supervisor of the spy ring
known as the "Wasp Network." The five men are hailed as heroes in Cuba,
where government officials regularly claim they are victims of political
persecution.
Even before the magistrate judge's Sept. 23 order, prosecutors said they
searched for any national security damage assessments that might have an
impact on the new sentences and found nothing.
"Accordingly, there is nothing to disclose to the defense," wrote
Assistant U.S. Attorney Caroline Heck Miller.
If no damage assessment exists, defense attorneys say, the U.S. cannot
justify seeking long prison terms for the three.
"They claim a severe sentence, a sentence consistent with serious harm,
is appropriate, but at the same time claim that the responsible
officials in the U.S. government never bothered to do a damage
assessment," wrote Labanino attorney William Morris. "This is not a
credible position."
The magistrate's order would require the U.S. to turn over any damage
assessments by Saturday, or if none exists describe in detail which
agencies were searched. Prosecutors say that timeframe is far too short
- particularly if classified material is involved - and would likely
result in a delay of the sentencing hearing.
In addition, Miller said the emphasis on the damage assessments is
misplaced because the case involved an espionage conspiracy, which
doesn't require evidence that the men succeeded in their goals of
penetrating U.S. military installations and reporting defense-related
U.S. information to Cuba.
According to court documents, the men attempted to infiltrate the U.S.
Southern Command in Miami, the Naval Air Station in Key West,
congressional campaigns of politicians opposed to the Cuban government
and Cuban exile groups. Guerrero, for example, got a public works job at
the Key West installation and for years delivered encrypted diskettes to
Cuba's intelligence service detailing military assets, troop exercises,
names and addresses of commanders and other sensitive information, the
documents say.
A decision on the damage assessment issue will be made by U.S. District
Judge Joan Lenard, who presided over the Cuban Five trial and will
impose the new sentences. It's unclear when she will rule, but defense
attorneys were ordered to file papers by Thursday afternoon stating
their positions.
US resists disclosures in Cuban spy case - Nation AP - MiamiHerald.com
(1 October 2009)
http://www.miamiherald.com/news/nation/AP/story/1261465.html
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