The Analysis of the Evidence
The Court stated that in this case the review of the evidence is more extensive than is typical because the trial evidence itself created safety concerns for the jury which implicate venue considerations.
In this sense, it is significative that the Court recognizes the defense’s arguments in relation with the terrorist actions against Cuba of the anti-Cuban groups that operate in Florida, considering them as part of the circumstances to examine in this case: “The evidence at trial disclosed the clandestine activities of not only the defendants, but also of the various Cuban exile groups and their paramilitary camps that continue to operate in the Miami area” and concluded: “The perception that these groups could harm jurors that rendered a verdict unfavorable to their views was palpable.”
In its opinion the Court identifies these groups, naming Alpha 66, Brigade 2506, Brothers to the Rescue, Independent and Democratic Cuba (“CID”), Comandos L, Cuban American National Foundation (CANF) and others, all of them responsible of multiple terrorist actions against Cuba, and amply outlining the war actions in which they are being involved, the weapons, ammunitions and other warlike equipments which have been seized.
In the opinion Luis Posada Carriles is described as “a Cuban exile with a long history of violent acts against Cuba.”
The Court reflects the evidence presented by the Defense in the trial regarding the terrorist actions carried out by these groups, mentioning among them the Alpha 66’s and the CANF’s attacks against hotels and tourist installations from 1992 to 1997; the Brothers to the Rescue’s airspace violations from 1994 to 1996 and the attempts to assassinate Cuban president organized by the Independent and Democratic Cuba, Comandos F4 and the National Democratic Unity Party (PUND).
It also includes the defense’s argument that “following each attack, Cuba had advised the United States of its investigations and had asked the United States’ authorities to take action against the groups operating from inside the United States.”
In this sense, it is significative that the Court recognizes the defense’s arguments in relation with the terrorist actions against Cuba of the anti-Cuban groups that operate in Florida, considering them as part of the circumstances to examine in this case: “The evidence at trial disclosed the clandestine activities of not only the defendants, but also of the various Cuban exile groups and their paramilitary camps that continue to operate in the Miami area” and concluded: “The perception that these groups could harm jurors that rendered a verdict unfavorable to their views was palpable.”
In its opinion the Court identifies these groups, naming Alpha 66, Brigade 2506, Brothers to the Rescue, Independent and Democratic Cuba (“CID”), Comandos L, Cuban American National Foundation (CANF) and others, all of them responsible of multiple terrorist actions against Cuba, and amply outlining the war actions in which they are being involved, the weapons, ammunitions and other warlike equipments which have been seized.
In the opinion Luis Posada Carriles is described as “a Cuban exile with a long history of violent acts against Cuba.”
The Court reflects the evidence presented by the Defense in the trial regarding the terrorist actions carried out by these groups, mentioning among them the Alpha 66’s and the CANF’s attacks against hotels and tourist installations from 1992 to 1997; the Brothers to the Rescue’s airspace violations from 1994 to 1996 and the attempts to assassinate Cuban president organized by the Independent and Democratic Cuba, Comandos F4 and the National Democratic Unity Party (PUND).
It also includes the defense’s argument that “following each attack, Cuba had advised the United States of its investigations and had asked the United States’ authorities to take action against the groups operating from inside the United States.”
posted by arica at 10:47 PM
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