United States v. Campa, ___F.3d ___(11th Cir No. 01-17176, decided August 9, 2005)
The defendant-appellants, Ruben Campa, Rene Gonzalez, Gerardo
Hernandez, Luis Medina and Antonio Guerrero, were convicted and sentenced for
various offenses charging each of them with acting as unregistered Cuban
intelligence agents working within the United States. Hernandez was also
convicted of conspiracy to commit murder by supporting and implementing a plan
to shoot down United States civilian aircraft outside of Cuban and United States
airspace. They appeal their convictions, sentences, and the denial of their motion
for new trial arguing, inter alia, that the pervasive community prejudice against
Fidel Castro and the Cuban government and its agents and the publicity
surrounding the trial and other community events combined to create a situation
where they were unable to obtain a fair and impartial trial.
We agree, and
REVERSE their convictions and REMAND for a retrial.
(Suggested by Art Heitzer)
Domingo Soto's Personal Blog https://domsoto.blogspot.com/
Tuesday, August 09, 2005
CUBAN FIVE GRANTED RETRIAL!
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