Tuesday, August 09, 2005

CUBAN FIVE GRANTED RETRIAL!

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)

Sunday, August 07, 2005

PROSECUTORS CALL GITMO TRIALS FIXED
A third US military prosecutor has walked out of the commissions process set up to try Guantanamo Bay detainees because of concerns it was unfair. Air Force Captain Carrie Wolf chose to take a reassignment along with other prosecutors. Capt Wolf asked to leave the Office of Military Commissions at the same time as two other colleagues, Major Robert Preston and Captain John Carr. Earlier this week, the ABC revealed that in March 2004, Maj Preston and Capt Carr requested transfers because they believed the process was "rigged" and pursuing "marginal" cases.
(ABC, unearthed by Human Rights First)