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Calls For Indictments Against The Castros

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Calls For Indictments Against The Castros

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HIALEAH GARDENS (CBS4) ― February 24th, 1996 a plume of smoke captured by a tourist's camera from a cruise ship marked the spot where a pair of Cuban MIG jets shot down two Brothers to the Rescue planes, killing pilots Carlos Costa, Armando Alejandre, Jr., Mario de la Peña, and Pablo Morales. A third plane, flown by Jose Basulto, escaped.

Later, U.S. investigators concluded that the Brothers to the Rescue planes were attacked over international waters on orders from Fidel Castro relayed through his brother Raul.

Maggie Khuly, whose brother Alejandre was one of the pilots killed, and Mirta Costa, whose son Carlos died in the attack, believe the time is right for the U.S. to go after Fidel and his brother.

"It might bring us a little bit closer to justice," said Khuly. "We've been told by the U.S. administration that Castro could never be indicted, neither for the shoot down, or any of his other crimes, because he was head of state. If he is stepping down, he's no longer head of state, so he's indict-able, he no longer has sovereign immunity."

Khuly's "Black Book" has been nearly 12 years in the making.  Sunday will be the 12th anniversary of the Brothers to the Rescue shootdown. 

The book is a compilation of evidence against the men she claims are responsible.  At the top of the list:  Fidel Castro, followed by his brother Raul. She explained how "they should both be indicted."  

After Castro's resignation, Republican Congresswoman Ileana Ros-Lehtinen asked the U.S. Justice Department  to charge him for the deadly attack, noting that he longer is a head of state, and would clear the way to prosecute him.   

Though on Sunday, a new president will be elected and Fidel is hoping it would be his brother, which could shrink the window of opportunity for the U.S. to prosecute.  

Khuly added, "Until Sunday, if he's declared president of the republic, he's not head of state."  

The information in her book, and in the documentary, "Shootdown", directed by her daughter, includes an audio tape of Raul Castro admitting giving the prior order to shoot, and Fidel Castro, in an interview with CBS News' Dan Rather, saying he took "full responsibility".

(© MMIX, CBS Broadcasting Inc. All Rights Reserved.)

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