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Oct 1, 2009 12:09 pm US/Eastern
U.S. Resists Disclosures In Cuban Spy Case
The Men Are Accused Of Spying For Cuba
MIAMI (CBS4) ―
The United States is resisting a judge's order forcing the disclosure of classified and other sensitive material in the appeals of three Cuban men convicted of spying in the U.S.
Antonio Guerrero, Luis Medina and Fernando Gonzalez, also known as "Ruben Campa" are scheduled to be resentenced on October 13 after an appeals court vacated their original sentences.
The judge's order requires the U.S. to turn over any national security damage assessments in the so-called "Cuban Five" case.
The U.S. is appealing, contending the order would require prosecutors to produce classified material and cause delay. Attorneys for the three Cubans want any documents that might show their actions didn't jeopardize national security, in hopes it will bolster their argument for a lenient sentence.
In 2001, the "Cuban Five" were convicted of conspiracy to commit espionage and other illegal activities. One was also convicted of murder conspiracy in the deaths of four Brothers to the Rescue pilots who were shot down off the coast of Cuba in 1996.
The men who composed the group were Cuban nationals and belonged to
the so called Wasp Network, which spied on Cuban-American groups. They
also tried to infiltrate the U.S. Southern Command headquarters in west
Miami-Dade.
The men appealed their convictions, claiming the trial should have been moved out of South Florida because of the anti-Castro sentiment in Miami. In 2005, a three-judge panel of the federal appeals court in Atlanta agreed with the men, overturned their convictions and ordered new trials for them to be held outside Miami. The full 11th U.S. Circuit Court of Appeals then reinstated the convictions, but did order new sentences.
Originally, Guerrero and Medina were sentenced to life in prison. Gonzalez was initially sentenced to 19 years behind bars.
(© 2009 CBS Broadcasting Inc. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.)
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