The filing requests the US district court of the Southern District of Florida to deny the motion without evidentiary hearing and to rely on its own recollection of the previous trial.
The government’s opposition is a 123-page and three-annex document filed on Monday by DA Caroline Heck Millar, who led the prosecution against Gerardo Hernadez in the 2001 biased trial and asked for his two-life term plus 15 year sentence.
Heck Miller also asked harsh sentences for Ramón Labañino, René Gonzalez, Antonio Guerrero and Fernando Gonzalez in that trial. The Cuban Five, as they are known internationally, were arrested in 1998 for monitoring Miami-based anti-Cuban terrorist organizations.
She refused to try confessed terrorist Luis Posada Carriles in 2005.
Cuban Parliament President Ricardo Alarcón recently spoke to the press on the habeas corpus filed by Gerardo Hernandez at the Florida court to vacate, set aside or correct his sentence.
In this document Gerardo gives details of the circumstances that deprived him of having an effective defense in the 2001 trial to face the charge of conspiracy to commit murder in the incident of the 1996 shootdown of two aircrafts that violated Cuba’s airspace.
The US government has consistently refused to show available images that would prove the veracity of Gerardo’s claims, said Alarcon.
In his motion, Gerardo asks the court to allow him to prove the erroneous interpretations the government made of the evidence and let the jury know the truth, concluded Alarcon.
Cuban News Agency