One Cuban Five member - Fernando González - chose to abandon his Habeas Corpus appeal, in order not to delay his Feb. 2014 release from prison. If he were to continue his legal appeals, his return home to Cuba could be delayed for months or years.
The new Supplementary Motion quotes Judge Joan Lenard, who stated during trial, on February 16, 2001: "...the Court finds, however, that not even the most emphatic instruction or the most searching voir dire question can shield the jurors from banner headlines or ex parte statements and conduct by witnesses or counsel that would undoubtedly receive extensive coverage. Since the trial began, this case has been the daily bread for the local press and media."
Neither the judge nor the defense during trial knew that many of those "banner headlines" were written by journalists secretly paid as U.S. government employees.
Norris's motion reminding all trial parties of the judge's own Legal Opinions and Court Orders strongly contradicts the U.S. prosecutors' contention that the judge's instructions to the unsequestered jury - not to read or watch the news when they went home each night for seven months - were sufficient to protect the jury from the media.
As the legal evidence builds, the resounding demand for the immediate freedom of the Cuban Five must be accompanied by constant mobilization, forums, actions in the streets, lobbying, and building support every day until victory is won.