Prosecution opposes the motion of Gerardo Hernández

 
The Popular Education Project to Free the Cuban 5

www.freethecuban5.com
[email protected]
Free the Cuban 5 Hotline: 718-601-4751

 
Prosecution
                           opposes the motion of Gerardo Hernández July 9, 2012
Translation by freethefive.org
 

Garbus On July 6, 2012, the Florida prosecutor sent to the Miami court his opposition to the motion presented by 
attorney Martin Garbus, representing Gerardo Hernández Nodelo, in which 
he asked for an oral hearing and delivery of additional 
evidence by the government which would permit deepening the issue of the journalists who were paid with Federal money and acted 
before and during the trial of the Five for the purpose of creating what the Appelate Court called a "perform storm of prejudice 
and hostility" in 2005.


 
In an evasive obviously move, the Government tries to argue that the facts presented by the 
defense are as they are and therefore it is not necessary to seek 
further information to clarify them. In other words, the 
prosecutor tells Judge Joan Lenard that the claim of the defense about 
the conduct of the "journalists" that she herself even 
admitted at trial managed to intimidate and harass the jury, is just a 
conspiracy theory and widespread speculation.

In its statement, the prosecutor warns that it could resort to "executive privilege" and the Law 
on Classified Information Protection Act (CIPA) for not acceding to the 
request, which is to admit their willingness to 
continue hiding and manipulating evidence.
In a brief final paragraph the Prosecutor also opposes the hearing requested by Gerardo.

One wonders what the Government fears. Why not allow the Five and particularly Gerardo, who is 
serving two life terms plus 15 years in prison, to have all the 
information they need to defend against the unjust and absurd 
sentences that were imposed on them.
[Ed. note: the defense is in the process of preparing a reply to the government's response}