By Miguel Fernandez
Fernando González, a.k.a. Rubén Campa (Vicky/Oscar), has desisted from his ongoing habeas corpus appeal in order to prevent delay in his release, scheduled for February 2014. On the other hand, Ramón Labañino, a.k.a. Luis Medina (Allan), has made an additional motion that covers the two others incarcerated members of the Wasp Network: Antonio Guerrero (Lorient) and Gerardo Hernández (Giro).
The motion insisted in the denial of due process because of “the threat of government-paid journalists to the integrity of the jury.” Defense lawyer William Norris argues there is an “extremely relevant” thread not discussed by the parties yet. In the Opinion and Memorandum of Law entered on February 16, 2001, the Court found “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.”
By that time, judge Joan Lenard didn’t know the U.S. government was secretly paying Miami journalists for turning the jurors against the Cuban Five. Thus, this new finding would add up to the previous one for making clear that Labañino is entitled to post-conviction relief.
However, the factual key is still the payments to Miami journalist for their contributions to Radio and TV Marti. By that time, it broadcasted only to Cuba, and it’s hard to swallow that the contributors were not paid for their very contributions to Radio and TV Marti , but for articles in their respective local media against the Cuban Five on behalf of the U.S. government.
Last, but not least, it was a prima face case of espionage and the quixotic defense strategy instructed from Havana —and focused in the “lawful shoot down” with missiles of two fragile Cessna planes— negatively influenced on the juror more than all the Miami media together.
The motion is attached here: Ramon Supplemental Memo 102213