U.S. resists disclosures in the Cuban spy case
MIAMI (AP) – The U.S. is resisting a judge’s order that could force disclosure of classified documents and other material sought by three men who are seeking reduced prison sentences for their 2001 convictions in a politically charged spying case.
Federal prosecutors have asked for an emergency stay and appealed a magistrate judge’s disclosure order in the so-called Cuban Five case, contending it is far too broad and could produce sensitive material not required in a criminal case. The order requires U.S. officials to search for any national security damage assessments of the Cubans’ actions, which could bear on whether three of the five get a more lenient sentence.
The three Cubans – Antonio Guerrero, Ramon Labanino and Fernando Gonzalez – are to be resentenced by a Miami federal judge Oct. 13. The 11th U.S. Circuit Court of Appeals upheld the convictions of all five Cubans in 2008, but vacated the life sentences for Guerrero and Labanino because there was no evidence they had obtained or transmitted top secret material.
Gonzalez, also known as Ruben Campa, had his 19-year sentence vacated because he was wrongly labeled a manager or supervisor of the spy ring known as the “Wasp Network.” The five men are hailed as heroes in Cuba, where government officials regularly claim they are victims of political persecution.
Even before the magistrate judge’s Sept. 23 order, prosecutors said they searched for any national security damage assessments that might have an impact on the new sentences and found nothing.
“Accordingly, there is nothing to disclose to the defense,” wrote Assistant U.S. Attorney Caroline Heck Miller.
If no damage assessment exists, defense attorneys say, the U.S. cannot justify seeking long prison terms for the three.
“They claim a severe sentence, a sentence consistent with serious harm, is appropriate, but at the same time claim that the responsible officials in the U.S. government never bothered to do a damage assessment,” wrote Labanino attorney William Morris. “This is not a credible position.”