New evidence in legal briefs of Gerardo, Ramón and Antonio exposes U.S. government misconduct

National Committee to Free the Cuban Five

"Ramón and The Five should not have to defend against accusations broadcast into the airwaves and reproduced in the press by journalists who pretend to be independent, but in fact are being paid by the very Government that is prosecuting the victims of their stories. The motion filed on behalf of Ramón seeks an opportunity for redress of the injuries suffered because the Government did not disclose the fact that they were paying supposedly independent journalists. Had this fact been disclosed at the time, the lawyer for Ramón would have sought to protect his client from the influence of this tainted journalism."

William M. Norris, attorney for Ramón Labañino

"The government’s conduct -- funding a propaganda campaign in the venue of the trial -- constitutes an unprecedented violation of a criminal defendant’s right to a fair trial, and calls out for a remedy."

--Reply of Gerardo Hernández to United States’ Response in Opposition to his Motion to Vacate, Set Aside, or Correct Judgment and Sentence, Under 28 U.S.C. § 2255

"The government putting news reporters and TV commentators on its payroll to generate inflammatory and highly prejudicial news permeating the Miami-Dade community, constituted a deliberate and serious breach of its promise to do justice. ... the government’s conduct was so outrageous and deceitful warranting the imposition of the most severe sanction -- dismissal of the indictment in the underlying criminal case.

Memorandum for Ramón Labañino in Support of Motion to Vacate, Set Aside, or Correct Judgment and Sentence Under 28 U.S.C. § 2255

From the National Committee to Free the Cuban Five:

Various legal briefs have been filed in mid-August, by the attorneys for Gerardo Hernández, Ramón Labañino and Antonio Guerrero, for their Habeas Corpus appeals. A critical issue has been raised in all three appeals: that of the egregious U.S. government misconduct in paying tens of thousands of dollars to purported independent Miami journalists, while those reporters filled the newspapers and airwaves with unsubstantiated and highly prejudicial propaganda against the Cuban Five, during their prosecution.

Lawyers for the Five have presented compelling arguments for immediate relief, largely based on the research conducted by the National Committee to Free the Cuban Five, regarding the Miami journalists. The National Committee and supporters of the Five worldwide, continue to demand their immediate freedom.