Free the Cuban Five! – A three-judge panel of the 11th Circuit Court of Appeals of Atlanta upheld Wednesday the guilty verdicts of the Cuban Five, prisoners in the United States since 1998

A three-judge panel of the 11th Circuit Court of Appeals of Atlanta upheld Wednesday the guilty verdicts of the Cuban Five, prisoners in the United States since 1998. It also vacated the sentences of three of the men, ordering a new sentencing in Miami. The sentences of Rene Gonzalez (15 years) and Gerardo Hernandez (two life terms plus 15 years) were maintained. In the case of Hernandez, the panel voted 2-1. A 16-page [minority] opinion of Judge Phyllis Kravitch states that the government did not present sufficient evidence to prove Gerardo’s guilt in the charge of conspiracy to commit murder.

The cases of Ramon Labanino (life sentence plus 18 years), Fernando Gonzalez (19 years) and Antonio Guerrero (life sentence plus 10 years) were sent to the Florida Court for re-sentencing. It will be Judge Joan Lenard who will announce a hearing to issue the new sentencing. Lenard was the presiding judge who, in 2001, issued the harsh sentences to the Cuban Five. The 99-page ruling of the Appeals Court of Atlanta, which explicitly favors the government position, was drafted in a politically charged language unusual for legal texts. It states that the defense arguments in their appeal “are meritless.” “*

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