News organizations seek access to documents in Cuban spy trial
BY GAIL EPSTEIN NIEVES
Two Miami news organizations asked a judge Thursday for permission
to examine
evidence in the Cuban spy trial, while two defendants argued
public access
should be denied or limited while the case is in progress.
At issue are many hundreds of documents, photographs, computer
disks and
personal belongings confiscated from the five men on trial. Prosecutors
are using
the items to prove their espionage case to the jury.
The Herald, El Nuevo Herald and NBC 6 asked U.S. District Judge
Joan Lenard to
make the evidence available for examination and copying outside
the jury's
presence. Lenard held a two-hour hearing and said she would rule
as soon as
possible.
Of particular interest: the contents of nearly 1,000 computer
disks seized from the
accused spies that contain communications between them and Cuban
intelligence contacts. About 1,350 pages printed out in Spanish
have been
admitted into evidence but not yet shown to the jury. The English
translation has
not yet been admitted.
The printouts and other court documents are by law public records
that can be
withheld only for compelling reasons, none of which exist, argued
Susan Aprill --
lawyer for The Herald and El Nuevo Herald -- and Karen Kammer,
lawyer for
NBC 6.
Making the records available will help reporters tell their stories
more accurately,
Aprill said.
Two defense lawyers disagreed. Joaquin Mendez, attorney for defendant
Ruben
Campa, argued that media reports on the evidence could inflame
the community
and taint jurors' deliberations. Paul McKenna, attorney for defendant
Gerardo
Hernandez, argued that the evidence should only be available
for review after
jurors see it.
More than 100 exhibits have been admitted into evidence, and many
hundreds
more are expected, said Assistant U.S. Attorney Caroline Heck
Miller.