FAA gave Cuba reply on Brothers
BY GAIL EPSTEIN NIEVES
The Federal Aviation Administration took just eight days to
respond to Havana's first complaint about Brothers to the
Rescue founder José Basulto after he flew over Cuban
airspace on July 13, 1995, according to a chronology
outlined in the Cuban spy trial Thursday.
Cuba, when seeking to justify the Brothers shoot-down, has
said that it shot down two airplanes only after the United
States ignored Havana's repeated complaints about
violations of its sovereign airspace.
Cuba formally lodged its protest about Basulto in an Aug.
21, 1995, diplomatic note to the State Department, testified
aviation consultant Charles Leonard. The FAA responded on
Aug. 29, informing Cuba that it took the allegations seriously
and would take enforcement action if federal air regulations
had been violated.
Shortly, the agency decided to clip Basulto's wings.
Basulto's attorney has said he received an FAA letter
outlining three options: surrender his pilot's license, seek a
meeting with an FAA attorney or appeal to the National
Transportation Safety Board. He sought the meeting.
Leonard testified that the FAA had sent Basulto a letter of
investigation on Aug. 3, 1995 -- weeks before Cuba first
complained. Leonard read the chronology dates from a U.N.
report on the shoot-down.
On Oct. 5, 1995 -- six weeks after Cuba's original complaint
-- the FAA notified Havana that it was charging Basulto for
violating Cuban airspace and operating his plane recklessly,
Leonard testified.
Basulto did not deny flying over Havana. He has said he did
it to distract Cuban gunboats that were ramming against an
exile flotilla memorial service.
The government is scheduled to rest its prosecution of five
accused spies today. Accused spy ringleader Gerardo
Hernández faces a possible life sentence if convicted of
murder conspiracy in a Cuban MiG missile attack on the two
planes on Feb. 24, 1996. Four fliers were killed.
On Jan. 15, 1996, Cuba protested again, charging Brothers
with overflying Havana with leaflets on Jan. 9 and 13. The
group denied the charge.
The FAA asked Havana for evidence to prove its charge,
Leonard testified. On Feb. 20, 1996 -- four days before the
shoot-down -- the State Department told Cuba that the FAA
inquiry of Basulto was ongoing and that investigators were
seeking more evidence, he testified.