Berenson Awaits Verdict of Trial in Peru
By THE ASSOCIATED PRESS
LIMA, Peru (AP) -- New York native Lori Berenson told a court that ``I
am not a
terrorist'' on Wednesday in a final bid to win acquittal on charges she
had ties to a guerrilla
group planning an assault on Peru's Congress.
"I consider these charges haven't been proven, neither in the military
nor the civilian
court,'' the 31-year-old former Massachusetts Institute of Technology student
said in a
closing statement hours before an expected verdict by the three-judge panel.
Berenson, who describes herself as a prisoner of conscience, was sentenced
to life
in prison for treason by a secret Peruvian military court in 1996. The
U.S.
government argued her secret trial was unfair. After years of pressure
the conviction
was overturned, and she was granted a new trial by a civilian court on
the lesser
charge of ``terrorist collaboration'' and ``illicit association.''
The prosecution has asked for a 20-year sentence.
There is little sympathy for Berenson in Peru, which still remembers the
bloody war
against leftist rebels that wound down in the early 1990s.
Justice Minister Diego Garcia Sayan said the government would respect the
verdict
and that Berenson would serve out any sentence in Peru -- dimming hopes
that she
could receive a presidential pardon even if she is convicted.
A spokesman for President-elect Alejandro Toledo, who takes office July
28, said
he had no immediate comment on whether he might consider a pardon. But
the
spokesman said Toledo might discuss the matter on a trip to the United
States next
week to seek economic aid.
Berenson has served more than five years in Andean jails after the military
convicted
her for allegedly plotting a thwarted raid on Congress by the Tupac Amaru
Revolutionary Movement, or MRTA.
Wednesday's proceeding capped a high-profile trial in which Berenson adamantly
proclaimed her innocence and criticized Peru's judicial system.
Berenson was led into the courtroom in San Juan de Lurigancho prison, flanked
by
two female guards in bulletproof vests. She wore a beige jacket and a gray
turtleneck, with wire-rimmed glasses perched on her nose. Journalists and
her
supporters filled the room.
After Berenson's 45-minute closing statement, Mark Berenson flashed a peace
sign
with his fingers and said he believed in his daughter's innocence.
``She loves Peru, she loves justice. If there is justice in this country,
this court will
acquit her,'' he said.
Mark Berenson and wife Rhoda, who both attended the hearing, have fought
a long
battle to free their daughter. They have made powerful allies in the U.S.
Congress.
Peru had hoped Berenson's retrial would showcase how much its justice system
has
improved since the end of President Alberto Fujimori's 10-year autocratic
rule in
November.
Fujimori declared emergency rule in the early 1990s to fight powerful leftist
guerrillas. He set up a system of hooded, anonymous military judges who
dished out
tough sentences to suspected guerrillas in trials widely criticized as
lacking due
process.
Berenson said she was used by Fujimori as a ``smoke screen'' to make himself
appear tough on terrorism.
``They used me as a symbol of political violence and of terrorism for more
than five
years,'' she said Wednesday. ``I did not deserve this type of label.''
Berenson complained that the civilian court was still applying the same
draconian
anti-terrorism laws decreed by Fujimori in 1992.
``This is a political trial,'' Berenson said. ``Where is the presumption of innocence?''
Peruvian prosecutors argue there is solid evidence of her guilt.
Berenson arrived in Peru after working as a personal secretary to a Salvadoran
rebel leader during peace negotiations that ended El Salvador's civil war
in 1992.
She has described herself as a social activist caught up in circumstances
beyond her
control.
Much of the prosecution's case rested on testimony from Pacifico Castrellon,
a
Panamanian who came to Peru with Berenson in late 1994.
Castrellon testified that he and Berenson met with, and took cash from,
MRTA
leaders in Ecuador before settling in Lima several weeks later. He said
one of the
contacts was Nestor Cerpa, the top MRTA commander.
Berenson, who denied the meeting ever took place, has acknowledged that
she and
Castrellon rented the house used by MRTA guerrillas as a hideout. But she
said she
did not know her housemates were rebels.
Prosecutors say Berenson posed as a journalist to enter Peru's legislature
several
times in 1995 to gather information. She was accompanied by Cerpa's wife,
who
acted as her photographer. Berenson, who was accredited by two left-leaning
U.S.
magazines but never published, insists she was researching articles about
women
and poverty.
Berenson and Cerpa's wife were arrested hours before a military assault
on a rebel
safehouse that left three rebels and one police officer dead.
Police say rebels had moved into the top floor of the house, where they
were
creating a plan to seize Congress and hold the members hostage in exchange
for
imprisoned comrades.
Berenson moved out of the house three months before her arrest and said
she knew
nothing about activities on the top floor of the house, where police discovered
8,000
rounds of ammunition and dynamite.
Other evidence allegedly seized from the house included a coded floor plan
of
Congress allegedly scrawled by Berenson. There was also a forged Peruvian
election ID card bearing her photo. She suggested they were planted by
police.
The MRTA is named for an Inca ruler who led an Indian revolt against the
Spanish
colonists in the 1730s. The group is blamed for the deaths of some 200
people since
it took up arms in 1984.