Guilty verdict expected in American woman's terrorism trial in Peru
LIMA, Peru (AP) -- Lori Berenson, battling for freedom after more
than five years in a Peruvian prison, this week has one last chance
to convince judges she had no role in a terrorism plot by leftist rebels.
The three judges are widely expected to deliver a guilty verdict against
the
31-year-old New York native. Peru had hoped the three-month retrial would
show off its improved justice system, but Berenson supporters have
dismissed it as a sham.
It took years of pressure from the United States to win a civilian retrial
on lesser
charges for Berenson, who was handed a life sentence for treason in 1996
by a
secret military court that allowed her hardly any legal representation
and no chance
to cross-examine witnesses.
Since the non-jury retrial began March 20, Berenson has been grilled by
judges
on charges she helped the Tupac Amaru Revolutionary Movement, or MRTA,
in
a plot to seize Peru's Congress. She has consistently denied any role.
On Wednesday morning, Berenson makes her closing argument to the judges,
who are expected to render their verdict the same afternoon. Prosecutors
are
seeking a 20-year prison sentence.
"There has been no presumption of innocence," Berenson's mother, Rhoda,
said
during an interview in the high-rise apartment she and her husband rented
in
Lima for the duration of the trial.
"The bottom line is there's no hard evidence and even the circumstantial
evidence is just that, circumstantial," she said.
Berenson's supporters say that even in the second trial, the courts have
offered
her little justice -- despite Peru's insistence its justice system has
improved since
the fall of ex-President Alberto Fujimori's autocratic regime last November.
Supporters point to the fact that Berenson has been retried under the same
draconian anti-terrorism laws decreed by Fujimori in 1992 during a state
of
emergency, which the Inter-American Court of Human Rights ruled invalid
two
years ago and ordered repealed.
"The judges acted like prosecutors," said Defense lawyer Jose Luis Sandoval.
Sandoval said it would be up to the judges whether to sentence her under
the
pre-1992 law, which carries a minimum 10-year prison sentence. He promised
to appeal any conviction to Peru's Supreme Court and the Inter-American
human rights court, the legal arm of the Organization of American States.
Berenson was tried for "illicit association" and "terrorist collaboration."
The judges have greeted Berenson's arguments with skepticism, even open
indignation. Berenson says she had no idea that her roommates in the house
she
rented in 1995 were guerrillas.
In one heated exchange, presiding magistrate Marcos Ibazeta spoke of a
"spider
web of coincidences" that he argued linked her to the MRTA.
Sandoval tried unsuccessfully to have Ibazeta removed from the case. He
accused Ibazeta of bias and of being linked to Fujimori's fugitive intelligence
chief, Vladimiro Montesinos, who he argued used Berenson as a political
pawn
for leverage with the United States.
The Berensons have made powerful allies in the U.S. Congress, who have
lobbied for their daughter's humanitarian release after she spent most
of the last
five years in a frigid Andean prison.
But Peruvian human rights groups have kept their distance from Berenson's
cause.
"Nobody who has followed the trial at all has a doubt she had some kind
of
involvement with the MRTA, and specifically with the plan to take over
the
Congress," said Robert Meza, a staff attorney with Peru's Legal Defense
Institute, a human rights organization that has monitored the trial.
Berenson had a long history of leftist activism in Latin America before
she came
to Peru in 1994. She served as personal secretary to a top Salvadoran guerrilla
commander during peace talks that ended El Salvador's 12-year civil war
in
1992.
The key witness against her, Pacifico Castrellon, a Panamanian, testified
that he
and Berenson received money in Ecuador from MRTA's top commander,
Nestor Cerpa. Sandoval argued that Castrellon offered false testimony to
help
his own legal situation.
Prosecutors say Berenson posed as a journalist, accompanied by Cerpa's
wife,
who acted as her photographer, to enter Peru's legislature several times
in 1995
to gather information. Berenson, who was accredited by two left-leaning
U.S.
magazines, but never published, insisted she was researching articles about
Peruvian women and poverty.
Berenson and Cerpa's wife were arrested together on a bus hours before
an
11-hour siege of the safehouse, in which three rebels and one police officer
died
and 14 guerrillas were captured.
Most Peruvians, who were caught in the cross fire of guerrilla violence
during
the 1980s and early 1990s, are unsympathetic to Berenson. Many remember
her
public pre-sentence declaration in January 1996, when she angrily screamed,
"There are no criminal terrorists in the MRTA. It is a revolutionary movement."
Copyright 2001 The Associated Press.