U.S. Woman's Retrial Opens in Peru
By THE ASSOCIATED PRESS
LIMA, Peru (AP) -- The retrial of New York native Lori Berenson opened
Tuesday, this time in a civilian court, after a five-year campaign against
her
conviction on terrorism charges by a secret military court.
Berenson sat behind bars in a concrete cell facing a panel of three judges,
listening
intently as officials read the charges -- including ``terrorist collaboration''
for her
alleged role in a thwarted guerrilla plot to seize Peru's Congress.
Five years ago, hooded military judges convicted Berenson, a leftist activist,
for
treason in a secret trial that denied her any semblance of a defense and
sentenced
her to life.
The government hopes the retrial -- this time in public -- will demonstrate
judicial
fairness after the fall of ex-President Alberto Fujimori, whose administration
exercised tight control over the courts.
The prosecution is seeking the minimum 20-year sentence.
The charges, read in a courtroom in the San Juan de Lurigancho men's prison
outside the capital Lima, alleged that Berenson, now 31, arrived to Peru
in late 1994
as part of an international radical network to aid the Tupac Amaru Revolutionary
Movement.
She was accused of renting a house used by the rebels as a hide-out and
secret
training center and posing as a journalist with the wife of a top guerrilla
leader to gain
entrance into Congress to plan a takeover.
Her parents, Mark and Rhoda Berenson, sat in the front row, accompanied
by their
legal adviser, New York attorney Tom Nooter, and observers from Georgetown
University and the Argentina office of the Simon Wiesenthal Center.
Berenson, wearing a white blouse and long dark skirt, showed no emotion
as she
sat with two anti-terrorism police at either side.
``If she is behind those bars, already it makes her look guilty before
we start,''
Nooter said. ``She's like a caged animal behind bars before they've even
presented
any evidence against her. That is shocking.''
Rhoda Berenson clutched a cassette recorder, saying she would tape the
proceedings for translation later.
Berenson has denied she knew her house mates in 1995 were members of the
rebel
group, known by its Spanish acronym, MRTA, or that they planned to try
to take
over Congress to exchange hostages for jailed rebels.
The prosecution brought up Berenson's public pre-sentence declaration in
January
1996 in which she angrily shouted support for Peru's poor and declared,
``There are
no criminal terrorists in the MRTA. It is a revolutionary movement.''
After years of pressure from the United States, Peru's top military court
overturned
the conviction in August, paving the way for a new civilian trial on the
lesser
collaboration charge.
Berenson's lawyer, Jose Luis Sandoval, has said his client was duped by
the Tupac
Amaru guerrillas and said rebels scheduled to testify in the new trial
have altered,
recanted or disavowed alleged statements that had implicated Berenson in
the first
trial.
Oral testimony is expected to last at least 15 days. The three-judge court
could take
more than a month to reach its verdict by majority vote. Peru does not
have a jury
system. Under Peru's legal system the prosecution may appeal, meaning whatever
the outcome, the case will likely be decided in Peru's Supreme Court.