Judge denies bid to drop charges against anti-Castro Cubans
From Herald Staff and Wire Reports
SAN JUAN, Puerto Rico -- A judge trying six Cuban exiles for plotting
to kill
Cuban President Fidel Castro denied defense motions on Tuesday
to drop the
charge against five of the men after the prosecution rested,
but delayed ruling on
the sixth.
``There's . . . [enough] circumstantial evidence to continue the
trial of five
defendants, federal Judge Hector Laffitte said. But he said he
has ``doubts about
the evidence presented against Miami businessman Alfredo Otero,
62.
Defense lawyers routinely file motions to dismiss charges for
lack of evidence
after prosecutors wind up their case. But lawyers in this case
believed the
evidence of a conspiracy to kill Castro was so weak that they
stood a good
chance of winning Laffitte's agreement.
Laffitte's quick rejection means the jury of eight women and two
men will decide
the first U.S. prosecution of anyone accused of plotting to kill
the Cuban
president.
DEFENSE STARTS
Laffitte said he would rule on Otero anytime after the defense
starts presenting its
case today. Defense attorneys have said they plan to call 20
to 30 witnesses over
the next seven to 10 days.
Seven exiles stand accused of plotting to kill Castro when he
visited the
Venezuelan island of Margarita in 1997. Four were arrested in
Puerto Rico when
two powerful .50-caliber rifles were found hidden aboard their
Miami-registered
yacht, the Esperanza. Three others were indicted later.
Facing life in prison if convicted are Otero, Jose Antonio Llama,
Angel Alfonso,
Francisco Cordova, Juan Marquez, Angel Hernandez and Jose Rodriguez-Sosa.
All are from South Florida except Alfonso, who lives in New Jersey.
Llama is a
member of the Cuban American National Foundation's board of directors.
Marquez is not on trial because he suffers from cancer.
The evidence against Otero showed only that he had asked a Miami
ham radio
enthusiast to monitor a specific frequency for calls from the
Esperanza as it
sailed to Margarita, saying it had a bad motor and could break
down.
Defense lawyers say the men were indeed plotting to sail the Esperanza
to
Margarita, but only to stage peaceful demonstrations against
Castro and carry
away possible defectors from his entourage.
RIFLE MAKER
Prosecutors Miguel Pereira and Scott Glick wound up their case
Tuesday by
putting on the stand Ronnie Barrett, the manufacturer of the
.50-caliber rifles, to
testify about their deadly power and accuracy.
The 2-ounce bullets fired by the rifles can penetrate armored
cars and low-flying
aircraft, and can travel on a flat trajectory to targets as far
away as one mile
without being affected by cross winds.
Laffitte also rejected a prosecution request to keep the trial
from turning ``into a
political circus by requiring defense lawyers to hand over a
full list of their
witnesses. But he warned the defense that it will have to prove
that each witness
is pertinent to the case as he or she is called to the stand.
Defense lawyers are expected to try to call several witnesses
to testify that the
rifles were needed aboard the Esperanza because the Cuban armed
forces have
in the past shot down or rammed exile aircraft and boats.