By JUAN O. TAMAYO
Herald Staff Writer
In a triumph for seven Cuban exiles accused of plotting to assassinate
Fidel Castro,
a federal judge in Puerto Rico on Tuesday ordered their trial moved to
Miami.
The move appeared to provide the defendants with a venue where jurors might
be
more sympathetic to their cause.
``The struggle [against Castro] that has transpired over four decades is
better
understood in Miami than anywhere else, said an elated defense lawyer Jose
Quiñon. ``Nothing like it! Home, sweet home!
The defendants, including Jose Antonio Llama, a director of the Cuban American
National Foundation (CANF), were the first ever charged in a U.S. court
with trying
to kill the Cuban president. They face life in prison if convicted.
Their prospects brightened considerably when U.S. Judge Hector Laffitte
in San
Juan approved their motion for a change of venue, saying the alleged plot
``was
hatched, nurtured and fledged in South Florida.
All have pleaded innocent to the charges.
``Understandably, this is a very difficult venue for securing a conviction
for so-called
freedom fighters,'' said former U.S. Attorney Kendall Coffey. ``I had some
convictions, but some acquittals that defied all reason.''
Miami jury consultant Sanford Marks agreed.
`It would be pretty hard to convict Cuban Americans for anti-Castro activities
in this
community,'' he said.
Laffitte ruled that the charges were filed in Puerto Rico only because
four of the
defendants were aboard the yacht Esperanza when the Coast Guard intercepted
it in
1997 and ordered it into a Puerto Rican port.
Sniper rifles found
A search of the yacht found two sniper rifles hidden under a stairwell.
When the
four were arrested, one shouted that he was on a mission to kill Castro
during a visit
to the Venezuelan island of Margarita.
A federal grand jury in Puerto Rico later indicted three other defendants,
including
Jose Antonio Llama, 66, a CANF director and owner of the Esperanza. Six
of the
defendants have homes in Miami, and the other lives in New Jersey.
Laffitte ruled that two of the seven counts in the indictment -- the plot
to kill Castro
and using the yacht in the conspiracy -- allegedly took place entirely
in South Florida
and should never have been filed in Puerto Rico.
Defense request
He ordered the counts moved to Miami only because the defense requested
the
change of venue, the judge added, but could have thrown out the charges
altogether
and forced Pereira to seek new indictments in Miami.
The other five counts, involving the transfer and failure to declare the
sniper rifles,
could be tried in San Juan but will be transferred to Miami also to spare
both sides
the cost of separate trials, the judge said.
Justice Department officials in Washington said they were studying Laffitte's
ruling
to decide whether to appeal it. Quiñon called it ``a courageous
ruling.
The defendants' motion for a change of venue to Miami had accused Pereira
of
shopping for a friendly venue by filing the seven charges in San Juan instead
of
Miami.
Focus on evidence
Newspapers in Puerto Rico had speculated that jurors there would be more
likely to
focus on the evidence in the case and put aside any considerations for
or against
Castro's Communist government that could sway Miami jurors.
The Esperanza crewmen were Angel Alfonso, 57, a textile firm manager from
Union City, N.J.; Francisco Cordova, 50, a commercial fisherman from Marathon
Key; and Miami businessmen Angel Hernandez Rojo, 64, and Juan Marquez,
61.
None could be reached for comment Tuesday.
Charged later were Llama, who owns a Miami air conditioner export business,
Miami lumber dealer Jose Rodriguez, 61, and Alfredo Otero, 62, described
in court
papers as running a Miami boat yard. Also indicted was Nautical Sports,
the
Llama-owned firm that bought the Esperanza in 1995.
Quiñon, who is defending Otero, said it will take several weeks
to transfer the case
to Miami and set a trial date.
Copyright © 1999 The Miami Herald