Cuban exiles' trial will not move to Miami
By JUAN O. TAMAYO
Herald Staff Writer
The trial of seven Cuban exiles accused of plotting to assassinate Fidel
Castro will
stay in Puerto Rico after all, according to the same judge who just last
month
ordered the case moved to Miami.
U.S. District Court Judge Hector Laffitte's ruling Monday, coupled with
the recent
arrest of one of the exiles on drug charges, were considered strong blows
to the
defendants' chances to avoid conviction.
``With one guy under pressure to cooperate with prosecutors and the Castro
case
going to a jury in Puerto Rico, not Miami, their future looks pretty bad,''
said one
U.S. law enforcement official who has taken part in the investigation.
``I am very disappointed because all the elements of a conspiracy that
the
government alleges took place here, so the case belongs here,'' said Manny
Vasquez of Miami, the defense lawyer for Francisco Cordova. ``But we'll
win in
Puerto Rico.''
The seven defendants, including Jose Antonio Llama, a director of the Cuban
American National Foundation, were the first ever charged in a U.S. court
with
conspiring to kill Castro.
Laffitte ruled Monday that ``upon further reflection and consideration,
the court
finds that the issue of venue . . . [was] not properly resolved by the
court's limited
inquiry'' before his first ruling on Jan. 12.
Defense attorneys can again challenge the venue if prosecutors fail to
prove any
links between the conspiracy to kill the Cuban president and acts carried
out by
the defendants in Puerto Rico, Laffitte added.
The seven exiles face life in prison if convicted on charges of plotting
to kill a
foreign government official, using a Miami-registered yacht in the alleged
conspiracy, and failing to report guns to the Coast Guard.
They were originally charged in Puerto Rico because four of the defendants
were
aboard the yacht Esperanza when the Coast Guard intercepted it and ordered
it
into a Puerto Rico port in 1997.
A search of the boat found two sniper rifles undeclared and hidden under
a
stairwell. One of the defendants later shouted that the guns were his and
that he
was on a mission to kill Castro during a visit to Venezuela.
A Puerto Rico grand jury months later indicted three other defendants,
including
Llama, 66, and the Llama-owned firm that owns the Esperanza. Six of the
defendants have homes in Miami, and the other lives in New Jersey.
Laffitte initially agreed with the defendants' request that the trial be
moved to
Miami, ruling that the alleged plot to kill Castro was ``hatched, nurtured
and
fledged'' in South Florida. Federal prosecutors immediately appealed his
ruling.
Changing the venue to Miami would have put the seven men before a jury
likely to
be sympathetic to the anti-Castro cause, and unlikely to vote to send them
to jail
for life for trying to kill a man they regard as a dictator.
``The struggle [against Castro] that has transpired over four decades is
better
understood in Miami than anywhere else,'' defense lawyer Jose Quiñon
said at the
time.
Crewing the Esperanza were Cordova, 50, a commercial fisherman from
Marathon Key; Angel Alfonso, 57, a textile firm manager from Union City,
N.J.;
and Miami businessmen Angel Hernandez Rojo, 64, and Juan Marquez, 61. They
could not be reached for comment Monday.
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.
The case took a twist last month when Marquez and his son, Juan Alberto,
26,
were arrested as part of a ring that imported 365 kilos of cocaine to South
Florida
and conspired to smuggle in another 2,000 kilos.
U.S. law enforcement officials revealed at the time that a Drug Enforcement
Administration tap of Marquez's phone had recorded conversations with another
Puerto Rico defendant about the yacht Esperanza.
The officials said they hoped that Marquez, facing the prospects of long
jail terms
for himself and his son, might feel under heavy pressure to begin cooperating
with
prosecutors in the Puerto Rico case.