Faget defense: Spy case 'outrageous'
Prosecutors said Faget lied to the FBI and disclosed classified information.
BY DAVID KIDWELL
Attorneys for jailed immigration supervisor Mariano Faget angrily
told jurors in his
espionage trial Thursday the ``outrageous and slanderous'' case
was woven
together by frustrated FBI agents acting on ``perceptions, noninformation
and
innuendo.''
``They thought this man over here was a Castro agent!'' attorney
Ed O'Donnell
screamed in the courtroom, pointing to his client. ``They know,
they have to know
now, that's not true. Now they say he did it for money, influence
and access.
``That's where they are going now because they know they were dead wrong!''
Jurors listened Thursday through nearly four hours of closing
arguments in the
case before beginning deliberations at 1 p.m. At 4:30 p.m. they
quit until
Tuesday.
Faget, 54, a high-level Immigration and Naturalization Service
veteran with an
otherwise unblemished 34-year career, faces about five years
in federal prison and
the loss of this $47,000-a-year pension if convicted.
Faget admits he lied to the FBI and that he disclosed classified
information
without permission -- two things that lay the foundation for
the government's case.
Where the two sides differ is on his motive.
Faget says he did it to protect a lifelong friend and business
partner. Prosecutors
say he did it for greed, and to court favor with Cuban officials
he viewed as
prospective business contacts.
SMOKE SCREEN
Federal prosecutor Richard Gregorie urged the 11-woman, one-man
jury --
including six jurors of Cuban descent -- to look through ``the
smoke'' being thrown
by O'Donnell.
``Ladies and gentlemen, the crimes are right there in front of
you on tape, it
couldn't be more clear,'' Gregorie said, referring to secretly
recorded FBI
videotapes of Faget's disclosures. ``Don't let him deceive you.
This whole case is
about deception.''
Federal agents suspected Faget since they spotted him meeting
with a Cuban
Interests Section official at a Miami airport bar more than a
year ago. They
arrested him in February after they ran a sting operation, called
a ``dangle.''
On Feb. 11, FBI Special Agent in Charge Hector Pesquera made an
unprecedented appearance in the INS office of Faget to ask for
help preparing
immigration documents in a ``highly sensitive'' and top secret
Cuban defection.
`KNOWN OFFICER'
The defector was identified as Luis Molina, one of two ``known
Cuban intelligence
officers'' seen meeting alone with Faget at two different Miami
nightspots over the
past year.
``Let me tell you something,'' Faget told Pesquera while cameras
rolled. ``I don't
know if this is going to make a difference, I've met this guy
before. . . . He was at
the Interests Section in Cuba, in Washington, D.C., and I went
to a dinner here
one day and he happened to be there.''
``That's it?'' Pesquera said. ``That's your only contact with him?''
``That's the only contact.''
According to prosecutors, that was the first in a long succession
of lies told by
Faget. He's charged with two. The other alleged lie came in May
1998 when he
denied any ``foreign business contacts'' on his reapplication
for a security
clearance.
At the time, Faget was secretary and vice president for a company
called
America Cuba, Inc. formed in 1993 to act as a conduit for American
retailers
looking to enter Cuba after the fall of Fidel Castro's communist
regime.
Faget argues the lie to Pesquera was immaterial, that he voluntarily
disclosed the
relationship, and that America Cuba is a Florida corporation
that had done no
business at all -- let alone in a foreign country.
Within 12 minutes after Pesquera ``dangled'' the bogus defection
secret, Faget
telephoned his longtime friend and America Cuba parter Pedro
Font. Font was set
to meet that day with another Cuban Interests Section official
they both knew,
Jose Imperatori.
Faget argues his motive was to warn Font to be wary, not so Font
could pass
along the secret. Prosecutors argue Faget intended the secret
to curry favor with
Font, and in turn Cuban officials.
``It's not a defense in this case, it's just an excuse,'' prosecutor
Curt Miner told
the jurors.
Prosecutors argue that if Faget were innocent, he would have informed
the FBI
about his concerns for Font's safety.
O'Donnell argues it was the FBI that was deceitful by not considering
Faget's 34
years of loyalty and his family's ardent anti-Castro history.
``Not one file Mr. Faget has ever touched has ever been compromised
in any way
and they know it,'' said O'Donnell.