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Appeals Court Reverses Cuban Spies Conviction

By Jeralyn, Section Court Decisions
Posted on Tue Aug 09, 2005 at 05:32:42 PM EST
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The 11th Circuit Court of Appeals today reversed the convictions of five Cuban spies on venue grounds.

A federal appellate court has overturned the convictions of five accused Cuban spies Tuesday, ruling they could not get a fair trial in Miami because of extensive pretrial publicity.

The ruling means that the defendants' life sentences are overturned. The 11th Circuit Court of Appeals in Atlanta ordered a new trial after agreeing with defense attorneys who argued that prejudice against Fidel Castro and his communist government in Miami impeded them from getting a fair trial, which resulted in convictions in 2001.

The decision will be very unpopular in Miami's Cuban exile community. The Southern District of Florida blog has more on the decision. The full text of the 93 page opinion is available here.

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    Appeals Court Reverses Cuban Spies Conviction | 3 comments (3 topical)
    Re: Appeals Court Reverses Cuban Spies Conviction (none / 0) (#1)
    by Randinho on Sat Dec 17, 2005 at 01:02:08 PM EST
    What I don't understand is why they didn't try to get a change of venue in the first place. If they tried to and it was denied, why didn't they appeal all the way to the 11th Circuit?

    Re: Appeals Court Reverses Cuban Spies Conviction (none / 0) (#2)
    by Che's Lounge on Sat Dec 17, 2005 at 01:02:09 PM EST
    Randy, I'm not sure what you mean? They petitioned for a COV five times.

    Re: Appeals Court Reverses Cuban Spies Conviction (none / 0) (#3)
    by Randinho on Sat Dec 17, 2005 at 01:02:12 PM EST
    CL, It just seems odd to me that the 11th Circuit would not grant a COV before the trial and then wait until the appeal to do so.

    Appeals Court Reverses Cuban Spies Conviction | 3 comments (3 topical)