|No evidence exists that Hernández had any advance knowledge whatsoever regarding Cuban Air Force shoot down of Brothers to the Rescue planes - inferences made at trial were "tragically, utterly false"|
|The Habeas Corpus Appeal of Gerardo Hernández, One of the Cuban Five|
| Machetera |
Attorneys for Gerardo Hernández, a Cuban citizen serving two consecutive life sentences plus 15 years in the maximum security wing of the US Federal Penitentiary at Victorville, California have filed his final appeal in the US legal system. The evidence supporting his right to a new trial is staggering.
Hernández is one of ten Cubans who, like the Russian agents arrested in the summer of 2010 in New York, New Jersey and Massachusetts, were arrested by the FBI in Miami in 1998 and charged with failing to register as agents of a foreign government, as well as conspiracy to commit espionage. Unlike the Russians, who were swiftly deported and never faced a trial, five of the arrested Cubans quickly pled guilty and were rewarded with reduced sentences and green cards, while the remaining five, including Hernández, were thrown into separate solitary confinement cells for nearly a year and a half to await their court date. All the evidence for, against, and irrelevant to their cases was locked away by federal authorities under cover of national security. The government’s manipulation of the evidence is one of the issues raised in the appeal.
The initial appeals process
Judge Phyllis A. Kravitch, US Eleventh Circuit Court of Appeals
Habeas Corpus Appeal
Media mischaracterization of the appeal
How the Miami Herald got it wrong
UN Security Council
Through the looking glass
It depends on what the meaning of “or” is
Document from ICAO Investigative Report which shows the flight path of BTTR planes on January 13, 1996, as they crossed into Cuban airspace to drop leaflets that would be carried over Havana and its southern outskirts (gray shading).
“A confrontation does not necessarily mean a shootdown.”
Richard Gere’s Cuban double
Too little too late
An invisible force
I would like to thank Nelson Valdés, Manuel Cedeño Berrueta and Manuel Talens for their assistance in the preparation and translation of this report.
 Gerardo Hernández, Movant, vs. United States of America, Respondent - Memorandum in Support of Motion to Vacate, Set Aside, or Correct Judgment and Sentence under 28 U.SC. § 2255, p. 79
 Ibid, p. 19
 Ibid, p. 37
 Ibid, p. 31
 Ibid, p. 83
 “Grain of salt” is likely to be a mistranslation of Hernández’s original Spanish language message. It is extremely improbable that Hernández would have written “granito de sal,” instead of “granito de arena,” which means “grain of sand.” The transcription of the Spanish language interview conducted with Hernández by Saul Landau confirms this.
 Ibid, Appendix B