The Miami Herald
January 13, 1999
 
 
Castro death-plot trial moved to Miami
 

             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.
 

 

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