The Miami Herald
March 1, 2001

Expert: Brothers had previously ignored warnings about airspace

                                      The accused spy's defense portrays the shoot-down by
                                      Cuba as justified.

                                      BY ALFONSO CHARDY

                                      Brothers to the Rescue repeatedly violated Cuban airspace
                                      and air traffic control zones despite numerous warnings by
                                      Cuba prior to the day of the shoot-down of two Brothers
                                      planes five years ago, a government witness acknowledged
                                      in court Wednesday.

                                      Testimony by aviation expert Charles Leonard, in almost five
                                      hours of intense defense questioning, clashed with some of
                                      his earlier statements to prosecutors in which he painted a
                                      more sinister picture of Cuba's actions Feb. 24, 1996, the
                                      day of the shoot-down in which four people died.

                                      On Monday, Leonard said that by shooting down the planes,
                                      Cuba had ignored its own and internationally recognized
                                      procedures because it failed to warn the planes before a MiG
                                      blasted them.

                                      But in answers to Paul McKenna, defense attorney for lead
                                      defendant Gerardo Hernández, Leonard acknowledged Cuba
                                      had repeatedly warned the United States -- and the United
                                      States had relayed those warnings to Brothers -- that planes
                                      might be downed if they persisted in ``provocative'' flights.

                                      McKenna's detailed cross-examination for the first time
                                      exposed jurors to the most comprehensive outline of the
                                      Cuban government's perspective: That the shoot-down was
                                      justified because the Brothers planes ignored warnings to
                                      stop invading Cuban airspace.

                                      ``Isn't it true, sir, that Brothers to the Rescue planes ignored
                                      warnings and entered an area that was activated as a danger
                                      area?'' McKenna asked Leonard.

                                      ``They entered that area, yes sir,'' Leonard replied.

                                      McKenna then asked whether a ``sane'' pilot would fly into
                                      such an area after hearing such warnings.

                                      ``They'd do so at their own risk,'' Leonard replied.

                                      ``So,'' McKenna added, ``your normal, cautious pilot would
                                      not fly to such area?''

                                      ``It'd be more prudent to avoid it -- if you could,'' Leonard
                                      concurred.

                                      The cross-examination also served as a preview for the
                                      defense case, which is expected to start Monday. Federal
                                      prosecutors told U.S. District Judge Joan Lenard they intend
                                      to rest their case today or Friday.

                                      Five defendants are fighting charges of spying for Cuba.
                                      Hernández is specifically charged with conspiring to
                                      facilitate the shoot-down. Defense attorneys do not dispute
                                      that their clients worked for Cuba. But they told jurors in
                                      opening statements that the defendants spied to protect
                                      Cuba from exile ``terrorists.''

                                      In his opening statement, McKenna pointed to Brothers'
                                      leader José Basulto because he ignored repeated warnings
                                      not to violate Cuban airspace.

                                      In his cross-examination Wednesday, McKenna stuck to
                                      that line and got Leonard to acknowledge that Basulto and
                                      other Brothers pilots repeatedly flew into Cuban airspace to
                                      drop anti-government propaganda or into designated danger
                                      zones.

                                      McKenna also used passages in a 94-page report by the
                                      U.N.'s International Civil Aviation Organization to get Leonard
                                      to acknowledge the veracity of Havana's warnings.

                                      McKenna read sections quoting Cuban diplomatic notes to
                                      the U.S. State Department dating from 1995 in which
                                      Havana warns that planes that violated Cuban airspace
                                      would be shot down. McKenna also read passages
                                      indicating that U.S. authorities relayed these warnings to
                                      Brothers.

                                      Leonard acknowledged that a Cuban air-traffic controller on
                                      the day of the shoot-down warned Basulto and other pilots
                                      that they were in the danger zone.

                                      But instead of heeding the warning, Basulto gave the
                                      air-traffic controller a speech asserting his ``right'' to be in
                                      the area as a ``free Cuban.''

                                      ``Is that the normal way to deal with air traffic control?''
                                      McKenna asked.

                                      ``I don't think it was egregious, but it was not good,'' Leonard
                                      replied.

                                      But when McKenna asked Leonard if Cuba had delivered a
                                      fair warning about the shoot-down that Brothers deliberately
                                      ignored, Leonard disagreed.

                                      ``[The Cubans] had other options,'' Leonard said.