The Miami Herald
January 9, 1999

             Castro notion of U.S. trying alleged smugglers `unrealistic'

             By DAVID KIDWELL and RICK JERVIS
             Herald Staff Writers

             Cuban leader Fidel Castro's idea to empty his prisons of U.S. residents caught
             smuggling Cubans on the condition they be prosecuted here was called ``far
             fetched'' and ``unrealistic'' by U.S. government sources Friday.

             But federal sources also acknowledge a recent atmosphere of growing
             cooperation with Cuban authorities -- including the exchange of intelligence
             information and the use of Cuban authorities as witnesses at trial.

             Cuban exile groups and their elected supporters condemn such cooperation,
             calling it a partnership with a ``gangster regime,'' but there is much support from
             families of those who have spent time in Cuban prison and welcome the help.

             ``It's better to bring them here,'' said Lourdes Mena, wife of Hugo Portilla, who
             spent 2 1/2 years in Cuban prison on charges of smuggling people. ``Over there,
             there are no lawyers; you can't defend yourself. My husband had no
             representation. He was in prison and I couldn't see him. It wasn't easy.''

             Mena, whose husband was captured in 1993 after he tried to pick up Mena and
             15 other Cubans in a speedboat from Miami, said Portilla lost 90 pounds in
             prison. Three teens were shot and killed by the Cuban coast guard as they swam
             toward the boat.

             Castro's latest proposal to build a diplomatic bridge over the Florida Straits is not
             likely to win acceptance.

             Although U.S. authorities said they would accept imprisoned U.S. citizens and
             would consider taking others with legal U.S. residency, they said it is impossible to
             promise dozens of prosecutions based on evidence compiled from Castro's
             communist regime.

             ``We would have to make our own cases, with our own independent
             corroboration of evidence,'' said one state department official. ``We need
             information, and the Cuban government has not provided it in any way, shape or
             form.''

             Said one Justice Department source: ``We don't even take evidence from our own
             agencies on faith, let alone from Fidel Castro. I don't see any way we would take
             these cases.''

             But such cooperation between Cuban and U.S. authorities is not without
             precedent in recent years.

             Despite an outcry from Cuban exile groups, four Cuban officials were flown to
             Miami in 1997 to testify at the trial of a freighter crew after U.S. authorities chased
             the vessel with 6,000 kilograms of cocaine into Cuban waters. The boat captain
             was convicted and is serving 28 years in prison.

             Evidence from Cuba was also central in the Tampa trial of three Cubans who
             commandered a Cuban airplane to escape the island. The three were found not
             guilty.

             In a speech Wednesday to 5,000 members of Cuba's law enforcement
             community, Castro suggested a far more sweeping cooperation -- an idea
             welcomed by families of those who have served time in Cuban prison.

             ``Since they are residents of the United States, we are willing to return them to be
             punished there, in their courts,'' Castro said. ``We believe [the U.S.] must judge
             them. We need the room in our prisons for drug traffickers.''

             Cuban exile groups argue any information provided by Cuba is tainted.

             ``It's a legal monstrosity to even consider it,'' said U.S. Rep. Lincoln Diaz-Balart,
             R-Miami. ``A system that abides by the rule of law cannot cooperate with a
             gangster regime.''

             But federal authorities say informal cooperation with Cuban authorities has led to
             many successful prosecutions, from drug smuggling to alien smuggling to piracy.

             ``When the Cuban border guards call the Coast Guard to tell them a shipment of
             drugs or aliens is on its way to the Florida coast, we can't ignore that,'' said one
             federal law enforcement official. ``It's not common, but it's not exactly rare either.''

             Only recently, however, have federal prosecutors been calling on Cuban
             authorities as witnesses.

             ``It's suspect from the outset,'' said Philip Horowitz, a Miami lawyer who
             represented one of the crew members convicted in Miami on evidence confiscated
             in Cuba. ``For instance, when the DEA finds dope, they have to put it in a locked
             evidence locker.

             ``The Cubans put the dope in a jail cell sealed with string and ceiling wax,'' he said.

             State Department authorities say the issue is not whether the prisoners should be
             released, but Castro's ``unrealistic'' condition that they be prosecuted in the United
             States.

             ``We are stepping into a void here, and we have no information,'' said one State
             Department official. ``We don't know how many. We don't know the cases. We
             don't even know any names. I can tell you whatever we do will be based on U.S.
             law.''

             Because families are often encouraged to keep quiet for fear of angering the
             Cuban government, no accurate lists exists of those imprisoned in Cuba for
             smuggling people off the island. And Cuba reports to the United States only the
             arrests of U.S. citizens.

             Since most arrested on people-smuggling charges are Cuban exiles, they are still
             considered by Cuba to be citizens of the island.

             A review of Herald newspapers for the past five years found 13 South Florida
             residents who were arrested on such charges and never reported released. Cuban
             exile groups estimate there could be dozens more.

                                 CHRONOLOGY

             Since 1993, The Herald has reported 15 arrests of Miami-Dade residents charged
             in Cuba with smuggling people off the island. At least two have since been
             released.

               July 1, 1993: Hugo Portilla, 40, of Miami and Ricky Hoddinott, 33, of Stock
             Island are jailed after Cuban authorities open fire on the 30-foot speedboat
             Midnight Express after it slipped into Cojimar Harbor to pick up would-be
             refugees. Three Cubans are killed and more than 20 wounded in the hail of gunfire.

             Hoddinott, who was an immigrant in the 1980 Mariel boatlifts, is released the
             following October. Portilla, a Cuban citizen who escaped the island in 1992, is
             released after 2 1/2 years in prison.

               July 2, 1993: Four Cuban exiles -- David Barrios Martinez, Jose Javier
             Gutierrez Mojena, Jesus Antonio Rodriguez Llanes and Aurelio Martin Gonzalez
             -- are captured and arrested by Cuban authorities aboard the 36-foot Scorpion
             just six hours after a fusillade of bullets killed three people and wounded 10 others
             on another boat attempting to flee the island.

               July 5, 1993: Cuban authorities announce the arrests of Jose Maria Garcia
             Vega, Ernesto Wilfredo Bourzac Nieto and Jose Fari Groua -- three Cuban exiles
             from Miami -- after their speedboat runs aground east of Havana in an apparent
             effort to pick up family members.

               Jan. 6, 1994: Felix Lima and Argelio Chaviano are imprisoned in Cuba on
             charges of illegal smuggling after a failed attempt to smuggle their families off the
             island in a borrowed boat.

               Aug. 9, 1998: Ramon Diaz, 39, and Jorge Rodriguez, both of Hialeah, leave
             Miami for a Bahamas fishing trip and never return. Cuban authorities announce
             they are in custody and their boat seized on suspicion of smuggling Cubans.

               Aug. 16, 1998: Two Hialeah men are reported missing after failing to return
             from a 24-hour fishing trip to the Bahamas. Several days later, Cuban authorities
             tell the United States that Emanuel Hernandez, 60, and Jorge Mateos, 40, were
             arrested and their boat seized on suspicion of smuggling Cubans.