Ten years ago, on May 25, 2001, the US Government took what was described as “the unprecedented step of petitioning” in the history of the United States: acknowledging the lack of proof to sustain the main charge of conspiracy to commit murder against Gerardo Hernandez for the downing of the aircrafts on February 24, 1996, prosecutors asked to withdraw it at the last minute.
They did so in an official document, an “Emergency Petition” to the Court of Appeals “for a writ of prohibition”, because “in light of the evidence presented in this trial, this [the instructions to the jury] presents an insurmountable hurdle for the United States in this case, and will likely, result in the failure of the prosecution on this count.”
But as far as those who call themselves “information media” it does not exist. In reference to this document Ricardo Alarcón, President of the National Assembly said: “I have inherited a certain tendency toward obstinacy from my Andalucian ancestors, and that’s why I carry it with me from time to time, because gypsies also believe in chance. You never know. Maybe one day someone will discover that this document exists.”
Fragments of the EMERGENCY PETITION FOR WRIT OF PROHIBITION FROM THE UNITED STATES DISTRICT COURT (May 25, 2001, pages 4 and 21).
The United States of America, faced with erroneous jury instructions that jeopardize national security and constructs nearly insurmountable barriers for a prosecution involving foreign agents, one of whom conspired to murder American citizens, takes the unprecedented step of petitioning this Court for a writ of prohibition … The United States files this petition fully aware of the numerous obstacles it must overcome.
(pags 4, 5)
…In light of the evidence presented in this trial, this presents an insurmountable hurdle for the United States in this case, and will likely result in the failure on the prosecution on this count.
In light of these cases, and the government’s proposed instruction regarding the actual location of the murders in this case, the government should not be required to prove that defendant Hernandez agreed that the murders would occur in the special maritime and territorial jurisdiction of the United States. The instructions as proposed by the United States with the additional element noted permit a finding by the jury that will support federal jurisdiction. The contrary proposition, urged by defendant Hernandez and accepted by the district court, imposes an insurmountable barrier to this prosecution in contravention of the established law in this area.
The Untold Story of the Cuban Five: It Happened in Miami, Ricardo Alarcón de Quesada