On July 6, 2012, the Florida prosecutor sent to the Miami court his opposition to the motion presented by attorney Martin Garbus, representing Gerardo Hernández Nordelo, in which he asked for an oral hearing and delivery of additional evidence by the government which would permit deepening the issue of the journalists who were paid with Federal money and acted before and during the trial of the Five for the purpose of creating what the panel of the 11th Circuit Court of Appeals in Atlanta described in 2005 as “a perfect storm of prejudice and hostility”.
In an obviously evasive maneuver, the Government tries to argue that the facts presented by the defense are not as they are and therefore it is not necessary to seek further information to clarify them. In other words, the prosecutor tells Judge Joan Lenard that the claim of the defense about the conduct of the “journalists” that she herself even admitted at trial managed to intimidate and harass the jury, is just a conspiracy theory and widespread speculation.
In its statement, the prosecutor warns that it could resort to “executive privilege” and the Law on Classified Information Protection Act (CIPA) for not acceding to the request, which is to admit their willingness to continue hiding and manipulating evidence.
In a brief final paragraph the Prosecutor also opposes the hearing requested by Gerardo.
One wonders what the Government fears. Why not allow the Five and particularly Gerardo, who is serving two life terms plus 15 years in prison, to have all the information they need to defend against the unjust and absurd sentences that were imposed on them.
[Ed. note: the defense is in the process of preparing a reply to the government’s response]