Right to Fair Trial

In 2001, Gerardo Hernandez, Ramon Labanino, Antonio Guerrero, Fernando Gonzalez, and Rene Gonzalez were convicted for espionage.^[1] On August 9, the 11th Circuit overturned the convictions, stating that there was no way the defendants could get a fair trial in southern Florida.^[2]

The defendants were arrested in 1998, and indicted for conspiring to act as agents of the Republic of Cuba without registering with the Attorney General of the United States and to defraud the United States, in violation of 18 U.S.C. § 951(a), and 18 U.S.C. § 371.^[3] The allegedly functioned as covert spies by gathering and transmitting information to Cuba concerning military installations and political activity. Three of the defendants were also charged with violating 18 U.S.C. § 794(a) & (c).^[4]

The decision to order a new trial in a different venue was

mandated by the perfect storm created when the surge of pervasive community sentiment, and extensive publicity both before and during the trial, merged with the improper prosecutorial references. … The community’s displeasure with the Elian Gonzalez controversy paled in comparison with its revulsion toward the BTTR shootdown.^[5] … If the effect of those inflamed passions is clear in an employment discrimination action against the agency which contributed to Elian Gonzalez’s removal and which failed to support the Cuban exiles’ position, it is manifest in a criminal case against admitted Cuban spies who were alleged to have contributed to the murder of “humanitarians” working to rescue rafters such as Elian Gonzalez.^[6]

Agents of Foreign Governments
18 U.S.C. § 951(a) states that it is a crime for a person to act as an agent of a foreign nation without prior notification to the Attorney General of the United States.

The punishment for violating section 951(a) is a fine, imprisonment for up to ten years, or both.

Conspiracy
We have covered conspiracy here.

Gathering or Delivering Defense Information
18 U.S.C. § 794(a) makes it a crime for a person, who has the intent to injure the United States or to benefit a foreign nation, to communicate, deliver, or transmit documents or information relating to the defense of the United States, to any foreign government or agent thereof.

The punishment for a violation of section 794(a) is the death penalty, or imprisonment for up to life.

18 U.S.C. § 794(c) covers conspiracies to violate section 794(a), which states that punishment for conspiring to violate section 794(a) will be the same as a completed violation of section 794(a).

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[1] Carl Jones et al, Cuban Spy Convictions Overturned, Nat. Law J., Aug. 15, 2005, available here. (Subscription required)
[2] Id. See also, U.S. v. Campa, 2005 U.S. App. LEXIS 16702, *1-*2 (11th Cir. 2005) (Nos. 01-17176, 03-11087)
[3] Campa at *3-*4.
[4] Id. at *4.
[5] One of the charges against the defendants is that they shot down a plane operated by “Brothers to the Rescue” which flew planes to search for rafters in the waters between Cuba and Florida.” See id. at *105-*106.
[6] Id. at *113-*114.