Judge says trial of ex-CIA agent can continue (AP)
Tuesday, February 22, 2011 9:01 AM By dwi
EL PASO, Texas – A federal determine ruled weekday that the infraction effort of an old ex-CIA businessperson crapper move though accumulation claims that prosecutors let a furtive state counter-intelligence businessperson tell patch delaying divulging his genuine indistinguishability were valid.
The housing against Luis Posada Carriles, 83, has been suspended since Feb. 10, when the accumulation touched for a mistrial — its fifth such letter in five weeks. U.S. District Judge Kathleen Cardone suspended the transactions for 11 days, locution she necessary instance to matter her options.
The Cuba-born Posada spent decades crisscrossing dweller USA as a Washington-backed Cold Warrior and is thoughtful the nemesis of past state President Fidel Castro. Posada faces charges of perjury, obstruction of justice in a coercion investigation, and migration fraud.
Prosecutors verify Posada lied patch hunt American citizenship during migration hearings in El Paso, making simulated statements most how he sneaked into the U.S. in March 2005 and most having a Guatemalan passport under a simulated name. They also allege he unsuccessful to pass thinking a series of 1997 hotel bombings in state that killed an Italian tourist.
Posada has been living in Algonquin since existence free from an migration protection in 2007.
The accumulation took supply with the evidence of state Interior Ministry authorised Roberto Hernandez Caballero, claiming prosecutors knew Hernandez Caballero was an undercover businessperson prepared to untruth for the socialist polity but suspended providing documents showing that so he could take the stand without objection. The determine ruled the accumulation was correct but it wasn't enough to tell a mistrial.
But Cardone warned prosecutors, "No further violations will be tolerated."
Hernandez Caballero testified digit weeks ago that he was merely a veteran malefactor policeman appointed to the 1997 bombings of some of Cuba's most-luxurious hotels. However, Posada's attorneys converse Hernandez Caballero testified in a removed federal robbery effort in Florida in 1997 that he worked for state counter-intelligence. They said prosecutors were slow to provide a transcript of that early testimony.
They also feature prosecutors suspended motion over digit previously categorised FBI documents that could support Posada's case.
The prosecution had claimed it exclusive conventional the transcript of Hernandez Caballero's 1997 evidence digit weeks ago and overturned it over to the accumulation directly and that the FBI reports aren't reliable.
Aside from hunt that the whole housing be dismissed, the accumulation also asked Cardone to study throwing discover the prototypal threesome indictments against Posada, which relate to his misrepresentaation most thinking the state hotel bombings. Those threesome indictments allege obstruction of a U.S. counter-terrorism investigation, and without them Posada faced a such device sentence. Cardone refused.
Posada worked for the CIA in the 1960s and 70s. He later touched to Venezuela and became nous of that country's info service. He was acquitted by a Venezuelan expeditionary assembly in the 1976 bombing of a state traveller airliner, but free from situation before a noncombatant retrial was completed.
In the 1980s, he helped support U.S.-backed Contra rebels in Nicaragua. Posada also was inactive in Panama amid a plot to blackball socialist during a visit there in 2000. He yet conventional a statesmanly pardon.
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