Will the U.S. hear Gerardo's arguments?

The international solidarity movement calling for the freedom of the five Cuban anti-terrorists imprisoned in the United States continues to follow the habeas corpus appeal initiated by Gerardo Hernández, one of the prisoners.

Gerardo Hernández Nordelo with Danny Glover during
a visit the actor made to see him in prison
Hernández, sentenced to two life terms plus 15 years and held in a Victorville, California maximum security penitentiary, filed the appeal on August 16 before the Miami court of Judge Joan Lenard, the same judge who sentenced all of the Five in 2001. The 65-page defense reply includes new arguments related to this specific legal option.

This reply was the most recent step taken after the government's response to the defense appeal memorandum, filed in October of 2010 in the Miami court.

Among the documents submitted by Gerardo's lawyers on this occasion are three appendices with a sworn statement by Attorney Paul McKenna, in which he admits that errors were made in Gerardo's initial defense.

Additionally addressed in another two documents is the payment of $250,000 to Miami journalists who were instructed to demonize the accused and create an environment which would ensure a guilty verdict.

The standard processing of Gerardo's case has legally ended, but the defense resorted to this extraordinary procedure which is available only once to defendants who have exhausted all other appeal options.

A habeas corpus appeal is filed by a defendant when he or she believes fundamental rights protected by the Constitution have been violated, asking the court to reconsider the sentence.

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