But instead of working to combat terrorist plots in the United States against Cuba, the U.S. government arrested the Five and charged them with conspiracy to commit espionage and conspiracy to commit murder. They were convicted in a Miami court in 2000 and sentenced to four life terms and 75 years collectively.
"Conspiracy has always been the charge used by the prosecution in political cases," Weinglass said. "In the case of the Five, the Miami jury was asked to find that there was an agreement to commit espionage. The government never had to prove that espionage actually happened. It could not have proven that espionage occurred. None of the Five sought or possessed any top secret information or U.S. national defense secrets," Weinglass added.
A three-judge panel of the 11th U.S. Circuit Court of Appeals unanimously overturned their convictions in 2005, ruling that the Five could not get a fair trial in Miami due to pervasive anti-Cuba sentiment there. Nevertheless, the 11th Circuit, sitting en banc, upheld the convictions.
But, Weinglass stated, "It is inexplicable that the longest trial in the United States at the time it occurred, hearing scores of witnesses, including three retired generals and a retired admiral, as well as the president's adviser on Cuban affairs (all called by the defense) and a leading military expert from Cuba, all the while considering the dramatic and explosive 40-year history of U.S.-Cuba relations, did not qualify for any media attention outside of Miami."
Weinglass was in Cuba, working on the case, when he was diagnosed with cancer. He continued to work for the freedom of the Five until his death in March 2011. Two of the Five were released after long prison sentences. The remaining three were freed as part of the historic agreement between Cuban President Raul Castro and President Barack Obama in December 2014.
On a visit to Cuba in 2015, Guerrero told me he was overwhelmed with sadness at Weinglass' death. "He was my brother," Guerrero said.
Weinglass' close friend Susan Schnall said, "His personal, political and professional life combined to be an inspiration to all who knew him." She described Weinglass as "meticulous, tireless, dedicated and brilliant when defending his clients. Even as he got older," she added, "he got reinvigorated and refreshed after spending 16-hour days pouring through boxes and boxes of trial files on behalf of his clients." In the spring of 2010, Weinglass wrote to her, "Having accomplished something is really all I need to work past exhaustion."
Tobocman's unique book is required reading for all who seek to learn about the remarkable legal career of Leonard Weinglass. It also provides a valuable history lesson of people's struggles that will inspire a new generation of political activists as we face the daunting task of resisting Donald Trump's dangerous, frightening, mean-spirited, downright cruel agenda.
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