What kind of justice could accused spies in Cuba expect? Certainly nothing like the process affording a vigorous defense and civil-rights protection to the five men accused of spying for Cuba on trial in Miami's federal court.

Federal agents arrested the group in September 1998 claiming that they were part of a Cuban spy ring called Red Avispa, or Wasp Network. Alleged ring leader Gerardo Hernández faces the most serious charge: conspiracy in the 1996 murder of the four Brothers to the Rescue fliers.

Four of the accused have private criminal-defense lawyers appointed and paid for by the court; the fifth was assigned a public defender. Though paid by public dollars, their aggressive defense leaves no doubt that they work independently and in behalf of their clients' interests.
SO-CALLED DEFENSE

What kind of defense could alleged spies expect in Cuba? Little to none. In theory the accused have a right to an attorney. In reality mounting a vigorous defense, particularly in a state-security trial, would be politically incorrect and a career killer.

In the Miami trial, however, defense attorneys have petitioned for, and the judge has granted, a number of continuances and permission to interview potential witnesses in Cuba. Jury selection took nearly two weeks in a painstaking effort to get impartial jurors, and no Cuban American now sits in judgment.

The Miami trial is expected to run through March, as federal prosecutors and defense attorneys both will have ample opportunity to present their arguments. Media -- beholden to neither court nor government -- are covering proceedings. The public, too, has free access to the open trial.

The process would be much simpler in Havana. Forget jury selection. There are no juries. The accused likely would meet their lawyers the day of the trial. Foreign and independent journalists are barred from proceedings, leaving the regime-controlled media to spin coverage. Continuances and other complicated petitions wouldn't be a problem. Politically sensitive trials, such as the one where the celebrated dissidents of ``The Group of Four'' were convicted of sedition, are over in one day.

Unless, of course, Cuba's police state wants a show trial. Proceedings then can last days and be televised, and foreign media are welcome. That was the case in the 1989 drug-trafficking trial of Gen. Arnaldo Ochoa and the 1999 trial of Salvadoran Raúl Ernesto Cruz León for hotel bombings. Both were sentenced to death.
NO FIX HERE

Today in Miami, still in the middle of the spy-case proceeding, there's no telling what the jury ultimately will decide. Our justice system presumes even accused spies innocent until proven otherwise.