``We're all standing around like a bunch of idiots with literally
nothing to do right now,'' said Paul McKenna, defense attorney for alleged
ring mastermind Manuel ``Giraldo'' Viramontes. ``The government has made
these broad allegations, and it appears we're not going to see any actual
evidence for quite some time.''
All 10 suspects are being held in federal detention without bail on
charges of conspiracy and failing to register as a foreign agent.
Federal prosecutors Caroline Heck-Miller and Guy Lewis are expected to
file a motion this week seeking to keep certain records secret for
national security interests, Heck-Miller said during a hearing Monday. At
the same hearing, eight of the 10 suspected spies pleaded not guilty
before U.S. Magistrate William Turnoff.
Even the motion itself, defense attorneys said, will be held under
seal.
``It's kind of ironic,'' McKenna said. ``I've got to go explain all
this to my client, and I'm sure he won't be surprised. After all, he is
from Cuba.''
Meanwhile, two suspects who were not arraigned Monday have been
negotiating a plea agreement, as prosecutors maneuvered behind the scenes
in attempts to nudge cooperation.
The plea deal, which would have kept the husband/wife team of Nilo and
Linda Hernandez from being named in Friday's indictment, fell through late
last week, their attorneys said.
``Prosecutors are shopping deals and possibly flips,'' said Richard J.
Diaz, who represents Nilo Hernandez, 44. ``We listened, but in the end
decided to reject the offer. It would be malpractice for me to advise my
client to plead guilty to a crime when we haven't been afforded an
opportunity yet to see the government's hard evidence.''
Other defense attorneys suggest its a typical case of ``first rats to
the cheese,'' a saying attorneys use to describe the practice of
defendants lowest in the criminal hierarchy racing to cut early deals with
prosecutors.
The 10 alleged Cuban spies were arrested last month in what authorities
said was a sophisticated -- although low budget -- conspiracy to
infiltrate Cuban exile groups and U.S. military installations and send
information back to Cuba.
A federal grand jury on Friday indicted three on charges of conspiracy
to deliver national defense information to Cuba and seven others on much
less serious charges of acting as agents of Cuba without notifying the
U.S. attorney general.
Defense attorneys rushed to point out that while the 19-page indictment
alleges a conspiracy, and specific acts of deception and attempts at
infiltration, it does not make any specific allegations of espionage, the
actual transfer of sensitive information to Communist Cuba.
``There are no substantive charges here at all,'' said Jack Blumenfeld,
the court-appointed attorney for Antonio Guerrero, one of three facing a
life prison sentence on the conspiracy charge. ``They have three years of
wiretaps, room bugs, even surreptitious entries -- burglaries -- and they
don't have any specifics.''
The three-year federal investigation allegedly began after an alleged
conspirator's computer was stolen in a Los Angeles burglary and later was
given to authorities, a government assertion defense attorneys say they
view with skepticism.
Defense attorneys for each of the alleged spies are also being forced
to apply for security clearance -- answering personal questions about
unpaid bills, mental health maladies or previous drug use -- before they
are allowed to inspect evidence.
It remains unclear what documents or evidence against the alleged spies
would remain secret. Prosecutors have been mum. But attorneys interviewed
suggest that the records in dispute will have to be reviewed in secret by
Magistrate Turnoff, who will make a decision how to handle sensitive
evidence.
Defense attorneys in South Florida were asked to submit to similar
procedures during the 1992 trial of former Panamanian dictator Manuel
Noriega, when sensitive documents were inspected in a secured basement at
the federal courthouse.
But aside from the inconvenience, some defense attorneys are lamenting
an invasion of privacy. ``The whole process is pretty extensive, and
intrusive,'' said Gary Kollin, a Fort Lauderdale attorney appointed to
represent Amarylis Silverio. ``Especially with the kind of weak case
they've got.
``What bothers me is that this could really grind everything to a halt
for months, while our clients sit in jail,'' he said.
Prosecutors seek to withhold papers
Copyright © 1998 The Miami Herald