Appearing before U.S. District Judge Joan Lenard, Nilo and Linda
Hernandez admitted that they served Havana as unregistered foreign
agents.
Assistant U.S. Attorney Caroline Heck Miller told the court that Nilo
Hernandez, 44, counted aircraft at Homestead Air Force Base. She said he
had a shortwave radio in his house.
According to an FBI affidavit, both were directed to infiltrate
anti-Castro groups. For example, Linda Hernandez, 41, monitored the
activities of Miami-based Alpha 66.
Computer records seized by agents, according to court papers, referred
to them as sub-agents or ''Juniors'' who held the military rank of
''sublieutenant.''
They were asked by their government to ''conduct an investigation'' of
an unnamed local telecommunications company, and directed to develop
closer relations with a former U.S. Navy employee ''to determine his
reaction to assisting them by providing information.''
Federal prosecutors and agents have said that the ring used shortwave
radios to communicate back home to Cuba, and stored vast amounts of coded
information on computer disks.
Defense attorney Richard Diaz, who represents the husband, told The
Herald that the Cuban government didn't pay the couple directly, but
forwarded money to their relatives in Cuba.
''They tried to get out of the ring and that's when pressures were out
on them to continue when certain benefits and payments were withdrawn from
the families,'' Diaz said.
Diaz and co-counsel Vincent Farina have insisted since the case began
that the Hernandezes were not guilty of espionage, but of a technical
violation of laws that govern foreign agents.
''They basically confessed to what they were charged with after their
arrests,'' Diaz said.
''The plea agreement gives them the option to cooperate. That is
something we would have to look into with the government,'' Diaz said. ''I
have not encouraged or discouraged them from cooperating. I've warned them
about the positives and negatives about it.''
The maximum penalty is 10 years in prison and a fine of $250,000. Diaz
predicted federal sentencing guidelines would place the prison term in the
two- to three-year range. Lenard scheduled a Feb. 3 sentencing for Nilo
Hernandez and set his wife's sentencing for the next day.
A grand jury handed up an indictment against all 10 defendants last
Friday -- several weeks after the FBI rounded them up at various locations
in Broward, Miami-Dade and Monroe counties. Authorities said the sweep of
suspected spies for Cuba was the biggest in memory.
Three men are accused of conspiring to commit espionage -- a charge
that carries a life sentence. Most of the others are accused of failing to
register as foreign agents with the U.S. attorney general.
More pleas may be forthcoming amid predictions by defense attorneys
that a trial might not occur for 18 months.
Because the case centers on espionage and spying, attorneys require
security clearances, and the court must establish a process for them to
review classified documents under the Classified Information Procedures
Act.Cuban couple pleads guilty in spying case
Copyright © 1998 The Miami Herald