U.S. tries to tie espionage case to planes' downing

Published Friday, November 13, 1998, in the Miami Herald

U.S. tries to tie espionage case to planes' downing

Charges against alleged Cuban agents may expand

By DAVID KIDWELL
Herald Staff Writer

Federal prosecutors are trying to parlay their case against a ragtag ring of alleged Cuban spies into charges against those responsible for shooting down two Brothers to the Rescue search planes almost three years ago.

The Feb. 24, 1996, missile attack by Cuban MiGs -- which killed four South Florida men -- has been the focus of hours of questioning by FBI agents debriefing spies who have already pleaded guilty and turned government informants, according to sources close to the case.

And FBI documents show agents baited the alleged spy ringleader into making comments about how his ``main objective was to work against groups that continuously threaten the Cuban people . . . that place bombs and set out on excursions to shoot at the Cuban coast.''

The revelations have fueled speculation among defense attorneys and Cuban exile groups that the September arrests of the 10 alleged Cuban spies may have been a means to an end -- indictments in connection with a case of international murder.

``Really, it's the only thing that makes sense,'' said one attorney close to the case. ``The U.S. has been watching these folks, and others like them, for more than 30 years, and they never made a case. Instead, they decide to come after these amateurs now?''

The new federal action is welcomed by the families of Carlos Costa, Armando Alejandre, Mario de la Peña and Pablo Morales, who were killed during the MiG attack.

``The families and lawyers are encouraged and happy there has been reinvigorated movement,'' said lawyer Francisco Angones, who represents two of the families. ``At least for the first time in a long time there is an interest in the case.''

A connection

Federal authorities declined to comment, but sources and newly released evidence confirm a connection between the two investigations. It includes:

Hours of spy debriefings that focus on the Brothers incident. So far, sources say the confessed spies have had little to offer. They suggest the three alleged top spies set to stand trial in September -- Manuel Viramontes, Antonio Guerrero and Rene Gonzalez, who was accused of infiltrating Brothers to the Rescue -- may have more information. All have pleaded not guilty.

A motion filed Thursday by the defense attorney for alleged spy ringleader Viramontes asking that statements his client made to the FBI be thrown out because he made them without a lawyer present.

In the request, attorney Paul McKenna asserts his client was improperly baited to make comments like he ``was not here to work against [the U.S.] government. His main objective was to work against groups that continuously threaten the Cuban people . . . that place bombs and set out on excursions to shoot at the Cuban coast'' and ``the U.S. Government would have shot down the aircrafts long before the Cuban Government.''

McKenna claims the FBI was trying to ``broaden their investigation and trick Viramontes into making statement regarding the downing of the Brothers to the Rescue plane that could be used against Viramontes at his trial for espionage or in the bringing of additional charges.''

McKenna would not elaborate.

Evidence of close ties between Gonzalez and Juan Pablo Roque, both accused of infiltrating Brothers to the Rescue. Roque, a former Brothers pilot and FBI informer, showed up in Havana just days after the tragedy and denounced the organization as packed with violent provocateurs. Cuban exile groups are convinced that Roque and Gonzalez were involved in the shoot-down.

Private meetings between families of the dead crewmen, U.S. Attorney Thomas Scott and newly appointed Miami FBI Special Agent in Charge Hector Pesquera. Although the lawmen have remained silent on details, they promised the investigation has intensified.

``Before Scott came into place, nothing seemed to be moving,'' said Maggie Khuly, sister of downed Brothers' crewman Armando Alejandre. ``Now things seem to be happening finally. It's the best news we've had so far, but we've been disappointed before.''

In a Nov. 2 hearing on the alleged spies who have pleaded not guilty, Assistant U.S. Attorney Caroline Heck Miller said more indictments are expected on the accused spies. She did not provide specifics, only said the new charges would add about four days of testimony to the trial.

Miller is the same prosecutor involved in secret debriefings of a Cuban pilot who defected six months after the shoot-down and related tales about how the Cuban military rehearsed the shootings, then held a party to celebrate the mission.

Five of the alleged spies have already pleaded guilty -- most on charges they failed to register as agents of a foreign government -- and signed cooperation agreements.

The arrests came 2 1/2 years after Cuban MiG jets shot down two of three Brothers to the Rescue planes, an anti-Castro exile group that routinely flies missions looking for rafting Cuban refugees.

U.S. District Judge Lawrence King has since ruled that the shootings occurred over international waters ``in outrageous contempt for international law and basic human rights.''

Pressure on U.S.

Ever since, families and Cuban exile groups have brought pressure to bear on U.S. authorities to indict Cuban leader Fidel Castro and others responsible for the shootings on charges of murder.

``I'm happily surprised and ecstatic to hear this news,'' said Brothers to the Rescue leader Jose Basulto, whose plane escaped the MiG attack. ``But I have to say I am in a wait-and-see mode. I hope it's true.''

Other exile groups allegedly targeted for infiltration by the spy ring expressed excitement at the prospect of indictments, but used careful language in complimenting the actions of U.S. authorities.

``To me, this is a vindication of suspicions the Brothers to the Rescue, the Democracia Movement and other Cuban exile groups have always had,'' said Ramon Saul Sanchez, leader of the Democracia Movement. ``If they continue to dig, I think there will be a lot of surprises. If indeed they do pursue this, it's something we should applaud.''