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  • El Paso Diary: Swinging Doors | Cubadebate (English)
    not it s not Bardach Not completely Referring only to that portion of the transcript Hernández asked Bardach Mr Posada denied there having introduced explosives into Cuba from Guatemala but you say not completely Isn t it true that you are putting words in my client s mouth Wrong said Bardach at the same time mimicking the sound of a bell What you re doing is shameful She pointed out to the defense attorney that in the part of the interview he selected Posada was talking about an article that appeared in the Miami Herald the previous month which alleged that Posada had planted bombs in Guatemala In the part of the interview you cherry picked I was reading to him the Miami Herald article and he responded by telling me that no bombs went off in Guatemala said Bardach He was telling me that the Miami Herald is wrong that the bombs went off in Cuba not in Guatemala In apparent exasperation she added Let the jurors read the entire interview including the parts you censored Let them also read my three articles from the New York Times as well as my books Cuba Confidential and Without Fidel It would be much better for them You don t want to hear the truth The exchanges between Posada Carriles lawyer and the journalist got testier Hernández s face reddened and he raised his voice at the witness How can you with God as your witness say that my client was proud of what he d done he bellowed Bardach didn t flinch She said Would you stop yelling at me and using that tone of voice She added You don t want to hear the truth Posada was proud of what he d done and he got to be on the cover of the Sunday New York Times That s as good as it gets The purpose of cross examination is to suggest to the jurors that the witness is lying There is a danger though If the jurors believe that the cross examiner has become abusive is playing tricks or manipulating the evidence then it s the attorney not the witness whose credibility is undone During cross examination attorney Hernández insulted Bardach He mocked and tried to ridicule her When he couldn t make any headway with his aggressive questions he lost his temper and shouted at her Had he bothered to look at the jurors he would have observed that they were enjoying Bardach They liked her idiosyncrasies and her quick retorts But it was a rough cross examination When Hernández finally finished Bardach left the stand walked directly into the arms of her husband Bob and burst into tears The King of Hearts the Unhappy Lizard and Arturo Hernández The defense attorney s questions were reminiscent of the cross examination by the King of Hearts at the trial of the Knave of Hearts in the Lewis Carroll story Alice s Adventures in Wonderland As the White Rabbit

    Original URL path: http://en.cubadebate.cu/authors/jose-pertierra/2011/04/04/el-paso-diary-swinging-doors/ (2015-12-30)
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  • El Paso Diary: Posada Tango | Cubadebate (English)
    written critically about the Cuban American community Look Mr Hernández answered Bardach The truth is that there are people in that community that have broken the law She offered the example of David Rivera a Cuban American congressman from Miami who is under investigation for financial irregularities as well as Jorge Mas Canosa linked to That funny business with Miami County The entire community is not tarnished simply because of the mistakes of certain individuals stated Bardach Hernández Are you mocking me Hernández directed Bardach s attention to Cuba once again The Committees for the Defense of the Revolution CDR are instruments used by the Castro regime to maintain control of the country isn t that true asked the attorney They also distribute food and help neighbors resolve certain daily problems she said The vein on the Miami attorney s neck bulged and his face reddened Are you mocking me he demanded Fifty years of exile and you are telling me He didn t finish the question Prosecutor Timothy J Reardon rose and made an objection which Judge Kathleen Cardone immediately sustained Move on she said Hernández changed the subject but only slightly Didn t you write in your book that the Miami community is a mirror image of the CDRs in Cuba he asked Look Mr Hernández the idea you are presenting here that I have a dog in this fight is a lie sir Bardach answered The gap There is a four minutes and twenty seconds gap within the more than six hours of tape recordings that Bardach made during her interview of Posada Carriles in June of 1998 The defense attorney directed Bardach s attention to it I want you to listen to the gap A perplexed Bardach responded Mr Hernández I m confused You want me to listen to a gap That was exactly what attorney Hernández wanted For more than four long minutes the judge the attorneys the prosecutors the witness the interpreters the bailiffs the clerks the assistants the jurors and the journalists listened to the gap in the tape A dramatic pause as the prosecutor later referred to it At the end of the sound of silence Hernández drew his finger across his throat and his colleague Rhonda Anderson switched off the recording Ms Bardach now that we ve heard a gap of four minutes and twenty seconds you may explain to us what may have caused that I don t know Perhaps someone pressed the wrong button when the transcript was made That sometimes happens But if anything significant had happened during that brief time it would be in my notes and there s no indication of that answered Bardach You erased that part of the recording Hernández asked accusingly Please That s absurd answered Bardach I am in the information collecting not the destroying business I m a journalist answered Bardach The size of the recorder The defense attorney also accused Bardach of recording the interview without having sought his client

    Original URL path: http://en.cubadebate.cu/authors/jose-pertierra/2011/03/30/el-paso-diary-posada-tango/ (2015-12-30)
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  • El Paso Diary: Bardach in Wonderland | Cubadebate (English)
    client say I wrote the Solo fax he added Isn t it true that he never uttered those words Bardach answered with irritation I asked him if he wrote the Solo fax and he answered yes Afterwards we talked about that for several hours Isn t it possible that he didn t actually say yes but laughed instead asked Hernández He said yes while he laughed We d been talking about his use of the alias Solo It was his favorite That s why he laughed answered the witness Yesterday she d explained that Posada s favorite alias comes from a character in the 1960s TV program The Man from U N C L E Hernández tried to plant a seed of doubt in the jurors minds concerning Tony Álvarez the Cuban American businessman who intercepted the fax from Solo in his office in Guatemala and who heard Posada Carriles say that he knew a mechanic at the Guatemalan airline who could take explosives to Cuba Didn t you suspect that Tony Álvarez might have been the one who wrote the Solo fax Hernández suddenly asked Bardach Frankly no Bardach answered bluntly Realizing that he was not getting anywhere with this plan of attack Hernández tried another Don t you think it s inconsistent that Posada should have written the fax but also told you that he didn t know the people whose names appeared on the fax he asked No It s not inconsistent in the least Mr Posada protects his collaborators in order not to hurt them said Bardach Furthermore he told me that he was the boss the mastermind It s in the tapes Raúl Cruz León Raúl Cruz León is a Salvadoran who was convicted in Cuba for planting the bomb that killed Fabio Di Celmo at the Copacabana Hotel The defense attorney tried to exploit Posada Carriles statement to Bardach that he didn t know Cruz León personally Don t you believe that it might have been a violation of the journalistic code of ethics to say in the New York Times that Cruz León worked for Mr Posada asked Hernández At that the witness had had enough Bardach straightened in her chair raised her voice and answered Mr Hernández he did work for Posada Posada told me so himself I m the boss el jefe the mastermind the one in charge of the operation She added Lots of CEOs don t know who their employees are Who is the guy Hernández was persistent He began to read the part of the transcript where Posada Carriles said that another guy hired Cruz León Another guy It could have been anyone who hired him said the lawyer without following his statement with a question Bardach responded with annoyance I know who the guy is you know who the guy is they the prosecutors know who the guy is Everyone knows who the guy is but we can t say who the guy is You don t

    Original URL path: http://en.cubadebate.cu/authors/jose-pertierra/2011/03/29/el-paso-diary-bardach-wonderland/ (2015-12-30)
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  • El Paso Diary: The Cross-Examination of Ann Louise Bardach | Cubadebate (English)
    brief clips of the interview seemed disjointed Posada Carriles was heard to say One has to be careful with telephones Look what happened to me with the fax Bardach testified that the fax without daring to say Posada was referring to the Solo fax had the phone number the fax had been sent from at the top of the paper 503 221 9849 But she didn t know whether 503 was the country code for Guatemala or El Salvador Maybe the jurors know but no one told them so in court today strong Advance obituaries Reardon then asked Bardach if she works as a CBS News consultant Well I m a consultant with CBS for the day Fidel Castro dies However I ve already done the obituary for many other news organizations beforehand because the moment that he is confirmed dead I can only talk about it with CBS News she answered She said she had interviewed Castro twice Getting a world leader is very hard she said It s called getting a get Vanity Fair told me to go down there Cuba and get Fidel Castro Bardach provided little detail about the interview She wanted to follow the judge s instructions and only answer the questions she was asked though she showed her frustration by grimacing and rolling her eyes Cross Attorney Hernández approached the witness stand to begin what everyone expected to be an extended cross examination of one of the Government s star witnesses But Bardach seemed preoccupied with having her book returned She turned to Judge Cardone and said Mr Reardon still has my book and has not returned it to me Before the surprised judge could respond Bardach looked at the prosecutor and said I need my book You have my book Ms Bardach the judge scolded you don t need to have it up there while you testify The defense attorney didn t know whether to laugh or complain to the judge about Bardach s disruptions He shuffled his papers adjusted his glasses and tried to continue None of Posada Carriles answers to your questions in Aruba were under oath right Of course not snapped Bardach It was an interview not a trial Yes he did in a hundred ways Attorney Hernández didn t waste any time in getting to his point During your interview Mr Posada never admitted explicitly to the bombing campaign Is that correct the defense attorney asked Yes he did yes he did in a hundred ways He was very proud of it of what had been his success he was proud of everything except the death Bardach answered firmly The relentless defense attorney pressed on Isn t it true that Posada never admitted to you that he was the mastermind of the bombing campaign Yes he did she said Mr Posada told me I m el jefe I know everybody but they don t know me Bardach added During this whole process I have tried to protect your client

    Original URL path: http://en.cubadebate.cu/authors/jose-pertierra/2011/03/29/el-paso-diary-cross-examination-ann-louise-bardach/ (2015-12-30)
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  • El Paso Diary: How Ann Louise Bardach Helped Win the Second Battle Over the Solo Fax | Cubadebate (English)
    previously testified that the names of Pedro Pérez Abel Hernández José Gonzalo and Rubén Gonzalo were on money orders that sent from New Jersey to Pepe Álvarez in Guatemala The dollar amounts that Vega recounted are the same as in the Solo fax Reardon asked Bardach to read the last paragraph of the fax aloud and so she did As I already explained to you if there s no publicity the work is useless the U S media do not publish anything that has not been confirmed I need all the data from the discotheque to try to confirm it if there s no publicity there s no payment I m awaiting news today Tomorrow I will be out for two days Regards Solo We might also recall that the Cuban inspector Roberto Hernández Caballero told the jury that the first bomb exploded in Havana on April 12 1997 in the Aché discothèque at the Meliá Cohiba The fax reveals that Posada Carriles needed more information about the attack so that he could provide details to the press and justify the money from New Jersey The Solo fax and the Miami Herald Two journalists from the Miami Herald Juan Tamayo and Gerardo Reyes wrote an article on June 7 1998 based on the Solo fax They had obtained it from a source that was unidentified at the time Tony Álvarez The Miami Herald article concluded that the Solo fax identified the money trail from New Jersey that Posada Carriles used to finance his terrorist campaign against Cuba in 1997 The FBI knows that I received money from the United States During the June 1997 interview Posada told Bardach The FBI knows that I received money from the United States It certainly did FBI Agent Omar Vega testified in El Paso a few days ago that the Bureau became aware that the money had reached Posada Carriles from New Jersey in the form of money orders sent through Western Union The verdict on the fax Bardach testified that Posada Carriles sent the fax to Guatemala from El Salvador How do you know asked Judge Cardone one of the few times she has asked a question directly of a witness Because of what Mr Posada told me and what Tony Álvarez also said to me answered Bardach Judge Cardone had heard enough She ruled the fax was admissible as evidence and said that it could be shown to the jury Attorney Hernández objected but the judge overruled his objection The journalist s testimony had been solid The tenth motion for a mistrial After a brief recess the judge brought the jury back into the courtroom and Bardach resumed her testimony Much of it had to be repeated for the jury s benefit Prosecutor Reardon asked Bardach about her conversations with Posada Carriles concerning the Solo fax Mr Posada told me that he wanted to generate sufficient publicity about the bombs to stop tourism in Cuba However he was worried because he d

    Original URL path: http://en.cubadebate.cu/authors/jose-pertierra/2011/03/28/el-paso-diary-how-ann-louise-bardach-helped-win-second-battle-over-solo-fax/ (2015-12-30)
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  • El Paso Diary: Tony Álvarez Links Posada Carriles to the Bombings in Havana | Cubadebate (English)
    legal opening Teresinski asked What did you do after you wrote the letter It was difficult to see the witness while he testified because he is very short and the television monitor in front of him covered up his entire face The plump woman on the first row of the jury box signaled with her hands to the prosecutor that she couldn t see the witness She gestured for them to move the monitor Teresinski called the matter to the attention of the clerk of the court who walked to the witness stand and adjusted the monitor so that Tony Álvarez could be seen It was the first time that the jurors had been able to see his face as he testified An exception to the hearsay rule allows key testimony in I installed a hidden intercom between Pepe Álvarez s office and my own the witness stated That was how I heard Posada Carriles talk about money After a private sidebar between the prosecutor and defense attorney Judge Cardone ruled that the witness could talk about the things that he had heard Posada Carriles Pepe Álvarez and José Burgos say They are part of the same conspiracy said the judge and therefore their declarations are evidence and are exempt from the exclusive limitations of hearsay All right then She had finally loosened the legal straightjacket and allowed Tony Álvarez to say something substantive on the stand How did you know that the voice you heard through the intercom was that of Posada Carriles asked Teresinski Álvarez responded instantly Because he has a very peculiar way of speaking referring to the speech impediment that Posada Carriles acquired when he lost part of his tongue and half of his chin in an attempt on his life in Guatemala in 1990 The letter from Tony Álvarez to the president of Guatemala remained excluded as evidence but the judge ruled that the witness could testify as to its contents He was even allowed to look at it to refresh his memory An odd scene followed The witness would look at the letter read it to himself turn it over and repeat what he remembered from it This legal make believe went on for several minutes Yet that is how the witness was able to tell the jury that he had heard Posada Carriles Pepe Álvarez and José Burgos talking about the best way to send explosive materials to Cuba Posada said that he knew someone at Aviateca the former state airline of Guatemala who could help get the explosives to Cuba the witness said Tony Álvarez also declared under oath that he found in his office various materials to make bombs including calculators funnels and plastic tubes labeled Mexican military industries C 4 dangerous explosives He added I took them outside city limits and buried them for fear of explosive residues The cross examination The cross examination of the witness by Posada Carriles attorney Arturo Hernández was typical of his aggressive and off base style The executions at the Cabaña had already begun when you were in the communist army hadn t they Hernández began Yes answered the witness not knowing where the question was leading 500 a week snapped Hernández I don t believe so said Álvarez 5 000 altogether asked the Miami attorney I don t think so responded the bewildered witness Isn t it true that communist Cuba convicts people in the morning and executes them in the afternoon Teresinski had heard enough He shot up from his chair with an objection The judge finally tried to rein in Hernández She ruled his question inappropriate and ordered him to move on Attorney Hernández changed the subject but stayed the course on his tactics Without any supporting evidence Hernández launched into a new set of questions premised on the witness having been a drug trafficker as well as a money launderer for the Colombian cartel of Pablo Escobar whom he mistakenly referred to several times as Pedro Escobar Having exhausted that fantastic line of questioning Hernández changed the subject again and went further afield This time the premise was that the witness had maintained a bomb making lab in Guatemala and that the one who had wanted to introduce explosive materials into Cuba had not been Posada Carriles but Tony Álvarez himself But the crowning glory of today s brutal cross examination was the defense attorney s grilling the witness on his current relationship with his common law wife Let s see Mr Álvarez how many wives have you had And without waiting to hear the answer Hernández continued To whom were you married in 1997 To Ana said Álvarez Was Ana with you in Guatemala asked Hernández No we d been separated for a number of years She didn t want a divorce I remain married to her but I live with another woman who is also named Ana answered the witness And with that the attorney who represents Posada Carriles launched the questions he had been saving for the witness all afternoon So you were living with somebody else Yes said the witness So you were married to Ana and yet you decided to live with another woman asked Hernández The 75 year old man felt the punch You could see it in his face He flushed embarrassed and in pain trying to hold back his tears Álvarez made an effort to tell the jury that he s not a womanizer but the defense attorney wouldn t let him During cross examination the attorney calls the shots He is allowed to attack with impunity and then hide behind his next question That is how cross examination works in courtrooms throughout the land Tears When Hernández was through with the witness the judge turned him over to the prosecutor for redirect examination Teresinski knew that the witness had wanted to explain the matter of his relationships and so he asked What is your partner s name Ana Graciela Bonilla answered

    Original URL path: http://en.cubadebate.cu/authors/jose-pertierra/2011/03/22/el-paso-diary-tony-alvarez-links-posada-carriles-bombings-havana/ (2015-12-30)
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  • El Paso Diary | Cubadebate (English) - Part 3
    ye hear ye hear ye the traditional Anglo Saxon call to begin a courtroom session Every day the Court Clerk announces the case The United States Court for the Western District of Texas is now in session presided over by the Honorable Kathleen Cardone This is the case of the United States of America v Luis Posada Carriles Number EP 07 CR 87 KC El Paso Diary Questions Are Not Evidence But They Sway Jan 28th 2011 By José Pertierra The morning began with a warning to Gilberto Abascal who s spent the whole week testifying in the trial against Luis Posada Carriles in El Paso You have to listen to the questions and answer them without going beyond that Judge Kathleen Cardone told the witness who d complained yesterday that Posada Carriles attorney had been harassing his ex wife and his children El Paso Diary Judge Cardone at the Center of the Drama Jan 28th 2011 By José Pertierra The Federal Bureau of Investigations FBI scrambled to investigate complaints made this afternoon from the witness stand by a key witness at the trial of Luis Posada Carriles that a defense attorney for Posada is harassing his family his friends and himself Gilberto Abascal a handyman who was aboard the shrimp boat that brought Posada to Miami in March of 2005 testified that it is not true that Posada entered the United States through the border with Mexico with the help of a coyote in a pickup truck as Posada said under oath at his prior immigration hearings Abascal says that he saw Posada Carriles disembark in Miami from a boat called the Santrina El Paso Diary The Man in the Gray Woolen Suit Jan 27th 2011 By José Pertierra A new stage in the trial of Luis Posada Carriles in El Paso began today Thus far the prosecution has put into evidence only the lies that the Defendant made during hearings regarding his application for asylum in 2005 and interviews about his application for citizenship in 2006 But starting this morning the prosecution began the process of establishing the truth to the jury Outside Judge Kathleen Cardone s courtroom earlier today sat a stocky man on a solitary wooden chair He is one of the main witnesses against Luis Posada Carriles in his perjury trial at El Paso Texas Gilberto Abascal El Paso Diary The Fear the Courage and the Bomb Jan 27th 2011 By José Pertierra By José Pertierra Day 10 of the Posada Carriles Trial Luis Posada Carriles attorney dedicated the entire day to the cross examination of Gilberto Abascal the witness who testified that he traveled to Miami on the Santrina with Posada in March of 2005 The interrogation went on far too long despite what appeared to be only El Paso Diary Abascal s Testimony Damages Posada s Defense Jan 26th 2011 By José Pertierra forex trading strategies p By José Pertierra January 28 30 2011 All afternoon the defense tried to convince the jury

    Original URL path: http://en.cubadebate.cu/category/series/el-paso-diary/page/3/ (2015-12-30)
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  • El Paso Diary | Cubadebate (English) - Part 4
    evidence the naturalization application that Posada sent to the United States Citizenship and Immigration Service USCIS in 2005 plus the tape recordings and transcriptions of the resulting two interviews performed by USCIS Officer Susana Bolaños in El Paso on April 26 and 27 2006 El Paso Diary The Lead Prosecutor in the Cuban Five Case Refused a DHS Request to Press Criminal Charges Against Posada Carriles Jan 19th 2011 By José Pertierra The U S Attorney who prosecuted the Cuban Five in Miami Caroline Heck Miller refused to press criminal charges against Luis Posada Carriles despite a request to do so from the Department of Homeland Security DHS testified DHS attorney Gina Garrett Jackson today in court Responding to defense questions Garrett Jackson the DHS prosecutor who directed Posada s asylum case in 2005 said that she asked Caroline Heck Miller to charge Posada criminally rather than simply rely on a deportation case El Paso Diary A Voice From the Past Jan 14th 2011 By José Pertierra The first of the 18 witnesses in the case against Luis Posada Carriles that the prosecution announced that it wishes to present in the coming three weeks testified today Gina Garrett Jackson She is the person who was charged with litigating Posada s deportation case for the Department of Homeland Security DHS in 2005 Visibly nervous and with a tendency to respond to questions with long and tedious monologues Ms Garrett Jackson remained on the platform the entire day She testified that she was assigned the Posada Carriles asylum case starting in May of 2005 Garrett Jackson worked in the Miami office of the Department of Homeland Security El Paso Diary Reardon Art and the Promises to the Jury Jan 13th 2011 By José Pertierra We all stood at the sound of the gavel that announced the entrance of the twelve jurors and four alternates who will decide if Posada Carriles is guilty of having lied to U S authorities At 10 a m sharp the jurors took their seats They arrived to hear the opening statements in the case that will keep them in the El Paso Federal Court until next month Opening statements by attorneys offer a jury an idea of what the evidence will show during the course of the legal proceeding against the accused They are like promises to the jury El Paso Diary The Trial of Luis Posada Carriles Jan 11th 2011 By José Pertierra With a jury of five men and seven women empaneled opening statements in the trial for immigration fraud against Luis Posada Carriles will be heard tomorrow Judge Kathleen Cardone is the presiding judge The government attorneys will offer up the opening salvo Prosecutor Timothy Reardon requested 60 minutes to introduce the case to the jury and Posada Carriles defense lawyer asked for the same block of time After opening statements by both sides the prosecution will begin the process of presenting evidence including witnesses The defense will be able to cross examine them

    Original URL path: http://en.cubadebate.cu/category/series/el-paso-diary/page/4/ (2015-12-30)
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