*Updated Apr. 8, 2013 -
A federal court in Florida today granted the request of a paroled Cuban-American to visit his brother, who is hospitalized and near death on the island nation 100 miles south of Miami. René González, one of the members of the Miami Five arrested in 1998 and sentenced to a long prison term for espionage, had asked a federal judge to allow him to return home to Havana to visit his brother, who is said to be in the final stages of terminal brain and lung cancer. Attorneys for González filed the request in February with the U.S. District Court for the Southern Dist. of Florida. Today's ruling was by judge Joan Lenard.
The Miami Five were accused of spying for the Castro regime, and all received lengthy sentences. Four of them remain in prison, but González was released on October 7, 2011 after serving 13 years. Last year he asked to be allowed to return to his family in Havana, but the government objected, insisting that he spend another 36 months of conditional release in the United States. In a September 16 ruling Lenard sided with prosecutors. González, who holds joint American and Cuban citizenship, remains in the U.S. at an undisclosed location and cannot leave for any reason without court permission.
The Miami Five are national heroes in Cuba. The Castro government has repeatedly demanded their release, arguing that they did nothing illegal. Cuban officials, including Fidel Castro, were infuriated when Lenard refused to let González return home after his lengthy incarceration in the United States.
In the Feb. 24 motion González had sought permission to spend two weeks in Havana. González promised to return to the U.S. to complete his term of conditional release. His parole officer, quoted in the motion, said that González has been fully compliant since his release from federal prison last fall. The government opposed the request in a document filed with the court last week.
But today in a terse two page ruling, judge Lenard overruled the objection and authorized González' travel request. He must return to the United States within 14 days.
Order Granting Motion to Travel
Freedom for Alan Gross?
In an interesting footnote to this case, attorneys for convicted U.S. contractor Alan Gross, who is serving a 15 year sentence in Havana for state security crimes, last week asked the Castro government to allow him to return to the United States for two weeks to visit his mother, who who is said to be gravely ill. There has been no response yet to that petition. It's unclear if judge Lenard's ruling today was intended in part to promote Gross' own request for a similar emergency visit to a family member. The real story of Alan Gross: http://mexicogulfreporter.blogspot.com/2012/02/alan-gross-us-agent-who-knew-what-he.html.
Gross has only served about 27 months of his sentence. If he's granted an emergency furlough there's no reason to believe that he would ever return to Cuba. The same is true for René González, of course, but the difference is that he spent 13 years in U.S. prisons, and his four compatriots yet remain behind federal bars. Some have speculated that Pope Benedict XVI, who will visit Cuba for the first time Mar. 26-28, may urge the Castro regime to release Gross on humanitarian grounds. But Havana has emphasized that it expects a complete prisoner swap -- Gross for all of the Miami Five -- and it has twice rejected lesser offers (http://mexicogulfreporter.blogspot.mx/2011/10/cuba-rejected-one-for-one-prisoner-swap.html). In separate 2011 trips to the island neither former president Jimmy Carter nor ex-New Mexico governor Bill Richardson could budge the Cubans on the Gross matter.
My observations:
González should have been allowed to return to Havana permanently after his release from prison last year: http://mexicogulfreporter-supplement.blogspot.com/2011/11/us-shows-revolting-double-standard-in.html. Continued detention of the Miami Five, after a decade and a half of U.S. incarceration, is the sole reason that Gross remains in Cuban custody today. They should be released and exchanged immediately for Gross, who is reported to be in poor health himself. It's long past time to end the Cold War with Cuba.
Mar. 31: René González has arrived in Cuba - for the first time in at least 14 years. "With the deepest respect our people welcome you to the homeland, brother René, and we stand by you as you continue your fight for a permanent return," said Cuban state TV. The paroled Miami Five member will have to be back in the U.S. by April 14, but he's still trying to secure permission to reside in Cuba while he's on parole for another 30 months. González, born in Chicago, holds dual citizenship.
And there's been no response to Alan Gross' request for a two week family furlough to visit his ailing 90 year old mother. I doubt that's going to happen. He'd likely never return to the island, as the Cubans well know. His wife, Judy Gross, is conducting a very active press campaign for the furlough.
Apr. 13: After an uneventful stay René González flew back to Miami today. Alan Gross remains in Havana.
Apr. 16: The U.S. State Dept. today formally asked the Cuban government to allow Alan Gross to return to the United States to visit his mother, who is said to be in the terminal stages of the same type of cancer afflicting the brother of René González. But the government did not offer any express assurance that Gross would return to Havana (as González already has to Miami). In any case, the Cubans have no intention of granting a family medical furlough to Gross. Once off the island he'd be gone forever, and there would be no more bargaining chips for the Miami Five. There is only one person in the world who has the power to free Alan Gross, and his address is 1600 Pennsylvania Ave., Washington, D.C. But he won't even think about doing it until after Nov. 6.
May 10: Cuba today denied Gross' travel request. It offered instead to allow his mother to visit him in Havana, or to release him in a "reciprocal" exchange for the Miami Five. The U.S. quickly dismissed both suggestions. Ball game over.
Apr. 8, 2013 - René González has filed another request to return to Cuba for several days to attend a memorial service for his father, who died a week ago in Havana. Considering his exemplary conduct a year ago and his complete compliance with court orders there is no legitimate reason to deny it, but the government has not yet responded to the travel application. In the meantime, Alan Gross remains in Cuba. He could have been home two years ago had the Obama administration swapped the Miami Five for him - something which it may now do, since the president has his last campaign behind him.
May 23 - Tribunal Supremo cubano niega que esté considerando permiso de salida para Gross: http://www.elnuevoherald.com/2012/05/23/1210238/tribunal-supremo-cubano-niega.html.
June 15 - Alarma en Washington por la salud de Alan Gross: http://www.elnuevoherald.com/2012/06/15/1228911/alarma-en-washington-por-la-salud.html.
June 15 - Cuba asegura que el estado de salud de Alan Gross es "normal": http://www.elnuevoherald.com/2012/06/15/1229475/cuba-asegura-que-el-estado-de.html.
June 19 - Senadores de EEUU presionan a Cuba por liberación de Alan Gross: http://www.elnuevoherald.com/2012/06/18/1231950/senadores-de-eeuu-presionan-por.html.
Read more here: http://www.elnuevoherald.com/2012/06/18/1231950/senadores-de-eeuu-presionan-por.html#storylink=cpy
Barack Obama should free Alan Gross: http://mexicogulfreporter.blogspot.mx/2012/05/barack-obama-should-free-alan-gross.html.
U.S. refuses to to swap Miami Five for convicted American smuggler Alan Gross: http://mexicogulfreporter.blogspot.mx/2012/05/us-refuses-to-to-swap-miami-five-for.html.
Miami Five member René González seeks permission to visit dying brother: http://mexicogulfreporter.blogspot.com/2012/02/miami-five-member-rene-gonzalez-seeks.html.
U.S. shows revolting double standard in René González case: http://mexicogulfreporter-supplement.blogspot.mx/2011/11/us-shows-revolting-double-standard-in.html.
U.S. congressional delegation goes hat-in-hand to Havana: http://mexicogulfreporter.blogspot.com/2012/02/two-american-senators-visit-cuba.html.
U.S. embargo of Cuba 50 years old today: http://mexicogulfreporter.blogspot.mx/2012/02/us-embargo-of-cuba-is-50-years-old.html.
It's time to end the Cuban embargo: http://mexicogulfreporter-supplement.blogspot.com/2011/11/us-embargo-of-cuba.html.
United Nations condemns U.S. embargo of Cuba (186-2) for the 20th time: http://mexicogulfreporter.blogspot.com/2011/10/united-nations-condemns-us-embargo-of.html.
Newt Gingrich spews the same old Cold War rhetoric on Cuba: http://mexicogulfreporter.blogspot.mx/2012/01/gingrich-spews-same-old-cold-war.html.
Hillary Clinton's worn out Cuban game plan: http://mexicogulfreporter.blogspot.com/2011/10/hillary-clinton-sticks-to-same-old-game.html.
Cuba urges Miami Five supporters to launch White House communications blitz: http://mexicogulfreporter.blogspot.com/2012/01/cuba-urges-world-wide-communications.html
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