Appeals court hears Cuban militant's immigration case
June 4, 2008
Reprinted from Associated Press
NEW ORLEANS (AP) - A government lawyer says a federal judge improperly dismissed immigration fraud charges against an anti-Castro militant suspected of plotting the 1976 bombing of a Cuban airliner.
The 5th U.S. Circuit Court of Appeals in New Orleans heard arguments today from both sides of the case against Luis Posada Carriles. He's charged with making false statements as part of his bid to become a naturalized U.S. citizen.
Federal prosecutors argue that the judge shouldn't have taken the case out of a jury's hands, and that the judge went too far in tossing out transcripts of Posada's naturalization interview. The judge had ruled that it was tainted by mistakes that a translator made in interpreting the interview.
A lawyer for Posada says it was the judge's duty to review the reliability of evidence before a jury can hear it.
A ruling from a three-judge panel of the appeals court could take several months.