Thread: Twenty-eight Cuban migrants set free after hearing

http://www.miami.com/mld/miamiherald/15083784.htm

Posted on Thu, Jul. 20, 2006

Twenty-eight Cuban migrants set free after hearing

BY JAY WEAVER AND LUISA YANEZ
jweaver@MiamiHerald.com

Cuban migrant Odalys Conde was the first of 28 Cuban migrants to hug her South Florida family Thursday after a federal court hearing in an alleged smuggling case involving the death of a 24-year-old woman during a high-speed chase.

Conde's teenage daughters, who had also made the trip but were released earlier today, welcomed her with kisses and hugs at the federal courthouse tonight.

''I am so happy to be here,'' said a teary-eyed Conde, 40, who received countless hugs from a handful of relatives. Once free, Conde quickly took off her government-issued Kakhi top covering her T-shirt, slacks and flip-flops over white socks.

''I didn't want you girls to see me this way,'' she said apologizing for her haggard appearance. Her relieved parents and brother could not hide their emotion.

The Coast Guard brought the 28 Cuban migrants ashore after detaining them off shore since July 8. The migrants will be material witnesses in the alleged smuggling case in which Anei Machado Gonzalez suffered fatal head injuries during a high-speed chase to reach Florida.

The migrants were allowed to stay so they can testify directly against three men charged with the smuggling attempt that caused the 24-year-old woman's death.

Their go-fast boat was apprehended by authorities on July 8 after the chase, which ended when a Coast Guard officer fired two shots at the vessel's engine to disable it.

The migrants' live testimony before the grand jury or at trial is considered vital to the U.S. government's prosecution of the three defendants, who are being held without bond.

''This decision is the result of the unique circumstances of this specific criminal matter,'' said interim U.S. Attorney R. Alexander Acosta. ``[It] is a reflection of our determination to engage in a complete investigation and a vigorous prosecution of all individuals associated with this incident using all prosecutorial tools at our disposal.''

A federal grand jury in Key West could return an indictment against the three men -- Rolando Gonzalez-Delgado, Heinrich Castillo-Diaz and Yamil Gonzalez-Rodriguez -- as early as Friday. The indictment is expected to include new charges, including attempting to smuggle the migrants into the United States for profit.

Relatives of the three alleged smugglers claim the men were fishing and found the original group of migrants in a sinking boat in the Florida Straits. They further claim the threesome were related to some of the migrants. Those relatives assert that it was a not-for-profit smuggling operation.

The three defendants, first charged by criminal complaint on July 10, are scheduled to enter pleas Monday. If convicted, they could face up to life in prison.

The 28 migrants were brought to Key West late Wednesday and transferred to Customs and Border Protection officials at the Port of Miami, where the two teen-age girls, Yarenis Carpio Conde, 14, and Yamila Carpio Conde, 16, were reunited with local relatives.

The migrants were aboard a speedboat on the early morning of July 8 when it was intercepted by the Coast Guard about four miles south of Boca Chica in the Florida Keys. Gonzalez died after hitting her head when the boat ignored orders to stop and attempted to ram a Coast Guard vessel, authorities said. The Monroe County medical examiner said her death was caused by head and other injuries that are consistent with someone tossed about inside a boat.

''Smugglers often treat migrants as if they were human cargo, with blatant disregard for individual life and safety,'' Acosta said. ``This must stop.''

Bringing the migrants to the United States means they can stay in the country. Under the U.S. ''wet foot/dry foot'' policy, most Cubans who reach U.S. soil are permitted to remain while those interdicted at sea are returned home.

After one year, the 28 will be eligible to become permanent legal residents and later could apply for citizenship.

Ramon Saul Sanchez, head of the Cuban exile group Democracy Movement, described an emotional reunion early Thursday morning when family members learned that the migrants were being allowed to stay.

''They were very happy, screaming and yelling, in the Cuban style,'' he said.

The Bush administration has made other recent exceptions to the ''wet foot/dry foot'' policy, including bringing in the parents of a 6-year-old Cuban boy who died during a smuggling attempt in October. Most of the 29 survivors in that case were returned to Cuba.

Indeed, it is unusual for an entire group to be brought ashore to provide evidence in a criminal smuggling case.

In 2001, immigration authorities allowed Cubans rescued at sea after a migrant smuggling tragedy into the United States, departing from a then-six-year policy of repatriating migrants picked up offshore.

A total of six migrants, including three children, died in the crossing, according to authorities.

The exception was made for the 20 survivors to help U.S. authorities investigate and prosecute growing migrant smuggling operations. They were allowed in as material witnesses in the investigation against two suspected smugglers, who were among those rescued.

Ummm? Didnt these illegals buy the gas and pay the smuggler in the first place?

W

Bringing the migrants to the United States means they can stay in the country. Under the U.S. ''wet foot/dry foot'' policy, most Cubans who reach U.S. soil are permitted to remain while those interdicted at sea are returned home.

After one year, the 28 will be eligible to become permanent legal residents and later could apply for citizenship.

Absolute B.S.!

http://www.sun-sentinel.com/news/local/ ... news-miami

Cuban smuggling suspects indicted on 68 counts


By Madeline Baro Diaz
Miami Bureau

July 22, 2006


A Key West grand jury on Friday returned a 68-count indictment against three men accused of taking part in an alleged smuggling trip in which a speedboat tried to outrun the U.S. Coast Guard, resulting in the death of a Cuban woman.

Rolando Gonzalez Delgado, Heinrich Castillo Diaz and Amil Gonzalez Rodriguez were charged with involuntary manslaughter, conspiracy to encourage and induce alien smuggling with death resulting, conspiracy to smuggle aliens for profit and failing to obey a Coast Guard order.

Castillo Diaz and Gonzalez Delgado, who live in the United States, were also charged with unauthorized entry into Cuban territorial seas. Gonzalez Rodriguez, who is accused of signaling the smugglers from a Cuban beach and later lying about his identity, was charged with lying to the Coast Guard.

The hefty indictment is a sign federal agencies are serious about cracking down on immigrant smuggling, said U.S. Attorney R. Alexander Acosta. If convicted of the most serious charges, the men could go to prison for life. "Alien smugglers treat individuals with a wanton disregard for human life," Acosta said.

The charges stem from a July 8 incident south of Key West in which the Coast Guard tried to stop a 36-foot speedboat with 34 people aboard. The speedboat tried to outrun the officials until a Coast Guard crewman shot the boat's engine. A woman identified by relatives as Anai Machado Gonzalez died of head trauma during the chase.

On Thursday, federal prosecutors brought 28 of the Cubans who were on the speedboat ashore to serve as witnesses in the case against the three men. Two other people who were part of the group had previously come ashore for medical treatment. Under U.S. immigration policy, all will be allowed to remain in the United States and apply for permanent residency.

On Friday, the U.S. Attorney and Coast Guard officials reiterated the decision was not a change in the policy through which Cubans intercepted on the high seas can be repatriated to Cuba.

"Far from a ticket to freedom, these [smuggling] trips often are a ticket to death," Acosta said. "This was a very unique set of circumstances and a very tragic and complex case."

Some of the people on the boat, their relatives and relatives of the accused men have said that no smuggling was involved. Acosta said federal prosecutors can prove it was a smuggling trip.

"We are confident in the evidence to substantiate our charges," he said.

Oscar Arroyave, Gonzalez Delgado's attorney, told The Associated Press on Friday that his client will plead not guilty and he was glad everyone on the trip would be available to testify.

"We feel very badly for the family of the lady that died trying to find freedom in the United States," Arroyave said. "The more witnesses that can testify in court, the better chance the facts of this case will be accurately tried."

Israel Encinosa, attorney for Gonzalez Rodriguez, said his client is not a smuggler; he was part of the group trying to come to the United States.

"He was in the same situation as the 28 people released yesterday," he said.

Neither Castillo Diaz's attorney nor the family of Machado Gonzalez could be reached for comment Friday.

The Associated Press contributed to this report.

Madeline Baró Diaz can be reached at mbaro@sun-sentinel.com or 305-810-5007.

Under U.S. immigration policy, all will be allowed to remain in the United States and apply for permanent residency.

That is not true. The Cubans must have reached American soil unassisted to fall under the policy referred to above. It's my understanding the U.S. Coast Guard brought them ashore - hence, they were not unassisted. I believe the unassisted rule means they can not have received any assistance by a smuggler or citizen of the United States. Someone correct me if I'm wrong.