During the voir dire, the defence used their peremptory challenges to remove all Cuban Americans from the jury and the final jury was empanelled without objection. However, motions for a mistrial and change of venue were renewed twice during the trial, based on community events and further publicity about the case after the trial opened (see 11thcircuit panel decision, below). Although the motions were denied, the trial judge had to take action to protect the jurors from unwarranted media scrutiny on several occasions. During the voir dire and the main trial, jurors were filmed or approached by the media and some complained of feeling pressurized, causing the judge to modify their arrangements for leaving and entering the courthouse.
Miami is home to the largest Cuban exile population in the USA and there is no doubt that the trial took place in a venire where there was substantial, even uniquely extensive, community hostility to the Cuban government, then led by Fidel Castro. There were also strong local connections to the Brothers to the Rescue organization, the deaths of four of whose members formed a key part of the prosecution’s case.13 Both before, during and after the trial, the defendants sought to have the trial moved to Fort Lauderdale, less than30 miles away, in motions which were denied by the district court.
Traducción al español
Documento- estados unidos: el caso de los “cinco de cuba”.
Publicado originalmente en 2010 por publicaciones de amnistia internacional.