DATE=10/8/98
TYPE=CORRESPONDENT REPORT
NUMBER=2-239954
TITLE=U-S/CUBA SPIES (L-ONLY)
BYLINE=MICHAEL BOWMAN
DATELINE=MIAMI
CONTENT=
VOICED AT: 


INTRO: IN MIAMI, TWO OF TEN SUSPECTED CUBAN SPIES ARRESTED LAST 
MONTH IN SOUTH FLORIDA HAVE PLEADED GUILTY TO SERVING THE 
GOVERNMENT OF PRESIDENT FIDEL CASTRO AS UNREGISTERED AGENTS IN 
THE UNITED STATES.  V-O-A'S MICHAEL BOWMAN SPOKE WITH AN ATTORNEY
REPRESENTING ONE OF THE TWO CONFESSED DEFENDANTS AND HAS THIS 
REPORT.

TEXT: 44-YEAR OLD NILO HERNANDEZ, AND HIS WIFE, LINDA, PLEADED 
GUILTY TO ESPIONAGE-RELATED CHARGES IN U-S DISTRICT COURT 
WEDNESDAY.  MR. HERNANDEZ' LAWYER, RICHARD DIAZ, SAYS BY 
CONFESSING, THE COUPLE AVOIDED WHAT MIGHT OTHERWISE HAVE BEEN 
MUCH STIFFER PENALTIES HAD THEY PLEADED INNOCENT AND THEN BEEN 
FOUND GUILTY.

                          // DIAZ ACT //

         THE CHARGE THAT THEY HAVE SPECIFICALLY AGREED TO PLEAD 
         GUILTY TO, WHICH IS BEING A FOREIGN AGENT IN THIS 
         COUNTRY WITHOUT GIVING PRIOR NOTIFICATION TO THE (U-S) 
         ATTORNEY GENERAL, LIMITS THE STATUTORY MAXIMUM PENALTY 
         TO TEN YEARS.

                           // END ACT //

MR. DIAZ SAYS, UNDER FEDERAL SENTENCING GUIDELINES, HIS CLIENT  
WILL LIKELY HAVE TO SPEND ONE TO THREE YEARS BEHIND BARS.  THE 
U-S ATTORNEY'S OFFICE WAS UNAVAILABLE FOR COMMENT ON THE CASE, 
BUT MIAMI ATTORNEY RICHARD DIAZ SAYS NILO HERNANDEZ AND HIS WIFE 
COULD EASILY BE MADE TO TESTIFY AGAINST OTHER MEMBERS OF THE 
ALLEGED SPY RING BECAUSE OF THEIR PLEA.

                          // DIAZ ACT //

         ONCE THEY PLEAD GUILTY THEY GIVE UP THEIR FIFTH 
         AMENDMENT RIGHT (PROTECTION FROM SELF-INCRIMINATION), 
         AND THE GOVERNMENT CAN INVOLUNTARILY SUBPOENA THEM AND 
         COMPEL THEIR TESTIMONY.  IF THEY REFUSE TO TESTIFY, THEY
         COULD FACE ADDITIONAL JAIL TIME ON CRIMINAL CONTEMPT.

                          ///END ACT// 

FEDERAL OFFICIALS SAY THE SPY RING SOUGHT TO INFILTRATE ANTI- 
CASTRO CUBAN EXILE GROUPS AND TO MONITOR AN ASSORTMENT OF 
FACILITIES IN SOUTH FLORIDA, INCLUDING U-S MILITARY 
INSTALLATIONS. THEIR ARREST LAST MONTH WAS THE LARGEST ROUNDUP OF
SUSPECTED CUBAN AGENTS IN THE UNITED STATES SINCE THE 1959 CUBAN 
REVOLUTION.

                         // REST OPT //  

ATTORNEY RICHARD DIAZ SAYS -- DESPITE HIS CLIENT'S AFFILIATION 
WITH THE GOVERNMENT IN HAVANA -- NILO HERNANDEZ DID NOT INTEND TO
HARM THE UNITED STATES.

                          // DIAZ ACT //

         I CAN CATEGORICALLY AND UNEQUIVOCALLY TELL YOU THAT MR. 
         HERNANDEZ NEVER ENGAGED IN ANY ACTIVITY THAT COULD EVEN 
         REMOTELY HAVE AFFECTED, MUCH LESS JEOPARDIZED, THE 
         NATIONAL DEFENSE OR NATIONAL SECURITY OF THIS COUNTRY.  
         THAT WAS NOT HIS INTENTION.  BUT MORE IMPORTANTLY, HE 
         NEVER HAD THE OPPORTUNITY. 

                          // END ACT //

MR. DIAZ SAYS HIS CLIENT TOLD HIM THAT, ABOUT A YEAR AGO, HE 
ATTEMPTED TO SEVER TIES WITH HAVANA.  BUT HE BACKED DOWN, 
ACCORDING TO MR. DIAZ, AFTER RECEIVING THREATS FROM CUBAN 
OFFICIALS ABOUT THE WELL-BEING OF HIS RELATIVES STILL LIVING ON 
THE ISLAND.   (SIGNED)

NEB/MCB/WFR

08-Oct-98 5:46 PM EDT (2146 UTC)
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Source: Voice of America
.