The Atlanta Court of Appeals lacks evidence to condemn the five Cuban anti-terrorists unfairly imprisoned in US jails, said Cuban Parliament Speaker Ricardo Alarcon.

Cuba´s Granma International Weekly today quoted Alarcon as saying the Atlanta Court has no other choice than to annul charge number three in the case of Gerardo Hernandez, one of the Cuban Five, as they are internationally known.

The legislative leader noted that charge is linked to the shooting down of two light aircraft that illegally entered the Cuban air space on February 24, 1996, and is “the one that most inflames passions in Miami.”

Regarding this, Alarcon stated that the attorney´s office itself already admitted at that court of appeals that the available evidence was insufficient to sentence Gerardo Hernandez, and “so the jury has to absolve him.”

However, Judge Joan Leonard refused to annul the charge, saying “it was too late, since that was what had been said for seven months and should come to the jury like that.”

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