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Suspected Cuban agents
say FBI broke promises about not prosecuting
By Sean Gardiner. South
Florida Sun-Sentinel. Posted June 8
2006.
Charges that a husband and wife acted as
agents for Cuba should be dismissed because
the FBI's case is built on broken promises
not to prosecute if the man cooperated with
the investigation, defense attorneys say.
Those contentions contained in defense
motions will be the focus of a June 14 hearing
in Miami before U.S. District Judge K. Michael
Moore, who will determine if the case against
Carlos and Elsa Alvarez should be dismissed.
The couple, who worked at Florida International
University, have been held without bail
since being arrested in January.
The indictment charged that for 30 years,
the Alvarezes supplied non-classified information
to the Cuban intelligence agency, mostly
about anti-Castro Cuban exile groups in
Miami.
In several motions filed over the past
week, defense attorneys have asked that
the judge dismiss the case on various grounds,
including that FBI agents reneged on their
promise not to prosecute Carlos Alvarez,
61, and his 56-year-old wife if he cooperated.
That motion by attorney Steven Chaykin
states that FBI agents confronted Carlos
Alvarez on June 22, 2005, in a Miami Publix
grocery store "where he regularly purchased
coffee after attending morning Mass at his
nearby church."
There, agent Alberto Alonso, who tape-recorded
the interview, told the professor, "We're
giving you a chance for you to tell us what's
going on so we can leave you alone. ...
Because we don't want nothing with you,
you understand?"
The agent's partner, Rosa Schureck, added,
"... That's why I told you that today
was the most important day of your life
because your future is determined today,
but not only yours, the future of your wife,
Elsa, your children."
Alonso told Alvarez that as long as he
told them the truth, "We can protect
you."
Chaykin contends that "over three
grueling days of interrogations," Alvarez
cooperated fully, answering all questions
truthfully, allowing agents to search his
house and providing access to his computer.
"Now, in an outrageous and unconscionable
violation of its commitment to Dr. Alvarez
to leave him and his family alone, the government
has charged him with failing to register
as an agent of a foreign country based entirely
on the information he provided," the
motion states.
The attorneys also asked the judge to restrict
the prosecution to activities conducted
within the five-year statute of limitations
instead of the 30-year period in the indictment.
The U.S. Attorney's Office and the Alvarezes'
lawyers declined comment.
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