Thursday, April 5, 2007

Federal Judge Rejects Venue Change for Men Accused of Smuggling Cuban Ballplayers

Defense attorneys for three men charged with smuggling Cuban baseball players into the United States asked to move their upcoming criminal trial scheduled for Key West, Fla., to Miami.

Among other things, they figured that Miami jurors would be more sympathetic to their clients' efforts to get Cubans out of Fidel Castro's Cuba.

But last week, without explanation, U.S. District Judge K. Michael Moore denied the request. It was opposed by Assistant U.S. Attorney Benjamin Daniel, the lead prosecutor in the case.

Miami attorney Susan Dmitrovsky, who represents Major League Baseball agent Gus Dominguez, a defendant in the case, argued in her motion that the trial, which begins today, should be in Miami because the defense attorneys, prosecutor and testifying agents for U.S. Immigration and Customs Enforcement and the U.S. Citizenship and Immigration Services are based in Miami.

Dmitrovsky also cited the high costs associated with transportation and lodging for the weeklong trial in Key West. She accused the government of "manufacturing venue" by asking for the trial to be held in Key West.

"The only nexus between the evidence in this case and any location within the Key West division of the Southern District of Florida is the allegation the aliens were detained by Monroe County and U.S. Customs officials," she said. "No other fact alleged to comprise the criminal conduct in this case occurred within the boundaries of the Key West division."

Dmitrovsky said in an e-mail that her defense team is not planning an appeal on the venue issue "at this time," but is preparing for the trial in Key West. "The expense and timing logistics for both parties to get all witnesses to Key West is quite daunting," she said.

Two defendants have taken plea deals in the case and will be cooperating against the three others.

Source

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