An interview with Philip Horowitz, lawyer for René González Philip Horowitz, attorney for René González, was interviewed by Gloria La Riva of the National Committee to Free the Cuban Five, days after René's release from Marianna prison, Florida.
Q: Mr. Horowitz, thank you for this opportunity to interview you. I know you have been very busy. Months ago, Rene González was eligible for early release to be sent to a half-way house, I understand, but it was denied. Now, Judge Lenard is requiring that René remain in the United States to serve three years of supervised release. Is it unusual for his type of case, especially since he has served his entire sentence? What is the purpose of supervised release in general terms? How does it apply to René? A: After the Sentencing Reform Act of 1984 came into effect in 1987, parole was abolished in the federal system. In lieu of parole, every defendant who is sentenced to a term of incarceration is given a term of supervised release to follow incarceration, similar to the way the parole system used to work. For Rene's case, number one, it is not unusual to have supervised release following a term of imprisonment. Number two, it is unusual for the fact that Rene as a dual citizen has his Cuban citizenship literally ignored by the district court, requiring him to serve his supervised release in the United States. It is common for a defendant who is not a citizen of the United States to be deported and serve his supervised release, on paper only, in their home country. For example, a Colombian national would be deported to Colombia and there's no probation officer in Bogotá. That person would be at home with their family, technically on supervised release but with no reporting requirements or anything else that goes with supervised release, like what René has. Q: It was mentioned that there is a possible option that he could renounce his U.S. citizenship. With the U.S.-Cuba relations wouldn't that put him in jeopardy, or risk his having to be detained again? A: Rene offered before his release to renounce his United States citizenship, and in exchange, to return to Cuba. The offer was not accepted by the government because Rene's still here. If being forced to choose it would be my client's choice, as always, to return to his family. If that means renouncing his U.S. citizenship so be it. His marriage is more important than that, his ability to see his children is much more important than that. Q: On October 11, René met for the first time with the officers who will supervise his conditional freedom. What are the terms? Is he required to have a job, can he move to another state and what is required for that to happen? Is that what he is seeking? A: René has standard conditions as well as special conditions of his probation. His standard conditions are pretty typical for every defendant who is on supervised release. Those include maintaining gainful employment, or actively seeking employment; not possessing a firearm or other dangerous weapon; he cannot leave the judicial district where he resides without the permission of the probation officer; he must report once a month. If he changes his address, he has to inform the probation officer, also, refrain from excessive use of alcohol, etc. It's a pretty standard, not just for René. René has some additional special conditions that were ordered by the judge: He has to give the probation officer complete access to his financial information, submit to a search of his person and property conducted in a reasonable manner in a reasonable time, which is also a standard condition. One another thing that is different for Rene is he is prohibited from associating with or visiting specific places where individuals or groups such as terrorists, members of organizations advocating violence, organized crime figures or are known to be or frequent. Q: Do you plan any legal motions for Rene to be able to return home? You stated earlier that you might appeal to a higher court. A: We're not going to appeal at this point to a higher court from the judge's Sept. 16 ruling. René has decided to let his conduct show to judge Lenard that he is a person who deserves to be able to return to Cuba. And he is out to prove it. At the appropriate time I'll renew my request that he be permitted to serve the rest of his supervised release in Cuba. There is no timetable for that. Q: If René cannot go home for now, what is the possibility that his wife Olga can come to the U.S.? A: Olga was deported from the United States in the year 2000, and she cannot re-enter the United States without the express written permission of the U.S. attorney general or, I believe, the director of citizenship and naturalization, it could be customs and border protection, one of those departments that are under Homeland Security. They need to give express written permission for Olga to come to the U.S. Q: Many are concerned for René's safety in southern Florida. Monitoring the terrorists was after all the Five's mission, and there are many, including Posada, who walk the streets freely in Miami. Are you concerned for his safety? A: Absolutely, I am concerned for his safety, period. Q: How will he be able to find a job or even look for one under those circumstances? A: Knowing René, he is extremely resourceful, he is very, very bright and I hope he is not going to have difficulty finding employment. Q: When René walked out of prison last Friday, you were there to greet him along with his family. What did you see? A: I saw a man reuniting with his daughters, one whom he hadn't seen outside of a prison visiting room in 13 years. One who was too young to remember, she was four months old when he was arrested. It was just pure joy. And reuniting with his father and his brothers, it was one of the tenderest moments I have witnessed in my 26 years of practicing law. Q: Will you stay on as a member of the Cuban Five legal team? Are there any other pending legal issues for René? A: Of course I'll stay on, I've been working on the case since 1998. The Five have always worked as a team. With René, part of his leaving prison is bittersweet because he left his four compatriots behind. His four brothers are still in; we are still fighting for that same goal, to have all Five reunited with their families. Q: Is Rene's freedom of speech and ability to speak for their cause restricted, not just by legal terms, but also the issue of ³conduct² while in the United States? René will be a powerful spokesperson for all the Five's freedom. A: Speech is very different from conduct. It is my understanding that there are no restrictions on René's freedom of speech, unlike when he was in jail, and all his correspondence was being monitored, except for privileged attorney-client material or diplomatic type matters that are restricted. It is my understanding that he is permitted free speech. None of his mail or statements will be censored. Q: How restricted are René's movements in the United States? A: There are 94 zones within the United States judicial system that are federal districts. Whatever district René is residing in, he cannot leave without permission of the probation officer. For example, if he were living in the southern district of Florida, he would be able to travel from Vero Beach in the north to Key West in the south, but if he wanted to go to Disney World he would need permission of the probation officer because it is out of the southern district. Q: Does Judge Lenard have any jurisdiction over him right now? A: Yes, she does. The probation officer works for the court, and is overseeing his adjustment. Q: What are your thoughts about these long years of the Five's incarceration, what they have gone through? How do you see the issue of justice in the case of the Cuban Five? A: I think for the defendants, all five of them ' as well as myself ' it is has been a once-in-a-lifetime journey and it is still going on. I think everyone's faith in the justice system was not rewarded. We are supposed to have faith in the United States justice system but I don't think it was rewarded in this case. From Gerardo to Ramon to Tony to Fernando to René, it proved to them that the justice system doesn't work. Q: Please tell us about Rene as a person, and the other Five, since you've known them all, as well. A: I've known them for many years. I've sat with them in trial for seven-and-a-half months. They are some of the most educated people I've ever met, some of the most brilliant and talented people I've ever met. The experience of knowing and learning them as someone who doesn't come from that background, it opened my eyes to a lot of things, individually and collectively. Q: René has always been cheerful, with a great sense of optimism all these years. How is he feeling now? A: Obviously a little more cheerful, he has spent every waking moment with his brother, his father and his two daughters. And you can see how they are re-connecting, it is happening quickly, the adjustment that he is making from being torn away from his family for this long. You can see how the family unit remains cohesive. He and his brother, their relationship picked up right where it left off, it is amazing. And with his daughters and father as well. What remains is for him to be with his wife. Q: On behalf of so many people who are involved in the struggle for their freedom, we appreciate so much your efforts and those of the legal team. The fact that the trial attorneys have stayed through the appeals, that is very special. I think your relationship will last far beyond the termination of their case, with all Five at home. We appreciate all that you have done. A: Thank you. -- You are subscribed. This footer can help you. Please POST your comments to [email protected] or reply to this message. You can visit the group WEB SITE at http://groups.google.com/group/yclsa-eom-forum for different delivery options, pages, files and membership. To UNSUBSCRIBE, please email [email protected] . You don't have to put anything in the "Subject:" field. You don't have to put anything in the message part. All you have to do is to send an e-mail to this address (repeat): [email protected] .
