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Judge Sets Cuban Militant Free on Bail

Friday, April 06, 2007 6:08:45 PM
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EL PASO, Texas(AP)


A federal judge on Friday ordered Cuban militant Luis Posada Carriles set free on bail pending trial on charges he lied in a bid to become a U.S. citizen, and the government immediately asked that he remain jailed.

U.S. District Judge Kathleen Cardone didn't immediately rule on federal prosecutors' request. They wanted him to remain in custody while they determine if they can appeal the judge's decision.

Posada, 79, is wanted in Cuba and Venezuela on charges that he was in Caracas when he plotted the deadly 1976 bombing of a Cuban jetliner. He also has been ordered deported by a federal immigration judge, though U.S. authorities have been unable to find a country willing to accept the former CIA operative.

Felipe D.J. Millan, Posada's attorney, said Posada remained jailed in Otero County, N.M. Friday afternoon. Millan said he did not know when Posada could be released, but said it would likely not happen over the holiday weekend.

"He deserves to go home and live in peace and enjoy his family," Millan said. "Obviously we'll do whatever we need to do to post bond. We'll try to get him as soon as possible."

Cardone ordered that Posada post a $250,000 cash or corporate surety bond. His wife and two adult children must post a $100,000 appearance and compliance signature bond and agree to take responsibility of him when he is released.

The judge also ordered that Posada, a former CIA operative who had a role in the failed Bay of Pigs invasion of Cuba, live with his wife in Miami under 24-hour home confinement and submit to electronic monitoring.

The government argued that because of the timing of the order, about 2 p.m. Eastern time on Good Friday, Posada could be released before government lawyers had time to decide and get permission to file an appeal.

"The United States needs time to consider the adequacy of these conditions and whether to appeal this court's ruling," the prosecutors wrote.

Posada has been jailed since May 2005, when he was arrested on an immigration violation after telling authorities that he sneaked across the Mexican border into Texas. An immigration judge later ordered that he be deported, but ruled that Posada could not be sent to Cuba, where he was born, or Venezuela, where he is a naturalized citizen, because of fears that he could be tortured.

His trial is set for May 11.

Copyright 2007 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

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