Charged with:
a. Conspiracy to commit crimes against the United States: carries a maximum five-year term.
b. Conspiracy to commit espionage: carries a maximum life term.
c. Conspiracy to commit murder: carries a maximum life term.
d. Obtaining and using false identification: carries a maximum five year term with an additional five for illegal use of same.
e. Conspiracy to act as an unregistered foreign agent: carries a maximum 10-year term aggravated by an additional charge for persuading Rene, Antonio, Nilo, Linda, German and Alonso to become unregistered foreign agents.
Why he is Innocent

The maximum penalty was imposed on Gerardo for every infraction of which he was found guilty, without taking into consideration any of the extenuating circumstances. This shows the unmeasured and irrational nature of the penalties. According to U.S. law a maximum life sentence can be imposed in the event the defendant is proved to be potentially dangerous, aggressive or open to recidivism. At no point did the judge, jury or Public Prosecutor ever complain about the behavior of the accused, nor was there any evidence to suggest that he had not maintained high moral and ethic conduct during the entire period he lived in the USA. The issue of necessity was not even considered to be an extenuating circumstance.

The charges of a) Conspiring to commit crimes against the United States and b) Conspiring to commit acts of espionage are practically the same. Yet the maximum penalty was applied on both counts. No proof exists to indicate any conspiracy to commit a crime. As to the espionage charge, in what must be without a precedent, Antonio was convicted without proof or witnesses to indicate that he had sought or obtained information that could be detrimental to the USA. In fact, there were witnesses that specifically denied he had practiced espionage: Generals Clapper, Whilelm and Atkeson, Admiral Carroll and Colonel Buckner.

In the case of: c) Conspiracy to commit murder the evidential report presented no proof, witnesses or even circumstantial evidence that Gerardo had commited such a crime. By frequent incursions into Cuban air space, the victims in this case provoked, ridiculed and disobeyed the Air Traffic Control System of Cuba, the Cuban Civil Aeronautical Association and the Cuban Air Force.

The charge of conspiracy to murder was presented a full eight months after the initial charges were brought against Gerardo Hernandez and followed Miami press reports that the spies are related to the downing of the light aircraft. However, Gerardo had no authority to decide upon or alter the decision of Brothers to the Rescue to fly on February 24th, 1996.

The FBI was aware of the fact that when the planes were downed, Gerardo Hernandez was on vacation in Cuba.

In the judgment of Cuba, the Miami court violated International Law and the Act of State Doctrine, by personalizing Gerardo's behavior who did not represent the State of Cuba, had no role in the Cuban Air Force and took no part in the events of that day.

With the charge of b) Obtaining and using false identification, no proof was submitted of any intention to cause harm to the United States and, as such, no crime was committed with the use of the false identification.

As far as d) Conspiracy to act as an unregistered foreign agent is concerned, to be convicted of this charge the accused had to have demonstrated that he knew of this law beforehand. Although generally speaking, lack of knowledge about the law does not absolve a citizen for not abiding by it, there are unusual cases such as this where an accused has been exonerated because the applicable statute was not common knowledge.

2 Life Sentences plus 15 Years