From: David Sangurima <sangu@igc.org>
Newsgroups: soc.culture.latin-america
Date: 20 Jul 92 19:30 PDT
Subject: LA PENCA CHRONOLOGY
Nf-ID: #N:cdp:1473800082:000:16762
Nf-From: cdp.UUCP!sangu    Jul 20 19:30:00 1992


From: David Sangurima <sangu>
Subject: LA PENCA CHRONOLOGY

/* Written  4:51 pm  May 16, 1992 by christic in cdp:christic.news */
/* ---------- "LA PENCA CHRONOLOGY" ---------- */
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POLITICAL INTERFERENCE WITH THE CHRISTIC INSTITUTE AND ITS CLIENTS

Christic Institute, Washington, D.C., May 12, 1992

March 1986     Defendant Richard Secord--who manages the illegal
               Swiss bank accounts where Iran-contra profits are
               kept on deposit--hires former C.I.A. agent Glenn
               Robinette to ``dig up dirt'' about the Christic
               Institute, attorney Daniel Sheehan and clients Tony
               Avirgan and Martha Honey. Secord pays Robinette
               $50,000 to $60,000 from Iran-contra profits to
               continue his investigation. He later tells
               Congressional investigators that the Christic
               Institute's lawsuit threatened to ``knock out'' the
               Iran-contra operation.

May 1986       Christic Institute files the La Penca lawsuit on
               behalf of Tony Avirgan and Martha Honey in the U.S.
               District Court in Miami. The central issue in the
               lawsuit is a contra bombing in La Penca, Nicaragua,
               that killed several journalists. The complaint also
               alleges widespread gun- and drug-smuggling through
               contra bases. Judge James Lawrence King, the chief
               Federal judge in Miami, decides to preside over the
               case personally.

May 1986       Oliver North demands that the F.B.I. investigate
               the Christic Institute as a potential agent of a
               foreign power. The investigation disproves the
               accusation.

June 1986      Judge King imposes a ``gag'' order barring Daniel
               Sheehan, the Institute's general counsel, from
               communicating with the press or public any evidence
               on the defendants' weapons supply operation.

October 1986   After Sheehan testifies to Congress on his
               investigation, King issues an order to show cause
               why Sheehan should not be held in contempt of court
               for making public statements about the case.

November 1986  Attorney General Edwin Meese reveals the existence
               of an enterprise that is arming the contras with
               profits from illegal missile sales to Iran. King
               immediately withdraws his contempt charge against
               Sheehan. Subsequent Congressional investigations
               confirm the Institute's charges of gun- and drug-
               smuggling against the enterprise.

January 1987   Father Bill Davis of the Christic Institute is
               arrested in Costa Rica while attempting to serve
               one of the La Penca defendants with a subpoena. He
               is held without explanation.

May 1987       In San Jose, Costa Rica, plaintiffs Avirgan and
               Honey are a told a package is waiting for them at a
               nearby post office. They send their secretary for
               the package. As she leaves the post office, she is
               picked up by Costa Rican drug agents. The package
               contains a hollowed-out book containing cocaine and
               a crudely forged letter ``signed'' by Sandinista
               Commandante Tomas Borge. The letter suggests that
               the two journalists, the Christic Institute,
               Senator John Kerry of Massachusetts and the Soviet
               Ambassador are all part of a drug-smuggling ring. 

May 1987       Christic attorneys are held at the home of Avirgan
               and Honey house while Costa Rican drug police
               conduct a ``search'' for cocaine. No drugs are
               found, but the attorneys call a judge to the house
               to prevent a frame-up. Criminal charges are filed
               against Honey, Avirgan and their secretary--but
               later withdrawn. The Costa Rican Government later
               learns that the Central Intelligence Agency has
               financed an undercover group inside their drug
               police.

February-June  Judge King refuses to compel La Penca defendants
               answer interrogatories or to produce documents
               subpoenaed by Christic Institute.

July 1987      Judge King imposes severe limitations on
               plaintiffs' subpoena power--limiting the
               Institute's pre-trial investigation to events
               between December 1983 and November 1986. The order
               prevents the Institute from investigating charges
               of drug-trafficking and other crimes committed by
               the enterprise before the war in Central America.

October 1987   Judge King orders the Christic Institute to reveal
               the names of sources from an affidavit filed by
               attorney Daniel Sheehan, ignoring the Institute's
               pleas that the lives of sources could be
               threatened. King also ignores an amicus brief by
               the author of the racketeering statute. The brief
               states that the statute--under which the lawsuit
               was filed--allows plaintiffs to protect the
               identity of sources. Earlier, one of Avirgan's
               sources had been murdered in Costa Rica. Another
               was forced at gunpoint to retract statements he had
               made to Avirgan and Honey.

December 1987  During his deposition, defendant Robert Owen takes
               the Fifth Amendment in response to every question.
               The deposition is delayed for two months. Owen was
               Oliver North's emissary to the contras.

February 1988  Jack Terrell, a former mercenary and key witness in
               the La Penca lawsuit, takes the Fifth Amendment on
               all questions during his deposition. Off the
               record, Terrell reveals that U.S. Attorney Leon
               Kellner in Miami had threatened him with indictment
               for violating U.S. neutrality laws if he testified
               under oath about his direct knowledge of the
               defendants' participation in the bombing. Terrell
               is, in fact, indicted the day Judge King dismisses
               the La Penca lawsuit before it reaches a jury.
               Terrell is the only mercenary linked with the
               contras ever to be indicted by the U.S. government
               for violations of the Neutrality Act. 

               Oliver North's office notebooks later reveal that
               North ordered the F.B.I. to prepare a
               ``counterintelligence/counterterrorism plan''
               against Terrell, who was also the source for a
               Senate investigation of contra drug-trafficking.
               Charges against Terrell are later withdrawn.

Spring 1988    The Miami U.S. Attorney tells the Village Voice
               that he will refuse to investigate contra cocaine-
               or weapons-smuggling on second-hand evidence.
               Moreover, he promises to indict anyone with first-
               hand knowledge who testifies--``for example, in the
               Christic Institute case.''

Spring 1988    The Christic Institute files a motion charging U.S.
               Attorney Kellner with abusing his powers over the
               Miami Federal Grand Jury to intimidate and silence
               potential witnesses in the La Penca lawsuit. Judge
               King denies the motion and turns down Christic's
               demand for a hearing on the charges. King argues
               that a hearing would interfere with the Executive
               Branch's prosecutorial discretion.

Spring 1988    After Kellner resigns from the Miami Federal D.A.
               post, the White House appoints as his replacement
               Dexter Leighton--the attorney-of-record for La
               Penca defendant John Singlaub. Leighton's wife is a
               major public supporter of anti-Castro Cuban Juan
               Bosch--the number three man in charge of contra
               weapons supply.

April 1988     Judge King rules that no further discovery will be
               allowed after May 15, 1988, and directs defendants
               to prepare their motions for ``summary judgment''--
               a procedure that allows a judge to dismiss a
               lawsuit before evidence is presented to a jury.

May 1988       In final depositions, La Penca defendants Richard
               Secord, Albert Hakim and Rafael ``Chi Chi''
               Quintero take the Fifth Amendment on almost every
               question. Defendant John Hull disrupts the
               deposition by threatening violence and then walks
               out. Judge King refuses to compel Hull to attend
               depositions or respond to subpoenas.

May 1988       Judge King refuses to allow into evidence the sworn
               affidavit of key witness Edwin Wilson incriminating
               defendants Theodore Shackley, Thomas Clines,
               Richard Secord and others in political
               assassinations--one of the charges in the La Penca
               complaint. King insists instead on a deposition,
               but then cancels the deposition at the defendants'
               request. No testimony by Wilson is ever allowed
               into evidence.

May 1988       The D.C. Federal Court compels the State Department
               to release documents on the La Penca bombing but
               refuses to compel further discovery to explain a
               notation on one State Department document that
               states: ``La Penca--delib[erate] C.I.A. effort to
               throw people off track of real perpetrators.''

May 1988       Defendant Quintero refuses to produce subpoenaed
               documents or to answer questions about their
               contents. Judge King refuses to compel him to
               cooperate. King also prohibits Quintero from
               producing the same documents in his own defense,
               thus keeping the evidence out of the record.

May 1988       The F.B.I. refuses to produce subpoenaed documents
               on criminal activities alleged in the lawsuit.
               Judge King refuses to compel the F.B.I. to
               cooperate.

May 1988       The court excuses Oliver North, named as a co-
               conspirator in the case, from attending any
               deposition.

May 1988       Judge King refuses to postpone the trial to allow
               depositions of North, Quintero, Hull, Clines,
               Shackley and other defendants who had obstructed
               discovery or refused to attend depositions.

June 27, 1988  Four days before the trial is scheduled to begin,
               Judge King grants ``summary judgments'' in favor of
               all La Penca defendants. The order halts the trial
               and prevents selection of a jury. The judge says
               there is no admissible evidence showing that the
               alleged La Penca bomber was at the scene of the
               crime, or that there was any connection between the
               bomber and the other defendants. The judge
               dismisses evidence on the bomber as inadmissible--
               although there is no rule requiring plaintiffs to
               submit admissible evidence before the trial begins.
               His opinion also fails to mention admissible
               evidence already introduced by the plaintiffs into
               the court record.

February 1989  While the Christic Institute is attempting to
               appeal King's summary judgment order, King orders
               the Institute, attorney Sheehan and the plaintiffs
               to pay $1.2 million in punitive sanctions under
               Rule 11, charging that the lawsuit was
               ``frivolous'' and was filed in bad faith.

March 1989     The sanctions ordered by King are nearly four times
               the total book value of the Institute's property--
               including its office building and equipment.
               Enforcement of the sanctions threatens to close
               down the Institute and prevent plaintiffs from
               appealing King's rulings. 

               King denies the Institute's motion to postpone the
               sanctions order until the summary judgments and the
               sanctions have been appealed. At the last moment,
               the Institute is able to post a letter of credit
               secured by two supporters on the West Coast--thus
               temporarily halting seizure of the Institute's
               property.

Summer 1989    Defendant John Hull is released from jail in Costa
               Rica, where he has been held on drug-trafficking
               charges. He immediately violates his bail and flees
               to the United States. His escape is organized by a
               United States D.E.A. agent in Costa Rica, Juan
               Perez. The Costa Rican prosecutor later charges
               Hull with murder for his role in the La Penca
               bombing--confirming the Institute's lawsuit. But
               the Bush Administration ignores the Costa Rican
               Government's request for Hull's extradition to face
               murder charges.

June 1991      Three judges on the 11th Circuit Court of Appeals
               refuse to reinstate the La Penca lawsuit and affirm
               King's sanctions ruling--despite an outpouring of
               legal amicus support and a 1990 report by the Costa
               Rican Office of Judicial Investigation that accuses
               many of the Christic Institute's defendants of the
               same crimes charged in the suit. Leaders of several
               civil-rights and public-interest legal groups warn
               that the sanctions imposed in the La Penca case
               threaten the right of citizens to seek protection
               from the courts in cases that challenge the
               government or powerful corporations.

January 1992   The U.S. Supreme Court refuses to hear the
               Institute's appeal. When defendants move to seize
               the Institute's office building and payroll, the
               Innstitute pays more than $1.3 million--the
               original sanctions order, plus interest. 

February 1992  The three 11th Circuit judges rule that the
               Institute's appeal was also ``frivolous'' and order
               new sanctions. They authorize Judge King to set the
               additional penalty. The La Penca defendants ask for
               $400,000.

Spring 1992    The Internal Revenue Service prepares to act on a
               recommendation that the Institute's tax-exempt
               status should be revoked. The threatened I.R.S.
               action would be the first time in history a public-
               interest legal organization has been deprived of
               its tax exemption.

                            *    *    *

The Institute needs your support to carry on this fight! Our
Resource Catalogue includes innovative and carefully-researched
videos and books on covert operations, the drug trade and the
national security state. These resources are designed to give local
activists the tools they need to educate and organize for
progressive political change. For a free copy of our catalogue,
please write us at the following address or contact us at one of
the e-mail addresses posted below.

Please remember: The Federal Government is threatening to seize the
Institute's property. Our resources may not be available in a few
weeks. Time is running out, so please order now!

                          Christic Institute
                    1324 North Capitol Street, N.W.
                        Washington, D.C. 20002
                            (202) 797-8106

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