Published Friday, January 2, 1998, in the Miami Herald

Ballplayer to settle in 3rd country

Move keeps group intact, agent says

By FERNANDO ALMANZAR and JAVIER MOTA
Herald Staff Writers

Orlando ``El Duque'' Hernandez has decided not to accept the offer of political asylum extended to him by the United States and instead will settle either in the Bahamas or Costa Rica, several sources said Thursday.

Hernandez's decision is based on humanitarian rather than economic reasons, said sports agent Joe Cubas, who will represent the former Cuban national team baseball player.

The United States offered political asylum to Hernandez; his companion, Noris Bosch; and the national team's catcher, Alberto Hernandez (no relation to Orlando), but not to the other five Cubans who fled the island last week aboard a flimsy craft.

``The reason they are not going to the United States with those visas is because they asked for [visas] for all eight of them, and they are not willing to risk the lives and futures of the five who would be left behind,'' Cubas said. ``Those five human beings helped Duque, Alberto and Noris to freedom because they were tired of living their lives under the harassment of the Cuban government.''

But as a resident of a third country, Orlando Hernandez's chances of obtaining a multimillion-dollar contract in the United States increase considerably.

If he comes to the United States, he would have to be eligible for baseball's amateur draft in June and could negotiate only with the team that chooses him. It would also greatly reduces his chances of being signed by the Florida Marlins, for whom his half-brother, Livan, pitches.

``I'm very grateful to the United States government for immediately attending to my petition to give visas to my brother, his wife and Alberto,'' Livan Hernandez said. ``I did my part as a brother and compatriot to help them come to this country, which has given me so much. Now, if they want to go to Costa Rica or another country, that will be their decision. . . . The only thing I hope is that everything turns out fine for my brother and the rest of the people in the group that escaped Cuba.''

Cubas insisted the decision to request asylum from Bahamian and Costa Rican authorities was based on the threat the other refugees might be returned to Cuba under an agreement between the Bahamas and Cuba, signed in January 1997.

``The money never was a factor in our actions,'' Cubas said. ``The priority is to assure their liberty. And if they go to Costa Rica or stay in the Bahamas, it's not because they want to become millionaires.''

Orlando Hernandez, a right-handed pitcher who had been banned from the sport for life in Cuba, Bosch and Alberto Hernandez were released Thursday from the Carmichael Road Detention Center in Nassau and were staying at the home of Cuban-American businessman Gerardo Capo.

Five still detained

The other five Cubans remained in detention, but Bahamian authorities assured them they will not be returned to Cuba.

Vernon Burrows, deputy director of the Bahamian immigration service, said Thursday that Bosch, Orlando Hernandez and Alberto Hernandez submitted a letter requesting political asylum for them and their travel companions, even though the three were authorized Wednesday to enter the United States.

``There has been a turn'' in the case, Burrows said. ``I've just spoken with Orlando and he told me they're going to stay here for now.''

Rene Guim, who works with Miami-based Cubas, said the government of Costa Rica had offered asylum to the eight Cubans, who were rescued Sunday by the U.S. Coast Guard on Anguilla Cay and turned over to the Bahamian authorities.

``The documents granting the eight people entry to Costa Rica have already been signed and all that's left is for them to decide if they go there or stay in the Bahamas,'' Guim said.

Cubas, who in the past three years has helped about 20 Cuban ballplayers to defect, returned Wednesday to Miami from Nassau, but said he would return to the island today to sign a representation contract with Orlando Hernandez and Alberto Hernandez, Guim said.

Thinking about contracts

In addition to ensuring their freedom, the two ballplayers must start thinking about the contracts they can sign in the United States. Because of the regulations set up by Major League Baseball, their most advantageous plan would be to establish residence outside the United States.

As residents of another country, they would automatically become free agents and could negotiate their major-league contracts with the teams that offer them the most money. If Orlando Hernandez were subject to the major-league draft, he probably would be long gone by the time the Marlins, who will have the last pick in the first round, choose their first player.

That's the strategy Cubas has used with several of his clients, including former client Livan Hernandez. After defecting in Mexico in 1995, Livan Hernandez settled in the Dominican Republic and later signed a $4.5 million contract with the Marlins that included a $2.5 million bonus.

Another of Cubas' clients, pitcher Rolando Arrojo, who defected one week before the start of the 1996 Olympic Games in Atlanta, lived in Costa Rica for a while and signed a $7 million contract with the Tampa Bay Devil Rays, an expansion team that will make its debut in April.

Mixing laws, rules

``We don't know what is going to happen,'' said Juan Iglesias, who is now Livan Hernandez's agent. ``We are mixing immigration laws with baseball rules. He has to be a human being before he can be a baseball player.

``If he is in the draft, it might be hard for the Marlins to sign him. It's different if he is a free agent,'' Iglesias said.

Orlando Hernandez and the seven others escaped from Cuba last week aboard a sailboat. After 10 hours at sea, the craft began to sink, but the refugees managed to reach Anguilla Cay, a Bahamian islet, on Dec. 26. There they remained without food until they were rescued by the U.S. Coast Guard and taken to Freeport.

In his first statements as a free man, Orlando Hernandez said he decided to leave Cuba because authorities were harassing and threatening him in reprisal for his half-brother's defection.

Suspended for life

Orlando Hernandez and Alberto Hernandez were suspended from baseball for life, along with shortstop German Mesa, after the arrest in Cuba of Miami exile Jose Hernandez Nodar, Cubas' cousin, on charges that he encouraged the defection of Cuban athletes. After a trial, Hernandez Nodar was sentenced to 15 years imprisonment.

``El Duque'' was considered the best pitcher in Cuba before the 1996 Olympic Games but he was not allowed to pitch. He has not pitched in more than eight months. He has a lifetime record of 129-47.

``It would be very hard to rate him right now, because he hasn't pitched in a while,'' said Al Avila, the Marlins' director of Latin-American operations. ``But anybody who saw him pitch in the past would be interested in him.''

Hernandez is listed at 28, but he is believed to be older. His age makes him a different commodity than his brother. Avila said he would have to be ready to pitch in the majors right away. With Livan, teams knew he had time to develop and he was worth the risk on a long-range plan.

``Livan's situation was different,'' Avila said. ``He had youth on his side.''

Herald staff writers Cynthia Corzo and Mike Phillips contributed to this report.

Copyright © 1998 The Miami Herald