Published Friday, June 4, 1999, in the Miami Herald

Brothers survivors ask to circumvent appeal

By DAVID LYONS
Herald Staff Writer

Attorneys for families of Brothers to the Rescue members who were killed by the Cuban Air Force asked a federal judge Thursday to allow them to press their case to collect $170 million in Cuban assets on deposit at Chase Manhattan Bank.

The families hold a $187.5 million civil judgment against Cuba and its air force for the shooting down of three of the four men who died in 1996 while flying over international waters near the island.

Earlier this year, Senior U.S. District Judge James Lawrence King ruled that the families could garnish millions in fees destined for Cuba from telephone companies doing business there. Companies such as AT&T and MCI Telecom appealed.

Since King ruled, family lawyers have discovered the money at Chase -- $104 million owed by AT&T to ETECSA, the Cuban phone company; $37.5 million in a Cuban government money market account; and $8.2 million in an ETECSA account.

``We're saying we're entitled to a judgment on these monies,'' said Miami lawyer Aaron Podhurst, one of several lawyers representing the families. He said some of it was blocked by the U.S. government as far back as the 1960s.

At a hearing in Miami federal court, lawyers for the companies argued that the collection effort should be placed on hold until their appeal is heard by the U.S. Circuit Court of Appeals in Atlanta. Podhurst declared his clients should be allowed to go forward before the higher court rules.

King took the requests under advisement and said he would issue a written order.

e-mail: dlyons@herald.com

Copyright 1999 Miami Herald