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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS CASE NO: EP-07-CR-87-KC

THE UNITED STATES OF AMERICA, Plaintiff, v. LUIS POSADA-CARRILES, Defendant.

DEFENDANT LUIS POSADA-CARRILES’ UNOPPOSED REQUEST TO APPEAR BY TELEPHONE AT STATUS CONFERENCE COMES NOW, Luis Posada-Carriles, and respectfully requests permission of the Court to appear by telephone at the status conference, and as grounds would show: 1. After the Government’s emergency motion for continuance of the trial was granted, the Court set a status conference on May 20th, 2010 in order to determine the new trial date. Subsequently, at the Government’s request the status conference was rescheduled to June 2nd, 2010. 2. Undersigned counsel has made plans for, and will be in attendance at, the status conference on June 2nd, 2010, together with local counsel, Felipe Millan. Mr. Posada-Carriles, however, because of the logistical difficulties associated with

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overland travel from Miami, Florida and his advanced age, respectfully requests that he be allowed to appear by telephone (on at least two prior occasions Mr. Posada-Carriles has filed unopposed motions to appear by telephone before the Court and has previously provided medical documentation from his doctors that recommended against extended overland trips by automobile that could raise the risk of thrombosis or other heart and circulatory issues in support of his requests).1 Accordingly, Mr. Posada-Carriles, through his undersigned counsel, would waive any right to be physically present at the status conference. 3. The logistical difficulties and medical risks associated with travel to El Paso, Texas, are significant for Mr. Posada-Carriles. The journey by automobile requires 3-4 days of travel accompanied by at least two volunteers who drive him the entire way. These individuals do not charge any fee, but their expenses occasioned by the trip must be covered by the undersigned counsel. Further, as a result of the Government’s scheduling request to June 2nd, the status conference is set immediately after the Memorial Day weekend, which means that if the Court requires the presence of Mr. Posada-Carriles at the status conference, the volunteers would not be with their families during the holiday. 4. Undersigned counsel has made arrangements with Co-counsel Rhonda Anderson (who will not be traveling to El Paso, Texas for the status hearing) to 1

Mr. Posada-Carriles is not allowed to travel by any means other than by car. In the past he has traveled by private charter when funds were available for him to do so, but at the present time he is not able to afford the significant costs associated with such travel.

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personally appear with Mr. Posada-Carriles at the undersigned’s office for the purpose of conducting the telephone conference. Undersigned has contacted the Government’s representatives in reference to their position and they do not oppose to the relief sought herein. WHEREFORE the Defendant Luis Posada-Carriles respectfully requests that the Court enter an order permitting him to attend the status conference by telephone.

Respectfully submitted, s/ Arturo V. Hernandez_________ ARTURO V. HERNANDEZ, ESQ. Fla. Bar No. 0324078 Attorney for Defendant ARTURO V. HERNANDEZ, P.A. 2937 S.W. 27th Avenue, Suite 101 Miami, Florida 33133 Telephone: (305) 443-7527 Facsimile: (305) 446-6150 E-Mail:[email protected]

s/Rhonda A. Anderson_________ RHONDA A. ANDERSON, ESQ. Fla. Bar No. 708038 Attorney for Defendant RHONDA A. ANDERSON, P.A. 2655 LeJeune Road, Suite 540 Coral Gables, Florida 33134 Telephone: (305) 567-3004 Facsimile: (305476-9837 E-Mail:[email protected]

s/ Felipe D.J. Millan____________ FELIPE D.J. MILLAN, ESQ. Texas Bar No. 00788791 New Mexico Bar No.: 7220 Attorney for Defendant 1147 Montana Avenue El Paso, Texas 79902 Telephone: (915) 566-9977 Facsimile: (915) 562-6837 E-Mail: [email protected]

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CERTIFICATE OF SERVICE I hereby certify that on the 12 day of May 2010, I electronically filed the foregoing with the Clerk of Court using the CM/ECF system which will send notification of such filing to the following: John Williams VanLonkhuyzen, Esq. U.S. Department of Justice 10th Constitution Ave. NW Washington, DC 20530 (202) 307-1102 Email: [email protected]

T.J. Reardon III, Trial Attorney Counterterrorism Section, Nat’l Security Division U.S. Department of Justice 950 Pennsylvania Avenue, NW Washington, DC 20530 Telephone: (202) 514-1083 Facsimile: (202) 514-8714 E-Mail: [email protected] Jerome J. Teresinski, Trial Attorney Counterterrorism Section, Nat’l Security Division United States Department of Justice 950 Pennsylvania Avenue, NW Washington, DC 20530 Telephone: (202) 514-7146 Facsimile: (202) 514-8714 E-Mail: [email protected] Patricia J. Acosta, AUSA United States Department of Justice 700 E. San Antonio, Suite 200 El Paso, TX 79901 Telephone: (915) 534-6884 Facsímile: (915) 5356024 E-Mail: [email protected]

Bridget Behling, Trial Attorney Counterterrorism Section Nat’l Security Division U.S. Department of Justice 950 Pennsylvania Ave., NW Washington, DC 20530 Telephone: (202) 305-4803 E-Mail: [email protected] Jose Gonzalez, Esq. United States Attorney’s Office 700 E. San Antonio, 2nd Floor El Paso, TX 79901 Telephone: (915) 534-6884 Facsímile: (15) 534-3418 E-Mail: [email protected]

and I hereby certify that I have mailed by United States Postal Service the document to the following non-CM/ECF participants: None.

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/s/ Arturo V. Hernandez_________ ARTURO V. HERNANDEZ, ESQ. Fla. Bar No. 0324078 ARTURO V. HERNANDEZ, P.A. 2937 S.W. 27th Avenue, Suite 101 Miami, Florida 33133 Telephone: (305) 443-7527 Facsimile: (305) 446-6150 E-Mail:[email protected]

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