TERRORIST Luis Posada Carriles illegally entered the United States on March 18, 2005 aboard the Santrina, owned by Santiago Alvarez Fernández-Magriñá, according to documents presented before a federal court in Florida by U.S. district attorneys.

"By affirming that Posada Carriles entered the United States on the Santrina with Santiago Alvarez Fernández-Magriñá, the prosecution itself is questioning the credibility of Posada, Alvarez, his accomplices and even the White House," lawyer José Pertierra told Cubadebate. Pertierra is the Venezuelan government’s legal representative in the extradition case of the Cuban-born terrorist who is a naturalized citizen of Venezuela.

Upon entering the United States illegally, Posada and his accomplices lied to protect the Santrina crew. "To help a terrorist enter the United States illegally is a very serious felony that is punishable by several years in prison. To lie to cover up a felony is also a federal crime," added the legal expert.

Luis Posada Carriles entered the United States on March, 2005 and although that was publicly known, the Department of Homeland Security did not arrest him until May 17, 2005. Washington denied knowing his whereabouts. "Now we learn that one of the people who helped Posada to enter the country illegally worked for the FBI. It is evident that the White House has always known how Posada entered the country, with whom he entered, and where he was living," assured Pertierra, who added: "This is a blemish on them all."

Gilberto Abascal, key witness for the U.S. district attorney in the case of Santiago Alvarez Fernández-Magriñá and Osvaldo Mitat, informed authorities of his participation in the illegal operation to clandestinely bring Posada from Isla Mujeres, México, to Miami on the shrimper Santrina.

A document signed by U.S. District Attorney Alexander Acosta and Assistant U.S. Attorney Randy Hummel states that Abascal, an FBI informant, reported the crime. The revelation about Posada appeared in a letter dated February 27, sent by the district attorney in response to a petition by lawyer Arturo Hernández, who represents Fernández-Magriñá.

"He [Abascal] also traveled with Santiago Alvarez Fernández-Magriñá in his boat [Santrina] to Mexico during the successful adventure in human trafficking that resulted in Luis Posada’s illegal entry in the United States," the text of the letter reads.

El Nuevo Herald admitted this Saturday that "it is the first time a government document has corroborated that an FBI informant was in contact with Posada during his transfer to U.S. territory. The Cuban government has alleged this version of the account since April, supported by a report in the Mexican periodical Por Esto!, but Posada kept claiming that he reached the US by crossing the Texan border in a car and later taking a bus to Miami."

Abascal, 40, who is now under the witness protection program, confirmed his statement during a brief telephone conversation with El Nuevo Herald.

"It is true, everything I said is already in public documents," said Abascal, who declined to offer details about his service as informant.

Eduardo Soto, lawyer for Posada, said that he believes his client’s version, but said that "at this point it is irrelevant how he entered."

According to José Pertierra, "for the immigration case, it is clear that he entered illegally; it is not important if it was by land or sea. But lying affects his credibility in everything, including what he said about possible torture in Venezuela for which he received the benefit of the Convention against Torture. Posada lied, Alvarez lied, and Washington, through an FBI informant, knew perfectly well how this terrorist entered U.S. territory."

If the FBI knew —argues Pertierra— the Security Department knew. "Why didn’t they arrest him in March? Why didn’t they press charges against Alvarez and Mitat for having helped a terrorist to illegally enter the country?"

Abascal, Alvarez and Mitat were the crew of the Santrina, along with the skipper José Pujol and Rubén López Castro. The vessel sailed to Isla Mujeres and ran aground in a reef area on March 14, 2005, and after authorization by Mexican authorities they set sail for Miami, where they arrived four days later.

Judge Cohn authorized the presence of Posada as a witness in the case against Santiago Alvarez Fernández-Magriñá and Mitat, but Soto has stated that his client will not testify in the trial.

Posada Carriles has been in custody in El Paso, Texas, since last May 17. His principal benefactor, Santiago Alvarez Fernández-Magriñá, and Mitat, both 64, were arrested in late November after tips from Abascal regarding a cooler full of weapons.