A federal appeals court in New Orleans on Thursday reinstated an indictment against Luis Posada Carriles that charged the Cuban exile militant with lying about how he sneaked into the United States in 2005.
On May 8, 2007, an El Paso federal judge dismissed the grand jury indictment after finding that investigators had ''engaged in deceptive conduct and outrageous tactics'' during proceedings. U.S. District Judge Kathleen Cardone accused the government of committing ''fraud, deceit and trickery'' to indict Posada and freed him from further prosecution in the case.
Posada returned a free man to Miami and has been living at an undisclosed location since then.
On Thursday, Posada's lawyer said his client would not comment but noted that he was ''obviously disappointed like we all are.'' Arturo Hernandez said he planned to ask the appeals court for a rehearing, and that if it is denied, he may appeal to the Supreme Court.
''Those decisions will be made in due course,'' Hernandez told The Miami Herald after the appeals court issued its ruling. ``For now, they are reinstating the case.''
Hernandez said he did not expect federal authorities to rearrest Posada pending all possible new motions.
Read the complete story at miamiherald.com.