Corbacho Daudinot v. Puig Valdes et al

Filing 82

NOTICE by Miguel Angel Corbacho Daudinot of Filing Newly Discovered Evidence in Support of Plaintiff's Response in Opposition to Defendant's Motion for Rule 37 Sanctions (Attachments: # 1 Exhibit A, # 2 Exhibit B) (Bravo, Kenia)

Sentence Number: Two Hundred Twenty-Nine (229)
In Cienfuegos on May 23rd, 2011
President: Ana Maria Bilbao Ramos
Judges: Vivian Patricias Saez Hidalgo
MaylinCarballosa Padron
Jesús Pena Iznaga
Roque Armenteros Montalbán
Heard: In oral and public trial before the Penal courtroom of The Popular Provincial
Tribunal of Cienfuegos, case number ninety-three of the year 2011 of Las Tunas Police
Department, followed by a crime of human trafficking.
Appears: The Fiscal Minister
And: The accused, ALBERTO YOSBEL BERMUDEZ FERRER, Cuban citizen, twenty
years old, natural of Cienfuegos, son of Juan Alberto and Alina, of single civil status, white,
with 12th grade education, unemployed, with I.D. Number 89102031126, domiciling on
sixty-second avenue, number 5922, between 59 and 61, Cienfuegos, who is incarcerated
without bond, and who is represented by public defender Vidal Martin Noa.
The accused JUAN CARLOS LAO GONZALEZ, Cuban citizen, forty-three years old,
natural of Cienfuegos, son of Carlos and Ana, of married civil status, white, with 12th grade
education, occupation driver, with I.D. Number 87100726006, domiciling on sixty-third
street, building 4, apartment 5, city Grifo, Cienfuegos, who is incarcerated without bond,
and who is represented by public defender Aurelio Castillo Alvarez.
As Speaker Provincial Judge of Cienfuegos, Vivian Saez Hidalgo.
First Whereas: It has been proven that ALBERTO YOSBEL BERMUDEZ FERRER, while
in Ecuador, a country in which he resided since 2009, in a date not well established but
known to be in February of 2010, communicated with his brother Yunier Bermudez Ferrer,
a U.S. resident, whom he conveyed his desire to travel to the U.S., his brother told him he
would put him in contact with a man known as “Freddy el calvo”, a resident of the U.S.
who would help him. During the same month, February of 2010, the referred citizen
contacted the accused BERMUDEZ FERRER via telephone, whom he assured of his
ability to transfer him to the U.S. without complying with immigration procedures, in
return he wanted for the accused to return to Cuba and contact in our country the members
of the baseball team of Cienfuegos, whom he had to convince to abandon our territory
illegally to play in the North American major leagues. In that moment naming the
following players Edwin Vassel Pedroso, Pavel Quesada Pedroso, Heiker Hernandez
Menendez, Noelvis Entenza Gonzalez and Yasiel Puig Valdez, the escape would take place
on a fast boat which would pick them up in some point of the Cuban coast; this was
accepted by the accused.
Things being thus, BERMUDEZ FERRER, in order to carry out the plan traveled to our
country, on February 24, 2010, and days after took it upon himself to locate the baseball

players to which he would make the offer of deserting our country to play American major
league baseball. In this order of events, on March 27, 2010 the subject known as “Freddy el
calvo” communicated via telephone with BERMUDEZ FERRER on a cell phone that the
accused used, telling him to rent a tourism car so that together with the athletes they could
travel to Las Tunas from where they would illicitly leave. BERMUDEZ FERRER
communicated with his step-father and also accused JUAN CARLOS LAO GONZALEZ
and told him the plans he had, as well as the tasks he had to comply with, accepting LAO
GONZALEZ agreed to be part of the plan and since BERMUDEZ FERRER did not have a
drivers license and did not know how to drive, the car was rented under LAO
GONZALEZ’S name, he rented a Hyundai with tag number T-27033, which would be
returned two days later in Las Tunas. In this car, before heading to Las Tunas, they went to
Palmira a province in Cienfuegos and contacted on two occasions the pitcher of the
Cienfuegos baseball team Noelvis Entenza to propose their offer of leaving the country to
play in the North American team, the offer was not accepted by this athlete, and then in the
city of Cienfuegos they contacted the right field player of the same team Yasiel Puig
Valdez and made the same offer which he did not accept.
So on and so forth things continued on to the houses of Pavel Quesada Pedroso, Edwin
Vassel Pedroso, and Heiker Hernandez Menendez, who after a conversation with
BERMUDEZ FERRER accepted the offer already narrated and traveled with the accused
in the rented car to Las Tunas. During the trajectory the accused received a phone call from
the before mentioned “Freddy el calvo” who told him someone named Ivan would call him,
and would give him the details related to the established plan. After receiving said call,
BERMUDEZ FERRER was told by the before mentioned Ivan that when he got to Las
Tunas he was to get out of his vehicle in a place called La Caldoza and begin to walk with
a book under his left arm, which would serve as a way to identify him. He and his
companions were detained in said city.
Once the accused were detained, BERMUDEZ FERRER’S cell phone which he used to
communicate with the exterior, a book which he used to make himself identifiable, a
photocopy of his passport and a paper with “Freddy el calvo” name on it were taken as well
as the rented car utilized by them to travel.
The accused ALBERTO YOSBEL BERMUDEZ FERRER, of the description before
mentioned, of normal social behavior and no penal antecedents.
The accused JUAN CARLOS LAO GONZALEZ, of the description before mentioned, of
normal social behavior and no penal antecedents.
Second Whereas: To prove the facts narrated before, this tribunal unilaterally values each
and every evidentiary material put in its reach, in first order the declarations offered by the
accused dismissing the arguments offered by the same, they entirely deny the narrated
events, both alleging that they were doing a favor based on each of their points of view,
their allegations are contrasted with the coherent and convincing declarations offered by
the witnesses Yasiel Puig Valdes, Pavel Quesada, Edwin Vassel, Heiker Hernandez and
Noelvis Entenza, who not only during the oral trial but also during the investigative phase
of the process manifested in detail how they were contacted and by who, leaving no doubt
about the participation of both accused and their role in the illegal plan to leave the country
with the athletes, this being the price that BERMUDEZ FERRER would pay for his desired
trip to the U.S. and with the help of the essential co-accused and step-father of the same

that due to the bond that unites them would not have hesitated to help him accomplish his
purpose of which he would obviously feel satisfied, apart from this being very clear the last
of the baseball players mentioned the active role of LAO GONZALEZ in the intent to
persuade him to abandon our country. It is very clear to this tribunal that the actions
performed by BERMUDEZ FERRER were to obey instructions from the exterior which
would guarantee him his own leave from the country. Evidently this was all known by
LAO GONZALEZ , who during the rental of the car as well as during the whole trajectory
gave signs of being involved in all the details not only of contacting the ball players but
also in the specific form in which the vehicle was being used, vehicle which would be
returned in Las Tunas. In this order all the evidence was taken into account, evidence of
BERMUDEZ FERRER making contact with the U.S. resident, the information that the
accused holds an Ecuadorian citizenship, the fact that the accused had a paper with “Freddy
el calvo” written on it, the rented tour car used by the accused, as well as the rental
agreement, the social behavior and characteristics of the accused, the characterization of
the athletes that were contacted, as well as that from BERMUDEZ FERRER’S brother,
resident in the U.S.
Third Whereas: That the Fiscal Minister sustained and raised to definitive the provisional
conclusions reached regarding the cause and events narrated, and the imputation and
sanctions imposed.
Fourth Whereas: That the mentioned defenders sustained their conclusions established in
the case.
First Legal Reason: That the events that have been proven constitute a crime of HUMAN
TRAFFICKING as provided in article 347.2 of the Penal Code in force, and conformed to
this it appears that the accused dedicated themselves to contacting the different baseball
players from Cienfuegos as part of the organized plan so that these without complying with
immigration procedures would leave the country, both accused acting in this case based on
communications and direction from the exterior.
Second Legal Reason: That the accused are criminally responsible for being the authors of
mentioned crime due to the actions they committed aimed at carrying out the criminal
activity in this case as established by article 18.1 and 18.2(a) of the Penal Code.
Third Legal Reason: That there are no concurrent circumstances that modify the Penal
responsibility faced due to committing this crime, because this tribunal does not consider
the circumstances seen in article 52(ch), because in their moment the accused recognized
their actions, this position was not held throughout the whole oral trial where they denied
particulars of vital importance for the imputation.
Fourth Legal Reason: To establish the adequate measure for a sanction to impose the
Tribunal considered what was established in article 47.1 and twenty-seven both from the
Penal Code, getting from here the special social danger that the actions of the accused had
because of being involved in acts with the goal of accomplishing the illegal desertion of
national territory by athletes of Cienfuegos of high performance with high perspectives, not

taking into account the legal immigration procedures that rule and in that way undermining
the immigration procedures that our country guides itself by. Apart from this the accused
co-worked with people that from the U.S. pretend to not know the prestige of our
Revolution and make fun of our laws, inserting themselves in the stealing of our talents
which takes place from that country to go against our development. It was also taken into
account that the roles of both were active since they were the ones that were in our territory
and contacted and in some way materialized in Cuba the idea or plans of the people in the
exterior. Taking into account that the accused have a normal conduct and lack penal
antecedents and taking into account the social danger already explained, they are deserving
of a sanction of being imprisoned for a time close to the minimum limits, determined by
their protagonist role in the crime committed on their part, without being used in
BERMUDEZ FERRER’S advantage the circumstance seen in article 17.1 of the mentioned
Penal norm, because he executed highly dangerous acts which were very well thought out
and had nothing to do with immaturity due to his youth, this sanctions will be used to
comply with the sanctions provided by the legislator.
Fifth Legal Reason: That this Tribunal considers that we should apply the assessed sanction
established in article 43.1 of the Penal Code, consistent with the decommissioning of the
instruments used in the crime, that is to say dispose them of some of the goods that were
used as instruments to commit the crime, in this case a cellular phone model APHU of
black color with its accessories, a photocopy of a Cuban passport and I.D. and Ecuadorian
citizenship as well as a book.

Judgment: We find the accused ALBERTO YOSBEL BERMUDEZ FERRER and
JUAN CARLOS LAO GONZALEZ as AUTHORS of a HUMAN TRAFFICKING
crime and sanction them to EIGHT YEARS of DEPRIVATION OF FREEDOM for
the first and SEVEN YEARS OF DEPRIVATION OF FREEDOM for the second,
which they must serve in a penitentiary establishment that the Interior Minister
assigns.
The accused MIGUEL ANGEL CORBACHO DAUDINOT is sanctioned as
AUTHOR of a HUMAN TRAFFICKING crime and is sentenced to SEVEN YEARS
OF DEPRIVATION OF FREEDOM, which he must serve in a penitentiary
establishment that the Interior Minister assigns.

Additional Sanctions: With the sanction consisting in deprivation of rights are also
included the lost of the right to vote actively or passively, as well as the right to occupy an
official post in this institution that is related to political activity or administrative activity of
the State, or in state economic units or mass social organizations, for the term of the
principal sanction.
With regard to occupied property: It is disposed that:

•

One cellular phone model APHU black in color with its accessories, used but in
good shape be given to the Ministry of Communication.
• One paper cut out is maintained with the events.
• One auto Hyundai brand with its accessories be left to the free disposition of the
business TRANSTUR.
• That the rental agreement of one tour car be left with the events.
Precautionary Measure: The precautionary measure of provisional imprisonment is
imposed for the accused since they did not give any varying motives for the crime they are
accused of and having in mind the nature of the sanction imposed and once settled and firm
the sentence and executed the principal sanction the precaution days suffered by the
accused will be added.
This sentence is susceptible to an Appeal before the Supreme Court within 10 able days
following its notification.
Notified in the preceding form:
BY THESE MEANS WE PRONOUNCE OUR SENTENCE, ORDERED AND
AFFIRMED.

(FDO) BILBAO RAMOS, SAEZ HIDALGO, CARABALLOSA PADRON, PENA
IZNAGA, ARMENTEROS MONTALVAN.MAIKENIA CASTELLON SUAREZ, JUDICIAL SECRETARY OF THE FIRST
POPPULAR PROVINCIAL TRIBUNAL OF CIENFUEGOS
I CERTIFY: That the anteceding is an authentic copy of its original that forms part of this
case, and that is composed of four pages, and that has been authorized from this legal form,
and so that it is recorded I extend the present with the proper date.
VTO. BNO. PRESIDENT

SECRETARY
illegible