Immigration Case Against Cuban Militant Dismissed

EL PASO, May 8 -- A federal judge on Tuesday threw out immigration fraud charges against Luis Posada Carriles, the Cuban exile militant who was facing trial later this week, saying the government manipulated his statement to investigators.

U.S. District Judge Kathleen Cardone said the interpretation of the April 2006 interview "is so inaccurate as to render it unreliable as evidence of defendant's actual statement."

Justice Department spokesman Dean Boyd said prosecutors were reviewing the ruling and considering whether to appeal it.

Authorities said Posada, a 79-year-old former CIA operative and fierce opponent of Fidel Castro, confessed to sneaking across the Mexican border into Texas in March 2005.

Posada's attorneys argued that the interview was just a way for the government to get more information about the ongoing investigation against him.

Cardone agreed in her ruling, saying the naturalization interview was a pretext for the criminal investigation. She dismissed the indictment after granting a motion by Posada's attorneys to exclude all transcripts and tapes of statements he made during the interview. Cardone agreed in her ruling.

Cuba and Venezuela want Posada extradited for the 1976 bombing of a Cuban airliner. Posada has denied involvement in the bombing, which killed 73 people. A judge has refused, saying he could be tortured.