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U.S. Told to Give Noriega Any Data on Castro Talks : Trial: Defense hopes to show that ex-Panama leader met with Cuban at behest of American agents, not to discuss drugs.

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SPECIAL TO THE TIMES

Federal prosecutors must turn over to Gen. Manuel A. Noriega’s defense lawyers any classified documents that show the former Panamanian ruler often met with Fidel Castro at the behest of the U.S. government, a federal judge ruled in a decision made public Friday.

Those documents, if they exist, could be crucial to the defense’s efforts to show that a July, 1984, meeting between Noriega and the Cuban president was not related to narcotics trafficking, as described in Noriega’s criminal indictment.

The order was issued by U.S. District Judge William M. Hoeveler as prosecutors were telling prospective jurors that Castro might testify in the trial of Noriega, who is charged with turning Panama into a haven for drug smugglers.

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“We anticipate there will be testimony by Fidel Castro about events that happened in Havana, Cuba,” Assistant U.S. Atty. Michael Patrick Sullivan told the first of 50 potential jurors. Sullivan went on to say it is unlikely that Castro will appear in person.

Castro has met with Noriega’s defense team and publicly said he was aiding Noriega. But Noriega attorney Frank Rubino has refused to comment on reports that he may introduce Castro’s videotaped testimony.

The idea of hearing Castro’s testimony brought at least two Cuban-Americans in the jury pool to their feet. “I wouldn’t be able to be fair . . . . I’m just being honest,” one woman, identified by the Associated Press as Maria Amarin, said after being asked by Sullivan if she could hear the case with impartiality.

“I feel the same,” said another prospective panelist, Flora Arias.

About one-third of the first 115 persons called as potential jurors are Latino, and, as reflects the Miami population, the vast majority of those are Cuban-born and staunchly anti-Castro.

Hoeveler urged the potential jurors to keep an open mind. “Even people you consider bad may tell the truth,” he said. “No one is all bad or all good.”

In his order, Hoeveler said that “Noriega seeks to show that he regularly acted as an intermediary between the U.S. and Cuba, often meeting with Castro at the behest, or with the approval, of the (United States). Noriega’s position is that, without this context, his visit with Castro (in July, 1984) will stick out as an isolated event with sinister overtones.”

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Therefore, the judge said, “Noriega is entitled to have the jury consider the July, 1984, meeting within the broader context of his relationship with Castro.” He ordered the government to turn over any records that demonstrate “the frequency of Noriega’s contacts with Castro, the extent to which they show activity unrelated to drug trafficking and the fact that these contacts were either approved by, or had some value to, the U.S.”

In the indictment, the government charges that Noriega flew to Havana to ask Castro’s help in mediating a dispute with Colombian drug barons over the seizure of a cocaine lab in Panama.

Noriega’s lawyers have met with Castro, and Cuban officials have said they are prepared to provide proof that there was no Cuban involvement in the crimes with which Noriega is charged.

Most of the defense requests for classified documents discussed in the 41-page order, which was heavily censored by the Justice Department, were denied by Hoeveler. He ruled, for example, that evidence of Noriega’s meetings with President Bush and with ex-National Security Adviser John M. Poindexter were irrelevant.

The judge did, however, require prosecutors to give the defense any documents that show “that persons identified as Noriega’s associates in criminal activity were employed by the CIA . . . .”

Noriega’s defense lawyers have said that, although the general may have been involved in the drug trade, his activities were authorized by the CIA, the Drug Enforcement Agency and other U.S. agencies.

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Jury selection in the trial, which is expected to last up to six months, resumes Tuesday.

Picking the Noriega Jury

Potential jurors in the drug-trafficking trial of Manuel A. Noriega were sent a 27-page questionnaire that asked a broad range of questions about their knowledge of the case, television viewing habits and knowledge of world affairs. Here are some of the questions:

* Have you read any book or other material or seen any programs about the Drug Enforcement Administration? If yes, specify the author and title, if you remember.

* Have you read any materials or seen any programs about the operation of any United States intelligence agency?

* Have you read any materials or seen any programs about the Medellin cocaine cartel?

* Do you watch any of the following programs? “60 Minutes,” “20-20,” “Nightline,” “Frontline,” “America’s Most Wanted,” Other.

* Have you ever heard of Manuel Antonio Noriega?

* As a result of what you have seen, heard, read, or discussed about this case, have you formed an opinion of General Manuel Noriega’s innocence or guilt? If so, what is your opinion.

* If you have ever heard of or read about any of the following individuals, place a check mark next to each person you have heard or read about. George Bush, Oliver North, Manuel Noriega, Admiral Murphy, Elliott Abrams, George Shultz, Edwin Meese, Ronald Reagan, Eric del Valle, Philip Habib, Robert McFarlane, Fidel Castro, John Poindexter.

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Source: Associated Press

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