Doss, Frade Win Appeal, Allin Role Is Key Element
Episcopal News Service. July 28, 1983 [83141]
NEW YORK (DPS, July 28) -- Two Episcopal priests who were convicted of violations of federal law for their role in bringing more than 400 Cubans to the United States in May, 1980 have won reversal of their conviction in a circuit court opinion that may have wider implications.
The two -- the Rev. Joe Morris Doss and the Rev. Leopold Frade -- were convicted of violating the Trading With the Enemy Act. Their ship -- "God's Mercy" -- had sailed from Cuba with the refugees after President Carter had clamped down on the Freedom Flotillas that had brought more than 110,000 Cubans to U.S. haven. The pair had argued that their lengthy negotiation with Cuban and U.S. officials, which had included revealing the names of many whom they intended to bring over, left them conscience-bound to continue.
Although their trip was successful -- all the people who came in on "God's Mercy" found sponsors -- the ship was impounded and they were indicted by federal authorities immediately upon landing. That first indictment was dismissed and the case appeared closed until the succeeding administration began prosecution under the "Trading" law and related regulations pertaining directly to Cuba.
They were convicted in late 1981 and it was that conviction that was reversed in the mid-July action by the Court of Appeals of the Eleventh Circuit.
Reached for comment at his office in Orlando, Frade said of the conclusion of the ordeal, "I feel as Jonah must have done when he got out of the big fish. We have been in a bureaucratic belly for three years and, at last, we have been spit out." Frade had high praise for their attorney, Julian Murray, who has been their counsel for the entire time and a source of personal and family support as well. It was Murray who argued the appeal before the Circuit judge panel.
Frade also had high praise for Presiding Bishop John M. Allin, who has been, along with the Executive Council of the Episcopal Church and the General Convention, a vigorous supporter of the pair.
"I remember that day at Grace Church in New Orleans during the 1982 General Convention when Bishop Allin stood before 400 or 500 people -- including reporters from all over the country -- and proclaimed again his support for us," Frade said. "He has never wavered in his support for two parish priests and we will not forget that."
In ruling in favor of the two priests, the three-judge panel adopted, in part, an amicus curiae brief filed on behalf of Allin and the Council.
Following on that brief and Murray's arguments, the Court held that the pertinent law and attending regulations had been applied in validly, that the regulation itself appeared contrary to congressional intent and that the victims had received insufficient notice of the government intent and of the consequences to "bind their conduct."
In finding as they did on the nature of the laws rather than simply on alleged trial errors, the judges simply reversed the verdict rather than order a new trial. On this basis, further action against the two would have to involve a new indictment on different charges.
Furthermore, the ruling may have consequences beyond the Doss/Frade case because of the judges' insistence that the Carter administration was in error in attempting to create new regulations in this area. Their decision holds that immigration authority must be shared with the Congress and, when exercised by the Executive, must be in conformity with the law's intent. The decision also reiterates that the Executive does not have authority to enact immigration law by executive order.
Frade said that his immediate plans include vacation (Doss has already begun his) and consideration of his future. He was elected recently as bishop of Honduras and is mulling that call. At the New Orleans General Convention he was elected to the Executive Council and, shortly after Allin spoke at Grace Church (where he had been Doss's assistant) he moved to Orlando to begin work with an Hispanic mission.
Additionally, of course, both men still face a financial burden. Their vindication in the face of vigorous government prosecution has cost more than $90,000 and left both in debt.
Allin also touched on this aspect when he was told of the decision. "We are all extremely grateful for this decision but there is always the regret that so much time and effort was needed to vindicate the mission of two priests who saw human need and worked to meet it."