This is the full text of what Circuit Judge Roberto M. Pineiro said
Wednesday
at the sentencing hearing of former Miami Commissioner Humberto
Hernandez
Jr., convicted last week of helping to cover up vote fraud in last
fall's
Miami election.
Pineiro came to the United States from Cuba when he was 5 years old. He
attended Miami-Dade Community College, the University of Miami and Duke
University Law School before becoming an assistant state attorney. He was
appointed to the county bench in 1989, and to the circuit bench in
1996.
This is his order:
Mr. Hernandez, you are fortunate in the love and friendship of
your
many friends who have spoken so eloquently on your behalf. You are
fortunate
in the love of your wife who has stood so closely by you every day
of
this trial. Her feelings for you would be obvious even to a blind
man.
You have the support of a large portion of this community who have
trusted
you enough to elect you to public office. In imposing a sentence
the nature
of the man is of course taken into account and all I have heard
today
from your many supporters speaks well for you.
The nature of the crime must also be factored in. Mr. Hernandez,
you
were convicted of a misdemeanor -- one of the least serious of
crimes.
A crime for which the maximum penalty is less than a year in jail.
However,
I cannot envision a more felonious misdemeanor than the one you
were convicted
of. You, sir, were convicted of helping to cover up a vote fraud
so massive
that it led to the overturning of a mayoral election.
As Americans we are fortunate to live in a country that is able to
guarantee ``liberty and justice for all.'' But that assurance is
evanescent, at best, without a strong democracy to give it substance. Our
elections must be fair, free and untainted by even the hint of fraud to
ensure the continued existence of that democracy. You sought to destroy
all this simply for your political advantage. Your actions in
participating in this coverup cannot be tolerated. But you went
further.
You tried to mask the stench of a corrupt election by creating an even
greater stink. You tried to deflect the focus of the vote-fraud
investigation by playing what has come to be known as the ``race card'' --
claiming that you were targeted because of your ethnic background. Sadly,
you were willing to polarize our community in order to save your political
power. This is unconscionable.
The only appropriate punishment for a crime, such as this, that
strikes
at the heart of our society, is the maximum punishment provided by
law.
As such, Mr. Hernandez, I adjudicate you guilty and sentence you
to serve
364 days in the county jail and all appropriate courts costs
including
$150 court assessment fund.
Copyright © 1998 The Miami Herald