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HavanaJournal.com: Cuba Politics

Daughter of pilot executed after Bay of Pigs wins lawsuit against Cuba

Posted November 20, 2004 by publisher in Cuba Politics.
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BY JAY WEAVER | Miami Herald

Actual title from the Miami Herald: Daughter of pilot executed by Cuba wins suit

A Palmetto Bay woman was awarded nearly $87 million in a lawsuit against Fidel Castro and the Cuban government for the desecration of the body of her father, a CIA pilot during the Bay of Pigs.

The daughter of a CIA pilot shot down during the 1961 Bay of Pigs invasion and later executed by the Cuban government won an $86.5 million judgment on Thursday—including huge punitive damages imposed against President Fidel Castro, his brother Raul and their country’s army.
Janet Ray Weininger, of Palmetto Bay, was only 6 years old when her father, Thomas ‘‘Pete’’ Ray, was killed. His body was frozen, desecrated and put on display in a Havana morgue for 18 years before it was shipped back to his family.

After her court victory, Ray Weininger said she felt a deep connection to her late father and a reward of justice.

‘‘I feel I have honored my father and stood with him,’’ said Ray Weininger, a 50-year-old mother of two. “It’s an incredibly good feeling. But at the same time, it’s so painful I want to cry.’‘

Ray Weininger—like a handful of others who also filed suits in state and federal courts in Miami—was able to pierce the Cuban government’s sovereign immunity under a 1996 law that allows victims of designated terrorist states to sue for damages. The 1996 Anti-Terrorism and Effective Death Penalty Act has allowed the families of Brothers to the Rescue fliers shot down by the Cuban Air Force, the jilted wife of a Cuban spy and the survivors of an American businessman executed during Cuba’s revolution to challenge Castro’s government in court.

In all the cases, the Cuban government has not defended itself at trial.

TROUBLE COLLECTING

Despite the legal victories, only the families of three Brothers’ shootdown victims have been successful in collecting damages from seized Cuban assets held in U.S. banks. The total collection: $93 million—only about half of the $187 million court judgment.

The families won their federal suit in 1997, but it took four years of heavy lobbying before the Treasury Department and President Clinton signed off on releasing the money.

The plaintiffs in the other two cases have not been as successful in collecting millions in damages.

‘‘We have made great progress in collecting three [Cuban] planes,’’ said attorney Fernando Zulueta.

The planes were seized after they were hijacked from Cuba and flown to the United States.

Two of the planes were sold at auction for a total of $19,000 in 2003, and the other was turned into an exile monument.

Zulueta represents Ana Margarita Martinez, the former wife of the Cuban spy Juan Pablo Roque. She won $27 million in Miami Circuit Court in 2001.

Zulueta is also the lawyer for the family of Howard Anderson, who was shot by a Cuban firing squad after the Bay of Pigs invasion. The Andersons were awarded $67 million last year.

Zulueta and other lawyers are seeking to recover an estimated $100 million in frozen Cuban assets that remain in U.S. banks.

Ray Weininger’s lawyers—Spencer Eig, Joseph Zumpano and Leon Patricios—said they plan to go after those assets or seize other Cuban properties held in the United States.

Ray Weininger’s nonjury trial began Monday, when she and a few others testified about the father’s death and the family’s ordeal.

Pete Ray, an Alabama National Guard pilot, was flying for the CIA in the April 19, 1961, Bay of Pigs invasion when his plane was heaviliy damaged. He survived a crash landing, she testified. His plane went down near Fidel Castro’s headquarters. He made it out of the plane alive, but was injured in a gun battle.

EXECUTION ORDERED

When her father was being treated by Cuban doctors for his wounds, the army carried out the orders of the Castro brothers and killed him with a single shot to his right temple, according to court evidence.

The body was kicked, spit on and displayed for political purposes during that period. Notified of his death, the Ray family was told only that he had died in the Caribbean Sea, with no other details.

Ray Weininger began her search for information as a child. But it wasn’t until 1978 that Castro admitted that he had the body of a U.S. pilot killed in the 1961 invasion.

In December 1979, after the remains had been identified through dental records as those of Thomas Willard Ray, they were shipped home to the United States.

REPULSED

Miami-Dade Circuit Judge Ronald Dresnick, in his eight-page opinion, said he was particularly repelled by evidence detailing the Cuban officials’ mistreatment of Ray’s body.

‘‘There was testimony at trial that Pete Ray’s body, which was kept in a freezer in Havana, Cuba, for 18 years, was desecrated,’’ Dresnick wrote.

“Eyewitness testimony established that high-ranking officials of the Cuban government would routinely remove Pete Ray’s body from the freezer to mock it and to place their feet on top of his face.’‘

Dresnick awarded Ray Weininger $65 million in punitive damages and another $18 million as compensatory damages for pain and suffering. He also awarded more than $3.5 million to her father’s estate, for which she is the representative.

Member Comments

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On November 20, 2004, publisher wrote:

The Bay of Pigs was a tragedy on many levels however, this verdict is a tragedy as well.

Of course this is a sad story and there should be some sort of compensation and closure but is this really a fair and just outcome within the US legal system?

“In all the cases, the Cuban government has not defended itself at trial.” Hmmm, maybe that’ because Cubans would not be granted visas to even enter the country?

I’m certainly no legal scholar but if the “crime” happened in another country, how can someone win a lawsuit in this country especially if the “plantiff” cannot even represent himself?

Let’ see, we attack a foreign country, they defend themselves and then we sue them for doing so. Does this sound like fair use of the US judicial system? $87.5 million? Why not just make $875 million?

Oh sorry, that would be unreasonable.

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On November 20, 2004, YoungCuban wrote:

It truly is a sad story and I feel for her loss,but this is a ridiculous outcome.

War is war, Cuba isnt the only country to publically display an enemies body as a sign of victory.

I personally would not want a montary judgement,I would want
the men responsible to face a term in jail or death.

That would be the correct way to honor her fathers death,but to profit from his death is out right disgusting!

Does this mean many Japanese citizens can sue the US military for dropping the big one on Japan that killed innocent civilians?

I think not because the US will tell us that it was justifiable, but yet the US would allow someone lay claims to a fortune in funds because a family member was killed during war???

The US would lose billions if lawsuits were to take place in Japan,Kuwait,Korea,Vietnam,Panama and present time Iraq,why doesnt someone sue the US for whats going on in Iraq right now?

Can my wife sue the US for killing her father during the Panama invasion? He was a civilian who was killed by the means of a flame thrower while in his car with his wife and child!

Funny how the US has never spoken about the city of Chorrera Panama massacre in where hundreds if not thousands of Panamanian civilians died at their hands,a city where no Panamanian military force was even active in??

 

 

 

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On November 20, 2004, Dana Garrett wrote:

Look at this claim in the story: 

“Eyewitness testimony established that high-ranking officials of the Cuban government would routinely remove Pete Ray’ body from the freezer to mock it and to place their feet on top of his face.”

Have you ever heard a lie more outrageous than that?  Does anyone seriously believe that they maintained this man’ body so that they could periodically remove it from a freezer to mock it and place their feet on it?  This allegation sounds like a deliberate smear invented by a bunch of hardliners.  Yet the real tragedy is they got a court to ratify this nonsense.  USA citizens should be outraged that its judicial was used for what was clearly propaganda purposes. 

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On November 20, 2004, wisper wrote:

Castro will pass soon…very….WHO will take his place? WHO?

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On November 21, 2004, waldo Parravicini wrote:

B.S and more B.S.

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On November 23, 2004, Josie J wrote:

Aside from the lawsuit (which is as stupid as stupid can get) does she really have to be THAT stupid as to say that now she has honored her father? Oh yeah daddy now I am a millionaire, this is me honoring you. Imbecile.

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On November 23, 2004, waldo Parravicini wrote:

Right On publisher, but lets not forget that the Empire and its arrogance has no limits and who is going to stop it? And how about compensation for the families of the cubans killed by the attackers? And the damage done to Cuba’ soil and sovereingty? Could the attackers and the bombing of Cuban airfields be classified as terrorists?