CUBA INVASION SUSPECTS 'NEVER LOST FAITH'.

Byline: Janet Gilmore Daily News Staff Writer

They were locked up in a federal prison through Christmas, accused of planning to invade Cuba.

But the newly-released suspects said they never lost faith that U.S. officials would conclude that their actions were legal.

"We can think and we can dream," said Rafael Garcia.

Garcia, who recently learned that charges against him and two other suspects had been dismissed, said in an interview this week that he and many other Cubans living in the United States dream of one day bringing democracy to their homeland.

But the guns, paperwork and other materials that law enforcement officials confiscated from them in December were not part of any plan to overthrow Fidel Castro, Garcia said.

Prosecutors have not disclosed what their investigations revealed. But Jan. 12, a day before the deadline to file charges or release the accused from custody, officials with the U.S. Attorney's Office dismissed charges against Garcia, 45, Rene Cruz Jr., 47, and Rene Cruz Sr., 68.

The three had been held on suspicion of conspiracy and of violating the U.S. Neutrality Act, which prohibits individuals from starting wars. The investigation is continuing, according to prosecutor Richard Drooyan, chief of the office's criminal division.

"We were not prepared to go forward at that time," Drooyan said. "It was a complicated investigation. There were a lot of things we needed to investigate. We were considering information provided by various sources."

Officials arrested the men Dec. 17, after an FBI agent filed an affidavit saying they may have been part of a paramilitary group that was "stockpiling weapons and other equipment" in the Cruzes' Huntington Park warehouse.

The FBI agent said he found 18 assault rifles, three sniper rifles, 14,000 rounds of ammunition, maps of Cuba, a book on mine warfare, gas masks, rubber rafts, night vision goggles and other equipment.

But Garcia said the 26 or 28 weapons confiscated were purchased in local gun shops and registered in his name. He said they were not assault rifles.

Garcia said he is a gun collector who, at times, shoots for sport with friends.

Paperwork labeled "Plan for the Armed Incursion and Assault Against the Guards" plotted out plans to invade Cuba, gather support from people there, distribute arms and launch rocket grenades, the agent's affidavit stated. Garcia incredulously still recalls an FBI agent asking him "Where are the grenades?" There weren't any, he asserts.

Among the items that the suspects agree were found on their property were a Cuban flag, maps of Cuba, guns and other items. Garcia and Cruz Jr. contend it is not unusual to find such things in the home of a Cuban who collects weapons for sport.

Cruz Jr. speculated that charges were dismissed because the federal officials realized they had no case.

"First of all because we know it wasn't anything illegal from us," Cruz Jr. said, speaking through an interpreter. "Second because the justice system in the United States works. And third because the community gave the guarantee (that) we are good people."