The prosecution subpoenaed the 33-by-27-inch artwork last week, apparently to prove that Posada was on good terms with journalist Ann Louise Bardach, The Miami Herald reported. Defense attorney Arturo Hernandez says he will attack Bardach's testimony.
Bardach is being compelled to testify about her 1998 interview with Posada, in which he reportedly confessed to bombing Havana tourist locations. Her tapes of the interview also were subpoenaed.
Bardach's attorney, Thomas Julin, last week asked U.S. District Court Judge Kathleen Cardone in El Paso, Texas, to quash the prosecution subpoena of the painting, noting she had already submitted photographs of it. Cardone rejected the move Tuesday.
Meanwhile, defense attorney Felipe Millan continued questioning Department of Homeland Security attorney Gina Garrett-Jackson about her interviews of Posada after he slipped into the United States in 2005.
Posada is on trial on 11 charges, most involving perjury when he testified at several immigration proceedings in 2005 and 2006, including at least one where he was questioned by Garrett-Jackson.
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