Lawyer: INS workers told to destroy Elian documents
MIAMI, Florida (AP) -- An attorney for
Immigration and Naturalization Service
employees said his clients were told to
destroy or conceal documents that
contained "anything derogatory" about
the Elian Gonzalez case.
Attorney Donald Appignani testified last
month that the Miami INS workers told him that "the U.S. government could
be
breaking the law" by ordering evidence destruction, the South Florida
Sun-Sentinel reported in its Saturday editions.
He said he did not hear the alleged orders, but was told of them by the
INS
employees. Appignani said in an interview with the Fort Lauderdale-based
newspaper that he doesn't know whether the allegations are true.
Appignani's testimony was taken for a federal lawsuit filed by Elian's
Miami
relatives against the INS and Attorney General Janet Reno claiming the
April 22
armed raid that removed the boy from their home violated their constitution
rights.
"Basically this is what I heard," Appignani testified. "People were instructed
to
remove anything derogatory to the Elian Gonzalez case."
INS spokeswoman Patricia Mancha said Saturday she could not comment on
the
accusations because the case was pending.
Appignani said he approached the attorney for the family of Lazaro Gonzalez,
Elian's great-uncle, about the information in November at the request of
his
clients.
However, during the deposition he declined to disclose which employees
told him
of the orders, who gave the instructions and what information the documents
and electronic mail contained.
The Gonzalez family attorney, Ronald Guralnick, said he has asked a federal
judge to force Appignani to disclose those details. The U.S. Attorney's
Office
said it would support Guralnick's motion.
"This is a major break in the case," Guralnick said. "I'm looking forward
to the
court's ruling ... and I'm looking forward to talking to (Appignani's)
clients."
Appignani said in court filings that his clients fear reprisal by their
employers if
their identities are revealed.
The Gonzalez family lawsuit filed last September claims Reno and the INS
used
false statements to obtain arrest and search warrants used in the pre-dawn
raid
that seized Elian, then 6 years old, and reunited him with his father,
who took
him back to Cuba.
Elian had been in the care of the Miami relatives since he was rescued
on Nov.
25, 1999, clinging to an innertube off Fort Lauderdale. His mother and
10 others
died when the boat smuggling them from Cuba to Florida sank.
The lawsuit claims the raid violated the family's rights of expression
and
assembly, freedom from unreasonable searches and seizures, and freedom
from
the use of excessive force without due process of law.
It seeks unspecified compensatory damages for mental distress, physical
injury,
and property damage, in addition to punitive damages.
Appignani also testified that INS employees felt an atmosphere of contempt
at
the agency's Miami office toward Cuban Americans.
"That type of statement is ridiculous," said John Sheairy, chief of staff
for
district director Robert Wallis. "The men and women for the Miami district
are
professionals."