Fla. Relatives Want To Talk to Father, Prepare Petitions
By Karen DeYoung
Washington Post Staff Writer
Sunday, April 9, 2000; Page A03
Attorneys for the Miami relatives of Elian Gonzalez spent the weekend
preparing last-ditch efforts to place legal roadblocks in the way of the
Justice
Department's insistence that they surrender custody of the boy to his Cuban
father this week.
While one group of lawyers polished the family's appeal of a federal court
decision that went against them last month, due Monday, another was
composing an emergency petition to Florida family court. The state petition,
said lawyer Eduardo I. Rasco, will ask for a trial in which Elian's Miami
great-uncle, Lazaro Gonzalez, could present evidence showing that he should
be granted custody of the 6-year-old child.
Those efforts, along with attempts by the Miami relatives to meet privately
with the father, Juan Miguel Gonzalez, seemed likely dead-ends. Another
Miami great-uncle, Delfin Gonzalez, showed up for the second day in a row
at the Bethesda home of a Cuban diplomat where the father is staying, but
Juan Gonzalez again refused to see him.
Delfin Gonzalez brought with him yesterday the two fishermen who found
Elian floating off the coast of Fort Lauderdale in November, one of three
survivors of a migrant shipwreck in which Elian's mother and her boyfriend
drowned.
The three said they had come to try to urge the father to meet with Lazaro
Gonzalez and other family members to "hash this out" away from Cuban and
U.S. officials, and ultimately to persuade him to defect and remain in
this
country with Elian.
They alternately accused the Cuban government of preventing Juan
Gonzalez from seeing them and criticized him for not caring about his son's
welfare.
"They won't let him meet with his own flesh and blood," Delfin Gonzalez
said
of Cuban officials. "It shows what a state security operation it is."
Asked by reporters about the possibility that Juan Gonzalez may be angry
with them for keeping his son away from him, Delfin Gonzalez said the
father speaks to his son by telephone "every day." But "the only thing
he and
the whole Gonzalez family [in Cuba] want to say is when is the child coming
back? They don't want to talk about his welfare."
The fishermen, who have become close to the Miami relatives and support
their cause, said they have developed personal bonds with Elian. "If this
child
goes back to Cuba, I would be devastated," said Sam Ciancio. "It would
be
like taking one of my own children. . . . My purpose in being here is to
sit
down and meet him [Elian's father] and tell him how much this child has
meant to us. . . . This child is part of our family now. We want to know
what
kind of man he is."
"We gave birth to that child in the ocean," Donato Dalrymple said, "so
this
man owes us more than a shake of his hand. . . . I want to pour my heart
out
to this man, and hopefully he will listen to what I have to say about the
rescue, and about how his son has bonded with me."
In statements to reporters Friday, after meeting with Attorney General
Janet
Reno, Juan Gonzalez thanked the fishermen. Yesterday, his lawyer, Gregory
B. Craig, said he may meet with them today, when he also is to see three
mental health experts named by the government to help facilitate Elian's
transfer to his father's custody.
But any meeting with the Miami relatives is unlikely, Craig said.
"The first thing that has to happen is Lazaro has to take by the hand Elian
Gonzalez and lead him to his father and say, 'Here is your son.' And until
that happens, it's very difficult to contemplate anything more," Craig
said.
A state court gave Lazaro Gonzalez interim custody in January, based on
his
argument that sending Elian back to communist Cuba would amount to child
abuse. Reno has said repeatedly that the Florida ruling is irrelevant because
the state has no jurisdiction over the boy, who officially is under the
care of
the Immigration and Naturalization Service.
Rasco, the relatives' attorney, said the petition he plans to file on Monday
will ask the court to declare Juan Gonzalez in default because he failed
to
respond to the initial state order, and will seek a full custody trial.
In part, it
will argue that Reno herself has said that she has no way of making Juan
Gonzalez stay in this country until the May 11 federal appeals hearing
once
he has his son. "The state court is the only body left to say, 'Don't leave
yet.
There's an appeal pending.' "
The state order also had said that Elian may not be taken out of Florida.
"If
the INS wants to violate the court order, I personally am going to do what
I
can to make them accountable," Rasco said. "Janet Reno is a member of the
Florida bar." But he acknowledged there is little that local authorities
could
do to prevent the INS from taking Elian wherever it wants.
Staff writer Linda Perlstein contributed to this report.
© Copyright 2000 The Washington Post Company