The New York Times
February 22, 2000

Custody Case of Cuban Boy Changes Hands

          MIAMI, Feb. 21 -- A hearing scheduled for Tuesday to determine
          whether a federal court has jurisdiction in the Elián González
          custody case was expected to be postponed, because the judge handling
          it was admitted to a hospital on Sunday.

          The case will be temporarily turned over to Judge Edward B. Davis of
          Federal District Court here, and at a court session on Tuesday he is likely
          to focus on reassigning the case by a random computer selection and
          scheduling further hearings, officials in his chambers said today.

          Judge William M. Hoeveler had planned to hear arguments on Tuesday
          to decide whether the court could intervene in the case of 6-year-old
          Elián, who was found clinging to an inner tube in the Atlantic in
          November.

          The child is at the center of an international fight between his father in
          Cuba, Juan Miguel González, and relatives in Miami.

          Last month, the Immigration and Naturalization Service ordered the
          return of the boy to his father, but relatives took the case to court to
          block the order.

          "We're not exactly sure what will happen tomorrow," said Roger
          Bernstein, a lawyer for the Miami relatives, including Lázaro González, a
          great-uncle who is caring for Elián. "But we've been told that we should
          be prepared to argue tomorrow so we will be."

          In another development today, Manuel González, another of Elián's
          great-uncles, told reporters that he was also seeking temporary custody
          of the boy. His lawyer, Jeffery Leving, said Mr. González had filed a
          petition to intervene in federal court on Friday.

          "The boy's father is the only person who is allowed to speak for Elián,
          and he has asked that Elián stay with Manuel until he can be returned to
          Cuba," Mr. Leving said. "I think the court should honor and respect that."

          Mr. González, who has maintained a low profile throughout the custody
          battle, is in disagreement with the other Miami relatives, including his
          brother Lázaro.

          After briefly meeting with Lázaro this afternoon and speaking to
          reporters, Manuel González complained of chest pains and was taken to
          a hospital. A hospital spokesman said he was in stable condition.

          Judge Hoeveler, 77, was admitted to a hospital in a Miami suburb on
          Sunday morning, after being unable to move his right arm and leg and
          having slurred speech. He was reported in stable condition today

          Judge Hoeveler's illness is likely to mean that the case will be assigned for
          the third time. At first, a court computer had assigned Judge James
          Lawrence King the case, but Judge King recused himself because of
          possible conflicts of interest.

          The case was then turned over to Judge Hoeveler, who is well known
          around the Miami community for presiding over the trial of the
          Panamanian dictator Manuel Antonio Noriega.