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.