Exiles happy with judge who will hear boy's case
BY DAVID KIDWELL
Perceived as a friend to refugees and Castro's enemy, senior U.S.
District Judge
James Lawrence King entered center stage into the saga of Elian
Gonzalez to the
whoops and hollers of Cuban exiles on the courthouse steps.
``It's good news for us,'' said Cuban exile activist Jose Basulto,
founder of
Brothers to the Rescue. ``He's a very fair judge who will look
at this case with an
open mind. We could not hope for anything more.''
But the controversy surrounding political ties that plagued Miami-Dade
Circuit
Judge Rosa Rodriguez could follow the case to King's courtroom.
The political
consultant behind the effort to keep Elian in the United States
has also been hired
by King's son, who is seeking reelection as a Miami-Dade judge.
Whether the relationship is enough to keep King from deciding
the lawsuit by
Elian's Miami relatives could be decided as early as today.
King, 72, a Miami native and a federal judge since 1970, is considered
by legal
experts to be the most sympathetic judge on the federal bench
when it comes to
issues of political asylum. He's no-nonsense, independent and
willing to take
fresh looks at thorny issues.
He has presided over some of South Florida's most famous cases,
from Court
Broom to Iran-contra, but he is best known for his liberal stands
on immigration.
``He is the most knowledgeable and experienced federal judge in
the United
States on the question of political asylum,'' said Ira Kurzban,
a prominent Miami
immigration lawyer. ``For this case, he's the perfect judge.''
The judge has always been outspoken in his support for refugees.
Here are some
of King's relevant opinions.
July 2, 1980: Orders the halt of mass deportation hearings for
Haitian refugees,
and orders due process and a fair hearing for claims of political
asylum. The ruling
was backed by appellate courts.
June 30, 1984: Orders the return of six Marathon fishing boats
seized by federal
authorities after the Mariel boatlift of 1980. ``The tale of
every captain is one of
great personal courage and heroic effort,'' he said.
Jan. 6, 1993: Throws out gun-smuggling charges against anti-Castro
militant Tony
Bryant before the case goes to the jury, agreeing that he didn't
know the guns
were aboard his boat until he was at sea.
Sept. 10, 1993: Sentences 56-year-old Ivan Leon Rojas -- caught
with a boatload
of machine guns, assault rifles and 10,000 rounds of ammunition
-- to probation.
``It was intended by this defendant . . . not to harm America
or any of its
citizens,'' King ruled, ``but to conduct a private war of his
own. Did Congress have
in mind a person who had intense convictions -- patriotic in
nature?''
Appeals courts sent it back to King, who was forced to sentence
Rojas to two
years in prison.
June 24, 1997: Gives empathetic victory to thousands of Nicaraguans
and other
refugees, ordering U.S. authorities to halt deportations until
there is a trial on their
lawsuits. His decision was reversed on appeal.
Dec. 17, 1997: Brands Cuba's shoot-down of two Brothers to the
Rescue planes
as ``callous murders'' and ``outrageous contempt for international
law'' and issues
a judgment of $187.6 million against the Cuban government in
a civil case filed by
the dead men's families.
Herald staff writer Jay Weaver contributed to this report.
Copyright 2000 Miami Herald