The Miami Herald
January 20, 2000
 

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