BY JAY WEAVER
With a dozen attorneys sitting at a negotiating table in the INS
district office in
Miami on March 29, Lazaro Gonzalez said he would agree to deliver
his
great-nephew Elian Gonzalez to immigration authorities only if
the 6-year-old
himself agreed to go back to his father.
Immigration officials scoffed. But the declaration also gave them
reason to believe
compromise was possible.
So began what ultimately turned into four fruitless days of closed-door
negotiations that are scheduled to resume this morning in the
U.S. attorney's
office on the eighth floor of the federal justice building in
Miami.
The lawyers aren't allowed to talk publicly about their deliberations.
But sources
familiar with the talks say they started on the morning of March
28 with
suspicions on both sides, but also with great curiosity on each
side about how
much the adversaries might concede.
The talks bogged down largely on two issues: Cuban leader Fidel
Castro's
unexpected announcement that Elian's father could come to the
United States,
and the insistence by Elian's Miami relatives that psychologists
in effect
determine whether the boy is to be transferred to the father.
The Immigration and Naturalization Service forced the relatives'
lawyers to the
table by threatening to revoke the boy's immigration parole and
move immediately
to turn him over to his father, Juan Miguel Gonzalez, in Cuba.
The INS wanted the
relatives -- who are fighting a federal court decision that cleared
the way for the
boy's return to Cuba -- to accept a fast-track appeal.
The talks began in earnest March 29, when Lazaro Gonzalez produced
his signed
counterproposal.
His plan: He would turn over Elian if independent psychologists
found it in the
boy's best interest and if Elian himself agreed to be transferred.
While the INS lawyers rejected that idea, they were encouraged
by the
great-uncle's apparent willingness to turn over the boy at a
neutral location,
somewhere other than his Little Havana home. Immigration authorities
do not
want to use force to remove the boy, fearing a violent confrontation
with protesters
ringing the home.
PSYCHOLOGISTS
They said they would consider allowing psychologists to act in
an advisory role to
help make the hand-over easier for the boy. But they would not
consider backing
off the change in custody.
That same night, immigration officials were also motivated by
Castro's bombshell
announcement that he would let Elian's father come to the United
States to claim
his son under certain conditions. Both sides learned of Castro's
comments during
the meeting. They were taken completely by surprise.
Talks continued on subsequent days, but with little progress.
Five lawyers represented the government; a total of seven attorneys
represented
the relatives, although not all were present at once.
``Too many lawyers in the same room is not such a good thing,''
said one person
within earshot of the negotiations between the U.S. government
and legal team for
the boy's Miami relatives.
The sessions were spiced up with occasional visits by Lazaro Gonzalez,
and his
daughter, Marisleysis, who made emotional pleas to let the boy
have a political
asylum hearing.
The talks were recessed March 31. Both sides remained stuck during
a weekend
break on the basic question of how the child would be transferred
peacefully to his
father.
SUSPICION
The relatives also remained deeply suspicious because the government
continued
to threaten to revoke the immigration parole that allows the
boy to stay in this
country.
Meanwhile, Elian's relatives launched a campaign on major television
news
programs to portray the boy's father as unfit to raise his son
-- despite
characterizing him as a loving father after Elian lost his mother
on a boat journey
from Cuba to Florida in late November.
Immigration officials, angered by those public relations attacks,
which they saw
as baseless, still put off revoking the boy's parole twice as
the negotiations
slogged on.
But on Monday, they declared the INS would transfer the parole
to Elian's father
upon his arrival in the United States. Juan Miguel Gonzalez would
then assume
temporary care of his son.
INS officials assured the Gonzalez relatives in Miami, along with
the vocal Cuban
exile community, that they would not remove the boy immediately.
And, after
recessing talks Tuesday at the U.S. attorney's office, officials
repeated those
assurances.
COUSIN FAINTS
The talks were put on hold Wednesday because Marisleysis Gonzalez,
a
surrogate mother figure, fainted during a round of television
interviews the previous
day. She was released from the hospital Wednesday afternoon.
A top INS lawyer told CNN Wednesday that further delays in returning
the boy to
his father may soon become ``intolerable.''
``It certainly is the case that, it seems to me, there will reach
a point where any
further delay is intolerable,'' said INS general counsel Bo Cooper.
``At this point, each passing day is another day of separation
between the father
and son,'' he said.
The announcement late Wednesday that Juan Miguel Gonzalez would
arrive in
the United States this morning seemed likely to harden the INS'
stance even
further.
But lawyers for the Miami relatives say they will turn over Elian
only at his
great-uncle's home and only if the INS demands that they do so.
While Lazaro
Gonzalez refuses to deliver the boy to a neutral location, his
attorneys say, ``He
will obey the rule of law.'' But neither the great-uncle nor
his legal team says that
hand-over will occur at a neutral location, such as Homestead
Air Force Base.
Copyright 2000 Miami Herald