U.S. turns up the pressure in Elian case
Any means may be used to return boy to his father
BY JAY WEAVER, ANA ACLE AND MARIKA LYNCH
Top U.S. officials vowed Sunday to end the Elian Gonzalez custody
case this week,
saying they will turn up the pressure and use whatever means
necessary to compel the boy's
Miami relatives to give him back to his father.
Department of Justice officials said they will issue a letter
as early as Tuesday demanding
that the relatives turn over the boy at a neutral location other
than their Little Havana home. If
they don't comply, officials will seek a federal court order
to release the 6-year-old to them
immediately.
If the family defies that order and breaks the law, the government
is prepared to use federal
marshals and immigration agents to pick up Elian and possibly
arrest his great-uncle
Lazaro Gonzalez, who is caring for the boy.
The dispute over Elian's future sparked debate nationwide Sunday.
On national television news
programs, three of Gonzalez's lawyers said Lazaro Gonzalez is
reluctant to deliver the boy
to a neutral location -- but that in the end he and his family
would obey the law if the
Immigration and Naturalization Service came to their home for
Elian.
''They will unlock the doors. They will stand back,'' attorney
Spencer Eig said on ABC's
This Week program. ''But Lazaro Gonzalez has made a solemn promise
to Elian that he won't
do anything to harm him. And to send that boy back to Cuba will
harm him.''
In other developments Sunday, Attorney General Janet Reno downplayed
talk about the
use of force to remove Elian from his great-uncle's home, stressing
that cooperation
is the preferred method to end the 4 1/2-month standoff. But,
if Lazaro Gonzalez proves to be
uncooperative, she hinted that seeking a court order and using
federal agents were last-resort
options.
''One of the things you do in a situation like this is say, 'what
if?' '' Reno said on
CNN's Late Edition. ''But I have neither received nor reviewed
nor approved any
plan that would do that.''
In Washington, meanwhile, Elian's father -- Juan Miguel Gonzalez
-- met with the
two fishermen who rescued his son off Fort Lauderdale on Thanksgiving
Day. But
Sam Ciancio and Donato Dalrymple, who are cousins, left the morning
meeting
separately.
''Me and my cousin have different opinions,'' Ciancio said, stressing
that he
respects the father's desire to reclaim Elian but that his cousin
thinks the boy
should stay in Miami. ''Donato Dalrymple does not speak for me.''
PROTESTS CONTINUE
In Little Havana, small protests continued. Dozens of people staged
minor
demonstrations, including a car caravan through the streets.
Protest leader Miguel Saavedra of the Vigilia Mambisa organization
was arrested
during the caravan when police concluded that the protest was
disrupting traffic,
said Miami Poice spokesman Delrish Moss.
Moss said Saavedra was charged with disorderly conduct and also
held on a prior
disorderly conduct bench warrant.
Also, dozens of supporters kept vigil at Elian's house, determined
not to let the
shipwreck survivor return to Cuba.
''We want Elian to stay,'' said Julia Vasquez, 59, a West Dade
housewife. ''I
believe it's now in the hands of God.''
What the government will do to resolve the crisis -- one that
has riveted the
world's attention because it involves a tug of war between Fidel
Castro and
Miami's Cuban exiles -- dominated TV and radio talk shows, in
the nation's capital
and Miami itself. The custody issue has deeply divided Miami-Dade
residents,
with a Herald poll showing that most Cuban Americans want Elian
to stay while a
similar number of white non-Hispanics and blacks saying he should
return to
Cuba with his father.
Justice Department lawyers want to transfer Elian to his father
by week's end,
while lawyers for his Miami relatives want to exhaust all legal
options to keep him
here first.
Juan Miguel Gonzalez, the father, arrived in Washington on Thursday
to reclaim
his son, who lost his mother in late November on a boat journey
from Cuba that
also cost the lives of 10 others.
EXPERTS MEETING
On Sunday, Juan Miguel, his wife Nersy Carmenate and their infant
son, Hianny,
met with a Spanish-speaking psychiatrist and psychologist hired
by the
government to discuss the most appropriate way for Elian to be
transferred to
him.
The meeting, held at his attorney Gregory Craig's law firm, was
''very positive,''
INS spokeswoman Maria Cardona said.
The experts plan to meet today at Jackson Memorial Hospital with
Lazaro
Gonzalez and his daughter, Marisleysis, who views herself as
a surrogate mother
figure to Elian.
But Lazaro Gonzalez asked that the meeting be delayed because
his daughter
was hospitalized again suffering from stress caused by the custody
dispute.
After the scheduled meeting today, immigration officials plan
to send a letter
Tuesday or Wednesday to Lazaro Gonzalez ordering him to surrender
Elian at a
neutral location, away from the dozens of Cuban exile supporters
surrounding his
Little Havana home. The transfer date could come possibly by
week's end.
In a letter Saturday to Reno, Lazaro Gonzalez said his family
was disheartened
that the government's experts won't be evaluating Elian.
''It would be difficult for us to believe that these experts were
selected by our
government simply because their opinions reflect your predetermined
views of this
matter without any consideration of Elian's best interest,''
Lazaro Gonzalez wrote.
''I believe that the experts should meet with Elian and his American
family before
reaching their conclusions.''
CHALLENGE LOST
Lazaro Gonzalez sued the INS after it refused to give Elian a
political asylum
hearing. But he lost the challenge in Miami federal court last
month.
Lazaro Gonzalez's lawyers are expected to file today a formal
appeal of U.S.
District Judge K. Michael Moore's ruling that Reno has the authority
to decide
what happens to Elian.
At the same time, the lawyers have asked Miami-Dade Circuit Judge
Jennifer
Bailey to grant Lazaro Gonzalez temporary custody of Elian because
Juan Miguel
Gonzalez has not responded to the great-uncle's custody petition
in family court.
But on Sunday, Bailey said she questioned whether she can consider
the petition
because ''much has occurred since Jan. 10,'' when a previous
state circuit judge
gave Lazaro Gonzalez emergency custody until the dispute were
resolved during
a full hearing.
Bailey said she was concerned about whether any of the issues
raised in family
court by Lazaro Gonzalez might be superseded by federal immigration
law.
''As reflected in the federal pleadings and Judge Moore's order,
the attorney
general determined that the child belongs with his father, a
determination which
the federal court found permissible and controlling as to the
child,'' Bailey wrote in
a recent order. ''Do the facts preclude the court from considering
any aspects of
the petition?''
The great-uncle's lawyers must respond to that question in court
papers by
Tuesday.