BY JAY WEAVER
Miami's top federal prosecutor urged Senior U.S. District Judge
James
Lawrence King to remove himself from the Elian Gonzalez case
because
King's son, a Miami-Dade County judge, hired the political consultant
who
is organizing the local effort to stop the boy's return to Cuba.
In a statement unsealed on Tuesday by King, U.S. Attorney Thomas
Scott
objected to the federal judge's presiding over the high-profile
case, which has
placed a harsh media spotlight on South Florida's judicial system.
Attorneys for
Elian's relatives, who sued the Immigration and Naturalization
Service to keep him
here, did not object to King's staying on the case.
After receiving Scott's objections on Friday, King immediately
removed himself
from the lawsuit pitting Elian's Miami relatives against the
INS and the Justice
Department. But King never gave a reason for stepping down from
the case, which
was reassigned to Senior U.S. District Judge William M. Hoeveler.
In his statement to King, Scott furnished a big clue.
''If your honor retains assignment, decisions in this case could
substantially affect
your son's election,'' Scott wrote on behalf of the INS and Justice
Department.
''With absolute respect for the honor, independence and integrity
of the Court, the
Defendants respectfully request that this Court recuse from the
case in order to
preserve public confidence in the integrity of the judiciary
and the American
system of justice.''
Also, Scott expressed worry that King's busy schedule -- including
a criminal trial
that was going to end in another month -- would limit the judge's
ability to handle
the Elian case immediately.
In a court hearing last Thursday, King disclosed that he felt
obligated to disclose
that his son, Lawrence D. King, hired political advisor Armando
Gutierrez for his
judicial campaign this fall. He also mentioned that his daughter
Mary is assistant
U.S. attorney in Scott's Miami office. And, because of the urgency
of the Elian
case, he warned that he might not be able to get to the lawsuit
quickly.
Although he did not refer to it, what prompted King to make his
disclosures was
the decision by Miami-Dade Circuit Judge Rosa Rodriguez not to
make public her
professional relationship with Gutierrez. She had paid him and
his wife's
promotional business more than $60,000 in 1998 to manage her
first judicial
campaign.
Her ties to the political consultant became common knowledge after
she issued
an emergency protective order placing Elian with his great-uncle
in Miami pending
a temporary custody hearing in March. Afterward, Rodriguez faced
a shower of
criticism because of the apparent conflict of interest with Gutierrez.
Scott even referred to her links to the publicist in his statement
to King. ''The
impartiality of the state court judge has been questioned because
of the court's
relationship with publicist Armando Gutierrez,'' Scott wrote.
Copyright 2000 Miami Herald