BY JAY WEAVER, FRANK DAVIES AND ANDRES VIGLUCCI
Even as Elian Gonzalez's Miami relatives vowed to go to the U.S.
Supreme
Court in their fight to prevent the boy's return to Cuba, their
lawyers and
government officials have been quietly seeking a compromise that
would
avert a long legal battle and unrest on the streets of Miami.
Sources involved in or knowledgeable about the talks, which have
been
going on for weeks, say both sides remain far apart. An attempt
at
mediation by U.S. Sen. Robert Torricelli, D-N.J., collapsed last
week
even after the Miami relatives offered to drop some of their
legal claims in
exchange for an immigration court hearing for Elian, several
sources said.
But the effort to negotiate a solution to the international custody
battle
continued Wednesday in Miami, when government lawyers and attorneys
for the Miami relatives sat down at the U.S. attorney's office
downtown.
The meeting, convened by government officials, focused on what
the Miami
relatives' lawyers plan to do next rather than on deal-making,
sources said.
After the meeting, both sides said they would continue talking.
The discussions
will continue even while the Miami relatives' lawyers prepare
an appeal of
Tuesday's federal court decision that upheld U.S. Attorney General
Janet Reno's
authority to send Elian home to his father in Cuba.
``We're maintaining a dialogue with the Department of Justice,
and I think
everyone agrees that it's important we continue that dialogue,''
said Kendall
Coffey, one of the attorneys representing Elian's Miami relatives.
Coffey, the former U.S. attorney in Miami, declined to go into specifics.
In addition to Coffey, Roger Bernstein, Linda Osberg-Braun and
Barbara Lagoa
represented the interests of Elian's Miami relatives at the meeting.
Representing
the government side were U.S. Attorney Thomas Scott, First Assistant
U.S.
Attorney Guy Lewis and Assistant U.S. Attorney Dexter Lee, along
with INS
lawyers William Howard and Dan Vara.
The relatives' lawyers have made one wish plain: They hope the
government will
agree to take no action to remove Elian until their appeal of
U.S. District Judge K.
Michael Moore's order is concluded. So far, though, the government
has not
responded publicly to the plea.
Officials at the U.S. Immigration and Naturalization Service,
however, stressed
that the fact they're willing to talk doesn't mean that Reno
is softening her position
that Elian must go home -- only that they're open to working
out a mutually
acceptable way of accomplishing that goal.
VIOLENCE CONCERN
Government officials have acknowledged that they have been hesitant
to take
aggressive action in the case, such as forcibly removing Elian,
in part because of
concern over setting off potentially violent demonstrations by
Cuban exiles.
``The court has sustained our decision, and we want to work with
all the parties
involved in moving toward an orderly process of effectuating
that,'' said Maria
Cardona, chief spokeswoman for the INS in Washington, declining
to discuss
particulars.
Behind the scenes, however, Reno is coming under increasing pressure
to act
decisively now that her ruling has the firm backing of a federal
judge.
On Wednesday evening, Reno met in her office with influential
Washington lawyer
Gregory Craig, who is representing Elian's father, Juan Miguel
Gonzalez. Craig
did not return a call to his office. Reno issued a brief statement
reiterating her
intention of returning Elian to Cuba.
``I believe it is time for Elian to be reunited with his father,''
the statement said in
part. ``I told Mr. Craig that we will work with everybody concerned
to achieve this
goal in an orderly, fair and prompt manner.''
INTERNAL DEBATE
Tuesday's ruling by Moore has spurred internal debate inside the
Department of
Justice over whether to move quickly to return Elian to Cuba,
or allow time for the
appeal to be concluded, a process that could take months. Forcibly
removing the
child from the Little Havana home of his relatives is the last
option being
considered, but has not been ruled out, one source said.
``There are a lot of things we are considering,'' a Justice Department
official said,
declining to elaborate.
Even less clear is what the Miami relatives hope to gain from
negotiating, given
the government's stated unwillingness to budge from its position
ruling out any
kind of immigration or asylum hearing for Elian.
But their overtures to the government, which led to the Torricelli
mediation, may
reflect a recognition of their narrowing legal and political
options. Independent
legal experts say the appellate court in Atlanta is highly unlikely
to overrule
Moore, while proposals in Congress to grant Elian legal status
to circumvent INS
control of his case remain stalled.
At the very least, the family's lawyers have asked the government
to take no
immediate action to remove Elian.
ALL THE WAY
The lawyers said Wednesday they would go as far as the Supreme
Court if
necessary to prevent the 6-year-old child, who lost his mother
in an ill-fated
smuggling trip in November, from being returned to Cuba.
``Yes, definitely, the case of Elian Gonzalez is important enough
to go all the way
to the Supreme Court,'' said Spencer Eig, a member of the family's
legal team.
Eig and Coffey, speaking to local and national media during an
early morning
round of interviews at La Carreta restaurant in Little Havana,
reiterated their hope
that immigration officials will not remove Elian from his Miami
relatives' Little
Havana home while their appeal is being readied.
``There is no emergency to return him to Cuba,'' Eig said. ``Let
the appeals
process play out. Elian deserves his day in court.''
Sources said the family's attorneys tried to gain the government's
agreement to
allow that during the conversations mediated by Torricelli.
FULL HEARING
The family's goal, sources said, was to obtain for Elian a full-blown
hearing that
would allow them to air their concerns over conditions the boy
would face if
returned to Cuba, and allegations that the boy's father and grandmothers
had
been coerced by the government to call for his return to the
island.
One offer from the relatives was to drop the custody petition
they filed in
Miami-Dade's family court.
``It never came to fruition,'' said a source familiar with the
negotiations. ``But that
go-around is an indication that all the parties involved are
open to a resolution.''
Torricelli, however, suggested that Justice officials were unwilling
to bend on
allowing some kind of hearing for Elian -- the issue over which
the boy's relatives
sued and lost in Moore's courtroom. He did not say that he intervened
in the
talks, but confirmed that they took place.
``It's regrettable that this case is now being resolved in the
courts over legal
technicalities without exposing conditions in Cuba or exploring
whether the father
is acting out of free will,'' Torricelli said.
``The Department of Justice does not appear to be sensitive to
the interests of the
child.''
Herald staff writer Alfonso Chardy contributed to this report.
Copyright 2000 Miami Herald