BY DAVID KIDWELL
Four Cuban-American jurors delayed a money-laundering trial in
Miami's federal court
Monday to express anger at the government over the seizure of
Elian Gonzalez and to
tell the judge they might be unfair to prosecutors because of
it.
One juror broke into sobs while being questioned by U.S. District
Judge Patricia Seitz,
prompting her to leave the bench to give him a comforting embrace.
News of the incident swept through the federal courthouse Monday,
bringing into focus the
potential implications of the Elian case on the criminal justice
system. Legal experts agreed
that the plight of the 6-year-old will probably become a boiler
plate question for potential
jurors throughout South Florida.
''We feel that a miscarriage of justice has been done,'' juror
Carlos Thomas Perez -- a father
of five who works for the Miami-Dade property appraiser's office
-- told Seitz from the jury
box. ''I am proud. It was my decision to become an American citizen,
because I am proud
of this nation.''
Perez's emotions surfaced as he recalled being interviewed by
immigration officers when
he first came to the United States in 1974.
''The only question they would ask me -- because I was underage
at the time -- that in a
case of war this nation needed my blood I would gladly do it
for them,'' Perez said,
breaking into sobs. ''I am sorry. I feel bad. I feel like I am
back in Cuba.''
Seitz put her arm around him.
''I hear your emotions, Mr. Perez. I can only say that this weekend
touched everybody
in this community,'' the judge told him. ''I have been praying
that out of this hurt that all
sides feel that we can begin the process of healing by recognizing
that we are all human
beings, that we all have a stake in this democracy.''
TRIAL INTERRUPTED
The poignant scene interrupted the week-old money-laundering trial
of Stephen
Weil, 65, of Lauderhill and Yale Garber, 74, of Plantation, who
were charged in a
federal sting operation that began as a probe of the Seminole
Indian gaming
casinos.
No alleged wrongdoing was uncovered by the Seminole Tribe, but
Garber and
Weil were accused of trying to launder a total of $590,000 in
drug profits.
Seitz denied Assistant U.S. Attorney Jena King's request that
Perez be excused
because of his emotional anti-government sentiments regarding
Elian, citing his
stated ability to set aside his feelings and judge the case impartially.
The issue arose first thing Monday morning when Perez sent Seitz
a note saying
''a few'' jurors needed to discuss a problem with her. Meanwhile,
federal agents in
the case overheard loud voices from the jury room using foul
language to describe
Attorney General Janet Reno.
JURORS QUESTIONED
Seitz opted to question the four jurors individually.
''It's a possibility that I might give an edge, or take an edge
off the government,
and I just wanted to express that,'' said juror Salvador Del
Piño, a computer
programmer. ''If you think that -- feeling the way I feel --
I might be inclined to give
an edge to the defendant, or whatever, then I should be excused.''
Said juror Jose Garcia, an air-conditioning engineer with two
children: ''I feel very
discouraged over what happened. I just wanted to make sure you
knew how we
felt. . . . I will try to be as fair as I can. It's just that
everything happened, and it
really hurt me. That's all I can say.''
Juror Jose Diego Guerra, whose daughter is a Fox TV reporter in
Tampa,
concurred. ''Even though I was very angered by the things on
the weekend, I know
that I can judge this case by the evidence,'' he said.
After pressing each of them on whether they could set aside their
feelings on
Elian, Seitz ruled that everyone should stay on the jury.
Copyright 2000 Miami Herald