The Miami Herald
April 25, 2000
 
 
Emotion for Elian spills into courtroom

 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