ANDRES VIGLUCCI
During the time he has been in Miami, Elian Gonzalez has spoken
to his father in
Cuba on the phone at least once a day, often more -- and most
of their
conversations have been recorded by the boy's caretakers.
The family's advisors do not acknowledge the existence of the
Elian tapes, but
two of his Miami relatives have let the fact slip out on two
occasions, once during
an interview with U.S. government officials, and the second in
an interview
published this week in the New York Daily News.
Family spokesman Armando Gutierrez would not confirm or deny on
Tuesday that
the conversations are recorded, and declined a request for an
interview with the
relatives.
``I cannot comment on that, and they're not going to talk, either,'' Gutierrez said.
The subject of the tapes is a potentially sensitive one. Florida
law forbids
recording a phone conversation without the other party's explicit
consent, even
when the other party is outside the state. Violation is a third-degree
felony,
punishable by up to five years in prison.
Linda Tripp, whose unauthorized recordings of her conversations
with presidential
paramour Monica Lewinsky led to President Clinton's impeachment,
is facing trial
on two felony counts in Maryland, which has a law similar to
Florida's.
FATHER TOLD
A source who knows the Miami family said they record virtually
every
conversation, partly on the assumption that the Cuban government
is taping them
as well. The source was insistent that the relatives always advise
the boy's father,
Juan Miguel Gonzalez, that the calls are being recorded.
``They tell the father they are taping the calls,'' the source said.
A spokesman for the Cuban government, which has accused the Miami
relatives
of kidnapping Elian, said he was not surprised to learn of the
taping.
``It doesn't surprise me that this family would be capable of
that, given everything
else that they have done,'' said Luis Fernandez, spokesman for
the Cuban
Interests Section in Washington, D.C. He added that the boy's
Miami caretakers
have refused to allow Elian to speak with his father or grandparents
for the past
three days.
The first public indication that calls were being recorded came
with the release by
the government last week of transcripts of interviews between
Lazaro Gonzalez,
Elian's great-uncle, and the U.S. Immigration and Naturalization
Service.
At one point, Lazaro Gonzalez tells the INS interviewer that he
is convinced that
Juan Miguel Gonzalez's public assertions that he wants Elian
back in Cuba are
the result of coercion by the Cuban government.
Asked why he thinks so, according to a transcript of the interview,
Lazaro
Gonzalez says that Juan Miguel Gonzalez initially asked his Miami
relatives to
take care of the boy, and on one occasion told him that Elian
had lost nothing in
leaving Cuba.
``I have this recorded,'' the transcript quotes Lazaro Gonzalez as saying.
SUNDAY STORY
The second indication was buried deep in a report on Elian's daily
routine that
was published Sunday in the Daily News. It quotes Delfin Gonzalez,
Lazaro's
brother, as saying that all the calls between Elian and his father
are taped.
Delfin Gonzalez ``says the recordings may one day be released
to prove that the
boy wants to stay in Miami,'' the Daily News said.
The Miami relatives, who are fighting to retain custody of Elian,
have insisted that
he consistently expresses a wish to stay in Miami, contradicting
assertions by
his father that the boy wants to return to Cuba.
Child psychologists, however, warn that the boy's words can't
be given too much
weight because 6-year-olds are too easily swayed by adults.
Copyright 2000 Miami Herald