BY ANDRES VIGLUCCI, JAY WEAVER AND ANA ACLE
A showdown between the Miami relatives of Elian Gonzalez and the
federal government
seemed inevitable today with the relatives refusing to hand the
boy over - telling the
government they had to come and get him.
Although Lazaro Gonzalez said he would not take the boy to Opa-Locka
Airport this
afternoon, where the handover was supposed to take place, he
also would not obstruct
justice, said family spokesman Armando Gutierrez.
"He is going to stay in the house," Gutierrez said. "When the
marshals come he will open
the door and say 'Take the boy.' ''
Last night, the Miami relatives spurned a personal appeal from
U.S. Attorney General
Janet Reno and challenged the government to send in federal agents
to take the boy
``by force.''
``Our position is we will not turn over the child -- anywhere,''
said Lazaro Gonzalez,
Elian's great-uncle, after Reno asked him face-to-face to voluntarily
turn over the boy
to be returned to his father, who is waiting with his wife and
baby in Washington, D.C.,
to return to Cuba.
Minutes later, speaking in the U.S. attorney's office in downtown
Miami, Reno said
she intended to enforce the order ``in a fair, prompt way.''
She declined to elaborate.
Surrounded by his grim-faced lawyers outside the Miami Beach home
of Sister
Jeanne O'Laughlin, the Barry University president who hosted
the meeting, Gonzalez
called Reno's demand ``a traitorous act.'' One of his lawyers
said the family will seek
an emergency order today barring the government from enforcing
its order.
``I want you all to know, the whole world to see, they are preparing
to take a
child from my home, they are training federal agents to attack
my house,''
Gonzalez said.
This morning, a videotape that was created by the family and the
boy after last
night's meeting was shown on Univision. In the video, Elian says
that he does not
want to go to Cuba and he asked his father to stay in the United
States.
If Gonzalez refuses to turn over the boy, the government has said
it would seek
an emergency court order to compel compliance.
Reno would not provide any details, but indicated action would
be swift. ``It is not
in the interests of anyone, least of all Elian, to let this drag
on,'' she said.
She said the boy was present during the meeting at O'Laughlin's
house: ``It was
so touching because when he walked into the room, it was like
looking at the
spitting image of his father, only 25 years younger.''
The attorney general, a Miami native, appealed to the community
to remain calm
as the drama comes to an end.
``Let's make this community a model of what Fidel Castro's Cuba
is not,'' she
said. ``Let us come together to work out this problem in the
best way to protect
the rule of law and this boy.''
Reno flew to Miami on Wednesday in a bold move to break open the
impasse
over Elian's fate at the invitation of O'Laughlin. Her two-hour
meeting with
Gonzalez, Elian and other members of the Miami family ended without
a clear
resolution. Later, both sides continued discussions in a phone
conference after
Reno went to the U.S. attorney's office in downtown Miami.
Reno went into the session with hope that Elian's relatives would
agree to
accompany the boy to Washington for the reunification.
A LETTER
Accompanied by Immigration and Naturalization Service Commissioner
Doris
Meissner, she came armed with a letter instructing the relatives
to accompany
Elian to the Opa-locka Airport at 10 a.m. today.
While they left the meeting without handing over the letter, they
faxed a revised
version to the Gonzalez family's lawyers near midnight Wednesday.
Because of
the delays in the negotiations, the time for the hand-over was
moved back to 2
p.m.
The letter -- a legally binding federal order -- outlines two
options for family
members: They can board a government plane to take Elian to his
father in
Washington, or they can turn him over to an INS official who
will deliver the boy to
Juan Miguel Gonzalez.
About 200 Miami-Dade police officers were told to report to the
Opa-locka airport
today for the transfer. At least two cars of federal agents were
stationed in front of
O'Laughlin's house.
Following Lazaro Gonzalez's statement, he and his daughter Marisleysis
left the
house with Elian to return to their Little Havana home. The federal
agents left
O'Laughlin's house about the same time.
In comments after the meeting, O'Laughlin said the Miami relatives
continued to
ask that Elian's father, now in Washington, D.C., awaiting reunification
with his
son, travel to Miami to meet with them. But Juan Miguel Gonzalez
made it clear
Wednesday that he was through negotiating with his relatives
after Lazaro
torpedoed an already announced family meeting that had been scheduled
Wednesday in Washington. The government said the purpose of that
meeting was
to turn over Elian to his father.
ASKED TO HELP
The Miami relatives had taken Elian to O'Laughlin's house at midday
after asking
her to once again intercede in the case.
The lightning visit by Reno came after two days of fast-moving,
and constantly
changing, developments in the four-month custody battle.
O'Laughlin phoned Reno on Wednesday morning with an offer to mediate,
telling
the attorney general that she could help negotiate a solution
to the impasse, a
government source said.
Reno decided to go to Miami in the afternoon after aides spoke
to Lazaro
Gonzalez's attorneys. Meissner was given 15 minutes' notice to
join Reno for the
flight to Miami.
Meissner urged Reno to stick to a plan in place for several days
to impose a
Thursday morning deadline on the Miami relatives for the boy's
surrender. Reno, a
Miami native and former state attorney, felt her personal intervention
would help
persuade the relatives to cooperate in a hand-over.
A WAY OUT
O'Laughlin's offer to mediate, with Elian present at her house,
for the first time
seemed to provide the government a way to remove the boy away
from the
demonstrators that have surrounded the Miami relatives' Little
Havana home for
weeks, threatening to block federal officials' path.
``She's there to accomplish getting Elian and his relatives out
[Thursday] morning,
either with her or separately, to meet with Juan Miguel,'' INS
spokeswoman Maria
Cardona said. ``The intention is to bring all of them, because
that would mean
they are doing it cooperatively.''
Reno's spur-of-the-moment move also appeared to box in the relatives'
team of
lawyers, who continued to issue defiant statements through the
afternoon
suggesting that Lazaro Gonzalez would never agree to turn over
the child.
A federal court judge in Miami last month upheld the government's
authority to
return Elian to his father. Although the family has filed an
appeal, Reno retains the
power to transfer custody to Juan Miguel Gonzalez at a moment's
notice.
The Miami relatives' only legal option now appears to be seeking
an order in
federal court to stop the father from returning with his son
to Cuba before their
pending court appeal is concluded. Reno has said that, barring
any such order,
the government is not legally bound to await the outcome of that
appeal.
FREE TO GO
But Justice Department officials have said they would encourage
Juan Miguel
Gonzalez not to return immediately to Cuba with Elian, though
he is free to do so.
Three government-appointed mental-health experts who interviewed
Lazaro
Gonzalez on Monday recommended to Reno that Elian be turned over
immediately to his father, but that to minimize any trauma to
the child, they
remain in the country for a one- to two-week period during which
both sides of the
family could be in regular contact.
As late as Wednesday afternoon, however, statements from the Miami
relatives
and their representatives were not conciliatory.
The lawyers said the family members were saying they would prefer
that federal
agents come fetch the 6-year-old boy rather than assist in what
they regard as
sending him into the arms of Cuban President Fidel Castro.
The lawyers said their clients wanted to talk with Reno face-to-face
about their
demands to have a team of mental-health experts evaluate the
boy before forcing
them to turn him over to his father -- a condition the government
has repeatedly
rejected.
But Reno, who has been unwavering about reuniting father and son,
has refused
to concede any ground to the Gonzalez family. She wants only
one thing from
them -- to cooperate in giving back the boy at a neutral site.
``That's never going to happen,'' Jose Garcia-Pedrosa, a lawyer
on the team, said
Wednesday afternoon. ``That has been an unalterable position.''
PLUG PULLED
Late Tuesday night, Lazaro Gonzalez pulled the plug the announced
family
meeting, claiming Elian said he didn't want to go. The government
and Juan
Miguel's lawyer, Gregory Craig, insisted Wednesday that all sides
understood
that the purpose of the meeting was for Elian to be turned to
his father.
``It was clear that this was agreed upon by all the parties involved,''
a source
familiar with the arrangements said.
The government believes Lazaro Gonzalez either misunderstood or
was misled as
to the goal of the meeting, which was arranged by U.S. Sen. Robert
Torricelli and
the Cuban American National Foundation.
On Wednesday, foundation officials denied that any hand-over had
been
contemplated. But Craig called the foundation's denial a ``surprise.''
The family's ``only requirement would be that Juan Miguel would
talk to the
relatives for 30 minutes only after the transfer,'' Craig said.
IN MARYLAND
Juan Miguel Gonzalez remained in Maryland Wednesday, where he
has been
staying with Cuban diplomats since last week. He indicated in
a meeting with the
Rev. Joan Brown Campbell that he was through with negotiating.
``He is going to
simply ask now that the attorney general issue a court order
and that the boy be
returned immediately to him,'' she said.
The announced trip by Elian to Washington appeared to put an end
to plans by
Reno to meet with the boy's relatives in Miami on Wednesday --
plans that were
revived after O'Laughlin phoned the attorney general Wednesday
morning.
Joined by aides, Reno and Meissner flew to Opa-locka Airport in
an FBI executive
jet that touched down at about 6 p.m. They proceeded to Miami
Beach in a
caravan of government vehicles.
About 50 of the same demonstrators who have kept vigil outside
Lazaro
Gonzalez's modest Little Havana home for days decamped for O'Laughlin's
house
on Pine Tree Drive, where they were kept behind barricades by
police.
Family spokesman Armando Gutierrez awaited Reno's arrival with
a bouquet of
peach-colored roses.
ANOTHER PROPOSAL
Meanwhile, an attorney representing Elian's other great-uncle
in Miami, Manuel
Gonzalez, has proposed that he play the role of a mediator because
of his good
relationship with the boy's father and other family members.
Chicago attorney Jeffery Leving said he spoke with Justice Department
lawyer
David Kline on Wednesday afternoon about the idea.
``He seemed interested, but he told me that he would have to move
it up the
ladder for higher-ups to review,'' Leving said.
``Manuel is not interested in conflict,'' Leving said. ``I think
Manuel would do
anything to help if everyone agreed to come together as a family.''
But Manuel Gonzalez said he does not have plans to accompany Elian
to
Washington.
``As far as I can tell, that is not going to happen.,'' he said.
``So far I don't have
any information that I will act as an intermediary. Only Juan
Miguel can ask me
do do that. If Juan Miguel asks me to, I will.''
Herald staff writers Karen Branch, Tyler Bridges, Manny Garcia,
Sonji Jacobs,
Marika Lynch, Sandra Marquez Garcia, Martin Merzer, Sara Olkon,
Eunice
Ponce, Frances Robles and Carol Rosenberg, Herald writer Mireidy
Fernandez,
Online News reporter Madeline Baro, staff translator Renato Perez,
and Herald
wire services contributed to this report.
Copyright 2000 Miami Herald