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Elian Gonzalez case enters a decisive week

April 3, 2000
Web posted at: 9:58 AM EDT (1358 GMT)

By Tony Karon

(TIME.com) -- The Elian Gonzalez case is entering its endgame, and both sides are pulling out the stops. The prospect of Juan Miguel Gonzalez's arriving in Florida to take custody of his son has prompted some tricky footwork from the legion of attorneys representing his U.S. relatives.

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Last Friday, Miami family attorneys Manny Diaz and Kendall Coffey insisted, separately, that the father would not be given custody of Elian, and would be allowed only supervised visits with his son. Perhaps recognizing this position as untenable given the fact that the U.S. recognizes Juan Miguel as the boy's legal guardian, attorney Linda Osberg-Braun said Sunday that the Miami relatives hadn't yet decided whether to surrender Elian to his father, and that any reunion had to be "a gradual process." On the other hand, another attorney, Spencer Eig, added that the Miami family "is absolutely willing at any time to peacefully allow the INS, if they feel they must, to come and seize the boy."

The Miami relatives' lawyers and political supporters also attempted to take the offensive with a new line of attack, accusing Elian's father of abusing his son. Juan Miguel Gonzalez had been "verbally and physically abusive" and should only be allowed to see his son "under appropriately, psychologically sound safeguards," Coffey told CNN.

Again, it was left to Osberg-Braun to modify the charges, saying Juan Miguel had been verbally abusive with his son on the phone (supposedly telling him his mother was still alive in Cuba), but that he had said these things under instruction from "forces in Cuba." Previously, the family had never used allegations of abuse in defending their custody of the boy.

With talks resuming Monday -- under a Tuesday deadline -- over whether Lazaro Gonzalez will sign a pledge to hand over Elian if he loses his appeal, the U.S. government (Vice President Gore excepted) remained firm in its decision to reunite the boy with his father. "The issue is not whether we will transfer Elian to his father, but when and how," said INS representative Maria Cardona.

With Fidel Castro now pushing to send Juan Miguel Gonzalez -- either alone or with a large entourage of family, schoolmates, mental health professionals and political minders -- to the U.S. as soon as visas can be issued, the game of political football over the 6-year-old appears to have entered its fourth quarter. It's not over yet, but decisions taken this week may have a decisive effect on the final outcome.

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