Elian's well-being debated as court considers case

Doctor: Miami family wrong for Cuban boy; 'Absurd,' relatives respond

April 18, 2000
Web posted at: 12:49 p.m. EDT (1649 GMT)

In this story: Court ruling due 'A home that I consider to be psychologically abusive' RELATED STORIES, SITES

ATLANTA (CNN) -- A federal appeals court ruling due at any time could determine how soon 6-year-old Elian Gonzalez will be reunited with his Cuban father. The way Dr. Irwin Redlener sees it, the sooner the better because the boy is being psychologically abused by his Miami relatives. But those same relatives point out that Redlener, a pediatrician advising the federal government, has never met Elian.

VIDEO Justice Correspondent Pierre Thomas looks at the dispute over Dr. Irwin Redlener's assessment of what should be done in the Elian Gonzalez case. Real 28K 80K Windows Media 28K 80K Dr. Irwin Redlener, a pediatrician advising the federal government, tells CNN why he thinks Elian should be removed from Miami and reunited with his father. (April 18) QuickTime Play Real 28K 80K Windows Media 28K 80K     RESOURCES Who's who in the Elian Gonzalez case     ALSO Miami's bill for Elian near $1 million and rising     MESSAGE BOARD US/Cuba relations

As both sides debated Elian's well-being, all eyes were on the 11th U.S. Circuit Court of Appeals in Atlanta.

A panel -- composed of three judges -- is considering a request by Elian's Miami relatives who want to prevent the boy's return to Cuba pending the outcome of legal appeals due to stretch into next month.

That's acceptable to Elian's father, Juan Miguel Gonzalez, but only if he has custody during the wait. The relatives insist on meeting with Elian's father at a neutral site without being required to surrender the boy.

The federal government hopes the appeals court will order Lazaro Gonzalez to hand over Elian -- something the boy's great-uncle refused to do last week when the Immigration and Naturalization Service gave him similar instructions.

The Miami relatives argue they are under no legal obligation to place Elian in government hands, a claim disputed by INS spokeswoman Maria Cardona.

"When he (Lazaro Gonzalez) took the responsibility to care for Elian temporarily ... he also took on the responsibility to abide by any INS instructions that were given to him," she said.

A ruling in Washington's favor could lead to immediate federal action to remove Elian from the house in Miami's Little Havana neighborhood where he has lived since his rescue at sea nearly five months ago.

Even if the appeals court grants the government's requests, the Miami relatives insist they will never hand over Elian voluntarily but won't resist if federal officers come for him.

That sets up the possibility of a confrontation with Cuban-American protesters who vow to form a human chain to protect Elian.

Redlener says Elian is under a significant amount of duress and should be removed from his Miami relatives' home 464K/43 sec. AIFF or WAV sound

To bolster its position that Elian be removed from the Miami relatives, the INS on Monday released a two-page letter written by Redlener and sent to Attorney General Janet Reno and INS Commissioner Doris Meissner urging that Elian be removed from the Miami relatives.

"Elian Gonzalez is now in a state of imminent danger to his physical and emotional well-being in a home that I consider to be psychologically abusive," wrote Redlener, a New York pediatrician who is head of the Children's Health Fund.

He took particular issue with a home video that the relatives released to the media, in which Elian tells his father he does not want to return to Cuba.

The tape shows "obvious signs of a very distressed, angry and coached young boy being exploited, much the same as we'd see in a hostage situation when such videotapes are being made," Redlener told CNN on Tuesday, adding that his letter was written voluntarily, not at the government's request.

The doctor wrote: "I believe there is no justification whatsoever to wait any longer in carrying out these actions that I believe are legally appropriate and, more important, clearly in the best interest of this child who continues to be horrendously exploited in this bizarre and destructive ambiance. It has gone on far too long."

Redlener helped the INS choose a team of three mental health experts who met last week with both Elian's father and his great-uncle.

The family reiterated its argument that government experts can't form any valid opinions since none of them has talked to Elian. Roger Bernstein, an attorney for the family, called the letter "absurd," saying Redlener had never talked with Elian.

Added a family spokesman: "Tell him (Redlener) to come and analyze Elian here."

Redlener told CNN: "Whether I see him or not, the evidence (that Elian is suffering from psychological abuse) is already there." That evidence, he said, includes the videotape and a claim by Redlener that Elian once bit a therapist brought in by the Miami relatives to meet with Elian.

Despite his criticism of the Miami family, Redlener recommends that Elian's U.S. relatives play a role in a custody transfer to lessen the traumatic impact on the child.

Elian's U.S. relatives have cared for him since late November, when he was found clinging to an inner tube off the Florida coast. His mother and 10 other people fleeing Cuba drowned when their boat sank.

Elian was one of three survivors.

The Clinton administration has pushed for the boy's return to his father, ruling only he can speak for his son on immigration matters. The boy's Miami relatives say he will have a better life in the United States and have attempted to portray Juan Gonzalez as a pawn of Cuban President Fidel Castro.

Correspondents Mark Potter and Susan Candiotti contributed to this report, written by Jim Morris.

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April 12, 2000
Transfer of Elian tentatively set for Thursday, official says
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Medical panel to meet Elian's father
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U.S. Immigration and Naturalization Service
U.S. Department of Justice
Eleventh Circuit Published Opinions
United States Court of Appeals, Eleventh Circuit
LibertyForElian.org - Foundation to Help Save Elian
Granma Internacional Digital, Cuba
  • Kidnap in Miami
Cubaweb
Cuban American National Foundation

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