Elián 2.0 continues

Back in March, Blast Off! told you about a custody battle that involved a father in Cuba, a mother in the U.S. who was ruled unfit to care for the child, and a wealthy foster family who wants to keep the child. The struggle is reminiscent of the Elián González episode in 2000 (albeit without the gunplay ... so far), and it rages on:

A child welfare judge Monday threw out a key piece of the state's case against a Cuban father seeking to regain custody of his 4-year-old daughter: the claim that his desire to raise her constitutes child abuse because she has "bonded" with a foster family.

Circuit Judge Jeri B. Cohen, a 16-year veteran of the bench, tossed out the allegation against Rafael Izquierdo, the father of the auburn-haired youngster at the center of a contentious custody dispute spanning the Florida Straits.

[...]

The judge's decision leaves two claims remaining in the state's dependency petition against Izquierdo, and the judge left little doubt she is not impressed by one of those -- that Izquierdo abandoned his daughter by allowing her to move to the United States and not sending her birthday cards or money after she arrived.

"With everything you have, even if you pull a rabbit out of a hat, I just don't see how" the state can prove Izquierdo intended to abandon his daughter, the judge told Department of Children and Families attorney Rebecca Kapusta.

"With everything I have seen so far, you do not have abandonment. I am telling you: I don't see it. It doesn't rise to what the courts need," Cohen said. "I don't think you meet the legal standard."

In the third count, the state is arguing that Izquierdo erred by allowing the girl's mother to take her to the United States even though he should have known she was mentally ill.

Signaling her frustration with DCF's legal team, Cohen urged the lawyers to take a second look at their entire case, a theme she has returned to frequently during weekly hearings. "You need to listen to what I'm telling you," she told Kapusta and the two other lawyers representing DCF.

"You need to be intellectually honest with yourselves. . . . Or are you just so locked into something because you are state employees and attorneys, and you can't see the forest for the trees?"

You may recall that the Elián case involved the "Miami relatives," distant cousins and a great-uncle, who wanted to keep the boy here in the U.S., versus a father who remained in Cuba; Elián's mother died on the journey across the Straits.

Substitute an allegedly mentally ill mother for the dead mother and a foster family for a real (albeit distant) family and you've essentially got the dispute being adjudicated today. And, based on the judge's statements and demeanor thus far, it appears that only the mental illness argument can keep Izquierdo's daughter in the U.S.

Recall how the Elián case literally changed history: many Miami-area Cuban-Americans who had been lifelong Democrats began voting Republican in 2000 as an expression of disgust with President Clinton and Attorney General Janet Reno (herself a Miamian), and thanks to a disputed margin of only 537 votes, Drunky McStagger became president rather than Al Gore. In a very real sense, the election swung on Cuban-American votes in Miami-Dade County. And don't forget the riots, the strikes by many merchants, and the other collateral impacts of the forcible return of Elián to his father.

I don't know whether the current case could have the same effect or garner anywhere near the same media coverage, but with another presidential election looming on the horizon and this time Republicans in charge at the state and federal level, well, let's just say it bears watching.

J-J photo blogging, part 2

Here's a compendium of pictures from tonight. The ones of the speakers seem grainy because I was sitting damn near in a different area code from the dais; therefore, I took pictures of the large screen nearest to me. I guess they still came out okay, though ...

Former U.S. Attorney General and Florida gubernatorial candidate Janet Reno speaks with an attendee at a reception before the banquet.


Former Democratic congressman and 2006 gubernatorial candidate Jim Davis.


Obviously, this picture of Rep. Davis didn't come out the way I intended ... but don't you think it's kinda trippy?


31-year-old Dave Aronberg, the youngest member of the Florida Senate.


Florida's highest ranking Democratic state official, Chief Financial Officer Alex Sink.


Rep. Corrine Brown with Sen. Bill Nelson.


Christine Jennings, whose race in Florida's 13th Congressional District still is facing judicial review.


My congressional crush, Rep. Debbie Wasserman Schultz. (Deb! Call me!)


Speaker Pelosi takes center stage.


Madame Speaker.


It was practically a flash mob trying to get a picture with or autograph from Rep. Pelosi following the banquet. (She's in there somewhere, I assure you.)


The divine Ms. P. with an admirer.

Pelosi! (this time I mean it)

Extended standing ovation. Pelosi begins by speaking extemporaneously in praise of Thurman.

Indeed, Pelosi acknowledges her anniversary and thanks Florida for sending three new Dems to Congress and for helping take back Congress for the American people! (She's off script! Cut her mic! ;) )

Mahoney began working on a disaster insurance fund ... Klein is working on Social Security. Mentions Castor too. Also says she wished Christine Jennings could have joined them (again, not on script - Pelosi is a remarkable speaker ... especially when you consider what happens when Drunky McStagger speaks off script!) ...

Pelosi is recognizing each member of the Fla. Democratic congressional delegation individually. She also recognizes Sink and Davis plus state legislators ... and big applause for Janet Reno.

"What is it like to be the first woman Speaker?," she asks herself. "It's absolutely fabulous!" And now she goes on script. I'll let the speech speak for itself when I post it. I'm trying to take pictures now!

Opening ceremonies, featuring Janet Reno

Former U.S. Attorney General Janet Reno led the Pledge of Allegiance. I took a picture of her earlier which I'll post when I get a connection ...

The National Anthem is being performed by a Florida Memorial University student. Sadly, she's (1) adding a lot of extraneous notes and (2) messing up some lyrics. Oh well. I'm no Simon Cowell.

The FDP is treating the bloggers as media, which is nice. I was given an advance copy of Nancy Pelosi's speech, which I'll work on transcribing and posting later. [Ed. note: the speech now is here.]

The pastor giving the invocation is giving a real come-to-Jesus speech. He just said something about stripes on a zebra and the bite of a mosquito, and now he's speaking Seminole, Creole, Spanish, etc. In the Bahamas, "lift him up and praise him ... No problem, mon!" And in Ebonics, "Whoop there it is!" Nice.

Some of my fellow bloggers, including Ken Quinnell of the FPC Blog (see blogroll for link), have air cards and therefore 'Net access. They may be able to give more in depth coverage, but I'm burning up the Blackberry tonight ...

Another Elián?

There's a new U.S.-Cuba custody battle raging in Miami, and unlike the Elián González case in 2000, this one has been flying under the radar ... until now.

A 4-year-old girl living in Coral Gables is at the center of an international custody dispute between the United States and Cuba over who will raise her: her father who lives in Cuba and wants her back, or a family acquaintance who Florida child welfare administrators say is more fit.

Because of a secrecy order, the battle over the youngster has played out quietly in Miami-Dade County's juvenile courthouse in Allapattah. But three sources with knowledge of the case say state child-welfare workers have asked Circuit Judge Jeri B. Cohen to grant long-term custody of the girl to an acquaintance of the girl's family.

The girl, whose identity is being withheld by court and child-welfare administrators, was taken from her mother by the Florida Department of Children & Families about a year ago, sources said, after an investigation into charges that the mother's severe mental illness made her an unfit parent.

DCF also took custody of the girl's older, preteen brother. The children, who have different fathers living in Cuba, came to the United States legally two years ago. The boy's father agreed to surrender his parental rights, sources said, so there is no dispute about his staying in the United States.

The girl's father, though, is pressing to gain custody. His lawyer is Ira Kurzban, a prominent immigration attorney who has represented the Cuban government in the past.

[...]

There are similarities and differences between this case and that of Elián González, whose custody dispute made international headlines and sparked raw emotions in South Florida, where communities -- and even families -- were torn by heated arguments over where he belonged.

The main similarity: The new dispute involves a young child in Miami with a father in Cuba seeking custody, a case that once again could have political and emotional repercussions in South Florida and Havana.

The differences: Elián fled Cuba on a boat and was rescued at sea after his mother drowned. The mother of the girl in this case, who succeeded in bringing her child to the United States, is alive but was ruled unfit to care for her children. And there are no Miami relatives caring for the girl, as there were in Elián's case.

Remember that the Cuban community in Miami largely castigated President Clinton and his attorney general, Janet Reno, for their handling of Elián's case. As a result, many of them have been voting consistently Republican ever since.

That's what makes this new case potentially so important. The Cuban community in Miami is a vocal, powerful political force there, and in turn, in Florida. Their move right coincided with a significant move to the right statewide, and as the Republic Party continues to circle the drain nationally, a custody battle across the Florida Straits looms as a pretty big political hot potato.

My guess is that the Bush administration crime syndicate will find a way to intervene, at least covertly, and they'll do anything they can to keep this girl in the U.S. That will placate the Miami Cuban community and keep the white hat on the Republic Party, while maintaining the vilification of Clinton and Reno and, by association, all Democrats.

But it's early in the game yet. The last thing the Republics need is another front in the War on Democracy. Stay tuned ...