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April 5, 2000



Attorney to meet with Elian's father

CNN. April 5, 2000. From staff and wire reports. Web posted at: 9:53 a.m. EDT (1353 GMT)

HAVANA (CNN) -- With the Miami relatives of Elian Gonzalez exhausted and their negotiations with the U.S. government at an impasse, the focus of the custody case shifted Wednesday to Cuba. There, the U.S. lawyer for the boy's father hopes to persuade Juan Miguel Gonzalez to come to the United States and take custody of his 6-year-old son.

The attorney, Greg Craig, arrived in Havana early Wednesday, accompanied by another lawyer and two representatives from the National Council of Churches.

The council, composed of "35 Protestant, Orthodox and Anglican church bodies," according to its Web site, was involved in the selection of Craig to represent the elder Gonzalez. It supports Elian's return to Cuba and helped bring his grandmothers to the United States earlier this year.

Father wants custody guarantee

The U.S. government, which has ruled that father and son be reunited, has granted visas to Juan Miguel Gonzalez, his wife and their infant son as well as Elian's kindergarten teacher, pediatrician and a male cousin.

But there were no signs that a trip to the United States was imminent.

Fernando Remirez, head of the Cuban diplomatic mission in Washington, said such a trip depends on "the assurance (Juan Miguel Gonzalez) will get temporary custody."

In a statement read on Cuban state television Tuesday, the father said he would either travel alone to pick up his boy and return to Cuba immediately, or go with all the people he considers "indispensable" if he must stay in the United States while waiting out a federal court appeal by the Miami relatives.

Bo Cooper, general counsel for the Immigration and Naturalization Service, said Juan Miguel Gonzalez is not obligated to come to the United States but has indicated, through his lawyer, that he is willing to do so during the appeals process.

"It certainly seems to us that that would be a helpful development," Cooper told CNN on Wednesday.

The next scheduled court hearing in the case is May 8 before the 11th U.S. Circuit Court of Appeals in Atlanta.

Washington said it was also reviewing visa requests from 22 other Cubans, including 12 of Elian's classmates and Ricardo Alarcon , a top adviser to Cuban President Fidel Castro on U.S. issues.

Miami negotiations in recess

Another issue in dispute is a demand by the Miami relatives for an independent psychiatrist or psychologist to advise the INS on how Elian's mental state would be affected if custody shifts to his father.

The U.S. government is willing to have psychologists help design the transfer of Elian to his father's care, but the relatives have insisted that such a panel decide whether the boy should be turned over.

The stalemated talks are suspended until Thursday. But INS officials said this week that once Elian's father arrives in the United States they will go about turning the boy over to him.

The relatives' lawyers requested extra time Tuesday to consult with the family before resuming negotiations with the INS because Lazaro Gonzalez, the boy's great-uncle, is exhausted and overwhelmed.

In addition, Lazaro's daughter (and Elian's cousin) Marisleysis Gonzalez is hospitalized in fair condition after becoming faint on Tuesday.

Maria Cardona, an INS spokeswoman in Washington, defended the extra time granted to the relatives and said the INS' goal is to arrange a smooth and orderly transfer of the boy to his father.

"If there is a chance to do this with the cooperation with the family ... we need to exhaust the possibility," Cardona said.

The developments come amid growing tension surrounding the Miami home of Lazaro Gonzalez, who was granted temporary custody after Elian was rescued in November from a Thanksgiving shipwreck that killed his mother and 10 others.

Anti-Castro demonstrators Tuesday surged through a police barricade and formed a human chain around the home. Many vowed to risk arrest rather than see the boy returned to Cuba.

Justice Correspondent Susan Candiotti, Bill Delaney and The Associated Press contributed to this report. .

© 2000 Cable News Network

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