CUBANET ... CUBANEWS

April 24, 2000



'With a little more time, we could have been celebrating today'

Aaron Podhurst. Published Monday, April 24, 2000, in the Miami Herald

Elian Gonzalez should not have been removed at gun point from his Miami relatives. The peaceful and voluntary transfer of Elian's legal custody to his father was being negotiated at the very instant that the raid on the Gonzalez home in Miami was launched.

I was on the phone with Attorney General Janet Reno, lawyers for the Miami relatives, and prominent Cuban-American leaders Carlos De La Cruz and Carlos Saladrigas, working toward a negotiated resolution of the transfer of legal custody when the armed raid was launched.

Never in my wildest dreams did I believe that the response from family attorney, Manny Diaz, to my having communicated the latest terms proposed by the attorney general would be, ``My God, Aaron, the marshals are here.'' My subsequent conversation with my good friend, Janet Reno was one of the most difficult and painful moments in my life. I am still shaken and deeply troubled by the events of early Saturday morning.

Since the day he was rescued at sea, I have prayed for Elian Gonzalez' well-being and have hoped for the peaceful resolution of the dispute over his custody. Because of my deep love for this community and my sincere concern for Elian's best interests, last Thursday I accepted the invitation of University of Miami President Tad Foote, Carlos De La Cruz, and Carlos Saladrigas to assist them in mediating an agreement between the Miami relatives of Elian Gonzalez and the U.S. Justice Department headed by Attorney General Reno for the peaceful and voluntary reunification of the child with his father.

Messrs. De La Cruz, Foote and Saladrigas believed that it was possible to achieve a family reunification in a safe house complex, where both sides of Elian's family, with the assistance of expert psychologists and psychiatrists, could work toward a resolution of their custody dispute in a manner that would advance the best interests of the child. Together, we called the attorney general to engage her in working toward this peaceful I have prayed for Elian Gonzalez' well-being and have hoped for the peaceful resolution of the dispute over his custody.

and negotiated transfer of Elian's custody. All the while, we all recognized the attorney general's authority to uphold the rule of law by enforcing her prior custody order.

Throughout Thursday, Friday and into the early morning hours of Saturday, the negotiations continued. Ultimately, I became the principal mediator between the attorney general and the Miami relatives. Carlos De La Cruz and Carlos Saladrigas became the lead contacts with Lazaro Gonzalez, Elian's great uncle, and his legal team.

They worked valiantly throughout Thursday and Friday to gain support and, ultimately, an agreement from the entire leadership of the Cuban-American community for a voluntary family reunification. Their heroic efforts and calm and rational influence, along with that of Lazaro Gonzalez' lawyers, were successful in securing a significant breakthrough in the standoff between the Justice Department and the Miami relatives.

By Friday evening, substantial progress had been made toward an agreement. Written drafts of a final agreement were exchanged between the parties. I can attest to the fact that the Miami relatives negotiated in good faith. Although the attorney general advised me at some time around 4 a.m. Saturday that she could not negotiate any further, productive negotiations and conversations were ongoing right up to the moment of the raid.

I believe an agreement for a peaceful and voluntary transfer of Elian's custody was possible when the armed raid was launched. With very little more time, we could have been celebrating today how lucky we are to live in a democracy, having demonstrated how peaceful negotiation is the cornerstone of a free society.

Above all, I believe in respect for the rule of law. The events of Saturday morning will test our community's commitment to this democratic ideal. I call upon everyone in this community to remain calm and express their understandable reactions to Saturday morning's raid in a lawful and dignified fashion.

My great sadness is that those who worked so hard, including my friends Tad Foote, Carlos De La Cruz, and Carlos Saladrigas, to achieve a peaceful resolution of this custody battle were deprived the chance to demonstrate the true character of this community by the events of Saturday morning. Our peaceful response in the face of this great challenge must stand in stark contrast to the armed raid which provoked it.

Late Saturday afternoon, I again spoke at length to the attorney general to ask her to fly down to Miami, accompanied by senior administration officials, and sit down with the leadership of this community, for an exchange of views. I ask everyone to join me in praying for the future well-being and emotional health of the innocent child, Elian, and for the healing of our community which welcomed him with such loving arms.

Copyright 2000 Miami Herald

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