By David Cázares Sun-Sentinel. Web-posted: 11:00 p.m. Feb. 22, 2000
MIAMI -- Moments after a new federal judge was assigned to handle the Elián Gonzalez case on Tuesday, it became clear that moving the dispute into court is unlikely to diffuse the emotion over the boy's future.
As the great uncle who believes Elián should be with his father left the courthouse, he and his wife were confronted by protestors who want the boy to stay in the United States. They accused Manuel Gonzalez of being a traitor and said they wished he had suffered more than a stress
attack on Monday.
"He's a scoundrel," said Maria Larrea, 62, of Miami. "Why didn't he die Monday? He should have."
The group of about 30 protestors was so intent on cornering Manuel Gonzalez that he sought refuge in the courthouse. His attorney, Jeffrey Leving of Chicago, said they would not be intimidated.
Instead, Leving said, Manuel Gonzalez fully intends to seek temporary custody of Elián before U.S. District Judge Kevin Michael Moore, who was assigned to the case Tuesday.
Moore replaces Judge William Hoeveler, who suffered a stroke on Sunday. Hoeveler, 77, was to hear arguments about whether the case should be heard in federal court Tuesday, but his departure now means the legal battle likely won't move forward until a March 6 hearing, Chief U.S. District
Judge Edward Davis said.
Davis said he discussed Judge Hoeveler's condition with the judge's doctor before Tuesday's hearing and was told Hoeveler suffered a moderate stroke and significant weakness in his language and motor skills. Hoeveler remained hospitalized Tuesday.
Moore was randomly picked by computer, Davis said. But because Moore is busy with a trial and other duties, the new judge did not want to handle the jurisdictional question on Tuesday, particularly because both sides had filed "voluminous material," Davis said.
However, Moore does plan to review the materials and decide whether to set another hearing on the jurisdictional question before early March, Davis said. If the judge at that point decides the case belongs in federal court, a full hearing will be scheduled later.
The selection of Moore, 48, bodes well for the case moving through federal court without too much delay, attorneys familiar with the judge said Tuesday.
"He's very, very effective in moving cases," said Kendall Coffey, a former U.S. attorney for South Florida who is one of the lawyers for Lázaro Gonzalez, the great uncle of Elián who filed a political asylum claim on behalf of the boy.
Moore also has a reputation as a straight shooter who is even handed.
Nevertheless, Moore does have a blemish on his record.
The judge, who was appointed by President Bush in 1992, came under fire in 1998 when it was learned that he didn't step down from cases or tell anyone when he was the target of an FBI investigation into illegal gifts and gratuities. Agents asked Moore about gifts he received while director of
the U.S. Marshals Service from a company that provided security at federal courthouses.
Defense lawyers who tried cases before Moore between November 1992 and October 1993 claimed the judge may have tried to curry favor with the government in a bid to avert potential prosecution. An appeals court later ruled that prosecutors must retry or seek new sentences in 23 criminal cases
handled by the judge.
The matter was closed last November, however, when the U.S. Supreme Court refused to order new trials or sentencings for 29 Miami defendants whose cases were handled by the judge.
The prior investigation isn't expected to matter, however, because Moore is given good marks for the way he oversees disputes.
"I think he's a fair guy and he'll follow the law," said Miami lawyer Ira Kurzban, who has appeared before the judge on immigration matters.
Also on Tuesday, the American Civil Liberties Union and its Greater Miami Chapter filed a friend-of-the-court brief that urged the court to reject the efforts of the U.S. government to dismiss the case for lack of jurisdiction.
At the same time, the ACLU urged the court to respect what it called the "long-standing constitutional principle" that parents have a fundamental right to the custody of their own children.
Maya Bell of the Orlando Sentinel contributed to this report.
David Cázares can be reached at dcazares@sun-sentinel.com or 305-810-5012.
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