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Morning News

Elian Gonzalez's Florida Relatives Opt for Appeal in Atlanta; Castro Sharpens Accusations

Aired March 27, 2000 - 10:01 a.m. ET

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.

BILL HEMMER, CNN ANCHOR: New developments, legal developments, and maybe a new time-frame in the international tug-of-war surrounding six-year-old Elian Gonzalez. The Justice Department had given his Florida relatives a noon deadline, Eastern time, to file for an expedited hearing. And a short time ago, we learned that they have filed that motion. That means the case languishing a near limbo since Thanksgiving is on the fast track to a resolution.

From Miami now, Susan's -- Susan Candiotti with us now to bring us up to date from Southern Florida.

Susan, good morning to you.

SUSAN CANDIOTTI, CNN ANCHOR: Hello, Bill.

We are standing outside the home where Elian Gonzalez has been living for four months now, the home of his great-uncle, as we are here to tell you that we have now learned that attorneys representing his Florida relatives have now filed a 37-page appeal with the circuit court of appeals in Atlanta, asking that court for an expedited appeals process and to set oral arguments.

Now, is this a complete acceptance of the Justice Department's ultimatum to the attorneys? Well, one of the lawyers told me that, quote, "we will accept the government's terms if we have to," even though Attorney Linda Osberg-Braun called those terms "coercive."

The Justice Department says that it has no comment as to whether it has yet received a copy of this appeal filed this morning. And we do not, therefore, know whether the attorneys have complied in full to all the dates set out by the government. You will recall that the government said that if these attorneys did not agree in full and tell the Justice Department of its intentions by noontime today, that the Justice Department will revoke Elian Gonzalez's temporary status on Thursday.

Now we also asked the attorneys if they lose all of their appeals, in fact, will the boy be handed over?

(BEGIN VIDEO CLIP)

CANDIOTTI: Will they turn the boy over to authorities if every appeal in the state exhausted? LINDA OSBERG-BRAUN, GONZALEZ FAMILY ATTORNEY: The family will obey the law.

CANDIOTTI: Is that a yes?

OSBERG-BRAUN: The family will obey the law. They will do what's legally required.

(END VIDEO CLIP)

CANDIOTTI: The attorneys representing the family of Elian Gonzalez are planning a news conference in just a few hours from now to announce their intentions. And though, we hope by then to learn more details about exactly how they have replied to the Justice Department ultimatum -- Bill.

HEMMER: Susan, it's said to be expedited. Give us a time frame. What does "expedited" mean in a case like this? Days, weeks, months? How does that shake down, possibly?

CANDIOTTI: Under an expedited schedule as set out by the Justice Department and more or less agreed to by the attorneys, who say they agree in principle, it would shave probably about a month from the process.

So, that it would take one to two months instead of two to three months, the attorneys say and the Justice Department says. So, we will have to wait and see whether -- how this all passes out.

HEMMER: That, we will. The calendar does await. Susan Candiotti, live Miami this morning -- Kyra.

KYRA PHILLIPS, CNN ANCHOR: The deeply personal drama of the six- year-old boy has stoked nationalistic rhetoric on both sides of the Florida Strait. Cuban President Fidel Castro has often condemned the refusal to return the boy. But this weekend, he sharpened the accusations and sinister predictions.

CNN Havana bureau chief Lucia Newman has more on that -- Lucia.

LUCIA NEWMAN, CNN HAVANA BUREAU CHIEF: Hello, Kyra.

Well, last night in a national broadcast address, President Fidel Castro said that he expected that the Elian case would be resolved in about three weeks, and that he was convinced that the court in Atlanta would rule for the child to be returned to his father and to Cuba.

But President Castro also warned that this was a very dangerous moment. And he said that the child's Miami family and members of the exile community could kidnap the child or even take him to another country to prevent him from returning to Cuba.

And then the president made allegations which went even further.

(BEGIN VIDEOTAPE)

NEWMAN (voice-over): "They are capable of killing the boy before returning him safe and sound to his country," he said.

The Cuban leader was referring to members of the Cuban-American community, who vowed to do everything in their power to keep the child in the United States.

"They are desperate," said Castro, "they've lost the battle both legally and morally and are politically destroyed. What will they do now?"

The Cuban leader gave a detailed account of what he called "clear and consistent attempts" by the boy's Miami relatives to pressure the child and distance him from his father.

President Castro says he thinks the Miami relatives' last legal options to keep the boy will be exhausted within a few weeks.

FIDEL CASTRO, PRESIDENT OF CUBA (through translator): We are seriously concerned the boy could be intentionally harmed, both mentally and physically. We don't rule out the risk that he could be deliberately made sick, even contaminated with some incurable disease as an act of revenge against the father and Elian's Cuban family.

NEWMAN: President Castro appealed to U.S. authorities to take measures to safeguard the child, as the high stakes international custody battle intensifies.

(END VIDEOTAPE)

NEWMAN: And speaking of high stakes, President Castro is furious about an interview with the boy given to a U.S. television network. The president called this a, quote, "repulsive and monstrous attempt to manipulate U.S. public opinion -- Kyra.

PHILLIPS: Lucia, what more have you heard from Elian's father?

NEWMAN: Elian's father hasn't said a word in public for weeks now, Kyra. We do understand from the Cuban government that he is very upset that an interview was given -- was arranged with his son with a television network in the United States without his consultation, without his permission.

And he has said, of course, through his lawyer in the United States that he is willing to go to the United States at a moment's notice if and when he is given assurances that it will be to pick up his child and bring him back here to Cuba -- Kyra.

PHILLIPS: Lucia Newman, thank you.

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