Elian Gonzalez Case: Federal Court Hearing Rescheduled After Judge Suffers Stroke
LEON HARRIS, CNN ANCHOR: In Miami, a federal court hearing was scheduled today on the future of Elian Gonzalez, but that hearing will not be held because the judge is hospitalized now. CNN's Susan Candiotti is covering the story.</s>SUSAN CANDIOTTI, CNN CORRESPONDENT (voice-over): Today was supposed to be the day U.S. District Court Judge William Hoeveler, seen here in 1992, was to hear critical arguments deciding the fate of Elian Gonzalez. A stroke over the weekend changed that. With 77- year-old Hoeveler out, chief judge Edward Davis will name another judge and will reschedule today's arguments. When arguments resume, the first issue coming up: Does the federal court have jurisdiction? In other words, was the INS within its authority to rule the boy be returned to his father in Cuba.</s>PROF. BERNARD PERLMUTTER, UNIVERSITY OF MIAMI: The attorney general has ratified the INS' decision that the father speaks for the child in immigration matters, and that has, in the eyes of the family, deprived Elian of his day in court.</s>CANDIOTTI: The boy's Florida relatives argue the six-year-old has the right to apply for political asylum over his father's objections. Last week, U.S. authorities turned down a request by Elian's father to move his son from the home where he's been living after disclosures the boy's great uncle is a twice-convicted drunk driver. Another great uncle is now asking the court to allow the boy to live with him. He was seen leaving Elian's house Monday. As the saga drags on, some criticize the U.S. government for not carrying out its own decision made six weeks ago to reunite father and son.</s>MAX CASTRO, NORTH-SOUTH CENTER: Hopefully there will be some leadership exercised in this community, whatever the outcome, especially if the outcome is that Elian has to return to Cuba.</s>CANDIOTTI: Those on different sides of the issue agree on at least one thing: the political and legal maneuvers are not helping this youngster, separated from his father for three months, trying to cope with a loss of a mother drowned at sea.</s>CANDIOTTI: And this morning, one more development. An allegation by attorneys for Elian Gonzalez that a Cuban diplomat who met with the Florida -- with the boys' grandmothers in Florida last month also was involved with the U.S. immigration official who is now accused of being a spy for the Cuban government. The lawyers charge that spy scandal, that link, may have affected the INS decision to reunite Elian with his father. However, U.S. immigration and the FBI deny there is any connection. Susan Candiotti, CNN, reporting live in Miami.</s>HARRIS: All right, thank you, Susan.