The Miami Herald
Sat, Sep. 01, 2007

Stories keep changing in girl's custody battle

By CAROL MARBIN MILLER AND TERE FIGUERAS NEGRETE

The woman appeared on the TV newscast from the neck down, unnamed. She told WLTV-Univisión 23 of a shocking ruse allegedly hatched by attorneys for a Cuban farmer embroiled in a sensational Miami child-custody dispute over a 4-year-old girl.

What she said: The girl's mother told her the father's lawyers had asked her to lie in court and say she had sent the dad photographs of the toddler.

What the station did not tell viewers: The mysterious woman, Maria Martinez, works as an assignment editor for the Univisión Spanish-language network, which aired the interview.

It was yet another bizarre plot twist Friday in a courtroom drama that has been likened to a telenovela.

The farmer from Central Cuba, Rafael Izquierdo, is on trial. State child-welfare lawyers say he is unfit to raise his 4-year-old daughter, now in the care of foster parents in Coral Gables.

For two days, Elena Perez, the little girl's mother, kept a sixth-floor courtroom of the Miami-Dade County Courthouse spellbound as she whiplashed between heart-felt defenses of her one-time lover, Izquierdo, and explosive allegations of misconduct by Izquierdo and his Miami legal team.

Friday's bombshell: Perez testified that Izquierdo's attorneys told her to lie about the provenance of family photos they wanted to enter into evidence to show the girl's father was being kept apprised of the youngster's new life in the United States.

The day before Perez accused one of the lawyers, Magda Montiel Davis, of fabricating letters to her from Izquierdo.

`SIDESHOW'

Miami-Dade Circuit Judge Jeri B. Cohen -- noting sarcastically at one point that she feared she was becoming ''incompetent'' to preside over a trial both sides have compared to a ''sideshow'' -- halted the proceedings repeatedly to hear from three women Perez identified as potential witnesses to the misconduct.

Izquierdo is being represented by immigration lawyers Ira Kurzban and Davis, his wife, who maintains a separate practice in Miami.

Kurzban and Davis insisted they had done nothing wrong. Kurzban has suggested numerous times, in court and to reporters, that Perez -- who lost custody of her daughter and a teen son after attempting to kill herself -- is emotionally unstable and her testimony unreliable.

''I vehemently deny'' any fabrication, said Davis, who asked the judge if she planned to continue the two-day investigation into Perez's claims of misconduct.

The session began Friday with attorneys for the Department of Children & Families and the Guardian-ad-Litem Program ferociously battling Kurzban over the claims of fabricating evidence and witness tampering.

John O' Sullivan, a Guardian-ad-Litem Program lawyer who represents the girl's legal interests, told the judge he was disturbed by the Univisión report.

''The guardian is concerned that the integrity has been compromised,'' O'Sullivan said of both the TV report and claims that letters from the father have been faked.

Jason Dimitris, the chief of staff for DCF who is leading the state's case, urged the judge to halt the trial while authorities sort out the allegations. ''We don't want to go forward on a trial that can come back on appeal,'' he said.

Kurzban accused Dimitris of exploiting the allegations to seek a delay in a weak case.

''I feel very strongly that we should move forward. I think this is a diversion,'' said Kurzban, who referred to the questions surrounding his wife as a ``sideshow.''

The judge shot back: ``I don't consider this a sideshow.''

DCF attorneys say Izquierdo, 32, is unfit to raise her because he failed to protect her from Perez's frequent mood swings and abusive behavior. Perez came to the United States in 2005 with the girl and her half-sibling. The state lawyers have asked the judge to let the girl remain with her foster parents, Joe and Maria Cubas, with whom they say the girl has bonded.

Thursday afternoon, Perez sent the courtroom into chaos when she claimed that Davis and Izquierdo had hatched a plot two weeks ago to enter into evidence two letters that purportedly showed that Izquierdo, living in Cuba, had inquired about the girl's welfare.

''The letters do not exist,'' Perez told the judge. She said a cousin, Noelia Leal, had dropped her off at Davis' office the day the fabrication plot was discussed and later returned to pick her up.

But Leal testified Friday morning that she had never taken Perez to Davis' downtown law office. She said she had once taken Perez to Kurzban's office and remained at a meeting with Kurzban, Davis, Izquierdo and Greer Wallace, Perez's attorney.

Shortly after noon, Univisión delivered a tape of its Thursday night broadcast. The judge played it in court: An unidentified woman, face not shown, said Perez had complained to her that Izquierdo's legal team had forced her to use her own family photos in a ruse intended to show that Perez had mailed Izquierdo pictures of the girl.

The judge asked Perez if she knew the woman on the broadcast. Perez said no, and added that the woman was not telling the truth.

Twenty minutes later, Perez returned to the stand with a different story: ''It's true,'' she said.

''What's true?'' said the judge.

``The video. The video is true.''

Perez identified the woman as Martinez, who was born in her own village of Cabaiguán in Cuba and who contacted her after the girl's story first appeared in The Miami Herald. Perez said she had told Martinez that she had given the photographs to Davis, who kept them. The photos reappeared later as evidence meant to show that Perez was sending photos to the girl's dad, she said.

BEFRIENDED MOTHER

Martinez testified next: She said she tracked down Perez through a mutual friend and the two women became friends.

Martinez bought Perez groceries, helped pay for her work visa and, a few weeks ago, let Perez stay overnight when she thought the distraught woman might harm herself.

During Friday's broadcast of the trial, Channel 23 identified Martinez and disclosed her employment at the station. Spokeswoman Maryam Banikarim said network officials were investigating the decision by Channel 23 to withhold Martinez's identity. WLTV is a media partner of El Nuevo Herald.

Before leaving the stand, Martinez told the judge she was concerned about Perez's mental health, which she said has deteriorated since the legal proceedings began.

Cohen took a moment after the session to talk to Perez, telling her she was trying to arrange for professional mental health care.

''I wish I could get you help today, but it's the weekend, it's a holiday,'' said Cohen, asking Perez if she felt she could make it until trial resumes Tuesday. Perez answered yes.

''Don't hurt yourself,'' said Cohen.

Miami Herald staff writer Evan Benn contributed to this report.