Thursday, August 30, 2007

Castro's Lawyers Kurzban & Davis Face Disbarment in Cubas-Izquierdo Custody Battle


Never underestimate the fragile psyche of a madwoman or trust her to do your bidding. Never, never place your reputation in her hands, much less your livelihood or, indeed, your life. This is a lesson that will cost Ira Kurzban and Magda Montiel Davis a great deal now and in the future. Any lover of liberty or common decency cannot but rejoice at their fall. In any circumstances it would have been welcome and is certainly long overdue; but in the present circumstances, in particular, it is doubly satisfying and doubly-deserved. May justice find all the enemies of Cuba as it found them and confound them as it confounded them.

These artificers of evil in wolf's clothing — or is that a redundancy? — have committed the gravest offence of which any attorney can be guilty. They have fabricated evidence and suborned a witness to perjure herself. Disbarment is inevitable and jail and a monumental fine are by no means to be discounted as punishments for such conduct.

Yesterday, we meditated upon the mysterious disappearance from Judge Cohen's courtroom of Elena Pérez's deposition of custody, whereby she surrendered her daughter to the state. Missing also were the minutes of the judicial hearing where this document was formalized. As Charlie Bravo rightly commented the material does not beccome immaterial except by human agency. There can be no other conclusion except that pertinent documents were stolen to alter the court record and make it more difficult for the Cubas-Izquierdo custody case to proceed. I asked, cui bono? The answer escaped no one. If the mother can't be shown to have relinquished custody, then there is no custody case.

Now the inverse has happen. Castro's attorneys have fabricated false evidence which they have attempted to introduce into the court record. One of the most important elements of this case which goes to show that the father had abandoned his daughter and never inquired about her health or well-being after she left Cuba with her mother was the fact that he had never sent her a letter or birthday card, made a phone call to her or written to the mother inquiring about his daughter. Such an omission is difficult to explain, and coupled with the fact that he had signed away custody to her insane and abusive mother before she left the island and had only taken an interest in the girl when the Castro regime did, would seem to indidate that the birth father felt no paternal attachment to her, and, indeed, had rejected the child in word and deed.

To correct this situation and improve the image of the birth father, Kurzban and Davis (the mother vacilated between the two) fabricated letters from the father to his ex-girlfriend, which Izquierdo wrote out in his hand and Elena Pérez agreed to say she had received in Houston 2 years ago, as per her own testimony. We would not be surprised if the Castro regime provided pre-postmarked envelopes for the letters to make the ruse more convincing. They might have gotten away with it except that the mother couldn't go through with it at the end because of her fear of going to jail for perjury. This price was more than she was willing to pay to insure that the daughter she had abused ended up with her indifferent father. Given her mental condition and the pressure exerted on her by Izquierdo's attorneys this would have been unlikely. It is highly likely, however, for Kurzban and Montiel, and should also carry consequences for their client (Izquierdo, not Castro).

Judge Cohen was taken aback and somewhat incredulous at this turn of events. Clearly, she didn't want to believe Pérez. Kurzban and Davis must be dear friends. In the end, she did ask that magic question, cui bono? She phrased it as "What do you [Pérez] have to benefit by lying?" What indeed, Judge!

Re-read the first paragraph. I couldn't decide whether to make it the introduction or the conclusion.

11 comments:

Vana said...

Great news Manuel, the thieves got caught with their hand in the cookie jar, I love it! hope they throw the book at them, it looks like maybe "Eliana" will stay here, at least I hope so

Charlie Bravo said...

Lawyers at the service of Castro stealing evidence or fabricating letters?
So typical....
When Montiel-Davis and Kurzban are finally disbarred they can go join the Hillbama 08 campaign.
The case has to be thrown out, and Izquierdo and Perez have to be deported. Possibly alongside with Montiel-Davis and Kurzban!
Ah, the justice of the liars.....

Albert Quiroga said...

"Cui bono," indeed! And here is another thing: Have the defense lawyers representing this unfortunate child also not raised the issue that returning her to her biological father in Cuba is tantamount to placing her in an abusive situation, abuse by a failed state which recognizes no rights for anyone, including the God-given, essential right of "patria potestas?"

Manuel A.Tellechea said...

Alberto:

The judge, the reporters, the pundits and the usual suspects regard it in bad taste to contrast life in Communist Cuba to life in the United States, and yet it is precisely that diference which proves the case. Why it should be regarded as offensive to point out that the American way of life is vastly superior in every respect to Communist Cuba's is something which I don't understand and which admits of no logical explanation except the politically correct one that it is wrong to call a spade a spade.

Manuel A.Tellechea said...

Charlie:

If they can escape disbarment, it is highly probable that either Kurzban or Montiel-Davis will get some sinecure in the Justice Department, perhaps charged with finding other ways besides the "Wet Foot/Dry Foot" policy to gut the Cuban Adjustment Act (1966).

Manuel A.Tellechea said...

Vana:

I doubt that the book will be thrown at them; more likely a lifeline, alas.

Charlie Bravo said...

Well, Manuel, that'd be possible under the Neo-Clintonian Regime that so meany are eager to install.
Or should I say, to impose on us?
Actually, I wouldn't be a tad surprised if they got a position as a husband-and-wife team in the happy-ever-after Clintonian-village that Hitlery wants to build for all of us!

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