Thursday, September 6, 2007

The Last Redoubt of Magical Realism: Judge Jeri Beth Cohen's Courtroom

A favorite phrase of Judge Jeri Beth Cohen's when confronted, as she has been, time and time again during the Cubas-Izquierdo custody trial, with the fabrications of evidence and suborning of perjury committed by Kurzban, Montiel-Davis and their associates, is that she finds it all "very concerning." Concerning what? Concerning whom? She does not say.

Obviously, however, it does not mean that she is herself concerned about it because she has done nothing to stop it. She should have removed the lawyers responsible for the malfeasance pending judicial review, and if their associates could not continue without them, dismissed the case with prejudice. She could also have held the self-admitted perjurer in contempt of court and remanded her ex-boyfriend to the law on the same charge as well as for complicity in the fabrication of evidence. Judge Cohen, after all, held the evidence in her hands — the fake letters which Izquierdo contended he had sent Pérez. Perhaps these letters will soon disappear from the official court record, as all documents pertaining to Pérez's deposition surrendering custody of her daughter to the state have already disappeared. Truly, Judge Cohen's courtroom seems to be a last redoubt of magical realism. There reality is constantly challenged by illusion, real documents dematerialize and are replaced by bogus ones; the court record is fluid and always in transition; fantasies are more weighted than facts; and all of this swathed in Judge Cohen's asyndetic "concerning."

In the latest incidences of perjury to be foisted on her everlasting "concerning," the abused little girl's abuser, that is, her mother, has testified that she lied originally when she contended that her erstwhile adulterous partner did not know about her mental illness. In fact, Elena Pérez now admits, that he knew everything about her mental health "issues." Of course he knew. Everybody knew about it in their hometown of Cabaiguán, where everybody knew her as the town crazie and predicted disaster when they learned she was to immigrate. Izquierdo would have to be crazier than her not to have known it, too. And yet, as she now acknowledges, his lawyers had pressured her to testify that he didn't know. Why? Because if he did know that his lover was a schizophrenic, dangerous to herself and others, why did he surrender sole custody to her and even allow her to take their daughter to the United States, where, as he now claims, he was helpless to do anything on her behalf? So much for his "see no evil, hear no evil" defense for parental abandonment. It is the same defense which mothers offer for allowing their daughters to be raped for years by their fathers. Of course they knew, and of course he knows. Even Elena Pérez seems to realize at long last that this was wrong: "He was aware of the problems and even so, he authorized the exit," she testified. Hopefully, Judge Cohen will also be struck at some point by the same revelation.

Another development which the judge should be concerned about was Pérez's admission that she was living at the home of Montiel-Davis' secretary. This is tantamount to, say, John Dean living at Archibold Cox's secretary's house during the Watergate proceedings. The Castro-by-proxy attorneys have in fact kidnapped the lead witness in this case and are keeping her at close quarters. She's not reading the script they've prepared for her to their entire satisfaction, but when she has lied it has always been at their instructions; and if she did get caught up in her (their) lies, it was not because she wasn't willing to cooperate. It was only when she was advised of the consequences of perjury and became aware that her "benefactors" were in fact setting her up that Elena Pérez finally decided to tell the court the truth and the truth completely undermines Izquierdo's case and will affect him and his whole legal team for the worse.

Judge Cohen used to threaten to throw out this case every 30 minutes unless the Department of Children and Family Services could prove that the father was an unfit parent. Guess what? The Florida DCF now doesn't have to prove anything. Kurzban and Montiel-Davis have done an excellent job of proving it for them.


Charlie Bravo said...

This court has become Kasstro's own theater of marionettes....
Any honest judge would have tossed the case out of court a while ago. The Cubas should sue the living bejesus out of the Montiel-Kurzban duo.
The Florida Bar Association should throw them at the gutters, and after disbarrement, they should be taken to court for them to explain how exaclty were they working as unregistered agents for the Cuban tyranny.

Vana said...

All very concerning, yes it should be, but judge Cohen does not give a crap for that little girl, nor any of us, remember in her own words, life would be much easier if all Cubans were sent back, I'm afraid she will send Elenita back to Cuba, for further abuse at her father's and stepmother's hand, I pray I'm wrong