Children lie, but Magda Montiel-Davis never lies. Nor does she fabricate evidence. Nor suborn perjury. Nor obstruct justice. Her own client and friendly witnesses may attest otherwise, an innocent child also, but Judge Jeri B. Cohen will believe none of it. Not even the forged letters from Izquierdo to his daughter, nor the photographs which he falsely claimed that he requested and received from the mother while in Cuba, both of which it has been established originated with Montiel-Davis, are sufficient to shake Cohen's boundless faith in her friend's integrity. Not even the words of a child are sufficient for her. She prefers to believe a child is lying than credit her words or the only incontrovertible evidence presented in her courtroom — not a shread of evidence that Rafael Izquierdo is a fit father or any kind of father at all, not even a "marginal one," but reams of evidence that Magda Montiel-Davis and her husband Ira Kurzban have broken every law that can be broken in a courtroom from suborning perjury to fabricating evidence, from contempt of court to obstruction of justice.
The latest allegation of wrongdoing against Montiel-Davis was made by Elenita herself. She confided to one of her therapists that her birth father and his common-law wife had told her to say that she wanted to return to Cuba while Montiel-Davis videotaped this odd little family circle. The girl told her therapist that she had made a "mistake" when she complied. Only a helpless child and one who was telling the truth would blame herself for submitting to coercion which she was powerless to resist. The Miami Herald incorrectly reported that it was the Cubases who first brought this matter to the judge's attention. In fact, it was her therapist who testified in court as to what the child had told him.
Judge Cohen, again ignoring the evidence in order to exculpate Montiel-Davis, said she "believes the girl may well have told a story about being forced to speak in front of a camera," but, she added, "I don't believe it happened."
In other words, she believes the child lied. And not only the child but her court-appointed therapist as well. She admits only the possibility that the child "may well have told the story." Of course, by the same token, she might well not have told it either.
Of course, in order to grant custody to the father and return her to Cuba, Judge Cohen must disregard every single word which the girl has uttered and believe every lie that Rafael Izquierdo, who has even less autonomy than Elenita and is kept on a shorter leash by his handlers, tells her. Her courtroom is a vast "Punch and Judy Show" except that it is the adults who are the marionettes and Fidel Castro the puppet master.