Despite his protestations to the contrary, Rafael Izquierdo has desisted in his plans to return Elenita to Cuba. He has been persuaded by Joe Cubas that it is in Elenita's best interests to remain in the U.S. Of course, it is also in his other daughter's best interests; and in his common-law wife's best interests; and, most importantly, in Rafael's Izquierdo's best interests since the most exalted lacquey in Cuba will not make as much as a busboy here. The out of court settlement is also in the best interests of Judge Jeri B. Cohen, whose earlier award of custody to Izquierdo will not now be set aside by the Appellate Court because of judicial misconduct on her part; and, also, it is in the best interests of Kurzban and Montiel-Davis, who are less likely now to be subject to disciplinary proceedings or disbarment springing from their outrageous conduct at the custody trial, which included suborning perjury and fabricating evidence. The Cubas, Elenita's foster parents and the only well-intentioned parties in this case, will continue to have visitation rights on alternate week-ends. Elena Pérez, Elenita's abusive mother, will not (unless Izquierdo wishes to risk losing custody). And Elenita's 13-year old brother, who has been her real father and protector since she was born, will not be separated from her nor she from him.
As the result of this Solomonic compromise, four people are free instead of one. Although we despise Rafael Izquierdo for abandoning his daughter and then reclaiming her for Castro, we are even glad that he has opted for freedom over slavery. Perhaps he'll learn to be a man and a father here. In any case, Elenita will remain in the U.S. and under the jurisdiction of the Florida Department of Children and Families until May 2010. Then her father will have to decide whether he wants to return to Cuba with his biological daughter or remain here. Nothing that this cretinous man might decide to do would surprise us. But I'm personally betting that the guajiro is not that great a fool since this compromise more than just assuring his daughter's safety for now is a golden parachute for her father.
The entired saga as covered by the RCAB:
Judge Jeri B. Cohen Stopped Dead in Her Tracks By Appellate Court
Judge Jeri B. Cohen Seeks the Spotlight Again
Judge Jeri B. Cohen Awaits Her Report Card
Judge Cohen: The Little Girl Is Lying
Now Judge Cohen Officially Banishes the Truth from Her Courtroom
A Letter to Florida Governor Crist Appealing for Elenita's Life
More Fabricated Evidence Exposed and the "C Word" Banned from Judge Cohen's Courtroom
Elenita's Fairy Tale: Grimm Was Never This Grimm
What Judge Jeri B. Cohen Should Take to Bed Every Night
Judge Jeri B. Cohen's Decision: We Should All Want "Marginal" Fathers
Ana Menéndez Psychoanalyzes Cuban Exiles
The Real Parents — Joe and María Cubas
Joe Cubas: Castro's Worst Nightmare (and Henry's)
Ana Menéndez & Robert Molleda: The Hag and the Gelding; Or, Love in the Stable
Notable and Hateful: No Mercy for Children Who Straggle From Castro's Knee
What Creature Do I Despise the Most in the World?
The "Elenitas" Keep Multiplying
Is Oscar Corral In Cabaiguán, Cuba?
The Saga of Babalú's Henry Gómez & Alex of SotP
Judge Jeri B. Cohen Just "Hates It; Hates It; Hates It"
Judge Jeri Beth Cohen Gets Her Man (Off)
The Guajiro Hamlet: Rafael Izquiedo
Elián's Father was "Adopted" Too
The Last Redoubt of Magical Realism: Judge Jeri Beth Cohen's Courtroom
By Their Scars You Will Know Them: The Ordeal of Elenita and Her Brother
Castro's Lawyers Kurzban & Davis Face Disbarment in Cubas-Izquierdo Custody Battle
Cui Bono: The Unasked Question in Judge Cohen's Courtroom
Elena Pérez: Her Life As a Mother and a Mistress (Or Chasing Cod in Cabaiguan)
Letter to Elena Pérez: Birth Mother of the Cuban Refugee Girl
Judge Jeri B. Cohen: Love Child of Janet Reno and Doris Meissner
The Poor Little Cuban Girl that They Call "Eliana"
What "American-Cuban" Bloggers Really Think About "Eliana"
¡Viva Ziva! The Moral Conscience of Babalu Blog