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Elian! It's Not Over Yet!
May 9, 2000 NA (Network America) e-wire
Elian! It's Not Over Yet!
Thank God for Jack Thompson, Donato Dalrymple, and the other Americans with BraveHearts down in Florida. Today Donato is filing a petition to the 11th circuit court for a new lawyer for Elian, pointing out the treachery of false opposition Clinton/Reno ally Kendall Coffey.
I would be interested to know how this Coffey guy ever got to be lawyer for the Miami Gonzalez Family. Probably, they were told that he had "great connections" with the Democratic party and could do them a lot of good. Instead he has blocked all effective action. This is a REAL TIME study in false opposition. Read Donato's brief - and learn!
Donato Petitions for New Elian Lawyer
May 8, 2000
Editor's note: This petition is to be filed Tuesday, May 9, with the 11th Circuit Court of Appeals by Donato Dalrymple, who rescued Elian Gonzalez from the high seas. Dalrymple is informing the court that Elian's current attorney, Kendall Coffey, has several conflicts of interest, including the fact he has been a close associate of Janet Reno's for many years and has close ties to the Democratic Party. Dalrymple points out that Coffey has yet to file a motion asking the to court to act on the government's illegal raid of the Gonzalez home. Dalrymple is requesting the court appoint a new lawyer to represent Elian's interests.
IN THE UNITED STATES 11TH CIRCUIT COURT OF APPEALS
CASE NO. 00-11424-DD
Elian Gonzalez and Lazaro Gonzalez,
Vs. Janet Reno, Doris Meissner,
Robert Wallace, United States Department
of Justice, and United States Immigration
and Naturalization Service,
EMERGENCY FRIEND OF THE COURT PETITION
OF DONATO DALRYMPLE
COMES NOW, DONATO DALRYMPLE, as friend of the court, and states:
STANDING AS FRIEND OF THE COURT
1. I was one of two individuals who rescued the plaintiff, Elian Gonzalez, when we found this little boy near death off the coastline of Florida, kept afloat only by a rubber inner tube.
2. Since that day in November 1999, I have spent hundreds of hours with Elian and with the Miami relatives who have loved him, provided for him, and protected him. Attorney General Janet Reno, a defendant in this case, prior to her knocking down the front door of that home, described the household as "a loving, caring family." It was, and it still is.
3. I was in fact in the home of Elian's great uncle Lazaro Gonzalez the night Elian was seized by federal officials. An Associated Press photographer took a number of photographs of the ripping of Elian from my arms at the point of a machine gun.
4. Therefore, I not only saved this boy. I was also the last person to have physical custody of him, in a unique sense, before the government took him, screaming in terror, from me. He did not want to go.
5. I am not a lawyer. I clean other people's houses for a living. I don't fully understand what "standing" means, but it seems to me that if anyone has "standing" to point out some facts to this court that you have no other way of knowing and that might help redress a terrible wrong, then I am the one to do it.
6. I saved the boy once; I'm here before you to save him again. Here are some facts of which you are not aware:
THE FIRST CONFLICT OF INTEREST OF PLAINTIFFS' ATTORNEYS: REPRESENTING BOTH THE BOY AND THE FAMILY
7. The lawyers representing plaintiffs in this case have a clear conflict of interest in representing both Elian as well as the great uncle Lazaro Gonzalez (and with Lazaro the "Miami relatives"). This court acknowledged this conflict by noting that Elian is himself a plaintiff who can seek asylum or not seek asylum based upon his own desires, separate and apart from the influence of adults, even his father.
8. This conflict of interest between the boy and the other Miami relatives is precisely why respected Miami lawyer Aaron Podhurst, the "chief mediator" who had negotiated a peaceful settlement of this dispute the evening of Good Friday, had wisely secured the understanding of all parties to the appointment of a "Facilitator" whose purpose would be, in the words of the signed agreement, to "do what is in the best interest of the child." The boy was to be placed in a "safe house" with both the father and the Miami relatives enjoying full access to him during the litigation over the asylum issue.
9. The agreement on a "Facilitator" was recognition by the Miami relatives that Elian's interests are technically but significantly separate from theirs. They love him enough to act on that understanding.
10. I am aware that respected constitutional scholars, including but not limited to Laurence Tribe and Alan Dershowitz, both of Harvard University Law School, and Judge Andrew Napolitano, former New Jersey State Supreme Court Justice, have all publicly said that a lawyer for Elian should argue to this court that the raid by which he was taken from this loving family was illegal in the following regards:
a. The search warrant obtained by the government was secured by means of a false affidavit.
b. The Attorney General's personal involvement in the negotiations to end the dispute were a trick to make the illegal raid successful. Indeed, Aaron Podhurst, a long-time friend of Janet Reno, has said publicly and would attest to this court under oath, that the Miami relatives were not "moving the goal posts" during these negotiations, as Reno claimed, but had been acting, at all times, in good faith and that two new conditions she brought up out of the blue at 4:30 that morning were about to be agreed to by the Miami relatives. The raid began with the mediators still on the phone.
c. The result of the raid was to put the boy, the plaintiff in this action, in the hands of the opposing party and of opposing counsel, held incommunicado from the plaintiff's own lawyers, an unconscionable result and unthinkable posture of the case during the pendency of asylum or any other type of proceedings.
11. This court has already ruled that Elian is the plaintiff in this case. As such, he needs his own attorney for the reasons stated above. This is not to say that the family does not love the boy. He needs a different attorney for yet another reason.
ADDITIONAL CONFLICT OF INTEREST OF ATTORNEY KENDALL COFFEY
12. I also am aware, based upon what I have read, heard, and observed myself that the illegality of the raid is not being fully adjudicated by the Miami legal team in this court. The failure to make these arguments seems to me to affect adversely the rights of Elian, as the results of the raid, if allowed to stand, deny him the opportunity even to meet with any lawyers other than Mr. Gregory Craig who represents the father. In addition, he may permanently waive his right to raise these issues by not raising them now.
13. I was around this family right up to the time of the raid and in the days after. I have observed that the lead attorney on this case is Mr. Kendall Coffey, regardless of what the pleadings may say.
14. Mr. Coffey has a conflict of interest in this case as indicated below, in addition to the conflict of interest in representing the Miami relatives as well as the boy. Please consider the following:
15. Mr. Coffey served the Dade County Democratic Party for many years as its chief counsel. Mr. Coffey was a chief fund-raiser for Janet Reno in her many electoral races for Dade County State Attorney. To reward Mr. Coffey for his past financial and political support of her, Ms. Reno chose Mr. Coffey in 1993 to be her U.S. Attorney for the Southern District of Florida, despite his total lack of experience with the criminal justice system as indicated at the time in the Miami Herald.
16. Mr. Coffey had to resign as U.S. Attorney in May 1996 because of an incident involving him and an exotic dancer. Mr. Coffey is married with children.
17. Mr. Coffey has since been in private practice, representing various Democratic Party loyalists, including a man who is alleged to have laundered campaign contributions to the Democratic National Committee.
18. Mr. Coffey was brought into this case by the Democratic Party of Dade County. The local Democratic Party is filled with Reno loyalists who do not want this litigation over asylum to address the misconduct of Ms. Reno, to whom Mr. Coffey owes a great deal, particularly if it means the removal of the boy from the grasp of opposing counsel, Greg Craig, the President's own impeachment counsel.
19. It has been written in the past week in the South Florida Business Review that Mr. Coffey could now run for and win any political office in South Florida. It is fair to suggest that he cannot do so if he angers the Democratic Party by raising in this court in a substantive way the gross misconduct of the most popular Democrat in the history of South Florida politics, Janet Reno.
20. Attorneys must be above suspicion as to the loyalty they owe and discharge to their clients. Mr. Coffey has a tremendous burden to overcome to show this court that he has no loyalty to the Democratic Party. His failure to argue the illegality of the very reasons why Elian is held hostage by opposing counsel causes concern.
MY REQUEST TO THE COURT
21. My understanding is that this court can inquire of the parties and of counsel whether there is a conflict of interest in any of the lawyers which may compromise the interests of any client. I beg the court to conduct such an inquiry. I believe the entire legal team has a conflict of interest in that it cannot represent both the boy and the family. I believe further that Mr. Coffey has an additional conflict of interest in that he is beholden, by past and present party affiliations and dealings, to the Democratic Party that has figured so prominently in this illegal raid. I am told that in a criminal proceeding an inquiry as to conflicts of interest is called a "Garcia hearing." I ask for that, not for myself, but for the boy.
22. Additionally, since no hearing on any matter should proceed when the plaintiff himself is not adequately represented by any attorney, doubly so when the plaintiff is being held hostage by opposing counsel and when the loving family of the boy are themselves being held hostage, in a very real sense, by their own lawyer, Kendall Coffey, I ask this court to stay all proceedings in this case until the above-requested hearing is conducted.
23. Should the court agree with me that the boy needs his own attorney, an attorney who will present to the court the boy's positions in their fullness, as to the illegality of the raid and the sanctions that are appropriate against the government, then I would ask the court to order that he have his own counsel before any other proceedings on this matter.
24. I found this precious boy, Elian Gonzalez, on the high seas. He has told me many times of the dolphins that protected him from the sharks that were trying to devour him, just as they had devoured his mother. There are now some other sharks who imperil him, more concerned about their careers than about this little boy. I am asking for your help.
25. I have had the help, obviously, in preparing this petition from someone who also cares about this boy, but the thoughts and the desires found in this petition are mine and mine alone.
26. I promised Elian I would always protect him. I meant that sacred promise. I could not fulfill that promise to him if I did not point out all of the above to you, on behalf of this boy whom I saved. I owe it to him.
27. I am here before you because I believe, so help me God, that I must save him once again. Please help me do so.
I HEREBY CERTIFY that a true and correct copy of this petition has been mailed and faxed this 9th day of May, 2000 to record counsel.
DONATO DALRYMPLE 3408 Rosehill Way Lauderhill, Florida 33319
End of Donato Petition as carried on Newsmax.com
And we return to remark: that Donato Dalrymple has proved himself a real American - more of one than Clinton, Reno and Thug Greg Craig, 1000 times over. Donato has stepped to the plate against the forces of the New World Order and the forces of Hell. A little tear comes to the back of my eye when I read the above, because I realize it is one of the few PURE acts we see on the national stage, totally devoid of self-interest, totally devoted to truth, and totally for the godly love of a fellow human being in trouble.
It reminds me of our pro-life Platform Republican fight in 1990 against the powers of darkness which control Cincinnati, Ohio. After, by the grace of God, we defeated the Establishment Republicans in Convention by following all the relevant rules, while they broke all the relevant rules - we found that Republican Party operatives Ralph B. Kohnen, Eugene Ruehlmann, current Prosecuting Attorney for Hamilton County Mike Allen, current Ohio state official Joe Deters, then head of Cincinnati Right to Life Jack Willke, then and current head of Citizens for Community Values, Phil Burress, Common Please Judge Norbert Nadel, the Appeals Court, and the Ohio Supreme Court - all coalesced by their action or inaction to strangle our pure movement in the cradle, and stand coldly on the side of entrenched evil - just as Thug Greg Craig, Kendall Coffey, George W. Bush, Trent Lott, Dick Armey, Bill Clinton, Al Gore and others are now, by their action or inaction, attempting to strangle the chance for Elian's freedom in its cradle.
I mention our Cincinnati struggle of a decade ago here because it is an example of what has happened in every county of this country: unscrupulous self-seeking wretches in all areas of the land have illicitly, immorally, and illegally blocked the Donato Dalrymples and Jack Thompson's of the world from positions of influence for the last several decades. That's why there are so few people of influence coming to the aid of little Elian and the Miami Gonzales Family.
Now that we know the main power of the forces of evil comes from unjust financial power derived from the Federal Reserve Board, from Big Media domination springing from that financial power, and from unverifiable, easily-rigged computerized elections based on both - then we, especially we men of America, know that we must break the power of these evil men in any moral way possible.
Jim Condit Jr.
Director, Citizens for a Fair Vote Count
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