MIAMI -- The mother in a Cuban custody battle in Miami told a judge the letters supposedly written to her were faked.
Elena Perez admitted lying and fabricating evidence for more than a year in many of the central issues in the custody case, hoping to convince Judge Jeri Cohen to award custody of the girl to her Cuban father Rafael Izquierdo, rather than keep the girl a ward of the state, Local 10's Glenna Milberg reported.
Perez had testified Izquierdo called and sent letters from Cuba to her and their daughter in the year after they had moved to the United States. The Florida Department of Children and Families is arguing Izquierdo did not maintain contact, and therefore neglected his duties and is unfit to gain custody.
"There were only two or three letters," admitted Perez, turning tearfully to the judge. "But I beg you to take this into account and give the girl to him. I've tried to twist things around, to favor the father of the girl. Two pieces of paper do not show who he is. He his a good father," she said.
Perez said the idea came from the father's legal team. Izquierdo's attorneys were the ones to give her the letters in their office, with Izquierdo present, and hatched a plan for her to pretend she received them from him while he was still in Cuba, Local 10 reported.
"They spoke with me (in their office) and showed me both letters. They told me an idea," said Perez.
"What was the idea?" Cohen asked.
"For me to say 'yes, I got the letters (from Izquierdo) while I was living in Houston,' " said Perez.
When Cohen asked why, Perez said that she would do anything for the girl to be with her father.
Lead attorney Ira Kurzban, one of South Florida’s most prominent litigators, demanded a cross-examination.
"Those are some pretty serious allegations," said Kurzban.
During a break, Perez's attorney explained to her the availability of U.S. Constitution’s Fifth Amendment. Minutes later, Perez took the stand and asked to take it.
"I'm not interested in prosecuting her for perjury,” said Cohen. "I just want to you to tell the truth," she said to Perez.
Perez had turned over her daughter and an older son to state social workers two years ago after a suicide attempt, distraught and despondent at a difficult, impoverished life. Foster parents Joe and Maria Cubas have been raising the two since April of 2006. Izquierdo wants to take the girl back to Cuba to live with him, his current wife and their 7-year-old daughter.
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