Brother is the first to testifie in cuban custody case
The boy, 13, told the judge that their mother, Elena Perez, also abused him.
The boy was the first witness in a trial to determine whether the girl's father, Rafael Izquierdo, is fit to regain custody of her and return to Cuba, or whether she should stay in the U.S. with her wealthy foster parents.
The battle is sparking memories of the fight over Elian Gonzalez almost eight years ago.
Miami-Dade Circuit Judge Jeri B. Cohen must decide whether Izquierdo should have known about the abuse and whether he failed to protect the girl by letting Perez take her to the United States legally in 2005.
Izquierdo, a farmer, wants to take the girl home to the communist island, but Florida child welfare officials are backing the foster parents, sports agent Jose Cubas and his wife, Maria.
The couple have already adopted the boy and want to adopt the girl.
Perez ``was always hitting me, beating me up, kicking me on the floor, screaming at me, so I was scared,'' the boy testified in English. His mother also hit his sister, the boy said. The children's names are being kept secret by both sides.
The boy testified in the judge's chambers with a video feed to the courtroom. The girl has lived with the Cubases for about 18 months and calls them ``Mami'' and ``Papi,'' they have said.
``I would do anything for my sister to stay here,'' the boy told attorneys, his voice cracking.
The boy, who has a different biological father, described Izquierdo as ``not a bad guy.'' Before they left Cuba, he said, Izquierdo would visit Perez about twice a month after the birth of his sister, occasionally playing guitar with him.
The boy testified he once tried to tell Izquierdo about the beatings with no success.
``She's giving it hard to my sister,'' he said he told Izquierdo, terrified his mother would hit him if she overheard. But it was not clear the boy ever said his mother was beating him and his sister.
The boy also said that his mother told him she wanted to leave her daughter with Izquierdo when she went to the U.S., but that he refused.
On cross-examination, Izquierdo's attorney questioned how Izquierdo could have known of the alleged abuse.
The boy said he told his grandparents, whom he lived with for much of his life and who saw some of the beatings.
But he acknowledged he visited the doctor regularly and never mentioned the abuse and didn't know if his grandparents ever spoke about it to Izquierdo.
The boy described a volatile mother who would beat him for simply spilling a box of detergent.
His anguish came through as he spoke of the night in December 2005 when she grabbed a knife after a fight with her husband and attempted suicide while his sister slept in the bedroom. Perez and the children had already moved to the U.S.
``I started crying and screaming, 'Please stop. Please stop,'' he said. ``After 25 seconds, I stopped crying and I got angry, and I said, 'If you're going to do this, please call the police first.'''
The mother did, and afterward, the boy said he was relieved to finally know he would not have to return to her.
After his testimony, Perez left the room sobbing.
Outside the courtroom, she read a letter she had written to him in Spanish, saying that one day he would understand that she had meant only to discipline him and that she had grown up believing it was culturally acceptable to hit a child with a belt.
The custody fight has been called ``Elian II'' in Miami. The Cuban boy was 5 when he was found at sea after his mother drowned during an attempt to reach the U.S. in 1999.
The boy ultimately was returned to Cuba with his father after U.S. agents seized him from a Miami home at gunpoint.
But unlike with Elian, all parties in this case have agreed to allow a family court decide the girl's fate, and unlike the last time, both the Cuban-American community and the Cuban government have remained relatively quiet on the issue.
Source: Guardian Unlimited