Elena Perez, the mother of the four-year-old Cuban girl at the heart of a bitter custody battle between the girl’s Miami-based foster family and her Cuba-based father, dropped a nuclear bomb in the courtroom this week. In trying to prove the father wanted his daughter back with him in Cuba, she had originally shown the court letters allegedly sent by the father to her, asking for his child back.
“I tried to twist things around to favor the father,” she said. “The letters do not exist.”
They were fabricated, Perez said, by Magda Montiel Davis, one of two attorneys for the father, Rafael Izquierdo. Perez said Davis and Izquierdo asked her to say in court that the letters were real and that she had received them while in Houston.
Magda Montiel Davis, for the uninitiated reader, is the Castro-loving arrepentida who, along with her husband Ira Kurzban, always seems to willingly take Fidel Castro’s side on legal issues in the U.S.
Now, here’s something interesting I found at the Florida Bar’s website, Rule 4-3.4(b):
(A lawyer shall not:) fabricate evidence, counsel or assist a witness to testify falsely…
Let me also add that according to the Florida Bar’s website (same page linked above), “Falsifying evidence is also generally a criminal offense.” So, this isn’t merely an issue of ethics.
Any lawyers out there? Here is a link to the Florida Bar’s Contact Page.