[Daryn Kagan, Cnn Anchor:] Miami, Florida has its first Hispanic police chief. Raul Martinez was appointed yesterday by the embattled city manager Donald Warshaw. Mayor Joe Carollo fired Warshaw last week in the wake of a growing public feud over the federal seizure of Elian Gonzalez. Meanwhile, the custody battle over the 6-year-old Cuban boy is heating up in the courts. And our Kate Snow has more on that part of the story.
[Kate Snow, Cnn Correspondent:] Juan Miguel Gonzalez told a federal appeals court that the decision about where to raise his son Elian is his and his alone. And even if Elian did put a childlike signature on an asylum application, the father argues: "This 6-year-old could not have had the slightest understanding of the meaning of that form. The boy does not read Spanish, mush less English." Juan Miguel Gonzalez says, there is no conflict between his wishes and the wishes of his son. He is not being coerced by the Cuban government, and so his word should prevail over the views of his Miami relative, Lazaro Gonzalez. In fact, in a footnote, Juan Miguel attacks his uncle. He says Lazaro only visited Cardenas, Cuba once, in 1998, and, according to Juan Miguel, Lazaro paid no attention to Elian: "Lazaro slept during the day, went to the resort in the evenings and drank during the night." But an attorney for Lazaro Gonzalez says he had genuine feelings for Elian. In an angry court filing, the Miami attorneys accuse the government of denying Elian due process, they say, Elian has the right to apply for asylum independent of his father. The Miami attorneys insist there's a conflict of interest. While Juan Miguel wants to return to Cuba, they claim Elian wants to remain in the U.S. and would be in danger if he returned. "The harm that would befall Elian if he is returned to Cuba is clear," they say. "No freedom of expression, thought or speech, Elian will be forced to renounce his own mother and step-father in order to swear allegiance to the revolution." [on camera]: Both sides are scheduled to present oral arguments next week in Atlanta. Juan Miguel Gonzalez has asked the court for five minutes to speak directly to the three-judge panel. Kate Snow, CNN, Washington.