Tuesday, October 13, 2009
Rifqa Bary to be returned to Ohio ...no, wait......
Two courts are meeting at the same time on the same matter; both will be listening to each other's statements via audio link. Two judges will be deciding the case -- whether Rifqa Bary goes back to Ohio.
The courtroom is packed. Many well wishers, all of Rifqa's Christian friends, strangers, apostates, have descended on a small courtroom in Orlando.
Going live ........... parents are in the courtroom in Ohio. Audio is going live now to Ohio.
To say this is unusual is a gross understatement.
Audio kicks in from Ohio: listing attendees. Lawyers, guardian ad litem for Rifqa in Ohio. So many lawyers. Judge Elizabeth Gill (sp?) in Ohio.
First issue was mediation. What was resolved in mediation ..........nothing (shocka!). Shayan "Shaytan" Elahi promised so much at the last hearing, remember?
Second issue. Rifqa's transcript. Apparently parts of it must be redacted (must be pretty awful).
Lastly, Judge Daniel Dawson explains the proceedings. We have a judge on the phone to determine jurisdiction, because there were no custody proceedings going on in any other states. But now two cases have been filed. The first concerns Rifqa being charged with being "ungovernable". The court (Florida) researched it and doesn't think it has merit. Perhaps because she is a straight A student, no boys, no drugs, no alcohol.
The second case filed under Ohio law is a dependency petition -- a "conflict" petition -- a pleading that a child makes an accusation that a parent denies. The court recognized the conflict between the parent and the child. The child can be placed in foster care (in Ohio) while that hearing is held, as "a child in need of services". The father filed for conflict resolution, and it is now in the hands of the state prosecutor's office.
Franklin County Child Services has selected a foster care home for Rifqa, as going home "is not in the best interests of the child".
Prosecution (in Ohio) is "free to pursue" the child's allegation. The father cannot drop the case, though I have little faith in Ohio's desire to prosecute this case. Let's be real here.
The unsung hero in this Shakespearean Islamic drama is Rifqa Bary's GAL (guardian ad litem), Krista Bartholomew. She was magnificent. She loves Rifqa (I believe that). She stated that she understood that the law is clear, Ohio has jurisdiction. Though she "does not believe Rifqa should be sent back". Bartholomew wanted to "present evidence", insure a smooth transition, conduct a psychological evaluation in Florida. Bartholomew said she wants "to protect the child from any further harm". Bartholomew felt more comfortable with an FLA psych evaluation -- she thought it was more likely to be "accurate".
Karlene Cole Palmer of Florida DCF (Department of Children and families) jumped on this. Rifqa has no friend in DCF. Palmer demanded to know who would pay for it. Bartholomew assured her the money could be found, or that Rifqa could use the trust fund. Palmer sparked at this, said that she had "problems with the trust fund". Palmer went after the trust fund like a pit bull. Palmer insisted upon a full "investigation" of the trust fund set up by good people supporting this tiny girl. Unreal.
Bartholomew advised the court that Rifqa was getting straight A's across the board in very difficult courses. She strongly recommended that Rifqa be allowed to finish the term in Fla (to Thanksgiving). Palmer of DCF would have none of it. She insisted Rifqa could finish the virtual curriculum in Ohio. When the judge asked who would pay for that, Palmer insisted she would "find the money". Nickel and diming Rifqa's team on who pays for the psych evaluation, but Palmer and the DCF have got money to school her in Ohio. Got that?
Bartholomew insisted, "don't move her for the sake of moving her". Yes, Bartholomew is all that (and Rifqa loves her).
The Ohio judge wants to do the psych evaluation on Ohio. Judge Gill wants to do everything in Ohio. This is not a disinterested party. Ohio is pushing for early return.
Again, Bartholomew and Stemberger reiterate that the best way to keep her safe is do the psych evaluation in Florida. Elahi pops a vein. Again attacks Bartholomew, calling it a ploy. The he has the gall to say, "If it's a matter of money, it's not a problem. The parents can handle any money matters". That's rich. Weren't they indigent a couple of months ago?
The last issue, and the one that comes up every hearing, is the missing immigration docs. Still, Elahi (Mohamed Bary's lawyer) does not provide them, though he was threatened with contempt of court last hearing.
Dawson was very concerned -- "why no papers"? And how does Shayan "Shaytan" Elahi respond? He attacks Bartholomew. Says she has an agenda (uh, yeah, Rifqa's life). And of course starts running down John Stemberger, who is very quiet.
Dawson says, "that explanation is unacceptable". Rifqa looks nervous. She has glanced over to look at me a number of times. She knows I know.
The Judge, patient as Mother Theresa, starts getting testy here. He wants the docs. Shayan keeps ranting. Says what docs. Oh yeah, this guy is a piece of work. Bartholomew says she has gotten two pages off a passport and only a partial piece of the visa. Dawson says he is "very alarmed " (I'll say). Dawson says he has bent over backwards to give the parents as much time and opportunity to provide the docs. It is simply a matter of going to a copy machine and making a copy.
Reviewing all issues: The court agrees Ohio has jurisdiction and the Florida court maintains emergency jurisdiction.
Dawson is firm. Immigration will be resolved in the Florida court. No reason why they have not completed that formality.
Stemberger finally speaks. He says to the judge, Rifqa's parents threatening to take her back to Sri Lanka. He says it is very dangerous. "Apostasy killings".
Finally.
Well, Shayan "Shaytan" Elahi goes ballistic. Nuts. Accusing Stemberger of "anti-Muslim" bias.
I interviewed a family from Sri Lanka who came to show support for Rifqa. The mom is an apostate. Listen to her -- I did a quick five minute interview with her in the courthouse: Download apostate.mp3 (5520.9K)
Stemberger continues. Undocumented persons get deported. Crossing state lines in dangerous.
Dawson agrees. He wants the immigration papers. Threatens Elahi with contempt. Very sternly, "you did not comply with the order". Shayan says he is afraid Stemberger is going kidnap Rifqa, "squirrel her out of the country". (I kid you not).
Rifqa will not leave Florida until the immigration papers are filed. Next court date is on the 23rd, unless he furnishes the paperwork before then.
Rifqa's lawyer asks if she can see the Lorenzes one more time before she is sent home. Elahi is adamant no. They approach the bench. I don't know what happened.
Rifqa's crew of righteous supporters. Truly wonderful friends she has.
Muslim extremist Muhammad Lufti was back. Screaming that we wanted to kidnap (yes me) Rifqa. I have video. And the news crews filmed it but they wont use it.
The inestimable Florida State Rep Adam Hasner -- he is unafraid. The best.
Jamal Jivanjee, Rifqa's dear friend, comes to every hearing from Ohio.
After the hearing was over, I snapped a couple of pics of Rifqa. A woman, courtroom monitor (you know the kid that was hall monitor grows up and becomes courtroom monitor) ran after me (I was outside!), cops in tow, and made me delete. ONLY THE COURTROOM CAMERA! Yes, mein herr.
I also had it out with Phil Keating of FOX news. I asked him outright, in front of all the news cams, why he had it out for Rifqa. He said he didn't. He cited FDLE report showing no threat. I said they didn't touch the threat. They did not look into apostasy killings or the punishment for apostasy in Islam. He said where's your proof. I cited the Al-Ahzar fatwa. Eyes glazed.
Why doesn't she just file for emancipation? If the girl gets killed...honor killing...what a bunch of crap...they should hold the Ohio people and everyone else involved in putting her back in danger. Islamofacist are idiots.
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