DEVELOPING NEWS: Rifqa Bary Case Comes Back to Ohio
A judge in Florida has decided to bring the Rifqa Bary case back to Ohio.
However, he added a few conditions.
Rifqa must be allowed to continue her virtual classes in Ohio and the Bary family must provide evidence proving their not illegal immigrants.
As long as those issues are handled, Rifqa will be sent back in Ohio and the custody case will be heard here in Franklin county.
Florida authorities also asked questions about where the money from a trust fund for Rifqa is going.
Bary had run away from her home inNew Albany because she said she was afraid her parents would kill her because of her Christian faith.
Her family is of Islamic faith but has said they would not harm her.
We will have the latest on this case onABC News at 5:00 and 6:00 pm.
Posted: Tuesday, October 13 2009, 04:36 PM EDT
WDBO Local News BREAKING NEWS: Rifqa Bary returning to
Ohio 2:00pm - People are arriving for hearing for teenage runaway who converted from Islam to Christianity and fled her Ohio home for the safety of some Orlando church leaders. Today, the judge here and one in Ohio will hold a conference call to discuss how to proceed. Rifa Bary wants to stay in Florida, fearing for her personal safety. Her parents deny her claims that she will be the victim of an honor killing for leaving her family's faith. They say he is welcome to practice the religion of her choosing under their roof.
2:38pm - Overflow courtroom is almost full of Rifqa's supporters. Some are wearing t-shirts bearing Bible scripture. A small group held a short prayer circle in the lobby beforehand. Attorneys are not yet seated. Hearing will a few minutes late, it appears.
2:43pm - Rifqa and her attorney have arrived in court. She is wearing a black and white dress and appears calm. She is smiling and making small talk with Christa Bartholomew, her guardian at litem, or
legal guardian assigned to this case. Her demeanor in the past has been much more subdued.2:47 pm - judge learns mediation between Rifqa and her parents did not reach an agreement between parties.
2:50 pm - Jurisdiction is being talked about now. The courts in Orange County and Franklin County, Ohio are connected via a conference call.
2:55 pm - Ohio juvenile court judge Elizabeth Gill said she is willing to take on the case. Ohio DCF said Rifqa would be placed in a foster home, not returned to her parents.
3:00 pm - Rifq'a attorney John Stemberger is objecting to the case being turned over to Ohio. However, her guardian ad litem said Ohio is the proper place. She wants Rifqa's move back to Ohio to be "transitional," including a psychological screening. Bartholomew said "it's vital to protect this child from any additional emotional harm."
3:03 pm - Bartholomew said the parents should be held in
contempt of court for not producing documents that show Rifqa is in the U.S. legally. The Bary family emigrated fromSri Lanka when she was much younger. "We don't need to move her just for the sake of moving her."3:05 pm - Attorney Shayan Elahi said the parents have provided all the documents they have.
3:06 pm - Judge Daniel Dawson said he is concerned that months into this matter, this issue has not yet been resolved. "They have been trying to hold my clients in contempt for months, argued Elahi, calling the GAO 'abrasive.' " Dawson said he doesn't care about the motives of the GAO, but wants the papers turned over to the court.
3:09 pm - Judge Dawson plans to enforce his order for the passport and related papers, even if the case is moved to Ohio.
3:10 pm - "We still don't have a complete copy of (Rifqa's) passport," said Bartholomew. "I am very alarmed that it hasn' been provided," she added. She said she has learned there are more documents being withheld.
3:18 pm - Attorneys are talking about arrangements for a psychological evaluation and counseling. She is to see a local psychologist on Friday morning.
3:21 pm - Elahi said he suspects "a ploy" by Rifqa's legal representatives to delay her moving back home to Franklin County, Ohio.
3:22 pm - Stemberger suggested that Ohio court be told about the local psychologist, to ease their concerns that she is getting the best of care.
3:23 pm - Judge Dawson asked Ohio officials if they can schedule her evaluation soon after her arrival there. They say it could be done within 30 days. Her parents would also undergo evaluations.
3:25 pm - A report could be delivered within a couple of weeks, they said.
3:27 pm - Rifqa has been looking down for most of the hearing, writing into a tablet. She is paying attention to the comments being made in court.
3:29 pm - Dawson: The court is going to agree with Ohio that they have jurisdiction. Florida retains emergency jurisdiction.
3:35 pm - DCF said Rifqa will be escorted back to Ohio and turned over to Franklin County Children's Servies.
3:36 pm - Stemberger said it's important that her legal status be settled quickly. He said her parents have threatened to have her sent back to Sri Lanka "where mercy killings are practiced."
3:37 pm - Attorney Roger Weedem, who represents Rifqa's mother here, said Ohio is capable of handling immigration issues.
3:38 pm - Judge Dawson said he still concerned about this issue. "The court would feel lot better if these documents were here, before it gives up jurisdiction."
3:39 pm - Bartholomew said Rifqa Bary runs the risk of deportation, if takes
public transportation anywhere in this country.3:40 pm - Elahi is getting argumentative with the judge who insists on getting the immigration paperwork. "You and your client didn't supply it. I want it before this child leaves Florida," said Dawson.
3:41 pm - Elahi is accusing Rifqa's attorney is "religious predatory practices" and might take her someplace into hiding.
3:42 pm - Dawson said it is the parents' fault for not getting the immigration documentation. He doesn't plan to release her until he sees it.
3:46 pm -
Ohio attorneys for Bary's parents are arguing for her quick transfer there. Ohio Judge Gill said she agreed with Judge Dawson that immigration papers need to be provided immediately, before the teen is sent back to Ohio.3:54 pm - Bartholomew said she has received copies of only two pages of Rifqa's mother's passport. She wants the entire document.
3:55 pm - Dawson said he is troubled that the parents seem not to know what the court demands.
3:57 pm - Dawson set an administrative hearing on October 23rd. He wants to know by then that the immigration papers have been supplied, as he ordered in each of the three hearings he had held for the teenager's status.
Judge Dawson ! Listen to me !Issue an Global arrest warrant against Rifka's "PARENTS & Co," NOW ! On grounds :-1 - Rifkas "Parents & Co." initiated this ' MACABRE COURT PROCEEDING ' in order to:-
- Hide the fact that their presents the US is illegal!
- Hide the fact that Violence, Degradation, Insult and much more were Rifka's daily bread in he past!
- The "Forces" involved, are driven by a Mafia code of honor ! (See "Don Corleone" ! )
- Parent, who allow their "beloved daughter" go this trough this HELL, should be put in front of a firing squad!
- And her little brother... What is his purpose in life today? And what if he says :- Sorry, "I'm a ' vegetarian ?"....
- More to come!
2 - The most basic rights:- To Live,To Exist, To think + 1000 other things which YOU CONSTITUTION WAS DESIGN TO PROTECT, are cynically violated minute by minute by elements whose sole "AGENDA" is to replace it with a "BETTER SYSTEM"... (1400 years old).3 - Your honor Judge Dawson, I was not present at your court yesterday or at any of your court sessions in the past.All I know that Rifka deserves Justice and above all OUR PROTECTION !With humble respect,The dust under your feet,Me.
Alex News
Oct 13, 2009
Rifqa Bary returning to Ohio
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