WDBO Local News

LIVE BLOG: Rifqa Bary hearing

By
Joe Ruble
@ September 3, 2009 8:00 PM
Permalink | Comments (25)
WDBO listeners weigh in. Scroll down to read/post comments

3:03 pm: Rifqa and her attorneys arrive. Her parents are not present. They are likely back in Ohio. PHOTOS

An overflow crowd is watching the proceedings in another courtroom via a video feed.

Attorneys for Rifqa, her parents, FDLE, DCF and a media outlet are in the courtroom.

An FDLE investigation report into this case was sealed today by the judge and the media will argue for its release. An FDLE attorney wants to know what is to happend to the report, which has not been released to either party.

3:15pm - Judge Dawson has entered the room. The parents are joining the hearing via speakerphone.

The judge requested if a date for mediation has been set. It has not, pending depositions in the case. Judge Dawson is pressing attorneys to move forward on mediation and not wait for depositions.

The judge is taking up the request of the Orlando Sentinel to be a party to the dependency case. The media outlet is responding to the judge's decision to seal an FDLE report on the claims made by the teenager.

Rifqa ran away from her Ohio home after she converted to Christianity from Islam and felt threatened by her father. The 17 year old is in foster care in Orange County.

FDLE wants the seal order clarified, since both parties have not seen it.

The attorney for Bary's father says "there is a need for imformation out there" and requests the judge allow the media more access to the family court's documents.

Her attorney argues against it, saying this is a "private matter."   

The judge denied the Sentinel's request to be notified of proceedings in this matter. He did not curtail each party's right to talk publicly about the case, including the release of documents filed in this case.

Rifqa's attorney, John Stemberger, said he prefers the court see the FDLE report, just completed today, and choose whether to release it to the parties. However, the judge said legal documentation usually works the opposite way with the parties getting it first.

DCF requests each party receive the FDLE report, but the contents not be allowed to be leaked to anyone else.

Judge Dawson ordered the report released to the parties and has given them 10 days to say why they would want to release it or keep it from others. After that, the documents would be made available under the normal restrictions of juvenile court.

A video tape of FDLE's questionng of Rifqa is part of the report.

Copies of the report are being handed out to the lawyers.

The judge is moving on to the arraignment portion of this hearing. Both parents deny their daughter's allegations. He will set a pre-trial hearing.

Attorney Stemberger is requesting the parents at the mediation, which would take place in Orlando. The judge said he would require their presence by phone, if they cannot afford to travel from Ohio.

After a meeting at the bench, the judge said "We have plenty of attorneys in this case, I'm not sure adding more would assist this."

However, he said, if Rifqa needs more attorneys, then he might allow it at a later time.

He is taking up a gag order requested by the girl's legal guadian, or ad litem..

The attorney for the Sentinel is being allowed to address the request. He is telling the court that gag orders are usually approved in jury trials. In this case, there is no jury and the judge will make the decision on Rifqa's request.

The gag order would not restrict the media from the court, but would limit what the parties can say about this case.

A DCF attorney says she is getting calls from children who are distraught about the media's coverage.

"There are adults who are parading this about the media," she said.

"This is absolutely causing problems in this case," she added.

Rifqa's attorney said the girl "wants my story to be told."

Shayan Elahi, the attorney for Mr. Bary, said the "hypocrisy is clear."

He said Stemberger is calling news conferences to make claims against the family, but now wants a gag order that would keep the parents from defending themselves.

"Where is his (Bary's) right to stand up and say "look not at my religion but look at how I raise my family?'"

"If you agree with this gag order, you are saying the other party cannot have their story told."

Roger Weedem, attorney for Bary's mother, added that "there's nothing in this (FDLE) report that supports the girl's claim."

At that point, the attorney for DCF cried out and objected that Weedem's comment in court violates the judge's temporary order not to say anything about the report for at least 10 days.

The attorneys were immediately called to the bench.

Back at their seats, the attorneys continue to argue their cases.

The judge concluded the hearing by reminding the attorneys they were under a gag order, to meet in mediation and to get the proper documents so he can determine if Rifqa is in the country legally. Her family moved to the U.S. from Sri Lanka when she was a child.

 



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What others are saying

  • All the comments by people who are completely ignorant of what the Quran, Ahadith, Sirat, and Islam in general actually teach is very unfortunate but typical. Islam requires the death penalty for apostates. This is not in dispute by any of the schools of Islamic jurisprudence. Islam does not respect national borders. According to Islam, Shariah is the only legitimate law for the whole earth. The daughter of a Muslim that actually believes in his/her religion is ABSOLUTELY at risk of death for apostasty. Observant Muslims condone the killing of apostates. They do it all over the world. Wake up and stop being "usefull idiots". Islamism has arrived in the West.
  • Ludicrous John,
    I consider myself a conservative "right-winger" and I don't buy this girl's bs either.
    Leaning right, I see the constitutional right's violations in this situation.
    The family court judge is making decisions contrary to the facts and a police investigation.
  • Outrageous
    This kid is lying through her teeth. The cult in Ohio that converted her to Christianity to begin with has ties with Lorez's church. Funny how she ended up in one of only two states that permit removing children based on a 'threat of harm'. There is no evidence to support her claims and her 'coaches' should be prosecuted for kidnapping and custodial interference. They had no right to hide this child form her family for two weeks. Had any type of accident occured for this child while she was with these right-wing fanatics they would be culpable in any injuries she received because the last time I checked you cannot get treatment as a juvenile without parental consent. Florida needs to put her on the first thing smoking back to Ohio and let then handle their own problems.
  • Outrageous
  • Rifqa
    It's too bad that anti-christians have made this an issue of muslim bashing. The real issue is the protection of a woman who has claimed to fear for her life. She must be favored over her parents due to the seriousness of the claim.
  • Rifqa
    I am an avid parental rights advocate. I fight every day for families victimized by CPS. They're a corrupt, out of control agency. However, sometimes they do their jobs. This child is almost an adult. She is afraid to go home. You have to err on the side of caution here and allow this girl to stay out of their home. She knows more about the family dynamic than CPS, the court, the attorneys or anyone else for that matter. She has the right to choose where she wants to live and if it's not with her parents, they're going to just have to deal with it and maybe exam their own lives to see where they failed her. Don't you fail her too!
  • LEGAL EMANCIPATION
    In a recent poll in Pakastan, 70% feel an apostate from Islam should be murdered. I'm sure in this country, less Muslims feel this way, but the problem is determining which American Muslims agree with this Koranic law. I have a feeling that the Florida judge is ultimately not going make a determination and, if mediation fails, will give jurisdiction back to Ohio if he can.

    If this were the case, Rifqa should consider legal emancipation. There are 3 conditions under which a child under 18 can seek legal emancipation: legal marriage, demonstrated financial independence, or military service. If all else fails, Rifqa could quit school and get a full time job (while completing her G.E.D). I'm sure there are loads of folks in Florida who would offer Rifqa a full time job and help her get settled and watch over her until she turns 18. Legal emancipation sure beats going back to Sri Lanka.
  • In Jesus' name
    I and my friends are praying for you! Be strong, Rifqa! I know that if you truly trust God through this, you will be safe-whether it's here or in eternity. I found twenty references in the Bible about not being afraid!(: That's saying something. Rifqa, if you read this, look up Hebrews 10 and 11. (: In prayer, you're sibling in Christ.
  • Rifqa Bary's plight
    May God bless Rifqa and those helping her abundantly and surround her with His angels. I'm hoping and praying that you are allowed to stay in Florida as long as you want to Rifqa! There are many people who believe that you know what you speak about and want you to stay here where you are safe.
    To all those others who think that Rifqua's life isn't in danger - go see or rent the video of "The stoning of
    Soraya M." - a true story of what happened recently to a woman in Iran and how her story had to be smuggled out of Iran before people knew about it.
  • Prayers for Rifqa
    Rifqa, please stay strong. There are people here in the U.S. who just do not understand and can not fathom that someone might want to kill you for your religious beliefs. They are too concerned with sounding unoffensive to accept what is going on. We are so sheltered and so fortunate in the U.S. to be able to argue whether we should say the word "God" in the Pledge of Allegience while Christians are often subject to death in Islamic Countries or professing their faith in Christ.


    It is not bashing to point out that the Honor Killing of Apostates is common and accepted practice in the Islamic world. If you do not like your faith looked upon in such light then change it. Christianity had the Reform and Reformation and Vatican II Council for a reason. It's time that Islam does, too. Instead of white washing Islam and pretending that it does not advocate apostacy and suicide killings, then really take a look at your teachings and reform it.

    And Bungo -- there is no need for name calling. Your opinion will sound much more credible without it.
  • There's more going on here...
    Whether or not the accusations are true, Rifka deserves the same protections as any child who claims to be in fear of their parents.

    According to documents available on the internet, Rifqa's father closed his successful jewelery business recently. The proceeds, over $2.5 million, would certainly make it easier to leave the country. It is possible that Rifka fears being forced by her parents to go to Sri Lanka, where she would be vulnerable, and without recourse. She should be able to remain here, is that is her wish.

    Rifqa will be an adult very soon. Let her choose, and be responsible for her choice.
  • My People
    What part of "there's nothing in this (FDLE) report" don't you understand?
  • "there's nothing in this (FDLE) report that supports the girl's claim."

    What more has to be said? Send the girl back to her parents then investigate how she got to Florida and why it took the "church" two weeks before informing authorities of the girl's location.
  • Idiots, all of you
    I swear you are all retarded. This girl ran away from home because she wanted to stay out late. Then she started bashing 1.5 billion Muslims in the entire world because she's mad that Mommy and Daddy won't let her run around alone late at night. Retarded American Evangelicals smelled Muslim blood and glocked around this girl like hyenas. All while, Christian Evangelicals ravage U.S. laws by harboring a runaway and no mention of prosecution against them is in sight. You are all would be the death of this country. May God save this great nation from you all!!!!
  • Muhammad said it himself
    http://www.usc.edu/dept/MSA/fundamentals/hadithsunnah/bukhari/084.sbt.html#009.084.057

    "If anyone changes his religion, kill him."

    Can't blame Rifqa for preferring Jesus to Muhammad.
  • Praying
    God bless you Rifqa, praying for your safety.
  • Rifqa
    Good luck Rifqa from the UK. xxxxx
  • Indoctrinated Runaway
    Rifqa if you knew anything about your birth faith, you would know it is a loving and peaceful faith. Just look at the hating people such as Robert Spencer and Tom Trento that are helping you hate your parents. Shame on them.
  • Rifqa is right
    I believe Rifqa and not her parents who did not even have enough concern for the child to continue with this mess instead of negotiating with her. She is fighting for her life they are fighting for their Muslim "honor"
  • Ludicrous John Stemberger
    This case is so faulty, and filled with such venom from the lawyer of Rifqa and individuals such as Blake Lorenz who have brainwashed and manipulated her into saying terrible things about a family that from all we know is gentle and loving. Shame on the Christian-Zionist Right-wing.
  • Rifqa
    Please don't speak against God or His people for there is great punishment ahead of you. God is love and He will protect this young girl. How dare you speak against God for you will bow your knee before him one day
  • prays
    hang in there girl Jesus is with you and so are we have faith and you will get thru this. God Bless
  • Fifqa, May God protect you----Dear Girl!
  • Fundamentalist Christians
    May God help the ignorant people who have indoctrinated this child to hate her family and the faith of her birth.
  • Thousands are praying for you
    Rifqa,

    Thousands around the world are praying for you to be kept safe and for God to be glorified through your efforts.
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