Cloak and dagger. The Islamists have been busy plotting and planning and filing docs in Ohio in secret, and springing it all on the court room today like a terrorist attack. Worse than a tacky Perry Mason episode, a document was faxed to Judge Dawson in Florida at the eleventh hour -- literally 3pm (the start time of today's hearing) -- announcing that all decisions and rulings in the Orlando court would be null and void, as now Ohio has jurisdiction.
Rifqa's parents' attorney, Shayan "Shaytan" Elahi, also said in court Monday that he filed a complaint with police. The Florida Department of Law Enforcement confirmed they received the complaint and it is under review. The nature of the complaint was not revealed. So the "loving" parents filed criminal charges against Rifqa in both Ohio and Florida. They are pursuing charges against the Christians who took Rifqa in and kept her safe after escaping the house from hell. The same tender, loving parents who released her personal diaries, letters and writings to CAIR and the anti-Rifqa media.
Meetings (hearings?) were being held concurrently in Ohio without the knowledge of anyone in Orlando. The judge in Ohio on the Rifqa Bary prosecution case is Judge Mason. Two petitions have now been filed in Ohio, the latter one delinquency -- David Colley is prosecuting attorney in Ohio. Further, a guardian ad litem has been appointed for Rifqa in Ohio. Judge, jury, executioner all in place.
The honor student, religious and righteous girl is an "unruly delinquent". Get it?
How low they will go .............
CAIR, Shayan Elahi, and Rifqa's parents, who did not attend the session in Orlando, are pursuing a legal strategy in Ohio of having Rifqa placed in foster care there by having their daughter declared "incorrigible".
Rifqa's guardian ad litem Krista Bartholomew stated "grave concerns" that should Rifqa be returned to Ohio the legal proceedings there would be swiftly discontinued, thus leaving her with no legal protection against her parents. (more here)
There are two ongoing cases regarding Rifqa Bary's dependency: one in Florida and the other in Ohio.
The parents of the 17-year-old filed a motion Monday for a dependency hearing seeking jurisdiction of the case to be moved from Orlando to Columbus, Ohio. An Ohio judge has set a hearing for Oct. 27. The parents' filing puts into question which state ultimately will have jurisdiction over the case. Right now Florida has an emergency temporary jurisdiction but the Orlando court judge said he wants to speak with an Ohio judge to determine who has jurisdiction.
Shaytan Elahi succeeded in getting Rifqa's last lifeline removed. The Lorenz children have been banned from seeing Rifqa.
Rifqa Bary will remain in Florida for at least three more weeks. More here.
The girl's parents have filed a dependency petition in courts in Columbus – the first hearing up there was Monday afternoon, too – and interstate agreements dictate that Orlando judge Daniel P. Dawson start a conversation with the judge on the case in Ohio.
"The only question," Dawson said in court, "is how long should my emergency jurisdiction stay open" – "if," he added, "this is a legitimate custody action in Ohio?
"I just need to talk to the judge up there," Dawson said.
Krista Bartholomew, Rifqa Bary's guardian ad litem, told the judge she had "grave concerns" that the dependency petition in Ohio would be dropped as soon as the girl got back to Ohio. She suggested it could be a "ploy."
"A ploy?" said Shayan Elahi, the Orlando attorney for Bary's father.
"Judge," Elahi said. "This is their daughter."
UPDATE: At the last hearing the judge wanted to see the Barys' immigration papers. Shaytan Elahi dismissed this request with a wave of the hand, insisting that he was new to the case, but that he would get them to the judge and Rifqa's attorneys in short order.
They are illegal and have been avoiding immigration law. The judge asked where the immigration docs were today, and of course, Shaytan did not have them. Time to file all kinds of nefarious actions against Rifqa, but no time to get documents on the Barys' illegal status?
Here are some key points as noted by Imtiaz, fellow apostate and Rifqa friend and supporter:
Immigration Paper Work: Still not presented. Elahi suggested that he had a hard time getting the documents when faxed or sent, because he wasn't by the fax (as what could be discerned as he mumbled). He then mentioned that Mr. Bary had it mailed and just has to be picked up, however Elahi didn't find time to pick it up. He committed to get it to them tomorrow at 5pm to all parties.
Council Representing Rifqa: Maxine (DCF) called for an Urgent Matter. And the council approached the Bench. Mr Elahi hanged back and barely even said a word. To my speculation it seemed like pressure may have been impressed upon the Maxine to address this Issue if Stemberger is a good representative for Rifqa. You must have heard some these points:
-Krista confirmed it is not for the GAL to have an opinion, however if there was any harm to the child by having a representative without her best interest in mind then she would voice her concern-in short she had none about John.
-Maxine confirmed that DCF simply didn't want to make an accusations or challenge John's integrity, but would simply to like the court to have it documented on How Stemberger Came on the case.
-John listed all attorneys of representation- Himself and a Kurt (Rafel or Rafelt sp?)
-Elahi had brought up the issue that to simply dismiss Stemberger's other agenda is not wise and there should be a HUGE concern on the court about this issue. Dawson Responded by encouraging that in these cases Lawyers may operate outside their scope, however the challenge with Elahi's accusations is that he speculate John meant the worse for Rifqa. And Dawson had confirmed that John was working Probono.
-issue seemed settle
Krista is going to get all parties a copy of the report from her office tomorrow by "close of business". The challenge with this report is that the transcript is done not in chronological order (ie a question is asked and instead of name listed before the answer it seems like its muddled together)
Delinquency Petition was revised and delivered to the Court Authorities last minute. The first one to the best of knowledge will be thrown out. The Judge was Late because he was receiving a Fax with more information about the petition amended in OH by some affilates.
The documents confused the court to figure out what they meant for quite a bit of time. They wondered what it was saying? who was represented? when it was happening? And the little bit that was solved was that they had a Meeting in a OH Courts with the Barys present, a staff attorney, prosecuting attorney (also later mentioned this could be the one for an OH council in 'support' of Rifqa) among other court authorities. The Barys were questioned on who was there and they gave brief to no details. Krista requested if there is a GAL that Elahi provide that. Elahi said he will get the details to them, but suggested that jurisdiction is in OH because there is an active court date. Dawson and all other authorities seemed shocked at this except the parents side.
They also confirmed that any OH GAL is not mentioned or were in contact with Rifqa-and Rifqa confirmed this
Dawson in references to this clarified that Jurisdicition cannot pass unless he speaks to the other Judge (Judge Mason).
Dawson went on to say that this report the way it was composed is like a criminal proceeding with out any criminal charges--which is void in FL, however they need an OH official to clarify terms who is familiar with OH terms.
Krista mentioned how the document had a date of about a week and they are not informed till now, may encourage that it is a Ploy to get Rifqa up there and FL loose jurisdiction and OH has the dependency petition revoked. So she wanted the terms of their petition to be transferrable with jurisdiction and irrevocable. Also mentioned that the other petition should be in concern for not having a Name Attached to it.
Elahi mentioned that he of course doesn't want his client dragged through the court by saying, "Ploy" however DAWSON mentioned, "be careful, I already mentioned a petition like this delinquency is void in FL" and suggested that it may not carry weight even in OH
Elahi finally gave names that one of the attorneys present were a David Colley
Mediation on 10/9
Pretrail Mediation set for 10/13 moved from September 29th
Elahi: Investigation on Lorenz's- Claimed that there is a criminal investigation
The other authorities whether Stemberger or Dawnson mentioned that its not stated int he FDLE report
And stemberger contested him to state that on record that their is a criminal investigation
Elahi confirmed then that he had opened a Police report securely and still tail ended it with a Criminal investigation
Dawson confirmed that all parties involved in the Lorenz residence while Rifqa was there cannot have any form of contact including email would be inappropriate IF there is a Criminal Investigation--which Elahi again promised to provide proof to the court and all authorities tomorrow
The decision is between Judge Dawson's conversation with Judge Mason. The file in OH is of course incompetent and Dawson informs the court that to imply concerns as Krist had with mentioning it might be a Ploy is within question. So if he communicates this with Judge Mason in great fashion with support from Gov. Crist complimented with DCF secretary George Sheldon would most likely be the necessary push to keep Rifqa Down here.