Geller's Personal Observations of the Rifqa Bary Hearing

 

The Florida Security Council set up a press conference before the hearing. Tom Trento, Jamal Jivanjee, Robert Spencer and I addressed the press. CAIR sent an agitator plant who was screaming names  ("pathological liar!") as soon as we tried to speak. I'll address that in a separate post.

CAIR, Noor, and the Islamic infrastructure were caught with their pants down at the first hearing. They assumed Rifqa would be sent back to Ohio because of jurisdiction. They are making up for lost time now. They have brought in the big guns.

The Hearing

Mark of the Florida Security Council via Spencer secreted a press pass to me to get inside the hearing. G-d bless him. I am in. Handwriting my notes - no blackberries, laptops, or recording devices. Judge Daniel Dawson presides over the honey colored oak courtroom and sits beneath the large letters: "equal justice under the law". What he doesn't understand is that this is a landmark case - shariah law vs. American rule of law and individual rights.

Rifqa Bary, wearing a white top with a brown cardigan over her shoulder, is tiny. She was dwarfed by the overwhelming number of adults in that courtroom, there to determine her fate. As tiny as she was, she towered over the courtroom. She wore a silver Christian cross dangling from her neck and clutched her Bible. She looked over the press corp searching for a friendly face and became happy and animated when she saw members of a young church group she obviously knew. I was overwhelmed when she recognized me, broke into a big smile, mouthed my name and waved to me. It was a moment I will never forget.

Rifqa's parents were not there today. Mohamed Bary's new attorney, Shayan Elahi, shows himself during the proceedings to be a rabid Islamist. He jumps up and down, back and forth across the courtroom like a caged panther. He glares at Rifqa. She does not meet his eye. While he did go to a "Christian" school in Pakistan (St. Pats High School, Karachi 1983-1987), he is not a Christian....in this 2005 opinion piece he clearly labels himself a Muslim American.

 Attorneys for Rifqa, her parents, FDLE, DCF and a media outlet are in the courtroom. Judge Dawson repeatedly requests mediation, asking why no date has been set. Judge Dawson presses attorneys to move forward on mediation and not wait for depositions. Mohamed Bary's attorney says mediation is pointless, futile, no reason for it. Judge differs, says even minor points can be worked out that don't have to take up the court's time.

Shayan Elahi rebukes mediation throughout the entire hearing, insisting there is "no room to maneuver".

The Orlando Sentinel petitions the court (!!) They want to be a party in the dependency case. I am stunned. The Orlando Sentinel, which single handedly has done everything in its diminishing  power to ruin Rifqa Bary and anyone tied to her case, wants special exception.

The judge takes up the request. The media outlet is responding to the judge's decision to seal an FDLE report on the claims made by the teenager. If they are a party, Atlas is going to file, too.

Judge refuses the Orlando Sentinel request. If he does it for them, he'll have 800 media outlets asking for the same [not to mention the blogs].

Dawson declares, "the media has no right to be a party". The Orlando Sentinel dares to be named a party. They are ghouls.

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 information 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."   

They 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.

Judge Daniel Dawson also decided to seal Florida authorities report on findings of Rifqa Bary's allegations that her parents in Ohio would kill her because she converted from Islam to Christianity.

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.

The Florida Law Enforcement Department conducted a lengthy interview with Bary and released a transcript to the lawyers.

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.

WDBO has this:

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

The problem with Rifqa's is that Rifqa did not have a lawyer or her guardian litem (Or anyone for that matter when the deposition was taken by the Florida Department of Law Enforcement). She asked for counsel but her request was dismissed.

In a gross attempt to have Stemberger removed from the case, Shayan Elahi is calling for an "attorney ad litem" in place of Stemberger. He badgers the judge.

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."

She doesn't need another attorney. It's the opposition's attempt to isolate Rifqa. Judge Dawson says no to an attorney ad litem. There is no need for an AAL. Rifqa's big sigh was heartbreaking.

He is taking up a gag order requested by the girl's guardian.

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.

Shayan Elahi goes off. He screams "the hypocrisy is clear": "right wing organizations" have been out there, promoting a political agenda. He has the audacity to whine that only Rifqa's story is being told. Uh, Elahi, meet the Orlando Sentinel, the Columbus Dispatch, Fox news, The NY times. He calls the judge's consideration of a gag order "ridiculous". He bullies. He stomps. He claims the Barys' name has been "dragged through the mud". 

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."

The attorney for Bary's mother, Roger Weeden, then breaks the gag order and declares that "there's nothing in this (FDLE) report that supports the girl's claim." Rifqa grabs the GAL's arm.

The Guardian ad Litem, Crista Bartholomew, says, "I can't believe you just said that". She demands that it be stricken from the record. His statement violates the judge's order not to release anything about the report for at least 10 days.

Judge Dawson quietly responds, "The state's concern is for the safety of the child". Based on media attention, Dawson says no one side has gotten the "best coverage". But the more media attention, "the less safe the child will be".

Shayan Elahi says the Barys are being denied their rights. He says that English is their second language and they must be able to have their lawyer (him) speak for them. Dawson says it is not the court's responsibility to provide the Barys with an English translator for their media interviews.

Elahi slanders the GAL (Guardian ad litem), saying she is working in cahoots with Stemberger. Bartholomew (GAL) insists she is not. "The state's concern is for the safety of the child. My take is what is in the best interest of the child". This is not a holy war. 

Elahi continues aggressively. He demands that Rifqa's visit with the Lorenzos [sic - he doesn't even know their names] stop. He insists that Rifqa's best friend Jamal Jivanee be banned. Rifqa starts crying. The DCF are the final word on who can see Rifqa. They agree that the Lorenzes will not visit but their three children can, as they are close to Rifqa in age and she is so fond of them and they of her.

Next issue was Rifqa's immigration status. Apparently Shayan Elahi did not provide the court requested papers (passport etc) for Rifqa. Rifqa came here on her mother's visa - the documentation of which expired in 2005. Rifqa is in the country illegally and so is the family. The judge wants this addressed quickly so that Rifqa's "continued presence [is] in the US". Shayan Elahi has 10 days to present the family's immigration documentation.

The judge wants dates for mediation. He again re-affirmed that both parties need to have a mediation to see if they could agree on any issue and to expedite moving forward in an orderly fashion. Elahi once again says it's a waste of time. Judge Dawson's experience in these matters have shown just the opposite and he is becoming concerned that he is "not getting cooperation". Elahi backs off.

Shayan Elahi will be reopening jurisdiction. He threatens to file a motion calling Rifqa "an unruly delinquent" if there is no proof of abuse or danger.

There is talk of counseling for Rifqa and the family. Shayan Elahi wants it in Ohio. Stemberger wants some input on the psychologist's philosophy. The Judge says absolutely not. Perhaps the guardian ad litem should have some say. An anonymous source tells me that the one session Rifqa had with a counselor was a Muslim who spent a good portion of the session proselytizing Islam.

Nuts.

UPDATE: Thanks to Dee

St. Petersburg Times at TampaBay.com 9/1 article by Michael Kruse:

Shayan Elahi, the new Orlando pro bono attorney for Mohamed Bary. "Religious bigotry," he said, "is unacceptable and un-American." Roger Weeden, the new Orlando pro bono attorney for Aysha Bary, called the memo hearsay and totally inadmissible, and said it was "designed to inflame passions and generate fear without any relevance towards resolving the issues." Noor Center director Hany Saqr. . .denied all the allegations in the memo, according to the Associated Press. "Based on our religion, we think that there's no compulsion to religion. So Barys don't have to pay legal fees after all? And there's no compulsion in their religion as that would be unAmerican, and the mosque is not relevant.

Comments

[JewishOdysseus]

Pam, take it from an attorney who has spent thousands of hours inside Florida courtrooms:

Florida judges do NOT like attorney theatrics.

Florida judges REALLY do not like attorney theatrics from out-of-towners.

Florida judges REALLY, REALLY do not like attorney theatrics from out-of-towners who clearly do not understand Florida law, or who disses the Judge by telling him routine mediation "will be a waste of time."

The learned counsel Shayan STRUCK OUT big time, heheh.

Ohhh, and Dependency Judges ALWAYS respect the GAL, it was COMPLETELY IDIOTIC of Shayan to attack Ms Bartholomew. Heheh.

It's like watching the Arab armies "fight" in the 6-Day War or Desert Storm...You can take the boy out of Arabia, but you can't take Arabia out of the boy, heheh.

Rifqa will win. Mark my words.

[Jane]

Pam - an excellent report - journalism at its best! Long ago Atlas stopped being a blog - this is a solid news source.

JewishOdysseus - Having worked in the Judicial system in Canada - there is truth to what you are saying. Judges don't like such behavior from counsel. My only concern is that this case is such a political hot potato, that the Judge will be forced to ignore that inappropriate behavior, and bend over backwards for Islam. Time will tell.

I believe Rifqa is in very good hands in terms of counsel, and other support. It really bothers me who they have chosen as her psychologist. Why are they allowing her psychologist to shove Islam down her throat, when she has already made it clear she is Christian? She is entitled to a Christian psychologist. G-d knows what was said, and what kind of pressure the psychologist put on Rifqa during the session. Perhaps it's being done deliberately to determine whether or not she has actually converted - but it stinks.

These bastards will do everything in their power to discredit, upset, and harass this young girl. The lawyer's glares at her were mind games to deliberately frighten and mess with her head. Her lawyer should publicly humiliate him the next time he pulls this stunt, and request the Judge to order Shayan to stop intimidating Rifqa with his glares.

[jayeeegee]

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.

[ParahSalin]

Sorry for double posting this, but the YouTube video of Rifqa's first media interview has been removed due to a copyright claim by WFTV-TV.

http://www.youtube.com/watch?v=B0P5IaIE_LI

Orwellian much?

[dented]

Rifqa could quit school and get a full time job

I and I am sure many others will be a little concerned at the thought of Rifqa, at this early stage and being so much in the public eye, at the thought of her in full time employment, unguarded and unprotected. Not for one moment do I believe she will be safe.

[dented]

Great bit of journalism there Pam ;-)

[Pamela Geller]

Thanks- I love you guys.

I will ger Rifqa's video back up again. It will have to be a new account. They'll take it down, I'll put it up.

Period

[JewishOdysseus]

Sorry, folks, but Rifqa may NOT be emancipated under Florida law--it requires [gulp]...THE PERMISSION OF HER PARENTS!

Here is the law, Ch 743: http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=Ch0743/ch0743.htm

My "doomsday plan" wd be, if the Court orders her back: Slap/hit/grab the bailiff in Court--"assault on a law enforcement officer," a 3d degree felony...
Rifqa is then A CRIMINAL DEFENDANT, the criminal court wd have the authority to KEEP HER IN FLORIDA while the case drags on...8...10...11 months...till she is 18...then use a "necessity defense," CASE DISMISSED, the birds are chirping, the sun is shining and we are dancing in the streets!

Heheh.

[Jerry Jonah]

Pam, Baby, what can be said.
Alot of people have helped but you're behind the whole thing.

G-d bless you again,
Jerome Jonah "Jerry" Stern

[dented]

I am quite shocked at the behaviour of Shayan towards Judge Dawson. He sounds a hot headed motor-mouth (nearly tempted to embellish, but will keep it zipped).
I was under the impression that one had to show respect, especially towards a Judge, and if not, they were reprimanded (thats how it happens in the films lol).

[dented]

Nosing around as usual, this is weird:

Learn to Communicate with the Media
Saturday Nov 01, 2008
http://www.noorohio.org/Detail.aspx?ID=b20726b8-9f57-4d91-835e-43b4f7c1fe41

NICC invites you to attend to a workshop on Saturday Nov 15 2008 to
"Learn to Effectively Communicate with the Media"

Time: 10:00am - 4:00pm
Place: NICC, 5001 Wilcox Rd, Dublin Ohio 43016
Ph: 614 527 777

The purpose of the workshop is to train and motivate all community members to effectively communicate with the print/broadcast media as well as community at large to voice the concerns of Muslim Community.

Speakers:

1. Dr. Asma Mobin-Uddin, President of CAIR-Ohio

2. Mike Curtin, Associate Publisher Emeritus of The Columbus Dispatch

3. Mark Fisher, Editor at The Columbus Dispatch

4. Fred Andrle, Host of WOSU Radio Talk Program (Open-line with Fred Anderle, weekdays, 10am - 12 Noon and 7pm - 9 pm)

(they wouldn't have any problems communicating with Orlando Satanic, as they speak the same language):

[JewishOdysseus]

O...M...G...NEWSFLASH...

People, you will never guess from where this jihadi attorney, Shayan Elahi, got his law degree, not in a million years...From the Florida Bar website:

"Benjamin N. Cardozo School of Law, Yeshiva University."

You read it here first.

[dented]

I had that already in my dossier LOL...I didn't know where the Yeshiva Uni was tho, being in the UK. Where is it? I did wonder about Pakistan??? close??? lol

[dented]

Btw, you prob already are aware JO, there are two Shayans on the web, one was born in 1989 and located in Kashmir.

[dented]

Ooops! It has just clicked about the Uni.

[dented]

Shayan signed this petition:

http://www.gopetition.com/petitions/we-oppose-emergency-in-pakistan/signatures-page419.html

[dented]

"The two and a half weeks that Rifqa was missing were a living hell for the parents," said Shayan Elahi, an Orlando lawyer serving as the spokesman for Mohamad and Aysha Bary. "Was she dead? Was she alive? The Lorenzes, under the statute, had the obligation to go to the authorities and they did not. They didn't follow the law."

http://www.ministrytodaymag.com/index.php/ministry-news/65-news-main/18622-were-pastors-wrong-for-sheltering-teen

!!!!!!

[Pamela Geller]

They are lying. They did not report her missing for 2 weeks. They knew where she was.

[dented]

Yeah, I know they are lying.

[dented]

I wonder...

No. 11 down

http://209.85.229.132/search?q=cache:L1EnTZknCIAJ:gsdc.lges.edu.pk/students/X1E3.htm+%22Shayan+Elahi%22&cd=40&hl=en&ct=clnk&gl=uk

and then the google on the sqn ldr

http://www.google.co.uk/search?sourceid=navclient&hl=en-GB&ie=UTF-8&rlz=1T4ACAW_enGB319GB319&q=Sqn+Ldr+%28R%29+Muhammad+Irfan+Elahi

[dented]

Off to bed for a few hours kip @ 7.30am lol

Thanks again Pam and Robert

[sheik yer'mami]

"Religious bigotry," he said, "is unacceptable and un-American." - LOL!

It always cracks me up when Muselmaniacs teach us what's "unacceptable, un-American or un-Australian", just like when they tell us that suicide bombing is un-Islamic, honor-killings are un-Islamic, FGM is un-Islamic, terrorism is un-Islamic etc etc.

Sometimes they tell you that even Islam is un-Islamic.

These creatures lie so much they can't even lie straight in bed.

[Jane]

Good one Sheik - "These creatures lie so much they can't even lie straight in bed." I'll be chuckling about that one for a while. I do enjoy your humor.

[crusader stonghold]

Rifqa is in the country illegally and so is the family
I WOUNDER IF SHE RAN TO CANADA AND CLAIMED REUGEE STATUS IF SHE WOULD BE SAFE HERE

[crusader stonghold]

"Benjamin N. Cardozo School of Law, Yeshiva University.
is in

lower Fifth Avenue in New York City’s Greenwich Village,
that must be were Shayan Elahi,learned lieing so well or does it come naturally to a ambulance chaser??

[sheik yer'mami]

"Benjamin N. Cardozo School of Law, Yeshiva University."

Shocker! You can always blame da Jooooozzz.....

[FalconEye]

Excellent report pam.

I have to be honest though, I don't know how to feel about her being an illegal - I know its not her fault - but I always felt we shoudl deport ALL illegals.

[Dagny Taggart]

I was going to ask why she doesn't file for emancipated minor status, but if the family is here illegally, that's a moot point.

[sheik yer booty]

Imagine how the left & the MSM would spin the story if instead of a Christian convert minor fleeing her devout muslim parents who are quite possibly plotting her demise to cleanse their honor, Rifqa were a pregnant 17-year old who ran away from her loving, but disappointed devout Christian parents and sought refuge w/ planned parenthood. Is there any doubt that the left & the MSM would side w/ the girl & against the parents, even though the Christian parents would pose no threat to their daughter, other than their likely attempt to persuade her to do the Chrisian thing w/r/t the fetus?

[dented]

These creatures lie so much they can't even lie straight in bed.

That was so funny to read. LOL

[mcnorman.wordpress.com]

Thank you, thank you for keeping this story alive.

[Rocky]

I seriously doubt that the State of Florida will rule in favor of this girl because I believe they will be afraid of the backlash if they do. That's a very sad statement about our legal system but everyone else runs for cover when the "M" word comes up and I can't imagine they would do otherwise.

[Sarastro]

Shakespeare said "There's nothing good or bad but thinking makes it so." Everything depends on how Judge Dawson thinks, how he interprets the law and if he has the courage to protect this girl against the onslaughts of the fierce opponents. Everything in life in the last analysis depends on the individual. In this case, it depends upon the character and the mettle of this judge. Let him be as wise as Solomon, and judge according to merits and actualities and not so much to the letter of the law. Everything can be seen SO or SO, it depends on whose eyes are looking and what they want to see. This judge would be so blessed if he blesses, if he awards courage and innocence with his strong unshakable conviction, not mincing but mighty. We must send him our fervent prayers.