After sealing findings of a state investigation into Fathima Rifqa Bary, Circuit Judge Daniel Dawson on Thursday decided to keep the 17-year-old girl in Florida while putting the case into mediation
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Amy L. Edwards and Rene Stutzman
Sentinel Staff Writers
7:22 p.m. EDT, September 3, 2009
For now, Fathima Rifqa Bary is staying in Florida.
That was just one of the decisions to come from an Orange County juvenile courtroom Thursday afternoon, where lawyers argued about everything from public records to whom is allowed to visit Rifqa.
Rifqa, 17, ran away from her Ohio home in mid-July and fled to Orlando out of fear that her Muslim family would harm or kill her.
The Florida Department of Law Enforcement was tasked with investigating the alleged threats, but what the state agency found will remain under a court-ordered seal.
But a brief courtroom statement from Roger Weeden, the lawyer representing Rifqa's mother, gives some insight. He said there was "a favorable report from FDLE" that says there's no threat to Rifqa, should she be returned to her home.
Before he could finish, however, Weeden was cut off by Rifqa's appointed Guardian Ad Litem, Krista Bartholomew, who reminded the court that the document was under seal.
Bartholomew said Rifqa was questioned recently by FDLE investigators with no attorneys present.
"We did get frantic phone calls that evening from the child," she said. "We have some ongoing concerns."
A tape of Rifqa's FDLE interview is also to be sealed for at least 10 days, Dawson said.
Mohamed Bary has denied making any threats against his daughter, and Ohio authorities have already concluded it is safe for her to return.
Rifqa's parents, each represented by a local attorney, phoned in to today's hearing. Rifqa said little during the proceedings.
The scene outside the courthouse was chaotic before and after the hearing, with supporters on both sides of the sensitive issue shouting at one another.
More than a half-dozen local and national news crews were joined by a gaggle of amateur videographers. Two small courtrooms (one was reserved for overflow and had a live TV feed of the proceedings) were full of reporters and spectators.
During the proceedings, Circuit Court Judge Daniel Dawson also put a gag order on attorneys involved in the case.
Bartholomew, the Guardian Ad Litem, and the Department of Children and Families requested the gag, which prevents the lawyers from talking about the case. Bartholomew said Rifqa has been distraught over things that have been reported in the media.
Shayan Elahi, a local attorney representing Rifqa's father, said the gag order was only requested after attacks have been made against Rifqa's parents. He said it will have a "chilling effect" on the First Amendment rights of people.
Elahi told Dawson if he grants the gag request, the judge would be saying, "It's OK for people to use the media to their benefit and after that, the other party basically cannot have their story told."
Bary ran away from home in mid-July, hopping a Greyhound bus from Columbus, Ohio, bound for Orlando and the home of pastors Blake and Beverly Lorenz.
Rifqa stayed with the Lorenzes for more than two weeks before police and DCF got involved in her case. Since Aug. 10, Rifqa has been staying with a foster family, fighting for the right to stay here and away from Ohio.
Dawson told the lawyers they needed to enter mediation.
After the hearing, John K. Cooper, director of the Central Region for DCF, said that mediation will allow the parties to look at several issues. There are "very complicated issues at hand," he said.
"It's going to take a lot of work to get this family back together," he said.
The lawyers also discussed who is allowed to visit Rifqa. Dawson said he will allow the three young adult children of Blake and Beverly Lorenz to visit with Rifqa.
Elahi protested. He said Mohamed Bary has a say about who visits his daughter.
"That's my client's child," he said. "Let common sense prevail."
Blake and Beverly Lorenz, who have served in the ministry in Central Florida for more than 25 years, allowed Rifqa to live with them for more than two weeks. They now pastor Global Revolution Church, but spent more than 15 years at Pine Castle United Methodist Church.
On Aug. 7, an Orlando police officer, responding to a request from Ohio authorities, was dispatched to the Lorenz's home. He picked Rifqa up, and she was eventually placed in DCF custody. The state agency placed Rifqa in a foster home, where she's remained since.
On Aug. 21, an Orange County judge ordered the Florida Department of Law Enforcement to investigate the alleged threats against Rifqa.
In Columbus, Franklin County Prosecuting Attorney Ron O'Brien wrote a letter Wednesday, saying law enforcement officials there are capable of protecting children and will take action to protect Rifqa, if necessary.
This afternoon, Dawson said the next hearing date in Rifqa's case for Sept. 29.
Source: http://www.orlandosentinel.com/news/local/breakingnews/orl-fathima-rifqa-bary-update-090309,0,4434694.story
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