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August 22, 2009

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JewishOdysseus

Ohhhhh, Mr. Jay, it is as if you were sitting next to me in the Orange County Juvenile Courtroom, mahbruthaaaaahhhh...Very impressive!

Those were exactly the issues raised in the hearing, and that is how those issues were discussed.

Judge Dawson specifically noted that there is no other court proceeding in Ohio, therefore there is no question of competing jurisdictions. And he specifically explained that, should a proceeding arise in OH, then he and the OH court wd review the cases to determine the appropriate venue.

One unique factor: the Judge and the DCF both raised the potential danger to Rifqa "from the community" as a relevant issue. It is difficult to imagine how such a danger can be mitigated in any period of time. I can't believe that the planned FDLE investigation will downplay that hideous and credible threat.

I hope you are right as to the unlikelihood of the parents to press the issue in OH. But something tells me the morally corrupt Islamist attorneys hired by the mosque will prevail upon them to follow thru.

You were spot on about transferring Rifqa's custody to OH social services, not to the parents, Aysha's attorney (McCarthy) specifically alleged this...However, he was harpooned by the GAL atty (Bartholomew), who pointed out that, under OH law, even if she was transferred to the state there, her parents cd at any time RETRIEVE HER FROM THE STATE, effectively rendering such protection meaningless.

BTW, one little idea kept running thru my head...Say the tide turns...Judge makes a ruling to return her to Ohio...All over the courtroom are those solemn bailiffs...Perhaps Rifqa may take a strategic swing/slap at one of them, to provoke a felony batt leo charge? She is easily old enough to be charged as an adult in FL, and no criminal judge wd allow her reasonable bond or pre-trial release without a condition that SHE REMAIN IN THE COUNTY...Very few of these felony charges resolve in less than 8 months, many go on for more than a year, heheheh...And then Rifqa winds up with the most credible/sympathetic "necessity/duress" defense in US history, NOT GUILTY!!

And she's just 18 years old.

john jay

phil:

thank you for these very kind words.

and, for the observations. you know, juvenile court doctrine in washington state says once you go into adult superior (felony) court, you are no longer treated as a juvenile. (no constitutional right to be a juvenile in juvenile court, it is a legislative court, e.g., created by the legislature and not the constitution, and what the legislature gives, in terms of various immunities from adult punishments, it can take away: zip zap, just like that.) (sorta odd, since juvenile court jurisdiction comprehends felonies, for which a child may be put into adult prison in washington state, if the department of corrections decides through a contested hearing process before administrative court judges who work for d.o.c. -- sorta cozy, eh? -- that the subject child is just too damned dangerous to be kept with other juvi's.)

but, who said it had to make sense?

i sorta felt that it had to have followed the scenario i supposed, based on a lot of time spent in juvenile hall, in both criminal and dependency settings.

by the way, from the pictures i have seen, it was no mean feat getting into that courtroom for the hearing. you know, i have sat through and participated in literally 1,000's of those kinds of hearing in juvenile hall, but i expect that even i would have been pretty damned juiced watching this one.

sounds to me that the judge preformed splendidly, and sounds to me that rifqa's court appointed attorneys are no dullards: they appear to be very comfortable in juvenile hall. different little world. the emphasis is upon remediation in almost all juvi settings, and not punishment: the emphasis is to protect the kids. you know, some of the people who toil in the less glamorous vineyards are pretty capable attorneys, and know the law pretty damned well. always fun to watch a big shot outsider, some who know bupkis about juvenile law, come into the cozy little confines of a different world, and try and feel himself around to try and find the right meter, the right vocabulary and the right manner to communicate in a specialized area of the law like that. they can kinda step on they tallywhackers sometimes, you know what i mean?

but, thank you very much for your comment. it is most appreciated, and most gratifying. i appreciate it very much, phil.

john

p.s. and, it will be very, very, very interesting to see if her parents pursue a dependency in ohio. i expect that they will not.

i expect that the mosque and c.a.i.r. are pressing them very hard to file. the mosque to get their hands on rifqa, ... , c.a.i.r. to politicize things as much as possible.

but mom & dad have their little chicken necks on the line in ohio.

it is a consideration. laughing.

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