by Amy L. Edwards and Sarah Lundy, Orlando Sentinel, September 21, 2009
The legal battle over teen runaway Fathima Rifqa Bary will continue Tuesday in an Ohio courtroom after an Orlando hearing Monday brought more questions than resolutions.
Orange Circuit Judge Daniel Dawson did nothing to change the custody of the 17-year-old who is living with a foster family near Orlando and said he planned to talk to an Ohio judge to find out if there is a legitimate custody action in that state.
If so, Dawson would need to determine if and how long Florida’s emergency jurisdiction should remain.
Meanwhile, Rifqa’s father stepped up a strategy to bring his daughter back to Ohio. Mohamed Bary filed a criminal complaint against the Orlando pastors who helped shelter Rifqa for more than two weeks before the state intervened.
Lawyer Shayan Elahi told the Orange County court that Rifqa’s parents, Mohamed and Aysha Bary filed a complaint about Blake and Beverly Lorenz with law enforcement officials.
A letter sent to Orlando police by Mohamed Bary claimed Rifqa was “indoctrinated and coerced” by representatives of Global Revolution Church and “was hidden” by the Lorenzes. Orlando police said they are not investigating.
An FDLE spokeswoman confirmed the agency received a complaint against the Lorenzes, but she could not comment further.
Rifqa made national headlines when she ran away from her home near Columbus, Ohio, took a bus to Central Florida and sought shelter with the Lorenzes in July. She spent more than two weeks with the family until Aug. 10 when she was placed into state foster care, where she remains.
The teen said she feared her Muslim family would harm or kill her because of her conversion to Christianity.
Rifqa’s family has denied any wrongdoing, and investigators in Ohio and Florida have not found evidence supporting Rifqa’s claims.
The pastors, who have served in the ministry in Central Florida for more than 25 years, met Rifqa through a prayer group on the Internet social networking site Facebook.
A Florida statute makes it unlawful to shelter an unmarried minor for more than 24 hours without the consent of their parent or guardian, or without notifying a law-enforcement officer of the child’s name. A violation of that law is a misdemeanor.
Mat Staver, the Lorenzes lawyer and longtime friend, said there is “no solid basis for the complaint” filed against them.
He said the Lorenzes did what any person would do given the circumstances. Staver said the Lorenzes took multiple steps to notify authorities.
The Lorenzes were questioned as part of FDLE’s earlier inquiry into the alleged threats made against Rifqa by her family, Staver said. They have not been questioned since.
The pastors were already forbidden from visiting Rifqa in foster care. Dawson added their adult children to the ban in light of any criminal inquiry.
Rifqa used Monday’s hearing to peruse a Bible. Other than stating her name, she did not speak.
Her parents listened to the hearing by phone.
In recent weeks, the Barys launched a new strategy to get their daughter back to their home near Columbus and placed in Ohio’s foster care system. Mohamed Bary’s filing, asking a judge to declare his daughter incorrigible for repeatedly being disobedient, is one case there.
Another hearing is scheduled in juvenile court this morning in Columbus, Ohio, to address the issue. Criminal attorney Kort Gatterdam, who is representing Rifqa in Ohio, said he will respond to the complaint and plans to file something in court in the morning. He wouldn’t give details about what he’s going to file.
Rifqa’s Guardian Ad Litem, Krista Bartholomew, said in court today that she has “grave concerns” that the Ohio case would be dismissed as soon as Rifqa is sent back there.
The Barys also filed a dependency petition against themselves in juvenile court in Ohio, Elahi said. The next hearing in that case is Oct. 27. Roger Weeden, the attorney for Aysha Bary, said the Ohio court has accepted jurisdiction and argued that all of the witnesses in Rifqa’s case, from relatives to teachers, are there.
Rifqa’s Florida case is set for mediation Oct. 9. Another proceeding in juvenile court is Oct. 13.
Also today, Dawson kept sealed FDLE’s interview of Rifqa. The judge said he wanted to read a transcript of the interview before deciding to remove the seal.
Amy L. Edwards can be reached at aledwards@orlandosentinel.com or 407-420-5735. Sarah Lundy can be reached at slundy@orlandosentinel.com or 407-420-6218.
Copyright © 2009, Orlando Sentinel
