Wednesday, September 16, 2009


"[In June 2009] In a fit of anger that I had never seen before in my life, he picked up my lap top, waived it over my head as if to strike me with it and said "if you have this Jesus in your heart, you are dead to me! You are no longer my daughter." I continued to remain silent and then he said to me even more angry then before, I will kill you! Tell me the truth!"
--Sworn affidavit by Rifqa Bary, August 30, 2009

Mr. Bary denied having threatened his daughter. He stated that in June when he confronted his daughter in her bedroom regarding Christianity, he grabbed the laptop computer she was working on. He stated that he lifted it to throw the computer and decided not to as he had invested too much money in it to break it.
FDLE report on interview with Mohamed Bary on August 27, 2009

Ladies and gentlemen, this is what we call in the trade...A CONFESSION. A small girl alleges that an adult man grabbed and brandished her computer over her in a rage, reasonably putting her in fear. The same adult man disputes her allegation by saying:
1) The child was seated;
2) I grabbed the computer away from her;
3) I lifted it above my head as I stood over her...
4) But I never intended to frighten her, just smash the computer.


So what did Mohamed Bary actually confess to, face to face with the stalwart clueless lawmen of the FDLE? Well, let's try "domestic violence." I'm not an Ohio lawyer, and I don't play one on TV, but I can read the Ohio statutes:

2919.25 Domestic violence.
(A) No person shall knowingly cause or attempt to cause physical harm to a family or household member.
(B) No person shall recklessly cause serious physical harm to a family or household member.
(C) No person, by threat of force, shall knowingly cause a family or household member to believe that the offender will cause imminent physical harm to the family or household member.

That would be a 4th degree misdemeanor, good for only 30 days jail, max.

Ahhhhh, but what about "child abuse"? I've already examined this theory, based on her Mom's confessed threat to move the whole family back to Sri Lanka. But it also qualifies in the case of the father's statement--Mohamed OBVIOUSLY inflicted mentall harm to the child by this action.

2151.031 Abused child defined.

As used in this chapter, an "abused child" includes any child who:
(A) Is the victim of "sexual activity" as defined under Chapter 2907. Of the Revised Code, where such activity would constitute an offense under that chapter, except that the court need not find that any person has been convicted of the offense in order to find that the child is an abused child;
(B) Is endangered as defined in section 2919.22 of the Revised Code, except that the court need not find that any person has been convicted under that section in order to find that the child is an abused child;
(C) Exhibits evidence of any physical or mental injury or death, inflicted other than by accidental means, or an injury or death which is at variance with the history given of it. Except as provided in division (D) of this section, a child exhibiting evidence of corporal punishment or other physical disciplinary measure by a parent, guardian, custodian, person having custody or control, or person in loco parentis of a child is not an abused child under this division if the measure is not prohibited under section 2919.22 of the Revised Code.
(D) Because of the acts of his parents, guardian, or custodian, suffers physical or mental injury that harms or threatens to harm the child's health or welfare.

Child abuse in Ohio is a first degree misdemeanor, 6 months jail, max.

By the way, it's interesting how Mr. Bary secured the good offices of "Mr. Babak Darvish, Executive Director of the Council for American-Islamic Relations (CAIR), Columbus and Mr. Romin Iqbal, Staff Attorney for CAIR OHIO," for his sit-down with the FDLE. And yet he couldn't help admitting to a crime.

If only those blind bats at the FDLE could see it. It's almost as if they didn't WANT to see it. Hmmmmmmmmmm...

[BTW, super props to the homies at the Center for Security Policy, who critiqued the whole FDLE report, and to AtlasShrugs for all she does for Rifqa!]

*Least of all, Charles Johnson.


Dymphna said...

When this story first broke, I put up a post which included her comment. I also critiqued the Child Protective Services depts in both states for their lapses.

Having been a CPS worker, I've been trying to find mention of Rifqa's guardian ad litem,the lawyer that is *supposed* to be appointed by the court to protect her rights is a suspected abuse case.

I can see she has a paid lawyer, but where is the guardian ad litem? Where is his or her report?

When these kinds of family abuse cases deteriorate into "he said/she said", Social Services is supposed to step in and provide a safe living space for the child in question.

In Rifqa's case, given her age, she'd normally be placed in a group living arrangement with other girls. There she could continue school and also be enrolled in an Independent Living Skills program to prepare her for turning 18.

Alternatively, the dept could work with her on an early empancipation program. I've done that with 16year olds who were mature and focused on leaving the bad stuff behind.

You know why they're doing this? My guess is that it's a follow-the-money situation. Programs like this have lots of federal mandates, all unfunded, and the states and localities go broke trying to keep up with the rules, never mind the back-breaking paperwork load. That's why the average foster care worker lasts just about two years. Too many kids and no money or resources to help them.

So Rifqa is a football. The Ohio county she came from sure doesn't want the expense of her case, the Florida county is probably already broke for the year. They will both pull every delay they can think of.

Maybe they can stall long enough for her to turn 18??

From my keyboard to G-d's eyes.

Jewish Odysseus said...

Dymphna, thanks for commenting here and raising the IQ of this blog 300%. ;- )

Rifqa's FL GAL atty is Krista Bartholomew. She has done a SUPERB job in Court, as I have observed first-hand, and commented here on 8/21. She and Stemberger really are working together, independently, like Walesa & Wojtyla, heheh.

To be honest, I thought Ms. Bartholomew was superior in Court, tho Stemberger was quite new to the case on that day. Also, as you know, the GAL has a built-in status and rapport with the Judge that can be extremely decisive in these cases.

If the GAL has prepared a report yet, it is in any case confidential. I can assure you, however, that the GAL went out of her way in Court o 8/21 to emphasize to the Judge Rifqa's legitimate fear of her parents and the Muslim throat-cutting community of Ohio.

FL's DCF has indeed stepped in to provide her w/a "safe space," w/a foster family. Rifqa has been very happy w/them, and they have home-schooled her.

As you may know, the legal situation has turned so there is now a good chance that Rifqa may be returned to OH [the bad news]. However, in OH it appears quite likely that she will be eligible for emancipation [the good news], which is legally impossible in FL without the approval of either parents or guardians.

I think political fear is the engine of this case, and $$ is essentially irrelevant. As you note, Rifqa is past 17, and there are no expensive medical issues to worry about.

I agree, let's run out the clock for 10 months more, GAME OVERRRRRR!!!