Sean Case U.S. ambassador lobbies improper claims lawyer.

The visit of U.S. Ambassador Clifford Sobel, the president of the Superior Court, Cesar Rocha Asfor was an improper attempt to lobby. It is what sustains the family's lawyer Sean Goldman Brazilian Sergio Tostes, in an interview with Blog Noblat. Sean is at the center of a dispute in which his stepfather and mother's family dispute with his biological father custody of the boy. The records of the Supreme Court, however, show that the visit came almost a month after the appeal court judge on the case.

Sergio Tostes cited a letter sent by the ambassador to the former president of the Court of Rio de Janeiro, Judge Murta Ribeiro. "He sent a letter in December last year to president of TJ River interceding in favor of David," Toste said.

After criticizing the onslaught of ambassador to the Supreme Court, Tostes corrected the published reports. The head of the U.S. diplomatic mission only met with the presiding judge after the trial of the conflict of jurisdiction - and not before it was released.

The lawyer referred to the appeal before the Supreme Court, which ruled that it was the Federal Court review the case. "I'm hoping that the ruling of the Supreme Court be issued to enter embargo declaration because I imagine that there are contradictions or omissions in the Judgement. If they accept, then everything can be turned around and back to the Family Court, "said Toste.

The ambassador held talks with President of the Supreme Court, Minister Asfor Rocha, on March 3, so after the day of the trial of Conflict of Jurisdiction, which was held on February 11. "It is true that the ambassador came to lobby." The advisory said that the visit, the ambassador asked when the ruling would be published. The minister explained that the decision on publication rests with the rapporteur of the case. The ruling was published on Tuesday (17 / 3) - Click here to view the vote of Justice Philip Solomon.

The decision of the Supreme Court to transfer the matter to the Federal Court may change the focus of discussion. "In the Federal Court, which is at stake is the search and seizure of the boy to the United States," said Toste. The lawyer argues that the case be tried by the state courts. "It is a specialized court that will review what is best for the interests of the child. It is where David will be able to prove it really is the best for Sean "he says.

The lawyer said further that Secretary of State of the United States, Hillary Clinton, came to intercede on behalf of the biological father, David Goldman, after receiving false information from the ambassador. Tostes also says the change of the Union on the case due to the influence of Paul Vanuchi Minister, Special Secretariat for Human Rights.

Toste said that on Sept. 16, the ambassador visited the minister. "On September 17, Vannuchi, through his spokeswoman Patricia Lamego, argues that with the death of Bruno changed the facts and rules that the EU promotes the search and seizure of the child and immediately deport to the U.S.. On September 18, by letter, the ambassador announces the order, "said Toste.

"Sobel hid the boy is a native Brazilian. It comes in a letter to the boy Vanuchi as just American. And he hid this fact from Hillary, "said Toste. "Sean is a Brazilian in Brazil, the United States is American. Here he is being judged according to the laws here and in all instances the court was part of the family [Brazilian] Sean, "he argued.

The family of Bruna Bianchi, Sean's mother, who died in September last year, and "affective father" of him, the lawyer Joao Paulo Lins e Silva, vie with the custody of the boy David. The biological father contends that Brazil is violating the Hague Convention, which requires the deportation of persons removed illegally from their country. Toste said that the argument is void since Sean Bruna brought by permission of David.

"Bruna arrived in Brazil in 2004 already with the aim of ending the marriage. David knew of this risk and therefore only allowed Sean to stay outside the United States for three weeks. On the third day in Brazil, Bruna told David that I wanted to finish. Also during the three weeks that Sean was allowed to stay here, Bruna required in Family Court to possession of custody of Sean and succeeded. She has never been with Sean in Brazil illegally, "said the lawyer.

Read the letter from U.S. Ambassador

Embassy of the United States of America, September 18, 2008, Brasilia, Brazil. The Ambassador, AMB 08-523

It is my pleasure to greet V. Exa and take this opportunity to express the deep concern of the Embassy of the United States regarding the case of minor Sean Richard Goldman, a U.S. citizen and the recent decision by the 02 th Family Court Rio de Janeiro which granted temporary custody of Sean Goldman to his stepfather, in an effort to keep Sean Goldman in Brazil. Sean Goldman was born in the state of New Jersey on May 25, 2000, is the son of an American citizen, George David Goldman and citizen Bruna Bianchi Goldman, who recently died during the birth of another child, whom Mr. Goldman is not the father.

The Embassy takes this opportunity to reinforce with even greater intensity, our protest against the earlier decisions in this case and consider the above decision is a violation of both the Hague Convention on the Civil Code of 1631, which provides that the absence of a mother, the other parent has custody automatically.

To date, compliance with the Hague Convention was rejected by the Brazilian courts in more than one instance, not because the illegal retention of the child Sean is not serious, but by the assertion that Sean Goldman is perfectly adapted to local customs and habits of Brazil, and being in the company of his mother, it was decided he should stay with her in Brazil.

Today, a final appeal by Mr. George David Goldman to the Supreme Court is pending consideration. The U.S. Embassy has expressed to the Superior Court of Justice in the person of V. Exa. Judge Nancy Andrighi Fatima, his concern about the judgments reached in this case, which denied the application of the Hague Convention on the grounds only time the child is in Brazil, since his illegal detention in Rio de Janeiro. According to the Hague Convention, however, that such issues are decided in the jurisdiction of the country of habitual residence of the child, which in this case is the United States of America.

The denial of the application of the Convention was due to the child's adaptation to life in Brazil, an adaptation that occurred over time due to that the claim was settled in the courts, regardless of the conditions of his illegal removal from the United States of America which just serves to encourage acts that the Convention intended to prevent. In addition, Mr. John Paul Leal Bagueira Lins e Silva, Sean Goldman's stepfather, who presented the prosecution with the objective to remove the name of Mr. David George Goldman and paternal grandparents of the child's birth certificate, you want Sean not only do stay in Brazil, but take measures to "wipe out" completely the paternity of the child and the legal rights of Mr Goodman as the biological father of Sean.

What is even worse, Sr.João Bagueira Leal Paulo Lins e Silva, as well as the child's maternal grandparents, when sought by Mr. George David Goldman, who came to Brazil in search of a solution to the issue and to see their son, refused to allow any contact between the child and his father Sean, including temporary visitation rights. The United States of America has complied strictly with the terms of the Hague Convention on Civil Aspects of Child Abduction, including in relation to the return of minors who have been withdrawn from Brazil, in violation of judicial decisions in effect on this country.

The Embassy also ensures that not aware of any fact that prevents Mr. Joao Paulo Lins e Silva Leal Bagueira to enter the United States of America. The Embassy also ensures that Ms. Bruna Bianchi Goldman when alive, was legally represented in the United States of America and participated actively in the ongoing process earlier in the Superior Court of New Jersey, regarding the custody of his son Sean. To date, a judicial decision of the Supreme Court of New Jersey determining the return of Sean lower the United States of America is in force. This decision was upheld by the Superior Court of New Jersey.

The Embassy also ensures that the Superior Court of New Jersey and all the American authorities are perfectly capable of looking after the best interests of the minor Sean Goldman Richard after his return to the United States of America and the laws of the State of New Jersey is based entirely on protecting the best interests of the child.

Likewise, the Embassy said that after the return of Richard minor Sean Goldman to the United States of America, Mr. Joao Paulo Lins e Silva Leal Bagueira as well as the child's maternal grandparents, will be entitled to due process for custody of the child, and that U.S. law grants them the right to plead before the Supreme Court of New Jersey, on equal terms to any U.S. citizen.

For the above reasons, we expect full cooperation from Brazil, in the sense of strict compliance with international obligations assumed reciprocal sovereignly, to solve this dilemma, despite having always been serious, it becomes even more tragic with the death of mother Sean, with immeasurable harm to an innocent child.

I take this opportunity to enhance our appreciation and consideration.

Sincerely,

Clifford M. Sobel

His Excellency Minister Paulo de Tarso Vannuchi

Special Secretary for Human Rights

Esplanada dos Ministerios Bloco I, 4th floor, room 424

Headquarters of the Ministry of Justice



Text corrected at 15.20 to 03/18/2009

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