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November 29, 2006
Fullwoods to learn their children's fate
Topics: NewsSynopsis: Dale and Ellen-Beth Fullwood to appear in court today for their arraignment for custody of the four children, taken from them by the Department of Children and Families. The court is also hoping for a clarification as to who will be representing Ellen-Beth and the children.
SARASOTA - Dale and Ellen-Beth Fullwood will find out what the accusations against them are at their custody hearing arraignment today.
Dale and Ellen-Beth are scheduled to appear at 9:30 a.m. before Circuit Court Judge Rick DeFuria at the North County courthouse.
If neither parent shows up, DeFuria said at the Oct. 25 hearing, the Fullwoods might lose the right to claim their children.
The other issue to be decided is who Fort Myers attorney John Coleman is representing, if anyone.
Coleman has acted as the attorney of record for Dale, Ellen-Beth Fullwood, and their four children at all hearings after the state Department of Children and Families removed their four children from them after the death of their 6-year-old daughter, Coralrose, on Sept. 17. Coralrose was found murdered at a construction site two blocks from her Calabash Lane home in North Port.
The court claimed the living conditions in the Fullwood home were deplorable.
DeFuria ordered temporary custody of the children to their grandparents, Saul and Doreen VanderWoude of Fort Myers. He said the parents could not be around their children unless they were supervised by one of the VanderWoudes.
On Oct. 23, Coleman requested to withdraw from representing Dale during the custody hearing. However, court officials yesterday said Coleman might be trying to remove himself completely.
In his Oct. 23 motion, Coleman said the reason for the withdrawal is because Dale is being represented by the public defender's office on the criminal charges, and it created a "conflict of interest" between Dale and Ellen-Beth that "would prevent this from going any further."
DeFuria said the criminal matters have nothing to do with the custody hearing.
"He can say all he wants. Unless he files the proper papers, what I say is the way it is," DeFuria said. "He (Coleman) does not officially represent anybody but the children."
However, DeFuria said Coleman's motion to withdraw contradicts what he has done in the past, and what is filed with the court.
On Oct. 11, Dale Fullwood was arrested on two counts of possession of child pornography. He is being held at the Sarasota County Jail on $50,000 bond.
At earlier hearings, DeFuria said Coleman represented the children, Dale and Ellen-Beth, and the grandparents (Saul and Doreen VanderWoude).
But on Oct. 25, DeFuria said the only appearance record filed showed Coleman representing the children.
DeFuria asked all attorneys involved to call Coleman and have him decide whom he is representing.
DeFuria assigned Debra Salisbury to represent Dale Fullwood in the custody hearing. And if Coleman does not file an appearance record, Ellen-Beth will not have representation.
You can e-mail George McGinn at gmcginn@sun-herald.com
BY GEORGE McGINN
Staff Writer
Posted by admin at November 29, 2006 5:46 AM
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