According to an audiotape of the proceeding, it began with the judge saying that it was his understanding that Rachel wished to dismiss the lawsuit. Helfand said she wanted a proper voir dire questioning of her client and elicited from Rachel that she was acting in a knowing and voluntary manner and was not being forced or coerced to dismiss the lawsuit.
Helfand reminded Rachel that she returned to her parents home on March 11 but a few days earlier had been resistant to a reunion. She reminded Rachel that a written proposal to end the lawsuit had been sent to her parents on March 10 yet was immediately followed up by Rachel going back to Lincoln Park the next day.
We want to make sure you are not overwhelmed or confused, Helfand said. Are you comfortable with whats going on in the household at this point? Rachel responded yes.
Saying he wanted to keep our eyes on the stated goal of ending the lawsuit, the judge stopped Helfand from delving into accusations Rachel made against her parents in her lawsuit by limiting her to asking Rachel whether her certifications were true and accurate. Rachel said they were.
Helfand also wanted to know whether Rachel intended to pursue therapy but was stopped from exploring the area.
Shes 18 years old! Youre now opening up HIPPA? the judge asked Helfand, referring to federal privacy regulations on an individuals medical history.
Shes a vulnerable person and Im trying to make sure shes protected, Helfand told the judge.
Within moments, Bogaard ruled that he found Rachel was making a knowing and voluntary decision to end her lawsuit and he granted her request for dismissal.
Shes obviously an intelligent young woman who has a very bright future, Bogaard said. We wish everyone good luck. The parties are encouraged to look forward, not back.
http://www.dailyrecord.com/article/.../Rachel-Canning-drops-lawsuit-against-parents