Sunday, October 14, 2007

[News Update] More On Hogan Car Crash, Hogans No Show Hearing

From tampatrib.com:
ST. PETERSBURG - A Pinellas County circuit judge today gave the mother of John Graziano temporary guardianship of her young Marine son, critically injured in a car crash while wrestler Hulk Hogan's son was at the wheel.

Probate Judge Lauren Laughlin also granted a continuance of the guardianship hearing as Graziano's father, Edward, had requested. No date has been set for the hearing to determine who will be the permanent guardian, but it is expected to be held within 60 days.

After closing the hearing for 45 minutes to hear about John Graziano's medical condition, the judge said there was "clear and convincing" evidence that he is incapacitated and unable to make decisions on his own.

As emergency temporary guardian, Debra Graziano will be empowered to make decisions about the medical care and veterans benefits of her 22-year-old son, who served in Iraq.

"If I had a situation where I was in critical condition like that, I would want my mother to make the decisions rather than some person coming from the outside who doesn't know me and doesn't love me,'' George Tragos, Debra Graziano's attorney, said after the hearing.

Tragos also hinted at the likelihood of a lawsuit against the Hogan family in the interests of John Graziano's long-term care.

"I think that any guardian would pursue a civil suit," Tragos said. "That goes without saying.''

Tragos did not know whether John Graziano had a will and power of attorney drawn up, as is typically the case when service members are deployed overseas. He said the Department of Veterans Affairs, which has been paying for his medical care, wants Graziano moved to a VA hospital.

Graziano has been in critical condition at Bayfront Medical Center in St. Petersburg since Aug. 26, when he was injured while riding in a Toyota Supra driven by friend Nick Bollea, Hogan's 17-year-old son. Hogan's real name is Terry Bollea.

Clearwater police have referred the case to the Pinellas-Pasco State Attorney's Office, which will decide whether to file charges against Bollea, possibly by next month.

Attorneys for Graziano's father, Edward, who is estranged from his wife, unsuccessfully sought to have an independent, professional guardian appointed.

Steven Hearn, a Tampa lawyer who said he was retained nine days ago, told the judge he needed more time to prepare for the hearing. Hearn also said he wanted the additional time to investigate his client's concerns that his wife is receiving financial support from Bollea's family.

Hearn said they have been paying for her living arrangements at a condominium or town house in Clearwater. She previously stayed at a hotel, also paid for by Bollea's family.

Bollea's family initially paid some of Edward Graziano's hotel expenses shortly after the accident, "but that was cut off shortly afterward and since then he's not received anything at all," Hearn said.

The Bolleas were subpoenaed to appear at the hearing, Hearn said, but they did not show up.