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A judge gave the mother of John Graziano, center, temporary guardianship of her incapacitated son.
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Published: October 10, 2007
Updated: 10/10/2007 04:02 pm
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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.
Reporter Carlos Moncada can be reached at cmoncada@tampatrib.com or (727) 451-2333.
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Reader Comments
Posted by ( Katrina ) on October 10, 2007 at 6:21 a.m. ( Suggest removal )
Why is it that the St Pete Times has full details in their paper first? Two days ago you could have just copied their information. I like the tribune but man, "breaking news" NO. More like limited news!
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Posted by ( acuratl96 ) on October 10, 2007 at 6:30 a.m. ( Suggest removal )
The father should let his mother take care of him, my goodness, it is what a good mother suppose to do, she gave birth to him, took care of him then, so what is the problem now.
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Posted by ( Desmo ) on October 10, 2007 at 7:54 a.m. ( Suggest removal )
Can anyone say Schiavo?
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Posted by ( sharedcomp ) on October 10, 2007 at 8:27 a.m.
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Posted by ( alverez81404 ) on October 10, 2007 at 8:33 a.m.
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Posted by ( ad ) on October 10, 2007 at 8:56 a.m.
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Posted by ( jp328 ) on October 10, 2007 at 9:10 a.m.
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Posted by ( nancy1234 ) on October 10, 2007 at 9:49 a.m. ( Suggest removal )
why not make Nick's family support his care for the rest of his life, and also make Nick go around and do talks about speeding and reckless driving and the consequences and any money made from that should go to the family and also take Nick's license away for the rest of his life, he does not deserve to ever get behind the wheel of a car again
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Posted by ( allcolorsandnone ) on October 10, 2007 at 10:01 a.m.
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Posted by ( solar ) on October 10, 2007 at 10:20 a.m. ( Suggest removal )
What a sad situation, I really feel for the Grazino family, they have a long up hill road ahead of them.
As far as Nick goes, I sure hope his racing on public streets are over for good. I know he didn't mean to hurt his friend, but he did, and if he puts anyone in danger again by racing on public roads, then he needs to go away for a long time.
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Posted by ( Tanya_C ) on October 10, 2007 at 10:40 a.m. ( Suggest removal )
What are you guys talking about???? If I was in that similar situation I would PRAY my mother would be my guardian just because of how close I am with her. I not that familar with the specs of impartial guardianship but I am so for having a family member be the guardian. It doesn't matter if it is mother or father but it matters who is closest to the person and would be the best fit for the responsibilites.
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Posted by ( Indigo ) on October 10, 2007 at 10:52 a.m.
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Posted by ( Teena ) on October 10, 2007 at 10:52 a.m.
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Posted by ( Glen ) on October 10, 2007 at 10:56 a.m. ( Suggest removal )
I think they should make Nick be guardian for him, give him a taste of some responsibility
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Posted by ( Tanya_C ) on October 10, 2007 at 11:23 a.m.
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Posted by ( pamsdolls ) on October 10, 2007 at 11:26 a.m.
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Posted by ( heyjude ) on October 10, 2007 at 11:55 a.m.
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Posted by ( agirlcalledshell ) on October 10, 2007 at 1:03 p.m. ( Suggest removal )
If myself and my cousin were racing and i wrecked my car and nearly killed her in the process i would have been arrested all ready, the fact that this guy is someone special and therefore has had no charges against him just really shows that in hollywood you can do no wrong. Money may not buy love but it can buy people!
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