JUSTICE BUILDING BLOG

WELCOME TO THE OFFICIAL RICHARD E GERSTEIN JUSTICE BUILDING BLOG. THIS BLOG IS DEDICATED TO JUSTICE BUILDING RUMOR, HUMOR, AND A DISCUSSION ABOUT AND BETWEEN THE JUDGES, LAWYERS AND THE DEDICATED SUPPORT STAFF, CLERKS, COURT REPORTERS, AND CORRECTIONAL OFFICERS WHO LABOR IN THE WORLD OF MIAMI'S CRIMINAL JUSTICE. POST YOUR COMMENTS, OR SEND RUMPOLE A PRIVATE EMAIL AT HOWARDROARK21@GMAIL.COM. Winner of the prestigious Cushing Left Anterior Descending Artery Award.

Wednesday, March 06, 2024

LYING LIARS

UPDATE: THE EMPIRE STRIKES BACK (SORT OF)

In certain cultures they call this a mea culpa



UPDATE   MVZ RESIGNED TODAY Color us as : TOO LITTLE TOO LATE  

 A BOMBSHELL order rocked the REGJB Wednesday as Judge Wolfson found that the Dade County State Attorney's Office and ASA's Michael Von Zamft and Stephen Mitchell engaged in what we are calling a perversion of justice, witness tampering, disingenuous arguments to the Court, and general skullduggery that may warrant significant Bar sanctions in a death penalty case. 

What outraged Judge Wolfson- rightfully so- was the attempted coverup as the prosecutors continually argued that the defense was NOT entitled to an evidentiary hearing on the allegations- allegations that were proven well beyond a reasonable doubt. For example Mr. Von Zamft, recorded on a jail call, telling a witness that if another witness did not want to testify as he wanted, he would "arrange" for her to be unavailable and just read her prior testimony. This stuff may well be criminal. 

Word to our robed readers- when will you stop agreeing with prosecutors that defense motions do not need an evidentiary hearing? When will you start wondering what they are hiding? 

Add to the wrongdoing detailed in the order, add to the obstruction of justice as to witnesses testifying additional evidence of prosecutors getting witnesses to meet at the City of Miami Police Department to review their discovery and coordinate their testimony- along with certain "favors" the police provided (use your imagination- it's worse than you can conjure up) and what we have is a bombshell of an order and conduct that shocks the conscience of the blog. And we are not easily shocked  

And after you read it, think about this- If Mssrs. Mitchell and Von Zamft did this in this case- in which they were caught red handed-  what have they done in OTHER CASES in which they got away with their perversion of the criminal justice system? 

Maybe just maybe this will open some judges' minds if not their eyes. 

Bombshell Order by Anonymous PbHV4H on Scribd

Tuesday, March 05, 2024

ORIGINAL INTENT

 A thought occurred to us worthy of discussion. 

The authors of the Fourteenth Amendment, those holy men whose intent must be devised and divined from the historical clues they left us, wrote Section 3 of the Fourteenth Amendment to make ineligible from holding office anyone who engaged in insurrection against the United States. 

The current group of five of six conservative justices on the Supreme Court [hereinafter Gang of 5 to 6] wrote that article three cannot be applied until Congress enacts laws to explain how section three should be applied. In other words, section 3 of the Fourteenth Amendment was meaningless when written, and will continue to be meaningless until Congress enacts additional legislation. The section is not self-executing and cannot be used until Congress does more. 

Is there any other part of the Constitution that was meaningless upon ratification without more from Congress? 

The Gang of 5-6 decide nothing that is not consistent with original intent. Thus, the Gang of 5-6 are saying that those who wrote section 3, and the States that ratified it as an amendment to the Constitution, all agreed that they were enacting a meaningless section without further action. 

Interesting that for the first and only time, the Supreme Court has devised and divined that the framers of a part of the Constitution wrote something that they did not intend to be effective without more. 

Hmmmm......

Monday, March 04, 2024

SUPREME COURT TO COLORADO " DROP DEAD"

 The US Supreme Court (Motto "Wait, there are two political parties???" ) reversed the Colorado Supreme Court today and held that only that bastion of efficiency and decency and political moderation admired by the rest of the world - The US Congress - can remove President Trump from the ballot for being an insurrectionist and trying to overthrow the Presidential election results that were jiggered by Venezuelan Hackers in 2020. 

So much for "States rights" and returning the power to the States. That's all well and good unless your Republican rearend is gored by a Democratic Ox- then it's "well just hoooold on a second there cowboy...the states don't have any idea how to run things. Y'all need Congressional oversight on these matters." 

Here's the opinion and the (not) funny part is how a Trump judge tries to tell everyone that all nine members of the Court agreed, and the three judges with a brain huddled in a corner for comfort replied that the decision was not as unanimous as it might first appear. 



Trump by Anonymous PbHV4H on Scribd

Saturday, March 02, 2024

THE STORY OF RAY DAVIS

 If you want an inspiring and uplifting story then click the link and read about Ray Davis, a remarkable young man who is about to get drafted into the NFL. 

Both parents in prison, he missed school to care for his younger siblings.  He never stopped believing in himself and eventually, with a little help from some angels in his life, he's on the verge of being drafted into the NFL.  If it was up to us- based on character- he would be selected number one. 

Even someone as grouchy as we are teared up at the court hearing that is reported in the story. We are not going to spoil it- it's a small part of a remarkable story. 

Sometimes, the good-guys win.  The story is in the Athletic, which is what took over for the NY Times when they disbanded their sports department. We didn't think it would work, but actually the Athletic does a fine job. 

Click on the link and enjoy: Ray Davis. 

Tuesday, February 27, 2024

JUDGE HENDON HAS PASSED AWAY

 This is breaking news that we learned of this morning (Tuesday). We will update as we receive more information. This is both unexpected and terribly sad. Judge Hendon was amongst the best we in Miami-Dade had for the bench. His most recent appointment was the Third DCA. 


From: Judge Thomas Logue, Chief
Sent: Tuesday, February 27, 2024 9:45 AM
Subject: Passing of the Honorable Eric William Hendon

 

Dear Court Family:

 

With a great sense of loss, I share with you that our colleague and brother, the Honorable Eric William Hendon, died last night at Baptist Hospital. He passed in comfort and love surrounded by his wife, Diane Kennedy Hendon, his son, Lt. Col. James Hendon, and his brother, Dr. Marvin Hendon.

 

Judge Hendon brought to this court decades of experience as a trial lawyer, appellate advocate, and trial judge, as well as kindness, humor, and good fellowship. He relished his work as an appellate judge and spoke with pride and appreciation of the talent and effort of all the members of the court family.

 

Judge Hendon lived a great life, overcoming much and achieving much. He was something of a child prodigy in music and education. He loved classical music, expensive cars, and traveling to virtually every corner of the world with his wife, Diane. His presence will be sorely missed. Please join me in keeping him and his family in your thoughts and prayers.

 

Sincerely,

 

Thomas Logue,

Chief Judge, Third District Court of Appeal of Florida,

Monday, February 26, 2024

FLACO AND CONSTITUTIONAL LAW

 

Flaco The Owl. 
Two topics to start off the week. The first is that Falco, a Eurasian Owl that had escaped the Central Park Zoo (as a law student we signed on to work on the case circa late 1970s to shut the old zoo down) died in NYC last week. 

Like many New Yorkers, we were captivated by Flaco, who was born in captivity. He was freed last year by what the Zoo called an "act of vandalism" but about which we cheered. There were concerns that Flaco would starve but he soon proved to be an adept hunter of rats in Central Park. The Twitter (now X) feeds documenting Flaco are worth a look. 

Like all New Yorkers, Flaco had  wanderlust. He decamped to the Lower East Side last spring. The speculation was that he, like many of his fellow New Yorkers, was looking for love in the Village. He then returned to his favourite tree in Central Park, where he occasionally ventured into the Upper West Side, but like us, he apparently found it boring, and always returned home. 

We are going to say this one time: Animals belong in the wild and not in Zoos. Period. End of discussion. You disagree? Go live in a cage for a year and let us know how you like it. 

The second issue for the day is the handwringing by Constitutional Law Professors over the teaching of Con Law now that the Court is populated by second level intellects of a certain political persuasion. Oh what to do

The NY Times article is here. 

When did you lose faith in the Court? 

For us we could say it was the opinion in Wickard v. Filburn, holding that a farmer could not consume the wheat he grew because of the greater good (altruistic collectivism in its most basic form).  Or maybe it was Buck v. Bell upholding the forced sterilization of people with diminished mental capacity, which caused Justice Homes to write in 1927 that  "Three generations of idiots are enough."  Who said only the Nazis had a monopoly on eugenics?

By the time the Court decided Bush v. Gore and stopped the counting of votes for President we were done, at least in the belief that the reasons behind the decisions were purely legal. 

And we predict it will even get worse. Our Governor selects Judges recommended by a conservative society who has lost its roots. Our wanna be judges fall all over themselves to ignore morality, common sense, and reason, and only employ a careful parsing of what idiot lawmakers in Tallahassee wrote (Unless its a pesky death penalty precedent, and then it's "Out with the old and in with the Right" ). 

Sorry but the death of Flaco just has us totally bummed. 

Wednesday, February 21, 2024

NEW JUDGES

Fresh off the campaign trail where he couldn't beat a rapist and accused felon, Governor DeSantis reluctantly turned his attention to Florida business and appointed four judges for Miami. In a surprising development only two of four were prosecutors. In a development that surprised nobody, none of them had any experience representing people accused of a crime. 

So more Desantis judges. More books being banned. More motions seeking to enforce  rights under the constitution denied. Yawn...another day and more judges who have faithfully sworn to do nothing more than call balls and strikes. 

County Court Judge Carlos Gamez was appointed to the circuit court. He takes over the prestigious "Aponte Division".  Things are looking "Rosy" for Judge Gomez. 

Christine Hernandez was a state attorney and US Attorney and now she is a circuit judge. 

 Jennifer Hochstadt was appointed to the County Bench. She was an Assistant County Attorney. 

 Jason Reding Quiñones was appointed to the County Court. He is a former Fed... and so it goes. 

As you can see, we are just soooo excited by all of this.