Breaking: Broward veteran ASA Stacy Honowitz has been arrested for shoplifting forty-two dollars and change in beauty supplies. Channel 10 has the story on the web here. She has been suspended. As the case below shows, she is absolutely presumed innocent. We have seen more than one professional caught in a shoplifting snafu that wasn't what it first appeared. And the late-great Richard Sharpstein once defended a newly married man who was arrested for shoplifting when he attempted to return some wedding gifts to a bridal registry. Richard-being his brilliant self- had this spectacular line in closing argument on a case he won: "He was a stranger in a strange land."
We're not sure how a person who was identified by an eyewitness who was "60%" certain, loses a trial and an appeal, but that's what happened to Tony Brown.
Enter enterprising journalism students, and lawyers from the under-appreciated Regional Counsel's office. Add one great judge who is not afraid to do the right thing, and what you have is the below order.
Congrats to Regional Counsel Lawyers Philip Reizenstein and Kristen Kawass who get the win.
JUSTICE BUILDING BLOG
Dextera Domini & Orbis Non Sufficic
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. THIS BLOG HAS BEEN CALLED "THE DEFINITIVE BLOG ON MIAMI CRIMINAL LAW" BY THE NY TIMES, THE WASHINGTON POST, THE POPE, AND DONALD TRUMP WHO ALSO ONCE SAID IT WAS "REALLY GREAT". POST YOUR COMMENTS, OR SEND RUMPOLE A PRIVATE EMAIL AT HOWARDROARK21@GMAIL.COM
Monday, September 17, 2018
DE LA OVERTURNED!
Sunday, September 16, 2018
NFL WEEK TWO
SURVIVOR POOL
Last week was the equivalent of Hurricane Florence. as the Saints went down to the Bucs, giving a week one loss to Blog stalwarts De la Fins, DOM, Fake Freddy Moldovan, Cary Clennon, Nichols Basco, Peter Sauter, VP Pence, and Alan Kaiser, to name a few. Survivor stalwart Kenneth Weisman, missing his pal Colby, had a scare, but hung on as the Packers and Aaron Rodgers staged a second half comeback against Da Bears. However late comer "Fake Jay White picking for Colby" (yes that's the full name of the team) kept the flag flying with a pick of the Pack.
Ifitikhar Memon tied, picking the Steelers, who kissed their sister against the Browns. After some research in the matter, we believe a tie is not a loss, and Memon, survives another week.
See, Bushel’s Case (1670) 124 E.R.1006; Bushel's case; and
Entick v Carrington [1765] 19 Howell's State Trials 1030.
Entick_v_Carrington.
We're traveling for a case today, so we won't get the actual picks up until our NetJets land after 4pm. (landed a bit early)
UPDATE: Real fake former judge, Lurvey, and Lucy Lew all go down in week two of the Survivor Pool.
PICKS
Count us as officially on the J...E...T...S Jets Jets Jets super-bowl bandwagon. We're takin gang-green minus two and a half, at home, against our Fins, who do not have us convinced they're any good. The Fins are on a 0-5 streak on the road from last year. ðŸ˜
We also like Da Bears, at home, minus 3.5 against the Seahawks on the road for the second week.
We're also hopping on the Browns bandwagon. They have a real, solid D. They DB's shut down the vaunted Steeler passing game. Take the Brownies +9.5 against the A'ints. (WIN 😇 )
Mantra for 2018. Repeat after us: "Always bet against the Cowboys. Always." To use technical terms: They stink. They're no good. They cannot compete. The Giants aren't much better, but we'll take the Boys from the Big Apple who always play the cowpokes tough. We're betting against the Cowboys until they show us otherwise. Also take the game under 43.5
The Raiders also stink. Take the Broncos at home -6.5 against the future denizens of Sin City.
(BTW- take Muller -4 over Trump. Guaranteed.)
FANTASY FOOTBALL
Your humble blogger was vindicated by his week one win- where incidentally we had the highest score in the league. We passed on Steeler FF sensation A Brown at the number four pick and grabbed Giants rookie RB Saquon Barkley, and we were proven right as we beat Mr. Blecher, who picked Brown next at five. Barkley outscored Brown, as we did Blecher.
Which brings us to Rumpole's rule of FF: when choosing between players of equal talent, always chose the younger player. NOTE: This rule does not apply to your choice of criminal legal counsel. Indeed it is exactly the opposite.
Other winners last week were Judge De La Fins, Mr. Grieco and his aptly named "Comeback" team, because America loves second chances, Millennial Me, our first #metoo female contestant, and Court Keeley.
Last week was the equivalent of Hurricane Florence. as the Saints went down to the Bucs, giving a week one loss to Blog stalwarts De la Fins, DOM, Fake Freddy Moldovan, Cary Clennon, Nichols Basco, Peter Sauter, VP Pence, and Alan Kaiser, to name a few. Survivor stalwart Kenneth Weisman, missing his pal Colby, had a scare, but hung on as the Packers and Aaron Rodgers staged a second half comeback against Da Bears. However late comer "Fake Jay White picking for Colby" (yes that's the full name of the team) kept the flag flying with a pick of the Pack.
Ifitikhar Memon tied, picking the Steelers, who kissed their sister against the Browns. After some research in the matter, we believe a tie is not a loss, and Memon, survives another week.
See, Bushel’s Case (1670) 124 E.R.1006; Bushel's case; and
Entick v Carrington [1765] 19 Howell's State Trials 1030.
Entick_v_Carrington.
UPDATE: Real fake former judge, Lurvey, and Lucy Lew all go down in week two of the Survivor Pool.
Survivor 2018 WEEK 2 by Anonymous PbHV4H on Scribd
PICKS
Count us as officially on the J...E...T...S Jets Jets Jets super-bowl bandwagon. We're takin gang-green minus two and a half, at home, against our Fins, who do not have us convinced they're any good. The Fins are on a 0-5 streak on the road from last year. ðŸ˜
We also like Da Bears, at home, minus 3.5 against the Seahawks on the road for the second week.
We're also hopping on the Browns bandwagon. They have a real, solid D. They DB's shut down the vaunted Steeler passing game. Take the Brownies +9.5 against the A'ints. (WIN 😇 )
Mantra for 2018. Repeat after us: "Always bet against the Cowboys. Always." To use technical terms: They stink. They're no good. They cannot compete. The Giants aren't much better, but we'll take the Boys from the Big Apple who always play the cowpokes tough. We're betting against the Cowboys until they show us otherwise. Also take the game under 43.5
The Raiders also stink. Take the Broncos at home -6.5 against the future denizens of Sin City.
(BTW- take Muller -4 over Trump. Guaranteed.)
FANTASY FOOTBALL
Your humble blogger was vindicated by his week one win- where incidentally we had the highest score in the league. We passed on Steeler FF sensation A Brown at the number four pick and grabbed Giants rookie RB Saquon Barkley, and we were proven right as we beat Mr. Blecher, who picked Brown next at five. Barkley outscored Brown, as we did Blecher.
Which brings us to Rumpole's rule of FF: when choosing between players of equal talent, always chose the younger player. NOTE: This rule does not apply to your choice of criminal legal counsel. Indeed it is exactly the opposite.
Other winners last week were Judge De La Fins, Mr. Grieco and his aptly named "Comeback" team, because America loves second chances, Millennial Me, our first #metoo female contestant, and Court Keeley.
Thursday, September 13, 2018
YOU CAN'T WIN A PLEA
David O Markus, everyone's favourite federal blogger speaks Friday at lunchtime at the PDS office on the secret sauce he employs in trials that results in Not Guilty verdicts.
You should attend.
DOM is like that old E.F Hutton commercial: "When E.F Hutton talks, people listen."
BUT YOU CAN BE NICE
Here's the consent agreement for former Broward Judge John Contini to be disbarred for five years. What is notable about the agreement is that one of the reasons why Contini was disbarred is because during his three years as a circuit court judge, he admits that he "could have been more sympathetic toward some litigants, lawyers, and court personnel."
WELL...if that's the standard in Broweird, how does any judge there keep their robes?
You should attend.
DOM is like that old E.F Hutton commercial: "When E.F Hutton talks, people listen."
BUT YOU CAN BE NICE
Here's the consent agreement for former Broward Judge John Contini to be disbarred for five years. What is notable about the agreement is that one of the reasons why Contini was disbarred is because during his three years as a circuit court judge, he admits that he "could have been more sympathetic toward some litigants, lawyers, and court personnel."
WELL...if that's the standard in Broweird, how does any judge there keep their robes?
COURTHOUSE CODE BROWN NOW!
BREAKING….
Code Brown at REGJB...Thursday morning. Armed officers with assault rifles sealing off courthouse.
This is a breaking story.
Code Brown at REGJB...Thursday morning. Armed officers with assault rifles sealing off courthouse.
This is a breaking story.
Wednesday, September 12, 2018
DODGING A BULLET
It is hard to feel thankful that we are not getting gob-smacked by a major hurricane. Our good fortune is our neighboring state's misfortune.
In the spirit of prior hurricanes, misses and hits, we revise our much desired Rumpole's Hurricane list and Q & A.
Q: What do the categories mean?
A: The category numbers refer to the "Saffir-Simpson Scale" (literally "the Saffir- Simpson Scale"). The scale relates the square of the amount of liquor in metric ounces needed to forget the impending disaster. Since there is an exponential difference between the damage a cat2 and cat3 storm causes, you need four metric ounces of liquor to forget the impending damage of a cat2 storm, but nine ounces to forget a cat3 storm.
SURVIVAL LIST
* denotes a new addition to the list.
Four Bottles Tito Vodka.
*Four jars olives.
Three Apples.
Two Oranges.
Bunch of Bananas.
*Four Bottles Hayden-Basil Bourbon.
Two Bottles Bullet Bourbon.
One case Coca-Cola.
One box power bars.
Two flashlights.
One Radio.
One case C batteries.
One case water, 16Oz bottles. One case per person per two days of anticipated delay before rescue. If you listen to the local channel 7 type TV station, then add 30 cases water per person per day.
*One Book: Crime and Punishment.
*One bottle sleeping pills, or one book "The collected humorous speeches of William Howard Taft."
Q: Should I use a generator?
A: Only run the generator during the storm. After the storm, surreptitiously run a power cord from your neighbor's generator.
Q: How dangerous is a hurricane?
A: According to most meteorologists who work for Channel 7 or who have worked for the station over the past decade in Miami, most hurricanes threaten 90-95% of all life within a five hundred mile radius of a storm. Your chances of surviving a storm rise -according to Channel 7- in direct proportion to the amount of plywood you buy from Home Depot multiplied by the number of hours you wait in line. So for example if you buy ten sheets of plywood after waiting two hours, your chances of survival rise twenty percent.
Q: Will courts be closed?
A: In Miami and the rest of Florida -yes. In Broward County-NO. And in the words of one prior chief judge "warrants for missing court during hurricanes will be the priority in being enforced once the storm passes."
So there you have it. Everything you always wanted to know about a hurricane.
In the spirit of prior hurricanes, misses and hits, we revise our much desired Rumpole's Hurricane list and Q & A.
Q: What do the categories mean?
A: The category numbers refer to the "Saffir-Simpson Scale" (literally "the Saffir- Simpson Scale"). The scale relates the square of the amount of liquor in metric ounces needed to forget the impending disaster. Since there is an exponential difference between the damage a cat2 and cat3 storm causes, you need four metric ounces of liquor to forget the impending damage of a cat2 storm, but nine ounces to forget a cat3 storm.
SURVIVAL LIST
* denotes a new addition to the list.
Four Bottles Tito Vodka.
*Four jars olives.
Three Apples.
Two Oranges.
Bunch of Bananas.
*Four Bottles Hayden-Basil Bourbon.
Two Bottles Bullet Bourbon.
One case Coca-Cola.
One box power bars.
Two flashlights.
One Radio.
One case C batteries.
One case water, 16Oz bottles. One case per person per two days of anticipated delay before rescue. If you listen to the local channel 7 type TV station, then add 30 cases water per person per day.
*One Book: Crime and Punishment.
*One bottle sleeping pills, or one book "The collected humorous speeches of William Howard Taft."
Q: Should I use a generator?
A: Only run the generator during the storm. After the storm, surreptitiously run a power cord from your neighbor's generator.
Q: How dangerous is a hurricane?
A: According to most meteorologists who work for Channel 7 or who have worked for the station over the past decade in Miami, most hurricanes threaten 90-95% of all life within a five hundred mile radius of a storm. Your chances of surviving a storm rise -according to Channel 7- in direct proportion to the amount of plywood you buy from Home Depot multiplied by the number of hours you wait in line. So for example if you buy ten sheets of plywood after waiting two hours, your chances of survival rise twenty percent.
Q: Will courts be closed?
A: In Miami and the rest of Florida -yes. In Broward County-NO. And in the words of one prior chief judge "warrants for missing court during hurricanes will be the priority in being enforced once the storm passes."
So there you have it. Everything you always wanted to know about a hurricane.
Tuesday, September 11, 2018
9/11
Today we remember those who lost their lives in an unprovoked and cowardly attack. We remember the innocent people who went to work, and we remember the brave firefighters and police officers who started a long walk up the tower to put out a fire and rescue people and paid with their life when the tower fell,
Today we remember.
But, as Americans, we are also mindful of this:
"People who trade their freedom for security deserve neither."
Benjamin Franklin.
If there is a uniqueness to being American it is this: that we treasure freedom and liberty above all else. That when we invade a continent, as we have done twice in the last century (Europe) we do so only to defeat tyranny, and once done, we leave, asking only to retain those small pieces of ground that are the final resting place for our hallowed fallen.
We do not seek vengeance. For we are mindful that vengeance is reserved for the almighty. We seek justice. We seek peace. We seek only to see individuals allowed to live their lives in freedom from evil. We treasure the right to pursue happiness. We fight for the right to worship, or not to worship. We choose our leaders by popular vote. We cherish a free and open press and the marketplace where we are free to exchange ideas.
This is what being American is all about. This is why our NYC firefighters ran into a burning building when everyone else was running out. Those men are what being an American is all about.
Peace.
Today we remember.
But, as Americans, we are also mindful of this:
"People who trade their freedom for security deserve neither."
Benjamin Franklin.
If there is a uniqueness to being American it is this: that we treasure freedom and liberty above all else. That when we invade a continent, as we have done twice in the last century (Europe) we do so only to defeat tyranny, and once done, we leave, asking only to retain those small pieces of ground that are the final resting place for our hallowed fallen.
We do not seek vengeance. For we are mindful that vengeance is reserved for the almighty. We seek justice. We seek peace. We seek only to see individuals allowed to live their lives in freedom from evil. We treasure the right to pursue happiness. We fight for the right to worship, or not to worship. We choose our leaders by popular vote. We cherish a free and open press and the marketplace where we are free to exchange ideas.
This is what being American is all about. This is why our NYC firefighters ran into a burning building when everyone else was running out. Those men are what being an American is all about.
Peace.
Monday, September 10, 2018
COURTS CLOSED MONDAY
Courts are closed Monday for observance of our Jewish colleagues holiday Rosh Hashana.
Ten days of introspection will end next Wednesday at sun-down.
Speaking of repentance, about half of the REGJB survivor pool washed out in week one as the Tampa Bay Bucs blasted the Saints on the road in New Orleans. The Saints were the number one pick in our pool and a canvass of survivor pools showed that between 35 and 40 % of all picks in week one were the Saints. Harvard QB/journeyman Ryan Fitzpatrick had a career day with over 400 yards passing and four TDs.
We will post final survivor pool results shortly.
From Occupied America, where the NFL has provided a welcome respite from the unending bad news from Washington, DC, and in the spirit of the new year- Fight The Power with Ryan Fitzpatrick slinging the rock.
Ten days of introspection will end next Wednesday at sun-down.
Speaking of repentance, about half of the REGJB survivor pool washed out in week one as the Tampa Bay Bucs blasted the Saints on the road in New Orleans. The Saints were the number one pick in our pool and a canvass of survivor pools showed that between 35 and 40 % of all picks in week one were the Saints. Harvard QB/journeyman Ryan Fitzpatrick had a career day with over 400 yards passing and four TDs.
We will post final survivor pool results shortly.
From Occupied America, where the NFL has provided a welcome respite from the unending bad news from Washington, DC, and in the spirit of the new year- Fight The Power with Ryan Fitzpatrick slinging the rock.
Sunday, September 09, 2018
NFL 2018 WEEK ONE
Incredibly, we lost our entire post, so we have to do it again.
First, as we watch the start of the NFL season and the Fins, we cannot help but think of our friend George Cholakis. George was a great prosecutor, and then became a well-respected criminal defense attorney. He was active in his church, and a friend to many. And if you knew George, you knew that he lived for the NFL season and Dolphin home games. George died as he lived: at a Dolphins home game last year doing what he loved most. We don't remember the outcome, but the day was a big loss. So here's to you George. We are sure your tailgating pals have lifted a few to your memory today, as we have.
SURVIVOR POOL
Here are the picks. Blog fav and retired Judge Jon Colby is out this year on Injured Reserve. We wish him well and look forward to his return next year.
Ravens -7 at home over the Bills (WIN)
Titans -1 on the road over the Fins. (LOSS)
Packers -7 over da Bears (LOSS)
Cardinals -2 at home over the Skins (LOSS)
Jags on the road over the Gints. Not this week Saquon, not this week against this D. (WIN)
Broncos at home -3 over Seahawks (PUSH)
OVER/UNDER
Long time and careful blog readers know that in the early weeks the defense dominates.
Steelers/Browns under 41(LOSS BY 1)
Rams at Raiders under 49.
Chiefs at Chargers under 49 (LOSS)
FANTASY FOOTBALL
Follow our league live here. See how your favourite judges match up against defense attorneys. Can our first female player -our own Millennial Me make a dent?
Rump starts the season against veteran FF manager Jon Blecher. Will Rumpole's startling move passing up Steeler WR Antonio Brown and drafting rookie RB phenom Saquon Barkley pay off? Blecher snapped up Brown with the next pick. Today will not be Rumpole's day as Barkley' s first game is against a tough Jags D.
De La Fins v. Team Horenstein.
We like hizzoner's team. QB Brees ain't bad, and two good quality RBs in Melvin Gordon and Leonard Fournette, although late breaking news is that Fournette is down with an injury during today's game. Horenstein's QB is Luck. Our own Luck at the 3rd DCA had a better year last year than the injured Indy QB. His RBs are Fin re-tread Lamar Miller, and Bears RB Jordan Howard, along with Drs. Fine and Howard with the Stooges.
Two REGJB big hitters take the field against each other today as Dan Lurvey and Court Keeley match up. Advantage Lurvey in this one as his QB Big Ben, star WR Julio Jones and RBs Lynch and former Fin Jay Ajai compare favorably to Keeley's Qb Newton, and Rbs Gurley and Devonta Freeman.
Millennial Me starts the season off against Multack and Me's QB TE combo (Brady-Gronk) has already paid off with a TD and double points. ME's RB Alex Karma from the Saints compares favorably to Multack's Zeek Elliott. This is a bad year for the Cowpokes, and we look for Elliott's production to taper off.
First, as we watch the start of the NFL season and the Fins, we cannot help but think of our friend George Cholakis. George was a great prosecutor, and then became a well-respected criminal defense attorney. He was active in his church, and a friend to many. And if you knew George, you knew that he lived for the NFL season and Dolphin home games. George died as he lived: at a Dolphins home game last year doing what he loved most. We don't remember the outcome, but the day was a big loss. So here's to you George. We are sure your tailgating pals have lifted a few to your memory today, as we have.
SURVIVOR POOL
Here are the picks. Blog fav and retired Judge Jon Colby is out this year on Injured Reserve. We wish him well and look forward to his return next year.
Survivor 2018 WEEK 1 by Anonymous PbHV4H on Scribd
PICKSRavens -7 at home over the Bills (WIN)
Titans -1 on the road over the Fins. (LOSS)
Packers -7 over da Bears (LOSS)
Cardinals -2 at home over the Skins (LOSS)
Jags on the road over the Gints. Not this week Saquon, not this week against this D. (WIN)
Broncos at home -3 over Seahawks (PUSH)
OVER/UNDER
Long time and careful blog readers know that in the early weeks the defense dominates.
Steelers/Browns under 41(LOSS BY 1)
Rams at Raiders under 49.
Chiefs at Chargers under 49 (LOSS)
FANTASY FOOTBALL
Follow our league live here. See how your favourite judges match up against defense attorneys. Can our first female player -our own Millennial Me make a dent?
Rump starts the season against veteran FF manager Jon Blecher. Will Rumpole's startling move passing up Steeler WR Antonio Brown and drafting rookie RB phenom Saquon Barkley pay off? Blecher snapped up Brown with the next pick. Today will not be Rumpole's day as Barkley' s first game is against a tough Jags D.
De La Fins v. Team Horenstein.
We like hizzoner's team. QB Brees ain't bad, and two good quality RBs in Melvin Gordon and Leonard Fournette, although late breaking news is that Fournette is down with an injury during today's game. Horenstein's QB is Luck. Our own Luck at the 3rd DCA had a better year last year than the injured Indy QB. His RBs are Fin re-tread Lamar Miller, and Bears RB Jordan Howard, along with Drs. Fine and Howard with the Stooges.
Two REGJB big hitters take the field against each other today as Dan Lurvey and Court Keeley match up. Advantage Lurvey in this one as his QB Big Ben, star WR Julio Jones and RBs Lynch and former Fin Jay Ajai compare favorably to Keeley's Qb Newton, and Rbs Gurley and Devonta Freeman.
Millennial Me starts the season off against Multack and Me's QB TE combo (Brady-Gronk) has already paid off with a TD and double points. ME's RB Alex Karma from the Saints compares favorably to Multack's Zeek Elliott. This is a bad year for the Cowpokes, and we look for Elliott's production to taper off.
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