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

Monday, December 19, 2005

STUFFED SHIRT ALERT

We got one.
Law.com reports that the Federal Government has hired private lawyers to represent the two air marshals (motto: Miami- See it like a Native) who shot and killed Rigoberto Alpizar. Zuckerman Spaeder partner Michael Pasano and associate Paul Calli were hired to represent the two air marshals as the Dade State Attorneys Office
( motto: “Welcome to Miami. Take your Meds….or else”) decides whether to file charges.

How did these two fine lawyers get hired? Here’s what the modest and unassuming Mr. Pasano had to say:

"I guess they have a list of good lawyers somewhere that they call in such cases," he said. Some lawyers, he noted, won't take these cases because the government pays "extremely low" fees.

Lets look at that quote closely. It’s not enough for Mr. Pasano to toot his own horn. Ignoring the amazing publicity he will receive, Mr. Pasano wants us to think he’s an altruist: doing it for the good of humanity despite the low pay he must scrape by on.


Mr. Pasano: you win our stuffed shirt of the week award. We say: start a collection in the Justice Building for Mr. P! Lets knock Santa Claus who’s ringing his bell for the Salvation Army on his butt, and replace his kettle with a donation box for poor Mr. Pasano.

Mr. Pasano, in the unlikely event your clients are arrested, go here to get a map to our little world:mapquest.com and type in 1351 NW 12th Street.
We are concerned that in the lofty environs of ZS, your driver will not know the way to the REGJB. If you do honor us with the pleasure of an appearance, here are a few tips:

1.The Lox and Bagels at Au Bon are both cheap and great.
2.Judge Murphy’s 8:30 Friday calendar starts on time.
3.You can’t use the escalators to get to the seventh floor.
4.Yes, Sy Gaer means what he says.
5.Use the back entrance and have your bar card and DL handy.

5.Warn your clients before hand: most visitors to the building do not take their meds on a regular basis.
Many Judges do.
Bomb comments are met with a shrug.

Kudos to our own Brian Tannebaum, who put his money where his mouth is:

Mr. T, identified as a “legal expert” was also quoted in the article:

But legal experts don't expect any criminal charges to be filed against the two air marshals.
"Law enforcement traditionally has been supported when they use deadly force based on their belief that someone has a weapon," said Brian L. Tannebaum, president of the South Florida chapter of the Florida Association of Criminal Defense Lawyers. "No charges will be filed -- you can put all your money on that."

Umm….. Can anyone say L..O…Z….A…N…O..? How about Arthur McDuffie.?
Janet Reno’s office filed charges in those cases.
Be that as it may, we agree with Tannebaum.
Put us down for 50 that the SAO passes on this one (where's John Hogan when you need him?).

We are not advocating the prosecution of the air marshals.
We just hope the SAO does a thorough job.
People are watching.

See You In Court unless the Marshalls get us first.

4 comments:

Anonymous said...

does brian t. want charges to be filed against these guys?? sounds like it....

Anonymous said...

funny how no passengers on the plane heard the guy yell "bomb?"

Anonymous said...

In the highly unlikely event that these marshals were charged, do you think that they'd stick with Pasano and Calli to defend them? Or would they hire one of us Justice Building regulars without stuffed shirts?

Anonymous said...

Brian T a "legal expert"! No way, Rumpole! Brian Tannebaum (and Bill Altfield, but at least he admits he is a prosecutor) served on a Florida Bar Grievance Committee which found "probable cause" against a veteran criminal defense attorney (and former ASA) with a spotless disciplinary record of nearly 30 years. This Board-certified attorney was accused of "filing a fraudulent police report" after the attorney called the police to investigate the presence of strangers in the apartment of the attorney's neighbor (while the neighbor was out of town). Only after the expenditure of thousands of bucks in attorneys' fees and nearly three years of stress and hounding from that pimple on the ass of the Florida Bar, Carlos Alberto Leon (former prosecutor in Broward), the attorney was found not guilty by the referee (who opined that the attorney should be commended for the neighborly concern and action demonstrated) and the case was dismissed by the Supreme Court. All that time, money, and pain could have been saved, if only Brian T. had turned away from munching on the Bar's cookies for a moment during the grievance committee meeting, when he might have noticed that the Bar was accusing the attorney of "a crime" without ever identifying which crime was allegedly violated. He might also have questioned the credibility of the accusation, inasmuch as it originated from a civil attorney involved in a dispute with the accused attorney. He might have wondered, too, how it was that the investigating member of his committee never bothered to interview the attorney (who was NOT represented by counsel during the investigative stage for that specific purpose). He might have noticed, too, if he had had an IQ slightly above room temperature, that the investigating member never interviewed ANY witnesses, including the neighbor, who became the Bar's "star witness," although he was not present during the incident (and ultimately, his testimony was rejected by the Referee). Also, since an element of "filing a fraudulent police report" is that the accused allegedly lied to the police, didn't Brian ever wonder why the the investigating member never interviewed any police officer? When asked by the accused attorney, it was learned that the police thought that the call for investigation was completely proper, and had no problem about checking out the people in the apartment, in the absence of the owner). Finally, did it ever cross Brian's tiny mind that a criminal defense lawyer might be supposed to be an unlikely candidate to "file a fraudulent police report"? Brian's pronouncements on any complex point of law should be received only with the greatest skepticism, given his lack of understanding of the most basic principles of the presumption of innocence, due process, and the burden of proof. Who knows, maybe he should be the first recipient of a new award, the "The Defense Attorneys' 'Prosecutor Wannabe' Award."