Tension builds…the world awaits the clash of the titans.
Anonymous is a fan of Judge Newman:
Judge Newman is a perfect Judge to decide the issue. He has as much courage as any county court judge and will not be dazzled by the name Hirsch. He doesn't take sh** from people like Fat Ed, Fat Jim or Slick Dick...Bobby R. (who should be mentioned because the other DUI kings are mentioned) don't pull no sh** (like...I need a continuance because the State didn't spell Officer Davenport's name correct and I was prejudiced) and is willing to try a case. "Mitch! Bring down a panel!". I would love to see what the rate of pleas for those guys are in Judge Newman's court.You all also make a big mistake to think Judge Newman anything other than intelligent.
Rumpole responds: Judge Newman is a gentleman and the consensus from people who have tried cases in front of him is that he gives a very very fair trial. What more could you want in a Judge?
Anonymous, sent us an email without posting. (You knew you could do that, right? It’s on the blog. Just email email@example.com and we get it without anyone else seeing it.)
ODDS ON STATE WINNING: 3-2. The Prosecution is the odds on favorite to win the motion. You will have to bet 3 dollars to win 2.
ODDS ON ALL JUDGES REMAINING THROUGHOUT THE ENTIRE HEARING: 6-1. There are a whole bunch of salon/nail appointments set on Thursday afternoons, not to mention child care, Oprah, etc. Rumpole notes- the moment one judge walks off the bench, anyone taking this bet loses.
ODDS ON A MEMBER OF THE DEFENSE BEING HELD IN CONTEMPT: 60-1 They’re all pros.
ODDS ON ONE SIDE ASKING FOR A DELAY AT THE HEARING: 2-1. This usually occurs no matter what.
ODDS ON RICHARD HERSCH HAVING A SENIOR MOMENT: Off the board- no odds, we just like to have a little fun at Mr. Hersch’s expense.
Rumpole Update: As per insider Michael Catalano, who was good enough to email us a road map, Mr. Hersch is the brains of this operation, and has been ably assisted by young Assistant Public Defender Maggie Arias who has logged in the extra hours to make it all work. Bennett Brummer should be proud of her. According to Catalano, the various counties have all decided this issue differently, which means that we can all be expecting to eventually see 3rd DCA Judge Rothenberg’s decision denying the defense’s motion appealed to the Supreme Court.
As we understand the technical side of the motion, the defense contends that once the machine is opened and examined, it will be revealed that the intoxilyzer is governed by a Magic 8 Ball that when breath passes through the machine, is rocked, and the corresponding result [”probably drunk”, for example] is then translated into a random number between 0.00 and 0.30.
Good Luck Guys.
See You In Court.
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