I can report on Muldowny (in this forum) by saying that the evidence came in as well or better than expected. A full and comprehensive examination of the science, the inherent weaknesses and lack of forensic precision of breath testing, the computer driven nature of the Intoxilyzer, the importance of the software, the multitude of reasons why the software validly should be examined, the lack of legitimacy of a "trade secret" objection, and other issues was had. The judges had the benefit of testimony from the finest experts in the country on these issues. To everyone who has joined in, helped financially with the astronomical costs associated with expedited depositions, use of experts, etc., and otherwise assisted, many thanks. More work is yet to be done, but the last two days have provided a very good evidentiary base upon which the judges can reach their conclusions.
Big thanks to Mike and Maggie, they were great.
Oh, and to anonymous out there, when was the last time you fielded this type of case in your felony practice?
Anonymous sends in this report:
(Limited) Report From The Muldowny Front:The defendant's expert witness, a Ph.D in electrical engineering (and also an M.D.) was very impressive in his explanation as to what is going on inside the machines, the changes made by the police to the original machines, and why the source code needs to be reviewed to help explain these changes. It was dry but interesting at the same time.My question: Why is administrative chief Judge Sam Slom sitting in on the hearings? He doesn't hear any cases anymore; is it so he can try to influence the other judges to deny the defense motions?
And Anonymous has come to praise Richard Hersch not bury him:
Richard Hersch did a masterful job of getting the CMI expert to admit that there is no commercial value to the source code and that CMI would not lose anything financially or competitively by divulging same. He had their witness agreeing to discuss divulging the source code with CMI's board of directors!! Great job Muldowny team!
While this reader wants to do the reverse:
LOL. We're very impressed Richard. You found experts who will say what you want in exchange for lucrative careers as "expert witnesses" in DUI cases. Yawn. And, no, that crap would never fly in front of most circuit judges.
And this reader comments on our local fishwrap:
Judges sitting in a jury box, while they aren't a jury, they sure look like one.And while 600 defendants aren't represented by 3 attorneys, they sure look like they are.Misreporting or not, sensationalism sells - the plain truth seldom does.
Anonymous wrote in about Judge Hendon's new appointment:
hendon has an iq of about 100.
Rumpole responds: Judge Hendon will not make friends with the other Judges if he brags about his superior intelligence and IQ (vis a vis his brethern on the bench.)
Rumpole concludes: Richard Hersch's full post, in the comments sections shows that he is not only a master of DUI complexities, but a historian of WWII naval battles. A true renaissance man. Why is Judge Slom sitting in on these motions, but other judges that handle a DUI calendar are notably absent? More on Judge Slom's DUI hijinks coming up soon.
13 comments:
They taught me, not by precept, but by example, that nothing is more commendable, and more fair, than that a man should lay aside all else, and seek truth; not to preach what he might find; and surely not to try to make his views prevail; but, like Lessing, to find his satisfaction in the search itself.
-Judge Lerned Hand on Richard Hersch and source code litigation(1939).
Hey Rump,
Jail Number 06-20688, DEf Name Justin Rundle, arrested for trespassing at Space NightClub. This is supposed to be Rundle's good kid. The cops really suck in miami. you heard hee first on the Blog.
Signed,
Fuck you.
Yep,
You can't even raise a good kid in Maimi, Say so long to the Senate, stay home and try to raise your grandkids at least.
I wonder if Florida has enough counties in order to prosecute each of Rundle's children?
Divorced Mother with High profile career, nanny raises kids in home in cocoplum = fucked up kids
Give the lady a break assholes!
The lady is getting a break - at least the discussion has turned away from what a crappy office it is.
Someone asked: "If the argument is really about cops maintaining machines that they then use as (in effect) arbiters, is the correct solution in finding someone else to maintain and test the machines?"
Answer: No, its not a solution, but it is a good start in providing impartiality. Can anybody say Corzo? He's the infamous Miami-Dade police department maintenance officer from the mid to late 90's (I can't remember exactly) who admitted that he manipulated the maintenance results until he got the answer that would "pass" the machine. Bad result=cards go in the garbage and he starts again. And he is not the only officer in this county to admit to destroying agency inspection cards to hide failed tests.
By the way, Corzo testified that The State Attorney's Office advised him to do the maintenance that way.
She is a bad mother. More important, though, I wonder whether her office will consider the fact that of the 8 people in Justin's group, Justin is the only one that was arretsed. What explains this. Of course the last name explains this. But what will the office make of the others not being arrested. Maybe the cops are fibbing again.
Fruits of a poisonous tree?
Is "em" the ghost of ellen morphonious?
Rundle is a man posing as a woman to make re-election easier. Her kids are confused , and ought to be given some leeway.
Hendon really doesn't deserve to be on the bench. thinks he's hot shot for working long hours late in the evening. unfortunately, a new judge, who shall remain nameless for now, thinks he's a hero and wants to work people until the wee hours in the morning on tuesday.
go raise your many, many kids.
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