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

Sunday, March 19, 2006

REIZEN SHINE RUMBLE

We invited both sides to submit posts about the Herald article today, and Phil Reizenstein did:


Philip Reizenstein said...

Having been invited to respond to the article in the Herald, I will do so.

First and foremost, D’Arce refused to calendar a motion, handed in by another attorney, who handles all of my firm’s South Dade work.
For him to say he didn’t calendar the motion because he was in fear for his life is disingenuous.
In fact, let me make it clear: he is a liar.
1) How much interaction does an attorney appearing court have with a JA? None.
2) In D’Arce’s own words to the herald, my alleged threat was “IF he came to my house again, then….” Thus, by not coming to my house, he has nothing to be afraid of.
3) Joan Fleishman told me that she heard D”Arce tell Hernandez “I have been doing research on this…WE need to recuse OURSELVES.
4) I will not be silent or intimidated by anyone who thinks that they can play games with my clients and their cases. The proper remedy here, if D’Arce was truly afraid was to have Judge Hernandez address the matter. It was 100% improper for the JA to just toss the motion aside ( a motion to set aside a bench warrant I might add) and just the tell the attorney “No. I will not do it.”
Who elected D’Arce to anything?

5) I make no apologies for defending my home or family. I do not know who D’Arce is. I may have been at a political fundraiser for Judge Hernandez, but this does not (outside of D’Arce’s fantasy world) make him my friend.

I was a prosecutor for many years. I put many people in prison. I take the safety of my family seriously. Perhaps, if I had answered the door and seen him, I may not have been so upset and angry. But all I had to go on was what my wife told me, which is that he continued banging on our door screaming “I know you’re home.” Until she answered the door.
He then was very upset and demanded to know why I did not return his phone calls.

For people who have criticized me, I have two questions:

1) By what right does a stranger have to come to my home on a Sunday afternoon, bang on my door and demand to see me?

2) What kind of fantasy world does this guy live in that makes him believe that I have to answer for not responding to his phone calls? And, since I do read the blog, and I do find it well written and funny, does anybody in their right mind truly believe this guy is the one who was writing the blog?

I have said on this blog before that I do not believe in physical violence outside of an individual’s right to protect themselves and their family.

When I called D’Arce I told him in no uncertain terms to stay away from my family.
I also was very careful with my words. I told him that if he came back to my house, I would consider that a threat and would protect my family. However, since my words were clearly qualified by the statement “if he came back to my house” (which even D’Arce admits in his statement to the herald) I am not worried one bit about his threats (which he has said to other people) to have me arrested.

Once again, I do not apologize for protecting my family.
I do not know this guy, I do not know if he carries a firearm.
What I do know, is that unlike the rest of civilized society, he feels so important, and so powerful, that he believes he has the right to bang on my door whenever he pleases.

Between the two of us, D’Arce knows where I live.
I have no idea where he lives.
And he tells the Herald he feels threatened?

Other people have mentioned this guy’s strong arm tactics. He has apparently threatened judicial candidates and sitting judges. Personally, that is none of my business. However, in these limited dealings with him, I can tell you that I believe those allegations.

However, there is a line between professional threats and personal threats.
D’Arce made this personal when he came to my house.
I have an office. He could have come there.
But he choose to come to my home on Sunday and demand to see me.
Based on his conduct, I have nothing to apologize for, and will not do so.
Philip Reizenstein.

Rumpole notes: As is our policy, we post these comments without editorial. We await D'Arce's reponse and wonder why he called our humble blog "stupid" to the Herald?

36 comments:

Anonymous said...

Rumpole - since they took Juan's computer, I assume his response will come via fax, or mail, or he'll break into Phil's house and use his computer.

Anonymous said...

a war has started north of the border; Sun-Sentinel Buddy Nevins reports that Judge Robert Diaz has a challenger, anyone know Brian P. Wolk who is running against Judge Diaz in Broward?

Anonymous said...

a war? sounds like an election.

Anonymous said...

I think D'arce must be sucking
the Judge's dick or something, otherwise why is this judge sticking behind him.

D'arce should have been fired a long time ago. You handled this
situation correctly Phil, but now its up to Hernandez to handle his shit correcty.

Anonymous said...

thats a great point - wouldnt any respectable judge find a way to ditch the JA? You can say hernandez should be commended for standing by this scumbag, but he is up for election, and d'arce should have enough respect for his boss to step aside, at least until charges are filed and he helps him post bond.

Anonymous said...

Hey Phil, what about the bailiff?

Anonymous said...

Doesn't everyone have the right to knock on anyone's door? Doors used to have metal knockers just for that purpose. Phil is a big guy, D'arce is not. Even a qualified threat that hints at deadly force seems a little heavy handed under the facts at bar. Not illegal, but over the top. Why was Jackie at the door? If it was such a big dust up why not wake Phil?
Many JAs are on a power trip and D'arce is the worst (in Dade), He is probably pissed off that he is a secretary

CAPTAIN said...

BROWARD COUNTY

For those who have any interest in those judicial elections "north of our border", the Circuit Court shapes up like this:

11 races with one contested race:

Group 6

(an open seat)

Charles Kaplan
vs
Kenneth Padowitz

In the County Court:

Again, 11 races and only one contested race:

Group 10

Robert Diaz - who has raised $28,025 from 125 contributors; and also put in an additional $25K of his own money.

vs.

Brian Peter Wolk

Mr. Wolk, Esq., was admitted to practice law in Florida on December 19, 2001 meaning he would be eligible to take office on January 1, 2007; (the rule requires one to be an attorney for 5 years before becoming a judge). He squeaks in by 12 days!

The Sun Sentinel wrote about the contested race this week and said:

"Broward County judges rarely are challenged for re-election, but County Court Judge Robert Diaz picked up an opponent this week -- Brian Peter Wolk of Weston.

Wolk said he decided to run against Diaz because "I looked at a place where the county would be better served having me as a judge."

That's as close as he got to mentioning Diaz's problem with the Florida Bar last year. Diaz served a two-week unpaid suspension and paid a $15,000 fine for sending vaguely threatening anonymous e-mails that implied a fellow County Court judge was reporting illegal immigrants to federal authorities.

Wary that the suspension and fine might leave him vulnerable in a campaign, Diaz said, he has raised more than $65,000 to fight back.

Wolk is a former vice president in the family business, the defunct Peaches music store chain. Now a lawyer, Wolk said that since anybody could appear before him in county court, he won't take any campaign contributions. County court judges hear disputes under $15,000 and criminal misdemeanor cases."

By the way, in Dade County we have 2 contested Circuit Court elections out of a possible 22; and 6 contested County Court elections out of a possible 25.

Anonymous said...

Phil:

Just wondering ... how did this scumbag get your home address? Is you home address listed in the phone book or something? You may want to reconsider your personal secrecy and security efforts.

Given my experiences with D'Anger, I am not surprised that you felt threatened. Even Jeb would agree that you have a right to protect your castle.

Keep safe buddy!

A Lawyer Who Is Just Wondering

Anonymous said...

D'Arce, A Million to Juan,

Be careful going to other people's homes, homies. They might mistake you for a "Gort".

I have had a few dealings with Ms Darcy, and she is really a second rate secretary, but she wears very nice nylons.

Look Out Portia

One Darcy-One World

Anonymous said...

Secretary went to Attorneys HOME on a Sunday? Secretary says he is scared? The only thing he should be scared of is someone named Bubba who likes man on secretary jail sex without the benefit of a personal lubricant.

And speaking of personal lubricant, Juan, stop going to other people's homes to harass them. YOU ARE A SEXRETARY, not a 'politico'. Now bend over like a good little boy!

How has the county not fired this fuckwad? Doesnt he embarrass Dade County. I will say, it is difficult to embarass this fine town. As far as cities with a population of over 1,000,000 we are the poorest (except for the defense attorneys). I wonder if it has anything to do with all the stupid people hangin outside the Courthouse.

Anonymous said...

why are you all such little girls? you wouldnt need this blog if you all were not afraid to tell people to their faces what you thought of them.

Anonymous said...

Rumor has it that Michael Samuels has opposition. Any truth to it?

Anonymous said...

Someone, without any sense of irony, anonymously posted: you wouldnt need this blog if you all were not afraid to tell people to their faces what you thought of them.

Secretaries, like D'Arce, are generally dumb. But they gain significance from the fact that they are gatekeepers to their bosses. Pissing off D'Arce a self-avowed political operative, means you open yourself up for retaliation. A stupid JA will act overtly and then complain to the Herald. More insidious is the JA who simply drags her heels, misplaces your file, etc. That's why you always suck up to the secretary, no matter how low their IQ.

Anonymous said...

What I want to know is if Maria Prieto, Judge Gordon's JA, has any affiliation, informal or not, with Pericles Consulting. After all, Pericles' business address is apparently a townhome she owns.

Assuming she is affiliated with Pericles Consulting, I'd like to know what Judge Gordon's opinion is on her involvement.

EM said...

And here I thought personal attacks, spitefulness, envy, jealousy and all around stupidity was reserved for the City of Miami's MRC building and City Hall...NOT so nice to see that this transends to the County level.. its an all around Banana Republic... Just an observation, of course.

Anonymous said...

so true

CAPTAIN said...

IT'S OFFICIAL:

We have yet another contested County Court race, as an incumbent judge (who first ran and beat a sitting incumbent County Court Judge Kevin Emas) now has opposition. Now he will get to taste what it is like on the flip side of the burger!

GROUP 14

Michael Samuels - $60,000 (all of which he has loaned to his campaign; he has raised no money from any contributors)

vs.

Gloria Gonzalez-Meyer, or should I call her Gloria Gonzalez, as she is registered to practice with "The Florida Bar". She has been an attorney since 1994. She put her name in for an open Circuit Court seat in 2005. She works with attorney Michael Kirby and they exclusively handle Progressive Insurance company, insurance defense cases.

I can't wait for the political pundits, who will surely have a field day with this female, hispanic\hyphenated jewish attorney who has her name one way with the Florida Bar and another way with the voters of Miami-Dade County.

By my count, that now makes eight County Court contests, with no less than six sitting County Court Judges who could be looking for work next January:

McWhorter vs. Marino
del Pino vs. Jacobi
Leifman vs. Gonzalez
Samuels v. Gonzalez-Meyer
S. Schwartz vs. Sanchez-Llorens
Millan vs. Twombley
B. Miller vs. Alvarez
Rippingille vs. Cohn


I WONDER WHO WILL BE NEXT........

Anonymous said...

DA-VID MIL-LER DA-VID MIL-LER

CAPTAIN said...

VERY INTERESTING.... as Colonial Klink from Hogan's Heroes used to say.........

Why did Judge Andrew Hague loan his campaign $1,000 on October 7, 2005; and $50,000 on October 14, 2005; then on October 29th, he repayed a loan back to Smith Barney; then on December 29th, he again loaned his campaign $50,000.

Upon first look, his campaign account shows a total of $101,000 in contributions; one has to look at the expenditures page for the $50,000 being sent right back to Smith Barney.

The Captain does not claim to understand anything about the campaign finance laws in the State of Florida ... but is interested in what Judge Hague seems to be trying to accomplish...?

On a lighter note, still no opposition yet for Judge David Miller, despite the clamorings of one anonymous blogger ... maybe anonymous should reveal him/her self and file for the seat. We would be happy to give you some free press and our full support.....

CAPTAIN said...

sorry, that should have been "Colonel" Klink

Anonymous said...

hague. worst judge ever?

Anonymous said...

D'Arce.. not bright... Rizenstein..less bright... SOOOO intimidated by D'Arce.. he lets his wife answer the door and handle the situation... Way to go... Phil... big man protect family... let wife take risk... then make a phone call... with a 'warning'. Why not just call 911? Why not just file a police report.. Why all the cloak and dagger crap? Do you really mean to tell me that it was more "professional" to give D'Arce a telephonic "warning" about what would happen if he did it again.. Sorry, mister macho.. seems like a lot of false bravado and cowardice to me. Juan was absolutely wrong to go to your house.. I imagine he knew where it was due to the mind numbingly boring parties that took place there when your wife was the sole occupant... Regardless, he had no business going there. You, however, are supposed to be the professional... the wise one.. not the tantrum throwing child that lets his wife deal with the immediate issue and then calls D'arce with your over the top 'warning".

Anonymous said...

Let me clarify something to the anglo bloggers. In the hispanic community, it is common for a person to visit an acquaintance, friend or family member at their home on the weekend without a need to make an appointment or reservation. Juan D'Arce visited Phil's home on this assumption. Phil has no reason to act as he did.

The answer to the overreaction by Phil comes from an analysis of Phil's blog posts which conveys that he is a psycho moron.

Only this would explain his tasteless comments about Patty Marino-Pedraza who is certainly a qualified candidate and excellent lawyer. Shame on you Phil.

Only question is, what will the Florida Bar do to Phil? Do we have a potential Quiznos employee here?
CAN YOU SAY MMMMM TOASTY???!!!!

GO PATTY GO PATTY, GO!
You have my vote...

Anonymous said...

"In the hispanic community, it is common for a person to visit an acquaintance, friend or family member at their home on the weekend without a need to make an appointment or reservation."

Phil's hispanic? SHould of known with a name like Reizenstein

Anonymous said...

No,Phil's not HISpanic.. just a "panic" as in panic-ridden. I wonder as well, what the Florida Bar will say. The old expression "make sure the mind is in gear before putting the mouth in motion" seems to apply. For someone who seems like a reasonably intelligent guy, making that call was one dumb move. Amen to Patty Moreno-Padraza! She's got my vote too!

Anonymous said...

Exactly, Juan D'Arce never imagined his visit would offend anyone. This is clearly a cultural misunderstanding that was blown out of proportion by Phi as he did with Patty and her candidacy.

Phil R said...

Boy am I taking a beating here.
1) What bad thing did I say about Patty Marino?
2) Juan D'Arce is not my friend, I don't even know what he looks like.
3) I was asleep when he banged on my door. I have said before if I answered the door and spoke with him, this might have been avoided.
4) Under your faulty reasoning, if Judge Hernandez doesn't return a call I place to his chambers, it is OK for me to go to his house on Sunday and demand he speak with me?
5) I did not threaten to kill this guy.I have consistently said I do not believe in violence.

Anonymous said...

my damn mother calls before coming over, if juan or any other hispanic, jew, asian, canadian, mexican showed up at my house uninvited, there would be no need for a follow up phone call

Anonymous said...

I believe that by Phil negating the Bailiff's statement to the Herald about his death threats that he is in fact calling the Bailiff a liar just as he called Patty at not good enough candidate for Seat 1.

Then he suggests visiting the Judge at home to discuss a case, but Phil, has Judge Hernandez ever been to your house?

As I understand from the information I have read, D'Arce went to Phil's home about a personal matter and not as a client, nor to discuss setting a motion.

All I know is that I am voting for Patty.

Anonymous said...

I don't get it... I don't enjoy unannounced visits either.. and I am hispanic.. BUT... whether I like it or not.. people stop by.. When did that become some sort of tabu? I don't know how "out of hand" Juan became if a all.. but I do believe that Juan was present at a coulpe of events put on by Jacky...Phil's wife, before they married. If Juan had been a guest in the house and considered Jacky a friend.. Going to the house doesn't seem that outrageous.. I admit I'm speculating here.. but I'm not speculating when I say that Phil's subsequent reaction was a gross overreaction. I completely agree with the guy (or woman?) who said that Phil should know better and that if Juan was creating a scene etc.. teh appropriate thing would have been to file a police report or call 911.. Whatever.. in any event Patty you have my vote too!

Phil R said...

One last time: If you people can read my posts, why can't you get it? I wrote that I though Patty Marino would be a fine Judge and that I was looking forward to supporting her until she announced against McWhorter. I also wrote I was SAD because I believed Judge McWhorter was also a fine Judge and did not deserve opposition. What is so hard to understand?
Can't you conceive of a scenario where a person you like runs against a Judge you respect? How hard is that concept to understand?

As to D'Arce, again I refer you to a previous post where I wrote that despite my yelling at him, that if he did come to my home again, I would call 911 because that is the way people in a society deal with threats and criminals.

This blog is like the wild west. And you people are vicious and love to twist words. At least I have the courage to sign my name to my opinions.

Anonymous said...

that is because you also feel guilty about signing your name rumpole.

Phil R said...

Noo. not me. I don't feel guilty, I merely defend the guilty. Let me ask you something, If I was Rumpole (and by the way, D'Arces -who has never been to my office was screaming that I have "rumpole stuff in my office") please feel free to drop by (i won't threaten you) and check it out. If I was Rumpole, would I let myself and my family be trashed the way I have been? Some of the comment have been pretty harsh, especially for a guy people are calling thin skinned. Now granted, I'll take the word "thin" in a sentence with me just about anyway I can get it, but still, I have been trashed pretty hard here. To the extent the blog is funny and well written, I take it as a compliment. Unjustified. But a complement.

Anonymous said...

Pretty easy to criticize Phil when you haven't walked in his shoes.....

I'm not a huge fan of his (frankly, we've never gotten along particularly well), but will not judge his actions here. He's very rough around the edges (not someone I've ever or will ever hang with), but still a decent guy. He doesn't deserve to be trashed like this.

old school said...

how could you not get along with phili phil? you must not know him very well. he is great guy, card player and lawyer.