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.
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?