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

Wednesday, March 22, 2006

SARMIENTO VIDEO

Our friends at CBS 4 broke the Sarmiento arrest and emailed us a link to their video.

http://cbs4.com/video/?id=14891@wfor.dayport.com

Note the TWO computer screens behind our favorite "well known" criminal defense attorney, Brian T. We love Brian, but it would have been great if there had been a video game on one of the monitors (like what you would see on our screen in our office when we're not on the blog.)


We need your input. This past week a very improper comment appeared on the blog. We took it down as soon as we saw it. But since we work for a living, we cannot monitor the blog all the time. We have the ability to screen all posts before they go up, but have refrained from doing so to avoid the appearance of censorship. This blog works as we intended it to, most of the time. But a lot of people now read it, and we are concerned about people's reputations.

So dear readers, what should we do?

("Go jump in the Ocean" is not the type of suggestion we want, but we are bracing for what people will be telling us to go do, with the belief that many suggestions may well be anatomically impossible.)

We welcome your ideas.

See You In Court.

47 comments:

Anonymous said...

1.) Are Brian Tannanbaum and Mark Iglarsh related in any other way besides their quest to be on camera? Well known criminal defense attorney? Is he our generations next great lawyer? The Who could'nt even defend it if such is the case. "Talkin bout my generation...."
2.)You can't try to monitor and delete posts on the blog rumpole. It opens you up to liability. Just let it be a free for all.

Rumpole said...

But here is the problem- what if someone wrote they saw Sarmiento using drugs, instead of the arrest? How could we let that stand? We get a few hundred hits a day, and any evil minded person could wreck havoc with someone they don't like.

Anonymous said...

rumpole it does not matter.

Anonymous said...

let it free flow.

Anonymous said...

The problem you've created for yourself, Rumpy, is that lack of deletion is an implicit endorsement by you of the statement IF you are deleting other statements that are false, or mean, or off-topic, or whatever. You're starting to see the problems of censoring inappropriate material. If you put yourself out there as the censor, then anything not censored is implicity endorsed by you. Leave it alone.

Rumpole said...

All well and good until some moron posts an untrue comment about a Judge boinking a JA or lawyer (or both) and it causes trouble in their home and we are to blame. We don't take ourselves seriously, but some of these people who post are positively vicious.

Anonymous said...

thats on them. better them then you.

Rumpole said...

So what you're saying is, we can be sued if we screen a post and then post it, and it is false? Hmm. we still think we need some screening process.

Anonymous said...

tear down the wall!

Warren D. Schwartz said...

Hello Bloggers! I wish to extend my sincere thanks for all of your support in the PD election poll. As those know me will attest, I have waited patiently in the wings. Now, ITS MY TIME! My lifetime of legal accomplishments has brought me to this stage. The other candidates to replace Mr. B simply do not have my experience or ability. I have spoken to Brummer and he will be stepping down this afternoon. Based on my overwhelming victory, I have a clear mandate for change. There will be 3 main rules: 1. all men must wear bow ties and shave their heads bald. 2. no more jury trials--clients only get hurt from that approach. I've personally tried over 100 without a victory. 3. no more slave hours. All pd's from here on shall work the hours I work and no more. Together we will build a better tomorrow!

Sincerely, Warren D. Schwartz

Anonymous said...

I think rumpole should be looking into miami style voter fraud. Shame on you Warren!

Anonymous said...

The sentiment against censorship is noble, but impractical in an anonymous environment. If you refrain from censoring anything, then the comments section devolves into worthless vitriol mixed with the rare nugget of truth.

And so you censor. But that does not require you to sit in judgment of each posting. Rather, you excercise reasonable discretion as time allows.

If someone believes they have been libeled, they are free to contact you and allow you to take remedial action.

so... when you see a post that crosses your pain threshold... delete it, post that you deleted it, and explain why you deleted it. It's what you've doing, and it's working fine so far.

Anonymous said...

How can Warren beat out Blake and the others? Warren, shut up and go home. its already 1:00 o'clock.

Anonymous said...

if someone writes so and so is a shit bird moron do you sensor it? where do you draw the line. people can filter out bullshit. let the blog take its course. do not delete posts. it's a public form. after all, the blogs stated purpose is for humor and to promote rumor. and still you sensor....

Anonymous said...

Sensor? Senses what? I think you meant CENSOR, you stupid dogfucker bitch.

Anonymous said...

censor sensor you get the idea you right wing fuckbird literary turd.

Anonymous said...

Warren is at work til 5 pm everyday. He is a born leader. Respect him, love him, follow him.

Anonymous said...

Proud to be right-wing, douche fuck.

Spiderman said...

See:

http://blogs.philly.com/blinq/2006/03/the_blueberry_h.html,

regarding webmaster responsibility as to anonymous message board postings, libel, etc...

Anonymous said...

Forget liability, your concern Rumpy should be that the day your identity is reveal or uncovered the people seared by your decision to allow a post to remain will blame you. The answer to this concern is either to censor heavily and thus earn fewer enemies, or censor nothing. If you censor nothing, then you will take the position you were not responsible for any of the comments. But this defense will fail as sure as it failed for the Nazi foot soldiers in Nuremberg. Those hurt, offended, or even lightly singed by comments, will still hate you. You're in a new win situation. Of course, the voyeurs among us will still love you for providing the forum. Good luck.

Anonymous said...

You are all very profane. Censoring is fine, if it keeps the one who uses the word for a hygienic product and copulation in the same sentence from fabricating at will. That eloquent scribe should probably scrounge a valium or two from his family oriented Republican friends at church. He'll live longer without all that tension.

Anonymous said...

What's with all the Nazi comparisons? Don't you lose a little credibility when you lambast this poor Bastard with such ridiculous comparisons? When a real sonofabitch comes along, your comparisons will ring hollow.

Anonymous said...

Anonymous states:
I think that you should post everything but stop allowing people, including yourself to post anonymously.

Anonymous said...

I think that if people want to make allegations about other people's personal lives regardless of the truth of those accusations, they better not hide behind an "anonymous" label.

Anonymous said...

I saw Phil at Au bon pan this morning around 11:30 when the above comments were posted. Did anyone see him using a palm pilot to post?

Anonymous said...

ON R SARMIENTO:

Dick Horn's comments "we are going to fire him" and "I hope he gets drug help" are pathetic. First, very supportive of the SAO to fire a good guy and good lawyer for having a pill that was, until recently, prescribed by shrinks. The line regarding getting drup help shows the complete break with reality the SAO has. Let's be honest, you dont need drup help (or probation or prison or a fake ass program) b/c you party a little on the weekend. You, Dick Horn, need help. Certainly it's ok to get hammered every night, but get a little high and we fire you, try to convict you, get you in trouble with the bar, and generally show no support whatsoever.

Also, the drugs will be suppressed as the stop was, in typical miami fashion, 100% illegal.

I am sure Sarmiento will come out ahead - he'll open his own firm and likely double Dick Horn's salary in 2 or 3 years.

I've never met Sarmiento, only heard great things about him. I'm also a PD.

an old school X PD said...

im glad to hear from a cool ass pd coming with an OLD SCHOOL mentality. go private soon....

Anonymous said...

SORRY TO SAY BUT RUMPOLE AINT PHILI PHIL.

Anonymous said...

I wonder if Sarmiento's bondsman Pena offered him the services of a good attorney? Further, I wonder whether Sarmiento will bend to the bondsman suggestion and hire that attorney so that he will not be surrenered by the bondsman. Maybe Sarmiento's arrest is a hoax by the state to catch a corrupt bondsman?

It all makes sense to me.

Anonymous said...

The real hypocrites are you defense lawyers who say you feel sorry for him becuase he wasnt a hardass like some other prosecutors. So let me see if I get it, an asa who fights hard for the state and believes strongly in his job and doesnt roll over for you guys is someone who we go to the arraignment and cheer his misfourtune? Conversely, if the ASA was useless and plead out every case so he could take three hour lunches, we should feel sorry for him.

The real hypocrites are all you defense attorneys taking pleasure in someone else's misfortune. Anyone with a heart should feel sorry for a guy who made a mistake and screwed up his life and is forced to leave a job he enjoyed. The good news for him is he will be given a chance to go to drug court like other first time offenders and he wont lose his license to practice law.
Good luck to you Ray and f--k all the defense attorneys who are laughing at you on this blog, they are the losers not you.

Anonymous said...

Im a defense attorney and I agree - F__k all the defense attorneys that are laughing at Ray - understand though, many prosecutors are angry that defense attorneys feel sorry for him - idiots on both sides, as in every case

Anonymous said...

can you really be so fucking deluded to truly believe that the "defense attorneys" who are disgusted with mr. sarmiento are "the real hypocrites?" i'm a former prosecutor and although i sympathize for mr. sarmiento, i think it's clear to everyone that HE in the REAL HYPOCRITE in this situation... not his critics.

old school said...

most smart defense attys realize that people who are violent toward others or people who steal from others, should be punished if convicted.
however, it's a simple truth that drugs, which are used for personal consumption, should be legal. therefore, if you are the TYPE of ASA who offers a defendant 30 DAYS for simple poss. of narcotics, and you yourself party X on the weekends, then you should be fired and held up to ridicule if you are cought.

Anonymous said...

Maybe if you didn't so many drugs, your brain wouldn't be mush, and you would know how to spell C-A-U-G-H-T.

Anonymous said...

Former ASA here: In the interview process, EVERY ASA is asked the hypothetical question about what they are to do if they see another ASA at a party smoking weed or snorting coke. The answer that the SAO wants to hear is that they would turn the other ASA in. And while nobody likes a tattle tale, you have to wear the white hat when you are a prosecutor. I dont know the guy, but the fact that he probably put people in prison for the same thing he was doing outside of the office is pretty sick. He is an idiot for even getting within 50 feet of ecstasy given his job. By the way, spies in the SAO state that the girl he was holding for was a secretary at the SAO. When the SAO found out about the arrest, the SAO investigators told her to submit to a urine test to see if she was clean. She refused and was fired on the spot.

Anonymous said...

im a def atty and none of my colleagues are criticizing sarmiento. we welcome him to the defense bar with open arms.

Anonymous said...

If you're worried about people using the site to spread ugly rumors, make it all comments require pre-approval. Going back and deleting and/or editing posts is for the birds.

Anonymous said...

Who the hell decided that the ASA's wear the white hat? Locking mostly poor and/or minority people in a cage when you are some jaded kid from the suburbs is a noble pursuit? And don't tell me that you are just doing a job. That excuse has been used to justify every atrocity in history.

Anonymous said...

I have to say that I agree on the "white hat" comment.

ACS said...

The media is so lame to the accused. I just watched that video and at the end, he makes some comment about the accused 'pushing' pills? C'mon, that's total BS (baloney sandwiches). The former ASA could have been holding for his girl, maybe even rolling, but there is no way that he was 'pushing' pills as in selling. The guy certainly does not deserve to go to jail for such a minor charge, he's already suffered enough in my view. Even if he made mistakes in the past, I'm always asking for forgiveness for my indigent clients, so I have no problems with him getting some leniency. Its like the whole death penalty racial thing. Some people say 'well, we can make it equal, let's just execute more white people or people who kill minorities.' I would rather go the other way, equalize by tamping things down rather than dialing them up.

Anonymous said...

"Who the hell decided that the ASA's wear the white hat?" ....

Accept it. They do. Read the caselaw. Read the bar rules. Talk to any true prosecutor.

The rules are different for them, and they should be. They have more responsibility and power than anyone in the system. Those that can't handle it should leave.

I may not like everything the office does, but it does play a huge role in keeping the crime rate down.

Anonymous said...

The bottom line is that what Ray did, if true, was stupid and hypocritical. And he's unfortunately paying dearly for that. He had a lot to lose, and he should've been more careful. But how many of you prosecutors also dabble in drugs? Or get behind the wheel after having one too many drinks? Just go to Monty's on a Friday for happy hour to find out. It is hypocritical as hell, b/c the only real difference between you and the ppl you're prosecuting is your bar card and your job. I really like Ray and I hope he gets through this, b/c he truly is a good guy. I just wish it was one of his many asshole colleagues whose arrogant sense of power and entitlement makes them way more deserving!

Anonymous said...

drugs are great. dont knock it until you try it.

Anonymous said...

As to the anonymous comment by a former asa: "I dont know the guy, but the fact that he probably put people in prison for the same thing he was doing outside of the office is pretty sick."

I am a former ASA (and fairly recently left the office) and I don't know of ONE ASA during my entire time there who put someone in PRISON for consumption of X. GIVE ME A BREAK. Typical D attny just shooting off his/her mouth for the drama, with no substance. If Ray was accused of dealing X, which he is not, that would be a different story, but it seems obvious that he was just using. He should get a WH+cts like every other possession of X/coke 1st time offender gets. Best of luck, Ray--you are a great guy and a good prosecutor.

Anonymous said...

Plus, if more ASA's were on drugs they would be unstoppable in court!

Anonymous said...

Dont know of ONE ASA who put someone in prison or jail for consumption? You must have been in FSU for a few years. Every possession of a controlled substance case went away for CTS? What about cc or probation violations where they pick up a new possession case? Or the guy out on bond for possession and picks up a new case for possession? Did you CTS all those cases? Did you ROR them when they came up for bond review? Or the guy with a million priors that scored state prison time. Did you CTS all those cases? No, you offered them straight jail time for their possession (a/k/a CONSUMPTION) case.

I never said the guy should get 5 years. He should be treated like every other defendant that goes through the system, which is why he'll probably get Drug Court and his case will eventually get nolle prossed and he'll move on with his life. My problem was that he probably dealt out jail or prison sentences to drug offenders by day and used drugs at night. And as far as the "typical defense attny drama" comment, I was an ASA for 15 times longer than I've been in private practice. Nice guy or not, he is a total dirtbag and no better than a dirty cop, whom all defense attorneys want hung by the flagpole.

ACS said...

I, a defense attorney, don't want all dirty cops hung by the flagpole. Cops are like the rest of us (well, except often more used to being respected for their authority). They make mistakes. Some are arrogant SOBs, like some defense attorneys and prosecutors. I'm not saying a dirty cop should continued remain a cop or that an ASA holding X can continue in that position, but draconian punishments for police misconduct are unwise.

Why? I want such misconduct uncovered. As we all know, higher penalties discourages reporting, keeping up that blue wall of silence. After all, who is gonna tell the truth and rat out a fellow cop when they know this will send them to do hard time for something that wouldn't get such attention if the committer wasn't a cop (or former cop?).