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. THIS BLOG HAS BEEN CALLED "THE DEFINITIVE BLOG ON MIAMI CRIMINAL LAW" BY THE NY TIMES, THE WASHINGTON POST, THE POPE, AND DONALD TRUMP WHO ALSO ONCE SAID IT WAS "REALLY GREAT". POST YOUR COMMENTS, OR SEND RUMPOLE A PRIVATE EMAIL AT HOWARDROARK21@GMAIL.COM

Friday, March 03, 2006

YOUR LYIN EYES

Three issues today: Cops who lie; violence in prison; and trying to file a complaint against cops. We urge all prosecutors and Judges to click on the link that has the transcripts of undercover reporters trying to get a form to file a complaint. The web page may look blank, but scroll down and the transcripts of what occurred are there. Shocking.


The Honorable Roberto Pineo makes his debut on the blog, responding to term limits. (But quite frankly we couldn’t locate the post and we’d like to think his honor wasn’t drinkin and bloggin) :

Term limits for judges?! I've been publicly wearing my robe for over 16 years and still learn something new everyday (yeah,I know I leave myself open for: "Given how little he knew in the first place, he needs the time!")Nevertheless, d'y'all want a musical chair judiciary or an experienced and committed one?(I'll leave the commitment venue up to you) Judge Pineiro

Rumpole Responds: Hang on tight your Honor, these posters can be a bit rough behind the cloak of anonymity.

Jason Grey weighs in on the cop arrested for perjury:

Every ten years or so they charge a cop with perjury so state attorneys can somewhat credibly argue in closing " Why would officer so and so risk perjury charges to come in here and blah, blah, blah".Cops commit perjury all the time and almost no one cares. The cops consider untruths little white lies as long THEY believe a subject is guilty. prosecutors and Judges often look the other way. In a swearing contest between your client and a cop...well, you know . Does anyone care if a cop falsely claims something was in plain view so long as she hasn't planted it? I believe Very few cops would lie to frame a person they believe is innocent. How much does it matter when cops lie to convict people who are guilty?

Anonymous wonders:

Why don't we send Rundle's kid to boot camp??

And a poster trying to be funny writes:

It is a legal impossibility that Iven Hernandez or D'Arce operated illegally from the SDJC--THEY ARE NEVER THERE! The last time Hernandez worked on a Friday, Ford was President



SHOCKING: Go to this link, the top part of the page may be empty. Scroll down and read the transcripts of undercover reporters going into police stations and trying to get a form to file a complaint against a police officer. We particularly like the one where the police officer threatens the reporter: “take one more step forward and you will see what happens.”
HEY PROSECUTORS- GOING TO DO ANYTHING ABOUT THIS? OR ARE YOU STILL JUST GOING TO QUESTION WITNESSES WHY THEY DIDN’T FILE A COMPLAINT WHEN THEY TESTIFY THEY SAW THE OFFICER BEAT UP A DEFENDANT FOR NO REASON???

Hey Rump. Your readers should take a look at the transcripts on this link

http://cbs4.com/topstories/local_story_033170755.html

They are of copys refusing and threatening undercover reporters asking for complaint forms at various local stations. Should be prosecuted in a couple cases.
---

Why hasn't Bennett Bummer's office ever go after bad cops? When was the last time you saw Bennett, Weed, Rory, or Warren giving a press conference on the need to clean up these departments? When eas the last time anyone even heard from these hypocrites about lying cops? Thank god for attorneys like Lynn Overmann.

Rumpole Responds: what if they called a press conference and nobody came? Who would eat all the Danish?


Anonymous writes in response to the comments on the blog about what should happen to the cop arrested for perjury. These comments are well put and on the money.

All you criminal defense attorneys who are getting in line to gang rape this cop in prison are really showing your true colors. Need I remind you all of this thing called PRESUMPTION OF INNOCENCE?? Or does that only apply when you represent the defendant or when the defendant is one of you? For all those of you who are so eager to see this cop get it, maybe you should remind yourselves that one is presumed innocent until proven guilty. You all who are posting your fantasy punishment for this cop are just a bunch of HYPOCRITES. It is no wonder that criminal defense attorneys are viewed by society even lower than used car salesmen and county court judicial assistants.



Rumpole Responds: In the Federal side of things, the guidelines have enhancements for abuse of a position of trust, so police officers (and judges and attorneys) get higher sentences for committing crimes in which they abused their position. Criminal defense attorneys should be ashamed of advocating violence in prison. Violence in prison is one of the things this country should be most ashamed about. What happens to the human psyche after being exposed to danger and violence on a daily basis for a decade or so? What can we expect this person to do when released?

Also, with the high rate of innocent people being sent away ( see our previous posts on the number of innocent people sentenced to death, and then consider the other 100,000 cases nobody is looking at) violence in prison compounds the problem. Attorneys who posted and celebrated impending violence on this officer should hang their heads in shame. This officer is innocent until proven guilty, and if guilty, the punishment of a long prison sentence is sufficient without having daily acts of violence and rape to deal with.

Re Printed from the blog, originally posted January 13, 2006:


A Fallen Judge Rethinks Crime and Punishment Until 2001, Mr. Amundson, who is 56, was a highly regarded judge who sat on the Minnesota Court of Appeals, the state's second-highest court. Mentioned in legal circles as a likely nominee to the State Supreme Court…Then he was caught taking $400,000 from a trust fund he oversaw for a woman with the mental capacity of a 3-year-old, money he spent on marble floors and a piano for his house as well as model trains, sculpture and china service for 80, all bought on eBay. The Judge was prosecuted and sentenced to prison.The former Judge said: "Judges can say they have no idea what's going on in prison," Mr. Amundson said from a worn couch in the halfway house. "But if you know what's going on and you are still callous, God help you. If you are part of the system that does the things the system can do, God help you."



Violence in prison is common. Reprehensible, but common. We are seeking what thoughts any members of the judiciary have on this issue. Come on Robed Readers, many of you are intelligent and eloquent. You have a forum, so use it.

See You In Court.

32 comments:

Anonymous said...

Well put, Rumpole

Anonymous said...

is violence in prison always reprehensible? was it reprehensible when jeffery dahmer was killed by another inmate while in prison? not really.
just like perry ferrel from Janes Addiction says
"some people should die. thats just unconsious knowledge."

Anonymous said...

nothings shocking

Rumpole said...

Sometimes we are astounded by the stupidity of people who post. You defend violence in prison because one bad man was killed? So, under your analysis, murder before trial is ok, so long as the person killed deserved it? You will never see the problem we are discussing until you or a loved one experiences it. We are (or like to boast) that we are a nation of laws. Well, rape is a crime, yet our criminal justice system ignores the fact that many people sent to prison are sexually assaulted under the willful blindness of the people charged to house and rehabilitate inmates.
"Janes Addiction" doesn't cut it as a source of philosphical reason.

Anonymous said...

you watch that video and then you realize why it is so eazy to win a jury trial in miami when the key witness is a cop. "the gang and the government ain't no different."

Anonymous said...

Rump, let's face it, criminal lawyers are not very bright vis other areas of the law. what else can you expect? If they were brighter they would be getting rich on Wall STreet.

Anonymous said...

Sorry "Wall Streeter", but some of us are "constitutional defense lawyers" went into this field of the law because we don't want to spend a 100 hours a week writing legal "opinions" to the file. Personally, I'm too addicted to the rush from trying cases to spend much time in my office anymore.

By the way, I'd take an experienced criminal defense attorney to a corporate litigator any day of the week when it comes to litigation skills. Just look at guys like Albert Krieger, Jay Hogan, Jose Quinon, Roy Black, Jack Denaro, etc. Those guys know how to try a case far better than what you'll find on Wall Street!

jane doe said...

yes... yes... ass-rape and other forms of jail/prison violence are horrible... but how many prison ass-rapes have taken place as a result of police perjury? well, if you consider the huge volume of criminal cases in this country along with the RAMPANT police perjury that WE ALL KNOW TAKES PLACE ON A REGULAR BASIS, i would guess that police perjury has resulted in millions of unfair ass-rapes. that's a lot of diapers. if anyone deserves such a horrible fate... it is certaintly dirty/lying cops... and child-molesting priests too.

Rumpole said...

Sorry but we agree with the poster who disputed the contention criminal defense attorneys are not that bright. Didn't Roy Black set a record for his bar test results? We have met and interacted with our civil brethren. Many of them don't have the smarts or experience to try a speeding ticket. As a whole, criminal lawyers (defense and prosecution) are no different from civil lawyers, with the exception criminal lawyers are easier to deal with and more trustworthy.

Anonymous said...

roy black has become an establishment lawyer. he is no longer an anarchist, anti government type. he has as they say, lost the verve.

Anonymous said...

You are an idiot. Just because he is making money doesn't mean he has sold out. Right now he is fighting the government in Georgia. The defense bar should consider him a friend and we should all remember when people write "hater" comments like the one above that 'no body will hate you for your success more than your friends'. I wonder what Mr. or Ms. "Hater" does when he/she sees Black at a party???

/s/ Don't hate the palya hate the man

Anonymous said...

Federal prosecutors and federal public defenders have ivy league resumes, even better than the stuffy law firm resumes.

Anonymous said...

i think you mean dont hate the playa hate the game. and i dont go to ocean drive mag. parties cause that aint my flow.

Anonymous said...

Anon wrote: If they were brighter they would be getting rich on Wall STreet.

The essential subtext, with which I agree whole-heartedly, is that wealth varies directly with intelligence. For example, we may conclude that Paris Hilton is more intelligent than Roy J. Glauber despite her overt obscurantism. In the same vein, observe that poor people are generally stupid and, as a consequence, that helping them is a waste of time.

Anonymous said...

thx milton.

Rumpole said...

wealth varies directly with intelligence??? No way Jose. People acquire wealth in different ways. Some by inheritance, of which intelligence does not matter. In corrupt countries, wealth is acquired by corruption, again intelligence plays a limited role. In the US, intelligence is an asset in the attempt to acquire wealth, but so are many other factors, including luck, and talent. Tom Cruise may not be smart, but his acting talents allow him to acquire wealth. The same with Dan Marino, who scored 16 on the wonderlic test (out of 50). Finally, desire to accumulate wealth versus desire to fulfill intellectual pursuits also comes into play. So a brillant mathematician who works at a University for 100K a year may forgo millions in internet stock wealth if they spend their time on Fermat's Last Theorem instead of developing a better search engine. Sorry Charlie, but while only the best tasting tuna are starkist, the wealthiest people are not even close to being the smartest.

Anonymous said...

[deleted]

Anonymous said...

PPPPPPPPPPPPPPUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUSSSSSSSSSSSSSSSSSSSSSSSSSSS

Anonymous said...

Does anyone seriously think this cop is going to get jail time? Please - I can smell a W/H probation and 25 community service hours a mile away. At least he can't arrest anyone else and some pending cases will be nolle prossed. Small consolation to the guy who sat in 14 months.

Anonymous said...

"That in controversies respecting property, and in suits between man and man, the ancient trial by jury is preferable to any other, and ought to be held sacred."

- Virginia Declaration of Rights of 1776, § 11, in Federal and State Constitutions 7:3812, 3814 (Francis N. Thorpe ed. 1909)

Anonymous said...

The person who wrote:
The essential subtext, with which I agree whole-heartedly, is that wealth varies directly with intelligence. For example, we may conclude that Paris Hilton is more intelligent than Roy J. Glauber despite her overt obscurantism. In the same vein, observe that poor people are generally stupid and, as a consequence, that helping them is a waste of time.

...was clearly being sarcastic when he joked that Paris Hilton, because of her wealth, MUST be more intelligent than Roy J. Glauber. How do we know? Because Paris Hilton is an idiot and Glauber is the 2005 Nobel prize winner in physics.

Anonymous said...

Actually, if you had ever had the good fortune to meet Dan Marino, you would know that he is quite intelligent and a real asset to our community (i.e., the Dan Marino Children's Hospital). Don't judge a person solely by their standardized test scores Gov. Bush!

Anonymous said...

I thought Dan Marino went to civil?

Anonymous said...

Marino is federal.

Anonymous said...

Bush is an idiot and does not belong on this blog!

Judge Rob Pineiro said...

Sorry re: the seemingly unconnected post. But, am not all that blog adept. Post was in response to 2/26 "Best Job on Earth."
Judge Pineo may blog inebriated, but I'm Judge PINEIRO so I wouldn't know. Am sober as a Judge--not one single autographed desk to my credit, as of yet.

Anonymous said...

I blame Warren S. for many of these prison rapes.

Anonymous said...

because of all his pleas or cause of all the cases he tries?

Anonymous said...

I heard the PD's office hasn't told their attorneys about the arrest of the cop on perjury charges. Since they're barred from this blog, how will they defend their clients in cases where Gary is the eyeball? Guess the matter of lying cops doesn't bother the office too much.

Anonymous said...

Lies have never bothered those fucktards.

Anonymous said...

"Fucktard!?" What a great word. Thank you.

Anonymous said...

Here is the most interesting part of the case you posted.

Supreme Court of Puerto Rico.
Angel Luis García, Carmen García et al., Plaintiffs and respondents
v.
World Wide Entertainment Co., Darrin McGillis, Defendants and petitioners
No. CE-92-126
San Juan, Puerto Rico, December 24, 1992


"The plaintiffs alleged that both contracts were void because they were contrary to law, morals and public policy. As second cause of action, plaintiffs alleged that defendants (McGillis and boyfriend) had physically abused and sexually harassed the minor, for which they sought damages."