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

Thursday, April 27, 2006

CHANGING TOPICS

Hmm… Lets see if we can change the subject. BENNETT BRUMMER BENNETT BRUMMER BENNETT BRUMMER. That felt good.. Gotta do that once every few weeks or so.

Hmm.. DBR Reporter Julie Kay emailed us that the SAO North of The Border is subpoenaing her about an interview she did with a suspect. As goes the Bush administration, so goes Broward. Don’t worry Julie- we have a bar card and can visit you in jail. Hang in there.


Here are a few tips for any Broward Court appearance:
1) Be careful where you park these days. The fees run high, and if you get taken into custody, at 8 bucks an hour wow, it could get expensive quick.
2) Those people standing in line wearing blue jeans, t-shirts, and cowboys boots are lawyers, maybe even your lawyer.
3) Hire a Broward lawyer (you can tell them by the way they dress, see above) or your case will not get called until the end of calendar and not until the entire courtroom staff has finished the Sun Sentinel’s crossword puzzle and suduko.
Good Luck. We’re rooting for you.


Arzola settling in: Seen at the AA:

A reader writes:

Did someone spike Arzola's coffee this morning? Why was he so nice? His courtroom was still backlogged somewhat but if he keps on going like this I may have something nice to say about him.

Rumpole says, no. We stopped in the other day to see what the fuss was about and we saw a judge being nice, taking attorneys out of turn, joking with un-represented defendants to make them feel at ease. Lets give credit where it is due. It takes time to settle in to the routine of our little building. What we would like to hear are some reports of attorneys who have been in trial before AA.

Speaking of Judges having a rough time, the comments section has had several threads about Judge Thomas. This reader writes:

bottom line. Cathy Parks should've beat Thomas, but she didn't bc he changed his name to TOMAS during the run-off. a nurse-atty w/ 20 yrs experience. bitch of a business. i hope she runs again, bc she deserves to be on the bench a lot more than thomas.he played the race card big time during the thomas-parks race. also, he recently got censured and fined by the division of elections for his nasty and dishonest campaign tactics. nobody seems to have heard anything about that. i wish the herald would be more interested in writing about bad judges

Rumpole wants to know: Is there any scintilla of truth to the fact that Judge Thomas used the name TOMAS in his campaign??? That would be grist for this mill.

Here was a good comment that was noteworthy for poking fun at a judge and a prosecutor (Van Zamft) at the same time:

Judge Thomas would like to plea guilty and throw himself on the mercy of Rump but the judge is being prosecuted by MVZ who is offering Pre-Trial Intervention because they are non-violent offenses and he has no prior criminal record

And in the same vein:


If Judge Thomas is able to get victim approval for PTI, one of the special conditions should be to attend the weapons course taught by David Miller.Side note: Does Judge Thomas wear his robe around town? Somebody said they saw him in Coconut Grove in his robe yelling at a homeless guy for not providing the court with a valid address? Can anyone confirm this?


Imitation being the highest form of flattery, a reader filed her/his own charges:


IN THE 11TH CIRCUIT, IN AND FOR MIAMI-DADE COUNTY, FLORIDA
CRIMINAL DIVISION

FREQUENT READER OF THE BLOG


vs.JUDGE ADRIEN
______________________/

COUNT 1- Practicing law without knowledge of said law.
COUNT 2- Working with no breaks until mid-afternoon.
COUNT 3- Punishing defendants at sentencing because they don't show remorse, and making reference on it on the record for all to see (duh).For all those counts, P.C.A. should be sentenced to traffic court for the remainder of his term, whereupon he can be swiftly sent back to Legal Aid where he can reign as KING.

SINCERELY, a fellow frequent traveler at the RGJB

Rumpole notes, that shouldn't there be an "AKA" of "Camacho"?

The blog is popular in Washington DC these days: A skins fan opines:

The Florida legal community... what a joke!

Rumpole wants you to know that if you come to Florida and say that in front of Phil Reizenstein’s house….well…he’ll call you on the phone and curse you out but good. That’s for sure.

Finally, everyone should go to the Kiwanis Dinner this Saturday that Rick Freedman wrote in about. Rubber chicken, but for a great cause.

See You In Court.

72 comments:

Rick Freedman said...

Thanks Rump:

By the way, we are serving caesar's salad, sorbet, steak, potatoes, vegetables, red and white wine, dessert and we have one of those fancy shmancy coffee bars too.

We expect to raise over $100,000, which will benefit both Friends of Drug Court, Inc. & our Kiwanis Youth Foundation.

You are more than welcome to attend - I'll sit you at my table with Rush.

Rick Freedman

Anonymous said...

Are you begging us to start cracking jokes about Rush and the drug court event? Is he scheduled to graduate? Or, will he give a speech about how drug addicts are a drain on society?

s/ Oxyman

ACS said...

Here comes some help north of the border: Broward judges going to get training. Sounds like it could help some judges:

Circuit Judge Lawrence Korda berated a woman seeking a restraining order for speaking her native Spanish in his courtroom rather than English, said the woman's attorney, Kathy Achille.

The woman made serious allegations of abuse against her husband in her petition, Achille said.

"But rather than focus on that, [Korda] zeroed in on her inability to speak and understand English perfectly," Achille said.

And then there is this:
"They [custodians] may live in, in hovels, where they live, but they don't have to leave places they work looking like a dump," County Judge Leonard Feiner said.

Geez, if Feiner doesn't know these custodians personally, how would he know how they live? I know some rich people who are so messy they, duh, pay those "people who live in hovels" to clean up after them, wipe their kids arse, etc.

former peedee said...

UNCLE BB! UNCLE BB! UNCLE BB!
you're right, it does make me happy.

Down n' out in eff-hell-ay said...

"RE: Changing Topics"

First, ooooh how I heart living in SO-FLO.... My parents (of the news-savvy variety) recently forwarded me an article in the St. Petersburg Times (of all news publications) about Grieco's recent departure from the SAO. I secretly wonder if they were- not so subtley- trying to hint that KFR is a morally debased miscreant and I should head for the hills.

Second, I wonder if the State of FLO had a 3 strikes rule would the wunder-kind of Frundle be looking at a 25 to life sentence? (See above comment about moral debasement) And is that a bad thing? Does Cali have the right idea? Rump, let us discuss over coffee at ABP ASAP!!!!

Anonymous said...

Why would Grieco go out without a fight? If he was fired or asked to leave because of the My Space issue then KFR is a disgrace.

Anonymous said...

i dont think he was fired b/c of myspace. does you (above) believe he was fired solely for having an immature tennie web page? i doubt it.

i have a feeling he was fired (resigned) for 1) using people he was prosecuting for pecuniary gain, 2) seems that a lot of ASA'a were pissed KFR got his back, when she never has anyone else's, 3) the guy became a national embarassment for the office, 4)he is a walking joke.

just some thoughts...

Anonymous said...

SURFSIDE PD::

Seeing as our little hamlet has no crime, the Surfside PD is still doing speed traps with at least 6 officers on Collins at the same location. (Several months now, nearly daily).

Please drive slow through the area. They usually do it from 4pm-7pm, but now I see them doing the AM shift.

Perhaps they read the blog and tried to outsmart us all and mix up the times of their super covert operations. Either way, drive 35 and avoid contact with the man.

Anonymous said...

Look at other allegations against Grieco. That is why he was fired.

I refer to previous allegations running around our office and posted on previous blogs.

Anonymous said...

No, Tannenbaum is not qualified to
handle lead counsel on death cases. I don't know about second chair, but I think he probably qualifies for that part.

Bigger question is why did he take the case in the first place. It's
always been a death case. Was it for the obvious publicity? I think he needs to check himself and ask
what is in the best interest of
the client and not his ego/reputation/business.

Brian Tannebaum said...

On Geralyn Graham:

The State filed a motion for bond review last week and buried in the motion they mentioned she was facing death.

They never filed a notice, and if you saw the story as it was presented on TV, not in the herald, the judge yesterday was none to happy. (they are not required to file the notice but do as a matter of course). Most people I spoke to in the SAO and REGJB were shocked to hear the state was seeking death.

I have my own opinion on how this all magically "appeared," for those folks that want to contact me.

The judge asked yesterday that the notice be filed and that it was not my obligation to assume it was a death case.

I was appointed to represent Geralyn Graham on her fraud charges 4 years ago. I received a call while out of town from Judge Trawick's JA to represent someone named "Jane Doe" on fraud charges.

I had no idea it was Geralyn Graham until I returned, and then represented her on those charges through a jury trial.

When she was indicted for Murder, again, the state never filed a notice they were seeking death, and we had 2 bond hearings, as well as other motion hearings, where the state never mentioned the death penalty.

It was never mentioned in any conversation, letter, pleading, or deposition.

As soon as I received the motion, I responded in writing, and filed a motion to withdraw based on the fact that I have not attended the CLE course on death cases, nor have I tried any death cases.

I believe that was the responsible thing to do.

I was advised by other capital lawyers in Dade to fight this and attempt to stay on the case.

I guess if publicity was what I wanted, I would have done that. But I did what I believed was in the best interest of my client and the system.

I am not a death qualified lawyer, and personally oppose the death penalty.

If you think that the publicity on a case where there is an allegation of a murdered child is good, then please email me and I will bring you along to some of the events and other things I go to where people whisper and say to my face that I am the one representing a child killer.

Talk to anyone who has represented someone accused of this type of crime and ask them if they have enjoyed that publicity. Ask my wife if she enjoys hearing about it at Publix. Ask my neighbors what they think.

Not a single client has hired me and said the reason was that I represented Geralyn Graham.

Have a nice weekend everyone.

Anonymous said...

Seems to me like the State wanted Brian off the case. Shame on them.

Anonymous said...

sounds like a little delay tactic on behalf of the state - i think he was gnawing at the snitch a little bit too much for their liking. Not filing a notice that they're seeking death? What is this, a game to them?

Anonymous said...

ANY WORD ON THE HEALTH STATUS OF JUDGE LINDA DAKIS?

Anonymous said...

who is the prosecutor on the death case that filed the motion?

Anonymous said...

Sally Weintraub

Anonymous said...

that explains it then

Anonymous said...

Why do they let that old dinosaur try big cases? She's not very good at trial. Maybe like 50 yrs ago, but not now.

Anonymous said...

QOUTE OF THE DAY:

"Today is a great day for me. I have been the most handsome guy on TV for the last four days"

-obviously DJ ESQUIRE made the rather amusing statement.

Anonymous said...

who did he make it to? where was he? inquiring minds want to know

Phil R said...

I know many people think I'm Rumpole, so this gets confusing, but I was before Judge Thomas today on a small matter. For the record, I don't have any cases set for trial before him, so I have no reason to curry his favor. I saw a Judge that was polite to everyone, and had several young people who reported to him every last Friday of the month to give him updates on their probation, schooling, and whether they had jobs. That shows me he is a Judge who cares and is trying to make a difference. Whatever his alleged faults as reported on the blog, he deserves credit for what I saw him doing.

Anonymous said...

1) I agree with Phil

2) Someone apparently wants to know about Dakis' health...does anyone know?

3) Brian, I generally think you are an arrogant prick, but do agree with what you have done on the Graham case, and have a lot of respect for your actions. I found your post to be very enlightening and responsible.

4) Can anyone verify that Greico said that, and if so, what the context was?

Anonymous said...

Nice post Phil. I was also in front of Thomas today. I waited a little longer than I wanted, but it seemed to be because of babbling attorneys. He seemed interested in the cases and respectful to all. thats my two cents on my 20 minutes in front of Judge Thomas.

Anonymous said...

Seems like a lot of people LOVE to jump to conclusions. after reading the erroneous allegations against Tannenbaum, i actually questioned what was going on. Then i read his response. If you people who still think he acted unethically, tell us how. As a young defense attorney, I would have followed the same course of action he did. Am i wrong?

obviously this blog is partly about ripping people, calling them names, etc. If you have a genuine allegation, know your facts. report the facts. dont lie and tell half truths b/c you personally dont like someone.

Anonymous said...

BT:
Don't let the haters get you down.
You did the right thing.
It's the state that seems to be on the shady side of the tree.

Anonymous said...

Has it ever dawned on the State that when they try to kill people, they are no different than the people that they are trying to kill. Murder is wrong, it is an absolute...and I would say the same if my mother was the victim (although I would be thinking with my emotions, and would not really be qualified to make a rational decision at that point). When some person in the State attorney's office decides that they can kill a person based on their actions, they are doing nothing more than justifying the act of murder in some instances, and at that, it is no longer an absolute wrong. Those ASA's who puruse death...all of them are killers just like those who they seek to kill.

Anonymous said...

Did anyone see the article that there's going to be a "Move Over" crackdown on MacArthur causeway tonight? Why don't they instruct officers to Move OFF the road?

Anonymous said...

I love Richard Sharpstein! So happy he went all over the airwaves. Have fun with Abe Laeser and Judge Glick. Smart, smart move Richard.

Anonymous said...

Let's just hope Abe doesn't cower to Sharpie's tactics. Anyone see that as a possibility?

Anonymous said...

Hey Brian,
High profile, tv cameras and the Herald. Did the judge do the right thing or suck up to the publicity?
The Herald named everyone but the robe.

Anonymous said...

Stop the BT hating. The man is a good lawyer and fights hard for the bar.

Anonymous said...

Oh yeah, I'm sure Abe's shaking in his shoes.

Right.

Anonymous said...

darth vader wears boots? i assume they are moon boots.

"Today is a great day for me. I have been the most handsome guy on TV for the last four days"

no you weren't, jared from subway was on a commercial wednesday afternoon and he is a hottie!

tiffany13 @ myspace.com

Anonymous said...

In reference to Judge Peter Adrien,it is true that he is very inconsiderate by not providing his staff with a lunch break. I do not know what he is trying to prove. People need a break! He is a very selfish Judge!

Anonymous said...

in reference to the 2004 pd election. 22 lawyers employeed under Brummer put their name to $ in support of Martin. Of those 22 lawyers, they tried 85% of all felony jury trials fromm 2002- 2004. call them turds if you will but all of them are in private practice trying to make it. keep hate alive.

Anonymous said...

provide proof of the above,

-bhb

Anonymous said...

Notice the 11:05 and 11:08 posts. Assume that the 08 post took 1 min. to write. Do you think they may have been written by the same person? I wonder who that person was?

Self Promotion in motion

Anonymous said...

regarding proof.
just go to the elections web page. perhaps captian can help you. it's a fact that is difficult for some people to deal with. i recognize this.
in retro, the whole thing started as a joke, just to bust balls on 5 west. then the old fella got so nasty and things kinda went from there.

Anonymous said...

1) Is there a consensus that this move sort of blew up in Sharpstein's face?

2) I can absolutely guarantee you that the fact posted about the 22 lawyers in Brummer's office is not only wrong and false, but it is also false and wrong.

Anonymous said...

Art k., bill b, dave p, scott p, crystal h., anthony b. gabe m., lonnie 2ook, sabrina p., marcia g, p.j. mitchell, santiago l.,joel d., lynn o., chris d., chris b., anthony b., alex r.,jen s., malaina a.,chris b.
your right that is 21.
but i was wrong. they made up 90% of the trials.

Anonymous said...

2:07 poster....Officers do pull off of the road when they can. Unfortunately, drunk drivers hit them anyway. Remember Danny Smith? Get past your hatred of the cops. They're literally dying for us.

Anonymous said...

Will All Autos Some Day Have Breathalyzers?

USA Today, April 25. Could the day be coming when every driver is checked for drinking before starting a car?

Widespread use of ignition interlock devices that won't allow a car to be started if a driver has had too much alcohol, once considered radical, no longer seems out of the question. Mothers Against Drunk Driving (MADD) gives a qualified endorsement to the idea. New York state legislators are considering requiring the devices on all cars and trucks by 2009. And automakers, already close to offering the devices as optional equipment on all Volvo and Saab models in Sweden, are considering whether to bring the technology here.

The New York bill was introduced by Assemblyman Felix Ortiz, who also sponsored the bill that became the first law banning the use of handheld cellphones while driving. To those who say neither the public nor the technology is ready for such a universal application, Ortiz says he heard similar complaints about the cellphone ban and hands-free technology. He compares the criticism to early complaints about mandatory safety belts.

But Ortiz's bill faces a tough fight. The idea of forcing every driver to pass a blood alcohol test to start a car raises privacy concerns, irritates non-drinkers and has some restaurant industry officials worrying about a march back to Prohibition, or at least the demonizing of social drinking.

MADD and others trying to reduce the 17,000 alcohol-related fatalities a year say ignition interlocks are the only sure way to separate potential drunken drivers from their "weapons"...

Grieco said...

I said "I wish" that were the reason. Asshole. And yes, I'm in the DJ booth wasting my law degree right now. Cheers.

Anonymous said...

I remember Danny Smith, he was a trooper and is now a gables cop, you are referring to his brother, Robert Smith, who was a trooper and one of the finest human beings on the planet. Robert was killed by a drunk driver.

Anonymous said...

I would say there is a difference between death penalty seeking ASA's and the murderers you speak of.

Death penalty seeking ASA's don't take guns to school and shoot up their classmates. They don't get behind the wheel of a tractor trailer inebriated, capable of wiping out a house. They don't toss babies in dumpsters or chop up their mothers and store them in an icebox.

Death penalty seeking ASA's don't go racing in a school zone and use little children for speed bumps, they don't shoot their friends, and then shoot themselves and claim robbers did it. Death penalty seeking ASA's don't molest three year olds.

In short, you can call them misguided. And you can even successfully argue a lot of the wrong people are being put to death based on DNA exoneration after the fact.

But calling death penalty seeking ASA's murderers is extreme and quite exagerrated.

Anonymous said...

Reasonable minds can certainly disagree on the death penalty. But equating prosecutors who seek the death penalty with murderers isn't only extreme and exagerrated, it's one of the stupidest things I've ever heard.

Anonymous said...

thank you for calling my opinion stupid...i respect yours as well. murder is murder is murder is murder, and for civilized, educated human beings to seek it is wrong. Period.

Anonymous said...

why do they sterilize the needle before the final injection? anything to do with liability of infection if the dude doesnt die? damn lawyers.....

Anonymous said...

i didnt supporrt gabe and i went to trial all the frickin time. whoever posted that ridiculous stat is full of hot air. if its true, show us a list of the trials, the lead pd, and proof that those particular pd's openly supported gabe. all that info is public record.

Anonymous said...

the trial stats from back then look about right. and i'm sorry to admit that.

Anonymous said...

i respectfully dissent. i would say in terms of trial statistics, the #'s are at about 50 to 60%.

Anonymous said...

why was brent d. left off the list?

Anonymous said...

Very impressive - 10% of the lawyers supported Gabe. The worst thing in life is to be irrelevant. The Gabers were barely relevant then, and are completely irrelevant now. Only incredible arrogance and delusion could convince these lowlifes that they were indispensable to the PD's office. The office's high-quality reputation was made long before they were there and is even better since they left. Good riddance.
A proud ex-PD.

Anonymous said...

The cynicism here is out of control. I understand the Bennett hating and all, but Warren Schwartz? C'mon. Warren and his wife don't need to work. Yet, they continue to serve the public at the PD's Office. They should be praised for their dedication instead of ridiculed. How many of you would continue to work if you were in their shoes?

They're both down to earth people who deserve better than this.

And, no I'm not and have never been a PD. And no, I'm not and have never support Bennett (I supported Gabe).

Anonymous said...

zzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzz

Anonymous said...

Inquiring mind wants to know. How well off is Warren S? he's such a nice guy that I will never know that he doesn'tneed the paycheck.

Anonymous said...

4 million dollar house. many millions in the bank.

Anonymous said...

Dear proud "x pd":
Are you relevant? Are any of us really relevant in the grand scheme?
Did 10% really try all those cases? Not that that's relevant or anything.

Anonymous said...

I love the prosecutors and pds who think its soooo important how many cases they've tried, especially when then try to get a job in a civil firm and realize that they could give a crap.

the amount of cases you try matters if you are going to remain in criminal law, and only because it gives you experience, other than that, it's only fodder for this blog

Anonymous said...

your a moron 12:06 poster. go rest your feeble brain, it's late.

Anonymous said...

the amount of cases you try depends on the facts of each individual case. you're career or resume should never come into play when gambling with someone else's life. anyone who thinks otherwise needs to go to civil, where its only money, not liberty, at stake.

Anonymous said...

I love civil lawyers who claim that our experience (in conducting investigations, arguing motions or conducting trials) doesn't mean much and doesn't translate to civil law. LOL.

My friends who switched to civil law say that it takes a while to learn the nuances (especially billing) and the games the civil lawyers play. However, the good criminal attorneys who switch end up kicking ass.

The fact is, it's a lot easier for us to learn civil procedure and law than it is for you civil lawyers to learn how to properly argue motions or try cases.

So, go file your interrogatories, take your depos, and file your motions for continuance. Your trash talking doesn't impress us.

PS---I agree with the 11:31 poster. Any criminal attorney who is trying cases that shouldn't be tried for his/her resume and the experience needs to find another job.

Anonymous said...

If you are a pit Public Defender, you have many soldier in your army.

Anonymous said...

if you are a pit ASA, you have many chiefs, yet few indians...

Anonymous said...

sometimes a soldier has to take a hit for the army.

Anonymous said...

Can someone please tell me if Hector the Garbage Collector Lambada weighs 350 lbs. or 400 lbs. I saw his get out of his car and man, that car is taking a over weight beating.

Rump, can we please have a guess his weight poll?

Anonymous said...

¡QUE VIVA LA RAZA!

Anonymous said...

540 lbs. 6 oz.

Anonymous said...

Brian,

Have you ever thought that the guys who do death cases are just instruments of murder.

If no lawyer would take a death case, then no executions.

Anonymous said...

I'm not qualified so the answer is no.

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