Friday, May 19, 2006

SOCIAL SCENE

THE CAPTAIN REPORTS ON THE REGJB SOCIAL SCENE:

SOCIAL SCENE:
On Saturday evening, 350 guests gathered at the Biltmore Hotel in Coral Gables for the 30th Annual FACDL-Miami Installation Dinner. Our spies tell us that it was a very well attended event - especially given the fact that half the County Court bench has drawn opposition in the Fall election. Judges and their challengers could be seen on opposite sides of the room, wearing their badges, pressing the flesh and jockeying for support.

Ivan Hernandez was there as was his opponent Robin Faber. Lawrence Schwartz and Gina Mendez too. We understand that Judge Murphy enjoyed the entire evening while opponent Josie Velis made a surprise entrance and an even quicker exit soon after her arrival; (we are trying to find out more on that story).
We understand that Patricia Marino showed and she was followed closely by Judge Shirlyon McWhorter. Both County Admin Judges Leifman and Slom were there too. Judge Pando found her way from Hialeah to Coral Gables, and Judge "Shelly " Schwartz was seen handing out pens - just in case you ordered an absentee ballot for the election and needed something to write with.

During dinner, Judge Stan Blake paid a warm tribute to Judges' Crespo, Leyte-Vidal and Dakis. Fed. Judge Federico Moreno was honored with the Justice Gerald Kogan award and gave a funny acceptance speech.

Sworn in as the new officers were Prez. David Marcus, VP Barry Wax, Treas. Rick Freedman and Sect. Faith Mesnekoff.

TOBACCO ROADThe flesh pressing continued on Thursday night at the DCBA-Crim. Ct. Committee judicial happy hour with some new faces in the crowd. According to our sources, new judges Antonio Arzola and Norma Lindsay - both of County Court fame - came out to meet and greet. The beer was flowing as Slom, McWhorter, Faber, Shelly Schwartz, Pooler, Blake, Echarte, Bob Scola, Murphy, and a host of both ASA's and defense attorneys enjoyed the party.

DAKIS TRIBUTE:For those interested, there is a special tribute honoring Judge Linda Dakis on Friday at 4:00 pm. This "Celebration of Life”ceremony is open to the public and begins at 4 p.m. at the Lowe Art Museum, 1301 Stanford Drive, Coral Gables, on the University of Miami campus.
CAPTAIN OUT ...............



A reader who’s schooling omitted several important documents and events like…the Constitution, the Bill of Rights, the Struggle for Civil Rights in the 1950’s and 1960’s, Nazi Germany, etc., wrote in to say:

I really don't understand how some of you members of the defense bar talk as if you hold the moral high ground.Is putting drunks back on the road God's work? Aren't all those underpaid felony ASAs trying to make it less likely that someone rapes your kid? Carjacks your wife? Breaks into your house? Sells dope in front of your kid's school?It's an epic battle between good and evil, and you, 8:15, represent evil.One last thing-- did you ever wonder why you have it so good in State court but federal judges treat you and your clients like the scum that you are? Yes, it is in part because of the differences in the law. Do you think that it is maybe also because the federal judges don't need your fucking blood money and dope money to keep their jobs?

Rumpole responds: At least one reader tried to answer this poster, but quickly became frustrated and the post denigrated into cursing.

This is a job for a professional, so step aside and read and learn:

Dear Sir/Madam:

Dr. Martin Luther King wrote from his Birmingham Jail cell on April 16, 1963, that
“ Injustice anywhere is a threat to justice everywhere.” Now perhaps your view that when the police arrest someone there must be a good reason, and when a Judge keeps someone in jail there also must be a good reason, prevents you from remembering that Dr. King was merely trying to reverse 175 years of racism and our government’s treatment of people of color as second class citizens. Of course, history has shown that the Judge and the Police were wrong, and Dr. King was correct.

However, maybe Dr. King’s frequent arrests and incarcerations are too remote in time. Perhaps you don’t remember a time in the not to distant past when it was common to see signs on Miami Beach that said “no colored or jews” and that police would arrest and the government of our state would prosecute individuals who violated that law. Surely there are some brain cells left in your addled skull that would recognize the need for good counsel and a vigorous defense against the actions of the police and a government that enforced such laws?

Lets move to more current times. Are you aware of how many INNOCENT people have been exonerated from death row after being arrested, convicted and having their initial appeal denied? As Of May 19, 2006 the innocence project has exonerated 177 people convicted of all sorts of crimes whose initial appeals were denied. In this country 123 people have been exonerated from death row as innocent. Our own fair state Florida leads the way with wrongful convictions of death row inmates at 22.

Lets get more local. Ever hear of the River Cops in Miami? All they were were a bunch of City Of Miami Police Officers, who, when not arresting people they didn't like on trumped up charges, were murdering drug dealers, stealing their money and dope (the same dope you worry about being sold to your kids) and dumping them in the Miami River.

Your post mentioned DUI’s. Have you read on our blog recently that veteran Miami Dade Officer Jerry Davenport was disciplined for punching and beating up a DUI suspect, and then lied about it? How would you feel if DUI Tough Guy Davenport beat up your spouse or teenager and then came into court and lied about it? The sad fact is that you will continue in you dim witted beliefs until the police come for you. And by then, when you need us most, it may well be too late.

Finally, you mentioned the differences in treatment between state and federal court. It is true that the defense has less rights in federal court. It is also true that the same government that runs the federal courts has been illegally gathering evidence and illegally taping the phone calls of US citizens without warrants. That same government seeks to hold defendants without bond, trial, or even counsel in certain cases. I certainly hope for your sake that you have not been chatting with any friends from the middle east, or you might just get an invitation to go hunting with Dick Cheney in Cuba.

On the other hand, while we abhor the acts of our government and its abuses of the constitution, if there is any type of individual who is so dangerous, and whose thoughts are so anti-american and whose ideas are so insidious to the principles that our country was founded on, that they need to be locked away forever without counsel, bond, or a trial, —IT IS YOU. We sincerely hope that you get all that is coming to you and which you so richly deserve. Let us conclude in the language that you probably understand best: Sieg Heil.

Your humble and faithful servant,

Rumpole.

See You In Court.

49 comments:

Hubert 'Whitey' Whitney said...

How about even more recent current events starring none other than our own MDPD CST team also known as the "jump out boys". This corrupt group of cops planted evidence, falsified arrest affidavits, stole money, and threatened witnesses. These are the same cops YOU probably did a PFC for and filed their cases. As a result of their criminal activity your office had to drop more than 2 dozen cases and that number continues to climb. Even thr US attorneys office did not go unscathed when they had to dismiss an indictment based on these cops testimony. So the next time you're sittting back in your office drinking some tang and listening to country music remember that there is a real good possibility that you are responsible for putting some innocent person in jail ACHTUNG!!!

Anonymous said...

it appears that "the captain" is a bottom feeder who lurks in county court. most trial attorneys have never heard nor care about what goes on in county court.

Anonymous said...

You wrote:

As Of May 19, 2006 the innocence project has exonerated 177 people convicted of all sorts of crimes whose initial appeals were denied. In this county 123 people have been exonerated from death row as innocent. Our own fair state Florida leads the way with wrongful convictions of death row inmates at 22.


The math doesn't seem to add up.
Well, if 22 people were freed in the whole set of florida, how could Miami-Dade have 123 people freed, as Miami-Dade is a subset of The State of Florida?

Anonymous said...

thats right - most trial attorneys dont care about county court, until they themselves are arrested for misdemeanors, or their kids, or their neighbors, or their friends, or most people they know.

"trial attorney" is the mistaken name that PI lawyers like to be called, because they do anything but try cases.

I am a criminal defense lawyer, I try cases, work out pleas, negotiate other aspects of cases, and defend my clients.

now can we go back to talking about the idiots running for judge?

Anonymous said...

WELL SAID RUMP !!!!!

and to 5:21, he probably meant country - now go have a beer - it's Friday

The Most Right and Reverand Jerry "Player" Fallwell said...

Yee of the Bailey, I beesech thee to reveal thine identity so that we, thine followers, might have a light to follow. A path along which we might travel to attain enlighteness. Thou art a wise and mercurial guide in whose hands we most readily place our souls.I entreat thee to show thyself so that there might be order in this earthly world.

Rumpole said...

Rumpole says.... woops..we meant to say Country...and have fixed the error in the post.

Anonymous said...

From the angry prosecutor who posted at 11:48 last night:

Rump,

For the most part I enjoyed your response. Very well written. I'd like to reply to a few of your points.

Calling you and your clients scum was stupid and lowbrow, and was meant to stir things up. If I retract that one comment, will you please address the following points?

Can we agree that there is something inherently wrong with a system where the judges are reliant on defense contributions to get reelected? Do you really think that any judges are worried about pissing off the SAO? The judges need your money, and therefor cater to you. Take a look at the federal system. Things there were just as grim for the defendant long before this administration, so your points about what our current president is up to have no bearing on this.

Second, the defense bar loves to paint all prosecutors as rabid right wingers and you guys as do-good liberals. That's off base. Where do you think most victims of violent crime live? Are you doing Liberty City and Overtown a great service by getting dope dealers and robbers back on their streets as quickly as possible? Yes, sometimes people are falsely accused or over charged, and all defendants deserve a good defense. But you will never convince me that you do more good for the poor and underpriviliged than I do as a prosecutor.

Third, people can call judicial candidates sluts and other candidates coke fiends, and not a peep from you. I come out with a fairly routine "go state, defense sucks" rant and all of a sudden I'm a Nazi?

In your post you mention that I "deserve to be locked away forever without counsel, bond, or trial..." [for my comments with which you disagree.]

Unlike you, I'm a big fan of free speech. Let me say right now that I won't ever think that you "deserve to be locked away forever without counsel, bond, or trial..." for anything you will ever say or print.

And to that one poster- I hate country music.

Anonymous said...

outstanding post. i am a great defense atty also.

Anonymous said...

Prosecutors could contribute to judicial campaigns if they were paid a decent salary.

Rumpole said...

To the "prosecutor" who replied to our post: 1) we were troubled by our closing comment. No one should ever be locked away for ideas. That was wrong to write, and we sort of did it to complete a literary point and make the post entertaining. 2) I have never ever felt a judge was ruling my way because I gave her campaign a hundred bucks. I am more concerned that Judges pander to the police officers and police union for the support of thousands of votes I could never deliver.3)I don't label or care about the politics of prosecutors. As I have told dozens of prosecutors-you are protecting my community-please do a good job. 4) What drives me crazy is the rigid attitude of prosecutors. I saw a prosecutor the other day refuse to drop a 3rd degree felony when the Defendant was 3 of six years into a prison sentence. The defendant ac'd on the felony because he was in prison. His mom came to court and begged the Judge to do something because it had taken her son 2 years to get into a faith based prison program and if he was transported to Dade, he would lose his slot. The prosecutor responded that he didn't feel any compulsion to help anyone in prison and would be happy to offer probation when the defendant was transported to Dade. Its that type of stupid and rigid thinking that drives most defense attorneys nuts- not asking for 30 years on a 40 year old defendant with 5 priors.

Most defense attorneys (many are ex-prosecutors) want good, tough, ethical prosecutors who temper their job with reason and common sense. The reason and common sense and fairness issues were all traits Janet Reno looked for in a prosecutor. But when I see a county court ASA spend 40 minutes on a bench trial against an un-represented woman who was charged with disobeying the lawful order of a police officer (and arrested and taken to jail) because she didn't know how to drive and her husband left her in an illegally parked car with their infant. When I see a prosecutor work their hardest to get a conviction on a case like that, well, I have to wonder about the training, ethics, compasion, reason, of that prosecutor and his supervisor who sat in court and watched that fiasco until the Judge JOA'd the case. That is what drives me crazy these days.

Clarence 'Lumpy' Rutherford said...

Bennett and KFR...Enough! Don't you guys have something better to do....like strongarm some other politician in the most beautiful city in Florida for some more budget bling. I guess now we finally know the Holes identity. Leave the blog to us mere mortals so we can have some fun too. If you two want a buuly pulpit run for something.....else.

June Cleaver said...

That would be bully pulpit. Sorry spellchecker.

Joe Durant said...

11:48 prosecutor:

i appreciate your more thoughtful reply to rumpole, after your happy-hour fueled rant earlier in the string.

my guess is that youve been out of law school for, ummm...lets say 2 years and are schlepping 3 boxes full of files as a "c" or "b" in some division where you dont get to hammer people (sorry, but thats not your role).

hopefully, you'll gain some insight and perspective after a while. most of you asa's do. i know i did.

Rumpole said...

JOE DURANT! Now there's a name from the past that not many of you 1990's REGJB people would remember.

Anonymous said...

They used to call him "Let'em Go Joe", but, in reality he was a pretty good judge.

Joe Durant said...

maybe the use of late, former judge joe durant was lost on 11:48 ASA.

the use of durant was to illustrate just this: he was an ASA, APD and a Judge... and respected on all sides of the courtoom. while he may have had a defense bent, it was the result of seeing how police and prosecutorial power is abused.
his insight and perspective came from years of experience, which 11:48 ASA doesnt have...yet.

this also dovetails into emma peel's (or was it wahoo mcdaniel) cogent rant of how lawyers should become judges AFTER years of practice and experience...not merely the equation of (hispanic surname + 5 years of traffic tickets=judgeship).

Anonymous said...

I think the lawyer you're referring to has 6 years experience, be accurate

Anonymous said...

THOSE WHO DESERVE WHITE HATS:

Defense attorneys who zealously represent their clients; and

Prosecutors who review their cases, abide by the law, and exercise common sense; and

Judges who abide by the law, remain fair and impartial, and make decicions; and

Police officers who follow the rules and testify truthfully.

Anonymous said...

Finally some wisdom in the form of the 7:01 pm post. Defense attorneys must zealously defend, period. Prosecutors must be convinced personally that the defendant is guilty. Judges must simply follow the law, and cops need to leave their egos at the door and remember they are supposed to PUBLIC SERVANTS.

Anonymous said...

Finally some wisdom in the form of the 7:01 pm post. Defense attorneys must zealously defend, period. Prosecutors must be convinced personally that the defendant is guilty. Judges must simply follow the law, and cops need to leave their egos at the door and remember they are supposed to PUBLIC SERVANTS.

Anonymous said...

Finally some wisdom in the form of the 7:01 pm post. Defense attorneys must zealously defend, period. Prosecutors must be convinced personally that the defendant is guilty. Judges must simply follow the law, and cops need to leave their egos at the door and remember they are supposed to PUBLIC SERVANTS.

Anonymous said...

when i see a cop drop his ego at the door i will donate my next felony fee to any charity in dade.

rump, you seem to be back in the game.

Black & Blue said...

Rump:

FYI. Notwithstanding the Citizen's Independent Review Panel's recommendation that Officer Davenport be fired for his actions (and the risk he poses to the department and the citizens of this county), the chief of police has formally declared that he will NOT take any action on the panel's recommendations.

And the beat goes on .......

Anonymous said...

I have a question, and I will apppreciate an intelligent answer, please. Is it ethical for the newly elected Judge Adrien to want to join the PBA? I sense that there's something wrong there, but maybe I'm just as dense as he is. I mean, officers come to testify before him in motions and trials. it's his job to grant or deny motions, to sustain or overrule objections, and limit how much embellishment some officers do come up with. isn't there a conflict of interest if he joins them, and therefore becomes part of them?

Anonymous said...

Dear Previous poster,

It has dawned on you (and hopefully others too), that "the man" is a collective group of people who are in place, ostensibly, to protect people; but in reality, are in cahoots to oppress people. Judge and cops teaming up is no exception. I think the past 6 or so years of the Bush Administration have showed us that government corruption need not be so out of sight anymore. Don't be surprised to see a Judge on the bench with a police uniform on. Perhaps with the moniker "Macho Camacho" on the name tag.

Anonymous said...

I was also in Freeman's court and saw the ASA in question refuse to nolle prosse that guy's case, the guy in the faith-based defendant. I've dealt with Ricky Stern on many occassions and its like pullign teeth to get a better than average plea out of him. I feel like he's laughing at me most of the time. whatever, so long as I get paid, who cares.

CAPTAIN said...

IT'S SUNDAY, so that means it must be time for anther Reversal of the Week:

WEEK #3 - REVERSAL OF THE WEEK

It seems that we can't get away from those Contempt cases. So here we go again.

The case is Cuesta v. State, 31 FLW d1376, a 3rd DCA case decided on May 15, 2006. The trial court Judge was Julio Jimenez

To his credit, we are assuming that JJJ (Judge Julio Jimenez) gave the defendant a fair hearing on the contempt charge. The defendant, already serving a life sentence for an attempted first degree murder with a firearm, was called by the State as a witness against the co-defendant. Cuesta refused to testify and was held in contempt. He was found guilty and sentenced to six months in the Dade County Jail; (certainly worse than the life sentence he was already doing with the Florida DOC).

JJJ needed to do something more, so he provided added penalties to the sentence: loss of privileges, including no phone, family or contact visits, exercise, television, library or commissary.

The 3rd DCA panel of Cope, Cortinas and Rothenberg, said nooooooooooo to JJJ. While they affirmed the Contempt conviction, they also stated that “we strike the special conditions added to the sentence imposed. We do so "because the trial court is without jurisdiction and lacks the authority to regulate the treatment of prison inmates.”

To all who labor in and about the REGJB - have a great week.

CAPTAIN OUT ....................

CAPTAIN said...

IT'S SUNDAY, so that means it must be time for another Reversal of the Week:

WEEK #3 - REVERSAL OF THE WEEK

It seems that we can't get away from those Contempt cases. So here we go again.

The case is Cuesta v. State, 31 FLW d1376, a 3rd DCA case decided on May 15, 2006. The trial court Judge was Julio Jimenez

To his credit, we are assuming that JJJ (Judge Julio Jimenez) gave the defendant a fair hearing on the contempt charge. The defendant, already serving a life sentence for an attempted first degree murder with a firearm, was called by the State as a witness against the co-defendant. Cuesta refused to testify and was held in contempt. He was found guilty and sentenced to six months in the Dade County Jail; (certainly worse than the life sentence he was already doing with the Florida DOC).

JJJ needed to do something more, so he provided added penalties to the sentence: loss of privileges, including no phone, family or contact visits, exercise, television, library or commissary.

The 3rd DCA panel of Cope, Cortinas and Rothenberg, said nooooooooooo to JJJ. While they affirmed the Contempt conviction, they also stated that “we strike the special conditions added to the sentence imposed. We do so "because the trial court is without jurisdiction and lacks the authority to regulate the treatment of prison inmates.”

To all who labor in and about the REGJB - have a great week.

CAPTAIN OUT ....................

Anonymous said...

for goodness sakes....give us some breaking news, gossip and/or exciting information. i am getting bored. who is having an affair with who, who is on the take, illnesses, hot young asa's and apd's, please.

Anonymous said...

There are more hot young ASA's and Public Defenders in Broward. Dade talent is somewhat disapointing.

Anonymous said...

For all the criticism levied against Rothenberg when she was appointed, it sure seems like she is committed to doing the right thing (this decision was on the heals of her previous decision that judges should be able to order payment to private attorneys handling death penalty cases in excess of the statutory maximum in appropriate cases).

Go Leslie!

Anonymous said...

to 4:33 - only in Brwd. do they spell disappointing with one p.

Anonymous said...

i agree with 12:48. it's frightening that someone like Richard Stern is an ASA. so much power for someone with such a little brain and an even smaller heart.

Anonymous said...

The powers that be at the SAO hire ASA's who can't think and make common sense decisions. They want automatons who follow the office's bureaucratic rules no matter what at the expense of justice, common sense, compasion, logic and efficiency. That's why good and smart prosecutors leave the office in droves.

Back in the old days, judges like Snyder or Mapp would beat common sense into the ASA's heads, but most judges don't bother to do that anymore.

Anonymous said...

Say what you want about Stern's heartlessness, but don't say he's got a tiny brain. The guy is sick in trial.

Anonymous said...

A quarter-century ago, prosecutors were taught to seek justice and do the right thing. Not anymore!

Anonymous said...

To the Broward Blogger: Since when does "hot" equal talent. I'd rather be represented by a less than attractive sharp talented lawyer than a "hot" one anyday....

Anonymous said...

thanks for paying for the attorneys in excess of the statutory maximum (which is a joke to begin with). somehow, i dont think that throwing a few hundred dollars (literally) for a PCAC makes up for the fact the she is a complete a-hole, and seems to have a long history of wanting to eradicate the constitution.

Leslie, thanks for giving us an extra grand after you advocate state sanctioned murder! you are a true pillar of the community.

Anonymous said...

Judge Jiminez, oh wehere to start. Alleged defense attorney for years (widely reputed to have been a hack), old cronies stopping by chambers to ask him what he is doing on the bench, did the robe make him forget the law (if he ever knew it), generally treating people like shit.

What comes around, julio, goes around. you WILL get yours. karma is a beautiful thing.

you couldn't imagine the things people say about you behind your back.one would have to wonder if dozens of bright attorneys (asa's and def attys) are constantly talking about how bad you are, then perhaps there exists the slightest possibility he could open his eyes, look around, and try to make himself a better judge. talk to some respected judges, and ask how they get respect. i have a feeling for the good guys, they will tell you to do the right thing. for you, julio, you might have to look that up. but make the attempt. try to, at least once, appear to have a tiny but of intellectual curiosity.

if you cant do that, talk to some respected judges, and just copycat them. (murphy, glick, blake, l schwartz, young, bloom). add your own list of repsected judges here, 10 to 1 they are better than julio.....

Anonymous said...

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Anonymous said...

Anonymous talking about J. Jimenez surely did not get what he wanted. Those who have tried cases in front of Jimenez we'd like to hear from you.

paul baker said...

i like JJJ personally.

back when he was partners with silver-tounged sy gaer, he and sy represented a sex batt and i was the asa.

when i made my very reasonable plea offer, juilo's reply was:
"10 frickin years for a blow job??? he didnt even come!!"

now thats an attitude we can all be proud of.

Anonymous said...

i love julio also. the guy is the greatest.

Anonymous said...

Julio is a pig!!!

Anonymous said...

zzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzz

Anonymous said...

"stern is sick in trial?" Nice post, Stern. Retard.

Anonymous said...

stern? who the fuck is he? a 4 year prosecutor elevated to D.C..

Anonymous said...

Julio is a nice guy but, probably should be in County Court as he is rather loooooose in dealing with cases.

He means well and can be trusted.