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

Monday, July 03, 2006

A Law Student weighs In On KO

A Law Student weighs in on Ko- Ko’d.

I am laughing at some of the remarks made about the KO Morgan suspension case. I did something a little different than some of the commenters - I actually inquired about the matter. [I am in law school and I want to be a criminal defense lawyer, so this situation actually fascinates me.]

Anyway, the case it involved was NOT a "grand theft" case as someone suggested, but a FELONY BATTERY CASE. Also, KO was not asking "what the victim was wearing" as someone suggested, but he was asking HOW THE WITNESS HERSELF WAS DRESSED AT THE TIME OF THE BATTERY.

One might ask, "What difference does it make?" Well, it turns out that the defendant (KOs client) was managing a lounge in a hotel when the incident with the 'victim' happened. There was a free buffet for customers in the inside lounge as well as a separate one for customers outside the lounge. However, there was a 'dress code' to come into the inside lounge buffet the defendant was managing. Anyhow, the defendant was in the process of ARGUING WITH THE WITNESS to leave BECAUSE OF THE WAY SHE WAS DRESSED when the fight started with the actual 'victim.'

As I understand it, KO was trying to make a 'proffer' of the evidence being excluded when judge Collins sustained the prosecution's general 'relevancy' objection. If you actually read Florida law you have to make a proffer to preserve the issue of a ruling excluding evidence being reviewed in an appeal court. So, the lawyer HAD to do what he tried to do. It turns out that when the jury was finally taken out of the courtroom KO wanted the judge to recuse (disqualify) himself because of the way the judge was treating him in front of the jury. Apparently KO believed the judge did something to prejudice the client.

YOU CAN READ THE WHOLE TRANSCRIPT OF THE EVENT AND GET ALL THIS! Maybe he was wrong for reacting like he did. As a wannabe attorney-law student, I am getting the impression that in Florida the lawyers need to be very subdued and meek, OR THEY WILL BE DISBARRED IF IT HAPPENS A FOURTH TIME. Maybe soon Florida's criminal defense lawyers will 'inherit the earth.' Maybe. OH.

By the way: DOES ANYONE KNOW WHO ACTUALLY MADE THE BAR COMPLAINT AGAINST KO MORGAN THIS TIME? I hear it was NOT judge Collins but some other judge that did it. I also found out that a judge named 'Green' made one of the earlier (maybe both) complaints against that lawyer.

THAT SOUNDS LIKE ANOTHER VERY INTERESTING VISTA TO EXPLORE. The need for meek lawyers and vengeful judges. What a brave new world awaits us in Florida.

Rumpole says you get an A for legal blogging. Good luck and welcome to our chosen profession.

28 comments:

Rumpole said...

To clear up a few matters:
1) Lots of email on President Bush's recent appointment to the federal reserve board of governors. By our best research the MISHKIN appointed was a professor of economics at Columbia and NOT a criminal defense attorney in Miami.

2) We said a few weeks ago that we want to take weekends off. If your comments aren't being posted fast enough blame the morons who were posting horrid stuff.

3) We never comment on where we are or arent except to say we are east of the mississisppi, starting a federal motion wednesday, and in a very sour mood because some judge doesn't have the sense to take the week off. When this motion ends, (12 or so attorneys involved, but we are the only one from Miami) the posts will get back up quicker. Friday at the latest.

4) As far as we know they do have computers in Colorado, and we were not killed, and we have paid our electric bill, although we do dodge bill collectors for sport.

Anonymous said...

ahh the days in law school whne one had time to care about such things......

CAPTAIN said...

NORTH OF THE BORDER UPDATE:

It just got even more interesting up north in the race for a open seat in Circuit Court.

Dade County Assistant PD Michele Towbin, an attorney for 18 years, and a resident of Hollywood, has filed to run for judge.

The new seat, Group 57, now includes the following candidates:

Lopez , Samuel D.
Rayson , John C.
Towbin , Michele

Towbin joins a tough race with Samuel Lopez, a Pembroke Pines attorney for nine years and John Rayson, a member of the Florida Bar for 30 years. Rayson has been Mayor of Pompano Beach since 2004 and served as a State Legislator from 1990-2000.

Good luck to Michele.

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

Anonymous said...

as an avid reader of the blog, it is this bloggers opinion that the blog has been reduced to shit, as a result of comment delay. until it changes back to its original form, I shall blog here no more. maybe I will go over to your favorite federal self promoters blog.

Anonymous said...

Juan Gonzalez running against Leifman is not the one that has the lisp????

Anonymous said...

Can someone tell me how a single woman who is a JA can live on a Brickell Avenue condo on State pay? Anyone? Any clues on who I am talking about? Selling perfumes cannot be the answer or we are all in the wrong profession my friends...

Anonymous said...

here's a tip, its KAYO Morgan, not KO. And yes he has a pet chimpanzee and did bring it to the courthouse

Jason Grey said...

Kayo Morgan is a hard- nosed, tough, trial lawyer who fights
For his clients with all he’s got. Unfortunately he practices in Broward where such things are not allowed. I spoke to kayo about what happened, the whole episode was minor bullshit. The Broward judges put a target on his back because he wont lay down.
North of the border lawyers are to be seen and not heard.

Sam I Am said...

Rumpole...

What sucks about moderation is the time frame between comments made and comments posted.

A comment that is pithy on Friday is stale by Sunday. A comment that is subtle to any degreee is lost in the noise when it is posted en masse.

Is there not someone you could trust to co-moderate?

Anonymous said...

Dear Law Student:

Welcome to Florida Courts. Well, the 11th is even worse as Judges and Lawyers here lie, cheat and abuse the law. Be worried about being here as the law of the land is survival and they will not hesitate to call you names, file a complaint, call the media and do anything else to scare you or drag you to the ground. Worse of all, neither the police or any other law enforcement entity nor media will help you as they are all scared or friends.

In conclusion, be afraid. Be very afraid.

Truly yours,
The System of the 11th Judicial Circuit

Anonymous said...

I agree with Rumpole stilts skin

Anonymous said...

I don't have time to go through the transcript, but I'm curious.........did KO make the proffer in front of the jury or at sidebar?

Anonymous said...

To the law student who thinks rudeness to a judge equates to not being meek: Take the Bar exam in Texas or New York where, it sounds, you belong. He did not have to act like a horse's ass to make his point and preserve his record. To act like a horse's ass after a judge tells you to stop is just plain stupid. Worthy of a suspension.

Anonymous said...

Rumpole can we stop with the moderated posts? Just go back to deleting dumb posts.

Anonymous said...

To the law student: I agee with10:51. One does not have to be an A-Hole to make a record. Kayo is rude. His conduct is unneccesary. It is fine to represent your client zealously but we do have rules and appellate courts. If every lawyer acted like Kayo, we would have "Kayous" in the "Kourts" Bottom line is Kayo is a rude a-hole that should not be precticing law.

Anonymous said...

A single JA lives in a rented
Brickell Apartment. So what?

My ex-wife rents in Coral Gables
and she ain't even working!

Anonymous said...

To the person who suggested that I equated rudeness with being meek in the Kayo Morgan case. That lawyer may or may not have been rude, I was not there. Were you? Still, it would be a subjective characterization. Instead of rude, maybe he was too vigorous or felt personally affronted. I just don't know. What concerned me is that in a context (the courtroom in a jury trial in a felony criminal case) where lawyers are expected to be 'adverse' is it so surprising that a lawyer could react in what, to many, may appear as 'rude'? And then, if such lawyer does, is that lawyer to expect 'disbarment' if they do it three more times? I just think there is more to this than meets the eye, that is all. I just hope that when I get to practice law that the First Amendment will protect me too (as a lawyer) in a defense of a client, and that my clients will respect me for my efforts on their behalf. But even if they didn't, I want to respect myself when its over. I happen to be a woman. Men may not understand this entirely, but when I have been at all assertive the impression often is that I am being too aggressive or 'a bitch' or even rude - when protecting a position is what its all about. I have learned to laugh at that in day to day life, even accept it, but if that happens in a courtroom am I to be disbarred if I am perceived that way four times? Anyway, I suspect that there are politics involved somehow with the lawyer Morgan's situation. But I never meant to convey, as you suggested in your comment, that "rudeness to a judge equates to not being meek." Still, from a client's point of view, it might just be rude for a lawyer to appear meek in that client's defense. I just don't know - do you? I don't know if I will be practicing in Dade or Broward or Palm Beach county, or all of them; or even in Florida after I graduate. Perhaps as you say, Texas or New York is where I belong. [You are probably some kind of legal genius or something and know these things better than a common person like me]. But the last time I checked, being an American and all that, I should be able to practice in any of those places regardless of my scruples and definition of 'rude' - if I can answer the bar questions correctly. Huh? Look, genius person (hope I am not being rude now), but you seem to be motivated to making people in positions of power happy with you. That's great. But not everyone cares for that kind of regard. Can there be people like you and people like Kayo Morgan in the same profession? I hope so. Honestly, I hope I am less like you than the "horse's ass" you seem to know so much about. I think you need to read more. Have a nice day, Einstein.

Anonymous said...

The lawyer first requested a sidebar to make a proffer when the judge sustained the state's relevancy objection during cross exam of the state's eye-witness to an alleged aggravated battery. The jury was still there. The judge expressed some aggravation with the lawyer for daring to dispute the judge's ruling. The jury was till there and heard this. The lawyer asked the judge to excuse the jury, which the judge at first refused to do and then relented. After the jury was excused, the lawyer asked the judge to recuse himself. The judge told the lawyer he knew how he treated other judges and would not do it to him. They then argued back and forth. The judge said he found the lawyer "obnoxious" and the lawyer said the judge was too. The judge then said the lawyer was "disrespectful" and the lawyer said the judge was too. When finally the judge allowed the proffer to be made the state objected and judge again precluded it. From what was put on the record it appears the witness was dressed in a casual manner, inconsistent with perhaps a dress code which existed at the time at that place. I think it was preparatory to showing prejudice in the witness towards the client. Very curious.

Anonymous said...

Thank you Rumpole. L.S.

Anonymous said...

Law student: I understand your frustration, but, perhaps before you comment you should learn more about the context of the situation. I litigated against Kayo when I was a prosecutor during my previous life. He was extremely rude in court and lost his case (no surprise since he aggravated everyone in the courtroom with his theatrics). In the case you're discussing, you weren't in court to hear Kayo's tone of voice, see his body language, etc. Given his track record (you've seen the other posts with similar testimonials about Kayo I'm sure), I'm surprised you're taking such a strong position.

Regardless, it took me 10 years to learn this, but...........you can make your argument without being nasty. In fact, most top attorneys are a pleasure to deal with.

PS----I have nothing against Kayo personally. I found him extremely likeable outside of court and haven't dealt with him in a decade.

Anonymous said...

L.S. again. I see another legal genuis is out at 11:55:03 a.m. on 7/5/06. Wow. For sure, not many lawyers may act like Kayo is said to have done. From your position it appears human frailties cannot affect lawyers, but judges can be rude if they want and lawyers are relegated to appeal (I guess while the clients sit in jail waiting for a favorable ruling in THAT court of law - note my smile at this point). You also sound like you know this Morgan guy - do you dislike him? Are you jealous of him? Did he date your wife or, if you're a woman, decline to date you? Was he 'rude' to you sometime? Do you love the judge involved? Are you the judge's friend? It also sounds like you were at that trial. Were you? How do you know these things about the guy? I have only read transcripts because the situation particularly interests me as a potential trial lawyer - but what is your vested interest? How long have you been a genuis like 11:55:03 a.m. on 7/5/06? Also, how do you know what is necessary or "unnecessary"? I have to say, it sounds like you are talking out of your own "a-hole" here. And, you declare your bottom line to be: "Kayo is a rude a-hole that should not be practicing law." Are you a Supreme Court Justice? Are you THE IDEAL LAWYER IN THE WORLD (including in New York and Texas, where the other guy says I should go practice) whereby the STANDARD FOR ALL OTHER LAWYERS IS DETERMINED? When you say things like that, well, I start to believe you are really just a stupid idiot (kinda like the men who want me to be passive and obsequious towards them - I'm smiling again). Actually though I don't want to burden you with the genuis label - I was being sarcastic about that, so relax. I don't really expect much brain power from you. I really don't expect people like you and 11:55:03 a.m. on 7/5/06 to even appreciate what I am focusing on here, but it is nice to bring your types out - because your reasoning processes buttresse my own security about and confidence in my own ideals. And, admit it, idealism is not your forte, is it? You know what else concerns me - with some humor? It is that you actually think chaos in the courts will result because some nice-guy judge is offended by an a-hole lawyer now and then. Are court's that fragile? Well, maybe the judge in Kayo Morgan's case ought to have done what the lawyer invited him to do: Hold Morgan in contempt and put him in jail. Instead, someone (who?) made a bar complaint - I heard it wasn't the judge at the trial (do you know?). Look, whoever your are, try to have a little depth to your intellect, some tolerance of your fellow man -even if they be different than you and less submissive to authority. Maybe, just maybe, you should focus on civil law - and just don't concern yourself with the criminal arena and the things at stake there. HAVE A SUBMISSIVE DAY! By the way, if Kayo reads this stuff I hope you don't think that I think you treated that judge right. I just don't know. But I give you the benefit of any doubt - particularly when you are threatened with disbarment. Maybe we will meet someday. Are you cute?

Anonymous said...

Law student.........you just don't get it. No one is saying that judges can/should be rude or that a lawyer who has a bad day should be disbarred. We're just saying that (1) you are required by the Bar rules to be professional; and (2) you can be NICE and be effective (in fact, most top lawyers are pleasant to deal with).

For someone who claims to be an idealist, you should be able to understand this pretty easily.

Anonymous said...

To Law student: I understand why some people think you are bitchy. Cuz you seem to have a huge chip on your shoulder. (You sure you really are not K.O. in disguise??) Do YOU acknowledge that seven supreme court justices may just have a better perspective than you? Since neither you nor I were there in court, I will simply defer to those who were and those whose business it is to review that record. Their conclusion was that the conduct was unprofessional and warranting discipline. Remember that when you are about to have a temper tantrum, which you seem to be ready and poised for, in front of a judge or jury, hopefully though not one in Florida.

Anonymous said...

My point seems to be proven. No, I am not Kayo in disguise. It would have to be 'in drag.' However, I see good and bad comments about the guy.(Actually, I considered calling the guy to see if he is an arrogant "A.Hole" like some people seem to assume.) But really my concerns are not about HIM. Its about a person - anyone - representing another person and going too far, now and then. Given that, should the person's privilege to practice law be taken away or threatened? How do the clients feel about such a lawyer? I haven't heard anyone - yet, but I am sure now it will be forthcoming - say that this lawyer was not a good lawyer, or that his clients did not appreciate him. He may not even have been practicing very long or, if he has, maybe he was stressed out on some occasions. My uncle was a lawyer and he had a nervous breakdown which he has always attributed to the stress of his practice after 30 years. I don't know what the best answer is. I also am not sure if being "nice" is the ultimate criteria of being a good trial lawyer, or any kind of an advocate for someone else's cause (not your own). Yes, I probably am an idealist. Ideally, people will be - if not nice - tolerant of one another, it is submitted. Thank you all for listening to me and your comments. I wish you all good luck. Should we ever meet - maybe in court - I really do hope we respect each other. If you have to get angry with me, that's okay -I will understand - because no one likes to be disagreed with. And I might just disagree with you. And thank you Rumpole for this forum. It is quite interesting.

Anonymous said...

I'm with the law student...most of the Judges have rotten temperment, are guided by ego, and take everything way to personally. It makes a good hearted and modest Judge like Manny Crespo, Rosa, Murphy, or Firtel much more appreciated.

Anonymous said...

law student: Why don't you watch Kayo in action and settle this internal problem of yours. Check him out in the courtroom, not by a telephone call or personal visit. Go see the a-hole for yourself.

Anonymous said...

Dear Law Student.

If you practice law and do what Mr. Morgan did on the record, then, you too will be suspended and for good reason.

I can not think of any reason why he should not have been found guilty of a Bar complaint for those comments.

By the way, that judge is really not known to be a bad guy.

Most judges would have put him in jail for those comments.

Lawyer of 25+ years.

Anonymous said...

I am not in the law field or anything like that, but I have had the pleasure to know Mr. Morgan in person and he has represented my husband in court a few times in the past, and I can't just read all this and not say anything about it because some of you guys are actually being very unfair.
Kayo Morgan is a very talented atttorney who believes in his clients and fight for them in the court rooms, I have seen him in action and believe me, He is good at what he does, personaly I think his tone of voice is a little high and can be misinterpreted spcecially if the judge already enter the room with the idea that he has been "rude" in the past or because of the monkey episode, anyhow all I want to say here is that Kayo before being an attorney to his clients he is their friend, he gives counseling along with legal advice and even tough he makes his living out of people's mistakes He truly from his heart hopes not to see his clients making the same mistakes twice.