Before we begin, remember: Its “Hernandez” with and “H” that stands for “a Hell of a lot of trouble”
Not Fernandez with an “F” that stands for “fine circuit court judge not involved in this mess in any manner and on his way to civil and starbucks.”
County Court Judge Ivan Hernandez was found by the Dade County Bar Association (motto: “Gives us a minute and we’ll figure out a way to tell you why we matter”) to be in violation of the Canons of the Florida Code of Judicial Ethics (number 2million and 4 on Amazon and rising).
The Ad:
In that widely read and influential publication: Libertad News ( June 2006 edition) an advertisement appeared with a picture of Judge Hernandez and our Governor Holly Go Lightly Bush.
There was some accompanying text indicating that Judge Hernandez met Governor Go Lightly on his recent shopping trip to Miami and that “Judge Hernandez hopes to be re-elected.”
The Accusation: That the Ad created the “illusion” that the Governor was endorsing Judge Hernandez.
The Finding:
“That the intoxilyzer 5000 is not held together with snips and snails and puppy dog tails.” Woops… that is obviously another finding by an equally ineffective and unimportant group of Judges and lawyers.
The Finding:
The Ad violates the Canons of Judicial “No No’s” by implying that the Governor has the ability to form intelligent thoughts on his own, and that the Governor endorses Judge Hernandez’s bid for re-election.
Obiter Dicta:
Here is what the Commission also said that seriously bothers us:
”The Commission does wish to note a perceived lack of candor in Judge Hernandez’s July 17, 2006 response in failing to disclose that Marixa Hernandez, in addition to being the Judge’s campaign treasurer, is also his wife.”
The Judge’s Defense:
When will politician’s ever learn? Didn’t Nixon teach everyone: It’s the coverup that gets you, not the original offense? Judge Hernandez is old enough to have learned this lesson, but like so many other failed politicians he ignored the lessons of history and has been doomed to repeat them (no offense or insinuation against the Governor’s mentally challenged brother is meant by this obtuse comment.)
The Judge’s defense was that he was “shocked! Shocked to learn that the Ad was placed.”
The Commission was equally troubled by Judge Hernandez simply writing “No” to answer a series of questions about if the Judge knew who placed the Ad, knew who paid for the Ad, and knew who he was married to.”
What this all means:
Judge Hernandez defended himself against the accusations by essentially stating that he did not know that his Campaign Treasurer, who is also his wife, placed the offending ad in the newspaper. It is also possible to read into the Judge's curt one word reponses, that the Judge does not know who his wife is.
Judge Hernandez is showing himself to be an unprofessional and uncaring politician who sadly demonstrated a complete lack of respect for an investigating body.
Judge Hernandez would not tolerate a Defendant displaying that type of lack of candor and disdain for his court when he conducts his extraordinarily complex and lengthy speeding ticket arraignment calendars in South Dade.
We have steadfastly supported Judge Hernandez in the past.
We sympathize that he has incurred the wrath of “he who must not be named” who is as easy to get rid of as a bad case of syphilis. Just ask any member of the Florida Bar being sued by “He who must not be named.”
But we judge the Judge on the facts, not on who his enemies are.
We invite Judge Hernandez to respond to the findings of the Dade County Bar.
Other Judges have used the pages of this blog to explain their actions and in each and every case we have given them open access to state their case.
Until that time we are left with the fact that Judge Hernandez is not in control of his campaign and does not supervise or have any say where his campaign money is spent.
The fact that Judge Hernandez’s wife controls the purse strings of his campaign may indeed put Judge Hernandez into the same category of an overwhelming number of married American men who can sympathize with his plight.
Understandable? Yes.
Acceptable? Not for a Judge.
Even a Judge In Miami.
See You In Court.
When you see something that is not right, not fair, find a way to get in the way and cause trouble. Congressman John Lewis
JUSTICE BUILDING BLOG
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. Winner of the prestigious Cushing Left Anterior Descending Artery Award.
213 comments:
1 – 200 of 213 Newer› Newest»I am not a bad case of syphilis. Stop messing with me or I will sue, you, your mother, brother, uncle, that neighbor and all your future born children.
I told you never to mess with me. You shall now be condemed into the wrath of Mr. Sue Everyone.
why are you endorsing Fernandez with a "F" he was one of D'Arce canidates in 2004. Should we not be pounding him?
Rumpole please advise on this subject ASAP because I will need to change bumper stickers.
Rumpole
What the hell is the alternative? Robin Faber? Even fake brummer can't stand him. He is a wee wee to the 3rd power. Hernandez, you must repond to these allegations.
No endorsement either way yet, but the Judge, who denied knowing who he was married to, is not leaving us much choice. Maybe no endorsement is best in this race.
I'm too busy naping in my car in the Gables to care. Warren Schwartz will handle this for me.
Is what Hernandez did (or didn't do)and his defense (for lack of a better word) thereto any worse than Pando lying under oath to the JQC?
Rumpole if you do not endorse Robin Faber, I will leave this blog forever.
I will also represent "he who should not be named" FOR FREE in a lawsuit to shut you down.
You have been warned
pando lied to the JQC any links on that?
hey bad ass I want to sue hernandez will you help me?
give us the pando pando pando details please.
i know all
maybe im the real brummer and I know I dozed off in my beemer in the Gables and I'm damn proud of it.
PS: Any PD's who come running to me Monday to ask about me sleeping in my car in the Gables last year, DON'T.
I like: The Real Brummer and the fake real fake brummer; But I don't like: Fake Brummer one bit.
Got it?
stop saying this
Migna Sanchez was a Federal P.D.for 2 years and some month:job was to difficult and she wanted easy work so she went back to Brummer office.Who leaves a job
that pays double,no almost 3 times what she was worth.
She also had 3 year commitment and broke it.
Brummer should be ashamed.
brummer is ashamed only of vagrancy and sleeping in his car
whats the big deal? so the man likes to nap in his car. don't we all?
What about a north of the border candidate who has a picture on his campaign for court judge web site of him and a former president and him and a former vice president?
Rumpster, please----weigh in, and
take a look at some of the things going on.
The only way I would vote for Bronwyn Miller is if I was at a wet T-shirt contest.
how old is she?
I almost decided to vote for alvarez because of the inexperience of both and I flip a coin and alvarez won.
well I thought about it and then Mayor Carlos Alvarez said in public that he endorses miller. when someone as great as our mayor says do this I must obey.
Sorry for my quarter
I flipped a coin and Miller won.
I forgot who my wife is.
I like this defense.
I am NOT with Juan D'Arce leave me alone NOW!!!!!
Judge Pando is the worst judge our county courts have seen in a long time. She panders to everyone, but the State. After MADD sent her a letter, she set a huge bond for a DUI offender and gave a TV interview about it WHILE THE CASE WAS PENDING. The defense attorney filed a motion to recuse (never a good idea for a defense attorney to do when she is judge), which the State conceded.
The Supreme Court opinion reprimanding her for her campaign misconduct can be found at:
http://www.floridasupremecourt.org/decisions/2005/sc04-1636.pdf
As part of the settlement, she ADMITTED:
1. Misrepresenting the source of a loan in an attempt to avoid the $500 limit;
2. Failing to disclose that her mother and step-father were the source(s) of numerous loans in excess of the limit;
3. Inaccurately reported the source of certain contributions in her campaign reports;
4. Made statements "tending to mislead" the JQC about a loan during the course of her deposition by special counsel.
She was reprimanded and fined. Big deal. She should have been removed as Justice Lewis argued. Until the SC gets serious about this stuff, people will keep doing it. We get what we deserve.
I love the JC Planas issue. This guy is such an arrogant dick that his own cousin, JP Planas, is running against him in order to confuse voters so that the other canidate in the race will win. This smells like a plan devised by a De la Portia. Capi, I'm suprised you were scooped on this issue.
By the way, we all love Pando so don't waste your breath.
miami miami calm down lets deal with one scandal at a time.
we all know we are the capital of corruption but we need to take one scandal on this blog at a time.
Pando issue next week's blog subject. This weeks it is Judge Hernandez. Last week was Juan Gonzalez and week before that was Juan D'Arce.
Look we have and will always have scandal in Miami so just relax and wait you turn to have your scandal talked about on this blog.
man I cant read all the cirruption in miami in one day.
Rumpole said...
this is Miami we do not care about broward. Only in the Republic of Miami (no passport required) do we care.
Can we deport Judge Hernandez to broward. You guys could you at least one scandal.
what say u
Very clever, but you are not the real rump!
i posted an experience i had with phil r. wherein i gave him a bad defeat when he was a prosecutor. the post was deleted. this proves that phil r. is rumpole! as if anyone cares.
I'm tired of this shit about Hernandez. Faber is a good guy and will be a good judge. He's smart and worked in the pits a long time. He's not arrogant or selfish. He didn't have to return from private practice to work for the PD but he chose to in an area where no one likes to be and he has worked hard to improve the system. You assholes that demean him don't know what you're talking about. There are no skeletons in his closet or dirty laundry to air. He has simply been a good public servant and will be one on the bench. He was smart enough to choose a race that actually meant something against a bad judge who needs to be taken out. You can vote for him because he's the anti-Hernandez, I'm voting for him because he's Robin Faber.
Damn straight, 4:51:58. I worked against Faber as a prosecutor. When I came to Juve he was in my court and he knew the system cold. He never set me up to get f*cked by Leon and what he cared most about was doing the right thing for the kids. I learned a lot from him and respect him for it. He gets my vote too.
Where the hell is the Herald on this? KFR? Hernandez's actions are a violation of law. How can anyone respect that? I'll vote for his opponent on the basis of that alone.
Lying in any form for a judge is pathetic. Pando admits lying to the bar. Hernandez is found to be lying. Shame on both of them. No wonder both are at the bottom of the bar polls.
Rump, I can't believe you're dithering about your endorsement in the Hernandez/Faber race. Not that I (or anyone else except maybe the candidates) care about your endorsement, but you at least struck me as a fairly intelligent, stand-up guy. The kind of guy who would recognize a corrupt hack when you saw one. The kind of guy who wouldn't hesitate to call a corrupt hack a corrupt hack.
I'm not from Miami, and I don't plan on staying much longer in this god-forsaken corrupt banana republic, so you can be sure I have nothing personally invested in the outcome of this race. Still, it seems pretty obvious that Judge Hernandez represents the worst of Miami--the corruption, the laziness, the incompetence, the ethical lapses, the cronyism, the ethnocentric politics, the mediocre intellectual mettle. Judge Hernandez is the perfect stereotype of Miami, and it's because of him and all the other two-bit hacks just like him that Miami will never be respected or taken seriously in the rest of the country.
I don't know Faber personally, but I do know that he is someone who has devoted much of his life to public service and isn't part of the corrupt network of petty pashas and political potentates who run this place. That alone is reason enough to elect him.
Lying takes many forms. What about Patty Whatshernamethisweek adding 'Pedraza' at the last second despite never using it professionally before she filed. Is that lying? Or George Alvarez not using his first name trying to confuse voters because the county mayor is so popular? Why are those OK?
To 5:09:39 - Yes, Yes, and neither is acceptable. A judge is supposed to be held to a higher standard of ethics and candidates that do not hold themselves to that standard don't deserve the robe.
Let me get this straight. Judge Hernandez doesn't know what his JA is doing in his chambers and doesn't know what his wife is doing in his campaign. Does he know anything at all? Isn't it his responsibility to know? If he truly didn't know then he's an ignorant man who can't see past his nose, how's he supposed to be fair if he can't tell what's really going on. And if he did know then he's a conspirator and a criminal himself. I don't know what's worse.
Hernandez vs. Faber - let's see. Poorly respected judge with an ethical problem and a criminal for a JA vs. long-time PD who has never been accused of wrong-doing. Hernandez has a sustained bar complaint, a campaign violation and a JQC investigation pending. Faber has none. That doesn't seem to even to me.
Hernandez is the guy who looked the other way while his JA ran candidates against sitting judges as if it doesn't matter and he continues to defend both the JA and what he was doing despite nearly universal condemnation for it. D'Arce must have some really good stuff on the judge or Ivan truly is clueless. Neither of those scenarios is very good either.
Faber is merely the messenger regarding Hernandez. I don't condemn his campaign for it, I applaud it.
Clap, clap, clap.
Me, too.
Can we put his shit to bed? There are other races that are important too.
They're all important, but this one is the key. Hernandez represents the head of the snake. And you have to take out the head to kill it.
I don't agree this is the only important race, the others are Miller v. Alvarez, Leifman v. Gonzalez and McWhorter v. Marino-Pedraza. In all 3 of those races the challenger (Alvarez, Gonzalez and Marino-Pedraza) is represented by D'Arce. It's taking HIM out that's key.
He may be in other races you know, didn't we see them all in that photo? Wasn't Veliz there, and Millan, Mendez and Del Pino, too?
I know Vicki. She's not using Juan. Don't know about the others but she is definitely not.
Hey Rump. Who is using D'Arce?
The only one I know for sure is not is Faber.
whoever wrote that judge miller is inexperienced clearly does not know her. she was a great prosecutor and tried dozens of high-profile cases. i have appeared in her courtroom in south dade and she is smart and terrific.
My hat off to Rumpole and to all the people who posted above.
This blog became a place for a serious discussion and I am pleased of each and every one of you for taking this matter serious.
We have 30 days to cut the head of the snake Juan D'Arce and if we cant get this guy out Miami is doomed.
6:03
I was making a joke about Judge Miller. She is qualified and I agree with you.
I am with 6:05pm
Hey 4:09- The post WAS NOT deleted. There have been far worse posts about me and my family that Rumpole has allowed to stay up although I have emailed him to remove them. I responded to your post and shall do so again: I know the cases I lost as a prosecutor and without exception I am friendly with the defense attorneys. For instance, for no reason I can explain, Lou Casuso was able to get an acquittal of a correction officer who was DUI and hit and injured a cop. That was by far my worst defeat and Lou and I are friendly. I won more than 90 of the 95 or so trials I did. But I did not win them all. No one does. And I am not ashmed of my losses. I tried hard, did my best, and usually learned something when I lost. There is only one defense attorney who after a trial was not friendly with me. In fact he took a swing at me, and JR the bailiff had to restrain him. I won that case.
So- if you want to brag that you won a case I prosecuted, go right ahead. But show some courage and post your name.
You know PHIL R or simply always fuckin pissed phil. Why dont youy just shut the fuck up once and a while and maybe someone will listen.
Every single time anyone mentions your fuckin name we get a fucking 10 page response.
NEWS we dont give a flying fuck about YOU. YES YOU.
This was finally a discussion about serious issues in dade county and then KISS ass PHIL R a/k/a one of five attorneys who sent Judge Hernandez campaign donation ruins it.
Look next time send Rumpole a fucking e-mail and leave the rest of this blog alone. OK asshole.
adios amigos
ummm Phil R. you have a way with people
Hey get the family photo of all Juan D'Arce's canidates.
go to this link:
get the family photo of the seven together in may 2006
http://www.miaminlpoa.org/Alexander_Acosta_US_Attorney_Southern_Florida_Miami_Luncheon_NLPOA.htm
JQC complaint was filed regards Judge Hernandez wearing his Court room robe at a fundraiser event check out the link about no BS
Florida Supreme Court Justice Lewis: "...if conduct is so egregious as to require monetary fines, the judicial office itself has been soiled and damaged. If we continue down this path, in my view, we undermine trust and confidence in the judicial system...in my view, the imposition of this fine, the amount of which is clearly designed and intended to represent the enormity of the reprehensible behavior, sends the message to future candidates that they may violate the Code and commit ethical breaches, if they are prepared to pay a monetary fine following the election. The kind of promises and type of condemnable campaign behavior demonstrated here tarnishes the very purpose for which the judiciary was established--to fairlly and impartially consider any and all matters...I conclude that if the actions are so reprehensible that the majority believes the imposition of a (large) fine is juustified, those actions must certainly justify removal from the office so tainted." In re: Pando. 903 So.2d 902 (Fla. 2005).
The Captain Reports:
The Dade County Bar Assc. Judicial Poll was mailed recently and should be arriving in your offices no later than Monday. The deadline for returning the Poll is August 14, 2006.
With so many contested races, this Poll becomes a very important tool for the candidates to use in their campaign literature.
Please take the time to vote in the poll and mail it back on time.
The voters of Dade County need to hear from the practicing attorneys who know something about these candidates.
If you need to review the contested races, please go to the Sunday, July 23 main story on this Blog entitled, "THE CAPTAIN'S MIAMI-DADE COUNTY ELECTION BIOS"
VOTE....................
CAPTAIN OUT ..................
oh jesus crist captain give it a rest already who listen to you.
there is like 10 people reading this blog and captain writes as if he has a captive audience of like 20 people or more.
give it a rest people
who is pando fighting with this year on the ballot
Leave Phil R and the Captain alone. Whomever is posting is one angry dude. Chill out. The world does not owe you an apology.
Note that we removed the fake posts from Phil Reizenstein but left the criticism up, for those conspiracy theorists among you, you figure out if that is significant or not.
As to the Captain, this is what he does, and he does it well. Why all the hate against him?
Keep this crap up and we will shut the posts down for tonight and then you will be left going to the porn websites. Chill out.
PS Jerk: we average 450 readers a day and are damn proud of it. I get email from lawyers in Boca and West Palm telling me this is the first thing they read every day and we have quite a following at the U of M law school and Nova and St Thomas, so there.
rump just admit you are PHIL R and Captain.
C'mon it does not take a rocket science . You might even be he who should not be mentioned
refreshing your site every 100 times by your 10 readers will cause those hits. Jerk out.
lol
oh philly boy you are such a tough guy you were such a great prosecutor. geez your ego is approaching reiffian proportions who claims he only lost one trial in 10 years. if you werent such a coward you would admit that it was you who started what has now degenerated into the d'arce/hernandez blog.
how dare you talk down to anyone about courage when the whole world knows beyond a reasonale doubt that you are rumpole
I agree you have to be PHIL R because he never responded. Anyone who knows PHIL knows he had a temper problem and Rumpole tends to have a anger problem
this is getting good.
I don't have an anger problem. Because I can do this:
try posting now.
Rumpole that guy is a asshole.
Let me kick his ass for you please.
The Captain wishes to thank his loyal readers for their support.
The Captain is not Rumpole; and Rumpole is not The Captain.
And to 7:08 pm, I say zzzzzzzzz (to borrow a phrase from our loyal blogger).
say what you want about Reiff, captain, Phil R, but there is one difference. I have the power. You don't. I'm going out to dinner now, and you cannot even vent on this blog to entertain yourself as you sit in your dilapidated apartment eating oreos and potato chips pondering the miserable state of your pathetic life. Your life is so pathetic, you can't even respond to this. Have fun on jerkoff.com.
how did you know I was eating Oreos
"Judge Hernandez is showing himself to be an unprofessional and uncaring politician who sadly demonstrated a complete lack of respect for an investigating body"
You said it Rump. It's a lack of respect. For the Bar, the judiciary, and the community.
I love you rumpole
were is my many post
rump or captain, do you know anything more about the other candidates other than "first campaign". Like Armenteros Hugo Chavez. Didn't she, as reported by the herald, show up at the elections office to qualify against Slom alongside D'Arce and then pleaded the 5th to all of the Heralds questions unless she spoke to her lawyer...uh, i mean her handler...uh, I mean her husband first? Then she was forced out into the new county seat. Who forced her out. I think she probably had a better chance against Slom, eventhough I gave him a contribution
Where are my chambers?
hey can I get more oreos and chips
Hernandez won't reply to your offer, Rump. If he doesn't he gets skewered (deservedly) and if he dignifies you with a response he gets it worse. There is no defense, only excuses and they are all lame. I only wish the greater community knew about this.
Try and play nice now, OK?
LOL. Some of you are such hypocrites. You guys crush Hernandez and let Pando skate.
Could it be because Hernandez doesn't rule for the defense at every opportunity like Pando does???
Gee, I wonder why people don't take your complaints about judges seriously?
why has Phil R not responded
who is pando running against?
hiprocrit over
you guys will piss your pants laughing after you see this letter sent to pando last month regards her new campaign finace issues
http://www.precinctfind.com/pdf_fl_dade/rpt_398_92A_1407.pdf
here is your answer:
County Court Judge Group 10
Sari Teichman Addicott
vs.
judge Ana Maria Pando she has $70,280.00 collected donations
Yes,the Dade County Bar Association Bar Polls are in the mail:unfortunately as the Herald indicated today"it is a high school"popularity contest.Of the 5000 or so members of the Bar only abour 1200 to 1300 members vote:of that number probably 600 vote for circuit court judges,400-500 at most for county judges and far less for branch court judges.If you are a former A.A.A. or P.D.you get that offices vote,or if you have friends in major firms a memo to all attorneys helps secure votes.So one office may and does make a major difference.Even the Bar leaders agree with this analysis but the public has become accustomed to seeing these polls.
Endorsement are now being provided by organizations having nothing to do with the judicial system,including homeowners association,Latin and Hispanic Builders Associations etc.Why?Fund raising,power plays,ethnic superiority.
The public is getting hurt as is the judicial system because of all the nonsense going on.Judges should be elected on qualifications and community service
and not on appearance,ethnicity or how many"junk"endorsements they receive.
Rump, you endorsing or not and when? Before or after DCBA and CABA?
who got AFL-CIO endorsements?
Pando Pando Pando....
Oh Pando my Pando...
I just like saying "Pando Pando Pando."
True or false: Country Dave's picture hangs in the front desk in PD's office because he is banned from the PD's office for threatening everyones favorite car sleeper, the twin B himself, Bennett Brummer.
Warren Schwartz, can you please respond to this????
fake pando whats the deal :-)
is this a "he who cant be named" part two against judge pando.
I feel a relationship here.
10:05
true or false
I dont care
I love Pando.
I lust for Pando.
Pando Pando Pando.
Lets start a song:
Once there was a Judge Named Pando
Pando Pando Pando
Then this Judge got opposition
Pando Pando Pando
Now this Judge has to run
Pando not judge Lando.
next verse?
10:05 THE ANSWER IS TRUE. IT'S A FUCKING OUTRAGE.
hey whats with all the anger tonight. I am out of oreos and chips.
I guess no dates
Pando looks ridiculous with her little boobies hanging out--not very judicial.
nothing will beat how manno showed her fake tits in the last race. no wonder she lost.
WELLLLLLLLLLLLL, pando's trying hard.
whats with the tits and stuff. why you do not like pando.
she is a nice person, so she made a little mistake in reporting $25-k loan, dont we all make $25-k loan mistakes? I know I do every day when I visit the bank and I just stop in the following day and return the money and its just a opps situation.
please be fair
Overmann, Pettus, and Richardson are banned from the PD's office. No one knows why. Rumor is that Lonnie is actually Bennett's long lost son.
What other candidates/judges have fake tits?
i love rumpole.
Overmann is banned? We are interested in this. May do a post on our old friend BB.
ANYONE WITH INFORMATION ON WHO IS BANNED FROM THE PD'S OFFICE OR IF YOU ARE BANNED AND WANT TO SPEAK ABOUT IT- EMAIL RUMPOLE- A POST IS IN THE WORKS.
I do not blog ever and then I did google search and just laughed so hard.
Great Job.
bring it on you old fart
ladies and gents, I present to you the Real Rumpole:
David Oscar Markus is a magna cum laude graduate of Harvard Law School.
The National Law Journal selected him as one of the top 40 litigators in the country under 40 years old, and it has recognized one of his trial victories in federal court as one of the top ten defense verdicts in the country for 2003.
While at Harvard, he argued in front of Supreme Court Justice Anthony Kennedy who named him best oralist. After graduating from Harvard, David served as law clerk to the Honorable Edward B. Davis, then-Chief United States District Judge, Southern District of Florida. Following his clerkship, David worked as an associate at Williams & Connolly in Washington, D.C., and then practiced as an Assistant Federal Public Defender in Miami.
A founding partner of Hirsch & Markus, LLP, David recently moved downtown to start David Oscar Markus, PLLC, a firm focusing on criminal trials and appeals. He is a member of the Florida and Washington DC bars. He is also admitted to practice in the Southern, Middle and Northern Districts of Florida, the Eleventh Circuit Court of Appeals, the Federal Court of Claims, the Federal Circuit, and the United States Supreme Court.
David is the president of the Florida Association of Criminal Defense Lawyers – Miami Chapter and is on the board of directors for the Federal Bar Association. He is the Southern District of Florida's national representative for the Criminal Justice Act Panel, and is the vice-chair of the National Association of Criminal Defense Lawyer's amicus committee. David also used to co-author the Fourth Amendment Forum, published in NACDL's The Champion.
David has lectured on different aspects of the criminal trial and
appeal, has taught legal writing at the University of Miami School of Law, and is an adjunct professor at Florida International University College of Law, teaching advanced criminal procedure. He is frequently named as one of the top lawyers in Florida by the South Florida Legal Guide, Florida Trend Magazine, and the South Florida Business Journal. David has been quoted in publications around the country, including The Miami Herald,
The Sun-Sentinel, The Palm Beach Post, the Daily Business Review, USA Today, The New York Times, The Wall Street Journal, The Boston Globe, Law.com, and CNN.com. He has written opinion pieces for the Miami Herald, and is the author of the popular Southern District of Florida blog.
Rumole's a busy man and gets results:
This is a small sample of David Markus’ cases. This should be used for informational purposes only and not as any promise as to the outcome of your case. It is always advisable to request this sort of information from any potential lawyer you may hire. Material presented on the David Oscar Markus PLLC website is intended for information purposes only. It is not intended as professional advice and should not be construed as such.
United States v. Edwin Rivera. This case involved 288 counts of RICO, Medicaid fraud, mail and wire fraud, and over 500 boxes of discovery. The trial of these 10 defendants lasted 6 weeks. Mr. Markus’ client was found not guilty on all counts. This was the largest prosecution ever in the Southern District of Georgia.
United States v. Roderick Carter. The well-publicized G-case, Mr. Carter was charged with two drug counts and a gun count. At his first trial, the jury (headed up with a foreman named Innocente) acquitted Mr. Carter of the two drug counts and hung as to the gun count. At the second trial, the district judge granted Mr. Carter’s motion for mistrial because there were too many Gs on the jury. At the third trial, a fair and impartial jury consisting of all the letters in the alphabet acquitted Mr. Carter of the remaining count. Mr. Markus’ unique motion for mistrial garnered national attention. .
United States v. Francis Dow. The Government alleged that Ms. Dow, a fight attendant for British West Indies Airways, carried 15 pounds of cocaine into the United States. Although she admitted at the border that the luggage was hers and that she packed it, her defense was that she did not know that the cocaine was placed there by someone else. Most noteworthy was Mr. Markus' first of its kind opening statement in which he challenged the government to call Ms. Dow as a witness. "Our defense was that the truth was on her side. We explained that she had nothing to hide and would gladly be a witness, even if called by the government." Ms. Dow testified and the jury acquitted her in 12 minutes. The verdict was recognized as one of the top ten verdicts of the year by the National Law Journal.
United States v. Jessie Aguero, et. al: The well-known Miami cops case, where four City of Miami police officers were accused of obstruction of justice in connection with one Alex Anazco. Mr. Markus and co-counsel were able to demonstrate that Anazco was a career criminal not worthy of belief, after which the case was dismissed in the middle of trial. Mr. Markus also fought the government’s excusal of Gloria Estefan as a juror in this case.
United States v. Larry Green. This was a six week trial involving numerous snitch testimony and wiretaps. There were 7 co-defendants. Markus’ client walked out of the courthouse after the not guilty verdict on all counts. He was facing life in prison.
United States v. Moran Shepkaru. This three week trial involved 10 counts of wire and mail fraud and conspiracy to commit those acts. After the jury acquitted Ms. Shepkaru of all the substantive acts, the judge granted a judgment of acquittal on the conspiracy count. The government appealed this finding and the case is currently pending before the Eleventh Circuit Court of Appeals.
United States v. Garland Hogan. Mr. Markus took over this case at the Supreme Court level after Mr. Hogan, a lawyer, lost at a trial and lost in the Eleventh Circuit. After the case was briefed by Markus, the United States Supreme Court reversed the judgment of the Eleventh Circuit and remanded the case for reconsideration. The case involved novel Blakely and Booker issues and was covered by the local media.
United States v. Miguel Martinez-Sotolongo. Mr. Martinez-Sotolongo was charged with obstruction of justice. After a trial, a jury found him not guilty of all counts.
United States v. Latrone Holton. This case was a demonstration of the use of the pre-trial motion. After Mr. Markus filed over 10 pretrial motions and then proceeded to trial, a jury acquitted Mr. Holton of serious federal charges.
United States v. Glenville Manyou. The government claimed that Mr. Manyou was in contempt of court for not testifying against his cousin. The court dismissed the indictment, granting Mr. Markus' motion that the indictment violated the double jeopardy clause.
United States v. M. N. The Secret Service, posing as 13 year old girls, engaged in a chat with Mr. M.N. over the internet. He was charged with attempting to induce a minor to engage in sex. The government was seeking a sentence of over 3 years. The district court agreed with the defense's motions for downward departure and sentenced Mr. M.N. to probation with no jail time.
United States v. Edgar Pratt. Mr. Pratt was charged in the Gloria Envias money laundering indictment. After successfully litigating numerous pretrial motions, the government dismissed on the eve of trial. The case was covered in the Miami Daily Business Review. Each of the other defendants was convicted.
United States v. Angel Esteban Rojas. Mr. Rojas was charged with possession of counterfeit U.S. currency. After Mr. Markus successfully litigated a motion to suppress statements, Mr. Rojas proceeded to trial. Despite finding the counterfeit currency in Mr. Rojas' wallet, the jury acquitted in less than 30 minutes.
United States v. Pamela Crouse. Ms. Crouse was charged with being a felon in possession of a firearm. The firearm at issue was a antique rifle used in World War I by her grandfather. Mr. Markus secured a dismissal of this federal case.
United States v. Danny Tarver. Although Mr. Tarver was the one charged with a crime, the case turned out to be a trial on the accuracy of identifications. The jury agreed with the defense and acquitted Mr. Tarver, even though four police officers "identified" him as the perpetrator.
State v. Dr. W.V.. Dr. W.V., a child psychologist, was plucked out of his home one night and charged with capital sexual battery on the word of a very sick woman who claimed that she was violated 10 years ago. After aggressive litigation and investigation, the case was dismissed when we were able to show that Dr. W.V. was innocent of all the charges.
Current litigation – United States v. Gilberto Rodriguez Orejuela and Miguel Rodriguez Orejuela. Mr. Markus currently represents Gilberto Rodriguez-Orejuela, the alleged former head of the Cali Cartel. Trial is set for September 2006.
you want some of this uhh, uhh, uhh YOU WANT SOME THIS .
I will kick your old ass all over coral gables that you will have a reason to sleep in you car due to a concusion.
Dont mess with me old man/
Rumpole may be reached at:
David Oscar Markus
1200 Alfred I. duPont Building
169 E. Flagler Street Miami, Florida 33131
Phone: 305-379-6667 Fax: 379-6668
Hey marcus: why not cite the case no's. are the results fake?
9:48 POSTER YOU ARE NOT THE REAL FAKE BRUMMER.
Do you think we should remove the roy black posts, as they are probably not from Mr. Black?
yes and the david markus self promotion
Are you talking to me?
We feel on solid ground by saying that Mr. Markus with a K was not behind the comments.
its obvious that it is NOT roy black but it should stay as just funny shit
why do you keep saying with a "k" ? Is there a loser lawyer out that makes markus with a "k" look bad?
sure you know that markus did not post them Rumpole because you are him.
duh.
I found out who rumpole is:
Rumpole said...
We feel on solid ground by saying that Mr. Markus with a K was not behind the comments.
Sunday, July 30, 2006 10:57:40 AM
Yes Mr. Markus with a "K".
I am in LOve with Judge Pando
Hey....I thought I'm rumpole.
Back off fake boy...she's mine.
Once there was a Judge named Pando
Pando Pando Pando
Cute and Sexy
Man-o-man-0
Pando Pando Pando
Phil R is Rumpole , David Markus with a "K" is rumpole.
I know it is one of them, the question is which one?
I am leaning towards Markus with a "K".
whats is the BS with this Markus with a "K" statement Rumpole?
Love Pando you had better watch your back because she is mine I say all mine.
We call him Markus with a K because for a few embarassing posts a while ago, we spelled his name "Marcus", and now we say Markus with a K to remind us how to spell his name.
We also feel on very firm ground saying that unlike us, Mr. Markus with a K is busy with clients (not dodging bill collectors like we do) and he does not have the time for foolishness that we devote to this endeavour. Sorry, but Mr. Markus with a K would not know a Pando from a McWhorter, a Muldowney from an intoxilyzer, a Miller from a Moreno.
He can do many things, but writing a state court blog is not one of them at this time.
got ya I caught you :
"He can do many things, but writing a state court blog is not one of them at this time."
Everyone re-read that statment by rumpole. YES it is David Marcus opps sorry Markus with a "K".
IF A is Not B
AND B is not C
Then Markus is Not Rumpole
and Phil must be Rumpole.
But for all those Phil haters, if he is so bad and incompetent, how can you blast him for doing something that is as funny and good (and admit it-this blog is funny and good) as this blog?
You can't have it both ways.
I visited Markus web site and he has articles written about him of how he like blogging.
I am assuming that he could very well have created out of fun the one and only RUMPOLE.
Any seasoned Federal defense lawyer would not dare write a state blog under his name because of reprecussions by the corrupt state system that would have him dis-barred in 15 days or less.
yes phil great self promotion at 11:18
I still may vote for Judge Hernandez only because who will write about if he is removed by the voters.
My days will become lonely, my computer internet will never have flashing lights as I blog day and night about Judge Hernandez and that clown.
Were will I go. What will I do. How will I get there.
IN SEPTEMBER 2006, PLEASE I BEG OF YOU PLEASE FOR THE SAKE OF THIS BLOG VOTE FOR JUDGE HERNANDES.
I am with 11:24 am stand up and take a stand for this BLOG.
A vote for Judge Hernandez is like a Vote for Rumpole and this BLOG.
We can do it.
Pretty Funny stuff guys. Coming attractions:
MONDAY: BANNED BY BRUMMER.
TUESDAY: IVAN HERNANDEZ: THE MOVIE
STAY TUNED TO RUMPOLE, THE FOX NEWS OF THE REGJB.
FAIR BALANCED, A BIT LOONEY.
I WATCH FOX AND FRIENDS IN THE MORNING 7 AM - 9AM
RUMPOLE AND FRIENDS 24/7
fake brummer, you were funny at first but now you are just stupid.
zzzzzzzzzzzzzzzzzzzzzzz you fake brummer
Fake Brummer...you made me laugh outloud...and that doesn't happen often. Good post at 1:59
1:18 with that work schedule, you must be a judge.
REMEMBER- MARK YOUR BLACKBERRYS
MONDAY: BANNED BY BRUMMER
TUESDAY : JUDGE HERNANDEZ: THE MOVIE
ONLY ON RUMPOLE THE REGJB BLOGGER WHO IS NOT DAVID MARKUS WITH A K
Whopee!
bitchin man...
this is CNN.
click on Fake Brummer's name- it's a riot!
Maybe Rumpole is the other David Markus with a K. David Scott Markus, the other criminal lawyer who also has the criminal record. The federal blogger, David Oscar Markus, has no priors.
1:18 WAS NOT POSTED BY FAKE BRUMMER THAT WAS ME "YES ME"
GIVE ME "YES ME" CREDIT.
ME
I know David with a K Markus, David with a K Markus is a friend of mine, and you Rumpole, are no David with a K Markus
Rumpole, the rumors about people being banned from the pd's office are true.
WHAT'S UP ROY!!!!!!!!!!!
LOVE YA MAN!!!!!!
the last three post were from the same idiot and its getting old dude.
I know "he who should never be named", "he who should never be named" is NOT a friend of mine, and you Rumpole, are no "he who should never be named"
what kills me is that right after President Bush with a "b" meets with Tony Blair with a "b" also the president goes directly to a very important meeting with:
President George W. Bush welcomes Elliot Yamin, one of the top 10 American Idol finalists who arrived late to the Oval Office at the White House Friday, July 28, 2006, along with Yamin’s fellow performers, from left to right, Ace Young, Kelli Pickler, American Idol winner Taylor Hicks and Katharine McPhee. The popular FOX television program, which originated in 2002, uses audience participation to determine the best “undiscovered” young singer in the nation.
THIS IS NOT A JOKE GO TO WWW.WHITEHOUSE.GOV
I like it when our president puts american pop recording artist before the middle east conflict.
tell us phil r. who are the other attorneys you lost to as a prosecutor,before u became a justice building bottom feeder?
could it have been..........MISHKIN?!?!?!?!?!?
For all you conspiracy theorists:
1) David O Markus runs a federal blog. Knows not a lot about state court personalities and such.
2) David is partners with Uncle Miltie Hirsch, a bon vivant amateur writer with a knowledge of the Justice Building and a sense of humor.
Just what do you imagine the two of them do as they sit their in their offices in the afternoon? I mean they're federal attorneys, so its not like they are taking depositions or scheduling them.
Ergo: I give you Rumpole in all his witty glory:
MILTON HIRSCH (OR IS IT HERSCH?)
QED
PROBLEM SOLVED
whoohee!
Bravo 7:13!
takin a bow
omg click on the fake ted name. CHUMPS? lmao.
to 7:13 PM
Dateline: Miami Legal news
Several months ago, Milt and David dissolved their partnership amd David moved 10 miles to the north; from Dadeland to Flagler Street.
But you should keep up with your investigation ... we are all on the edge of our seats .....
CAPTAIN OUT ........
And....wasn't it EXACTLY TEN MONTHS AGO THAT THIS BLOG WAS STARTED? OF COURSE. TO CLEAVERLY COVER THEIR TRACKS THESE TWO BLOGGERS "INVENTED" AN ALIBI OF SPLITTING THEIR PARTNERSHIP SO THAT SUSPICION WOULD NOT FALL ON THEM.
THEY MAY BE SMART.
BUT NOT AS SMART AS
FAKE HERCULE POIROT
Seen at the Charlie Crist office opening in Hialeah on Saturday - none other than Ivan Hernandez, Juan Fernandez, George Alvarez, Don Cohn, Patty Marino-Pedraza, Joel Jacobi, Gina Mendez, Ana Pando and Karen Mills Francis. Standing on the podium no less. Can you say Canon 7 violation?
Be not I the blogger Rumpole you ghastly beasts.
no way milt is rumpole.
it's not markus either.
but i've heard people say that markus knows who it is and won't tell.
I just finished my final re-write for BANNED BY BRUMMER. It's a good one folks. Will have people talking all week. Will ruin Mr. Stein's morning danish break for the rest of the week.
COMING TOMORROW: BANNED BY BRUMMER.
ONLY ON THE REGJB BLOG.
Milt? ahmmm...harrupmph.
Yeahum.
That is a MAJOR Canon7 violation. Didn't these people go the Judicial Ethics Advisory Committee (JEAC) seminar that all the candidates were supposed to go to?
Who is Juan Fernandez?
I'll take the case.
idiot meant Juan Gonzalez.
I find it hard to beleive don cohn at the event with all d'arce clan
Captain, Why did they break up?
I didn't know the D'Arce crew would be there.
Coming to a theatre near you:
The Flintstones
Starring Don Cohn as Fred and Shelly Schwartz as Barney
Is there a picture of that Crist event? It should go right to the JQC. Morons deserve it.
rumpole check out the fake don cohn link to his name its a riot.
You IDIOTS!!! There is no photo or evidence of those candidates on a podium at the the Charlie Christ event because it didn't happen. WAKE UP!!!!
SHHHH................
This just in, but do not tell,
JANET RENO is Rump.
rumpole someone is making a mokery of your blog with lies and made up stuff.
oh well I guess no change in blog activities.
Juan at 11:06:51 - Yes it did and you know it. Film at 11. And being there with badges on is all it takes.
How pathetic. The line continues to be blurred by these shameful candidates.
FINALLY - someone else notices that Don Cohn is Fred Flinstone!
Well Fred is better than Ripppyourheartout.
There is someone posting complete lies about the candidates and you guys just read it and believe it as if it were gospel. I was at the Charlie Crist event. NONE of the candidates mentioned above were even present, much less on a podium. That would be completely improper. Just like the Alex Acosta thing. I looked at that picture. Juan D'Arce isn't even there. Why do you guys think he had anything to do with that event? All I'm saying is that I rather take the time to ask around and know the truth than just read a blog and believe something someone is writing. Trust me. I can only hope that you all are being entertained by the blog, but not guided by it. Become educated and knowledgeable about the truth, not about rumors and false accusations by someone with an agenda. Thank you.
Juan at 10:46:39 - Thank you for your correction of the record. I have complete confidence in your version....NOT.
we have never gone over 200 responses to one posting.
so lets
do it now
Rippingale runs around introducing herself to the same people shes met 76 times
George (formerly Jorge?) Alvarez seen today lurking in Judge Bronwyn Miller's courtroom. Does this guy practice law or just stalk his incumbent opponent day after day (if he can't do it due to fighting a big traffic ticket or putting up misleading ALVAREZ signs all over town, Juan steps in for him...)? And, why didn't he bring his rent-a-kids (how much do they charge you per hour Georgie?)who he hired for yesterday's event? Georgie and Juan: get off the blog, get off Judge Miller's website, get out of her courtroom and get real jobs already.
How is Larry Schwwwwartz doing in his race for king?
I agree with 10:46 am
we need facts not fiction.
visit www.operationrestorejustice.com
for a fair and balanced view of facts not fiction
children grow up.
Poor poor Hector. Now I know who it is that gives the practice of law a bad name and makes us lawyers the subject of so many jokes. We see past your lies, your unethical ways, your heavy handed pressure tactics, and your dirty campaigning. By the way you give dirty dancing a bad name too!
How many candidates does it take for Hector to persuade (threaten) to get out of races against his freinds before the State Attorney gets involved?
Hey Hector, destroy any campaign signs lately?
Has anyone looked into Migna Sanchez-Llorens' campaign "Loan" of $25,000 to her campaign on 9/14/05 and the same day a campaign check written to attorney Robert Pertierra for "Consulting Services." Sounds a little bit fishy to me. I wonder if they are looking into it at 1350 N.W. 12 Avenue.
I know this is out of subject, but I saw Judge Alex the other day and let me tell you, that guy was an asshole at the REGB and is still an asshole in television. I hope his show gets canceled and that he rots in hell. What a jerk and ugly mofo as well. The makeup makes him look gay as well as stupid. This guys is such a dumbass. Alex, you are a sorry television person. Go to HELL!
5:02.........when you are getting up at 5 in the morning to bash someone, it's time to get help.
When will Susan Nessmith actually report on the real offenses performed by the candidates. What offenses? I personally think that it would be more interesting to read how 3 Cop Wives were blackmailed, harassed and one even threatened to death. But Susan, will on write what her friends tell her to write. Scary that the Herald is such a crappy newspaper and Nessmith law suit waiting to happen. Get it together lady, call all the candidates and ask them what has happened to them in their races that may be considered abusive. That is your challenge is you are willing to take it.
Rumpty Dumdty. You are caught in a time warp. Pull your head out the sand and get on with your life. All of your one sided attacks appear to be aimed at Hispanics. What is you hate agenda going to get you?
Rippingale actually introduces herself to hispanic audiences as Ripengille.
Funny how nice rippingille on the campaign trail and what a bitch she is to everyone on the bench
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