JUDGE YOUNG’S SENTENCE.
We read the headline in the Herald on Saturday announcing the 31 year prison sentence Judge Young gave the 87 year old woman who shot and killed a 13 year old boy who was swimming in her pool in 1976. The woman fled after the trial and was only recently arrested. We confess our sin and admit that we were initially shocked by the sentence. We violated the same rule that we rail against among our friends and relatives: do not question the outcome of a case by merely reading the headline.
A few paragraphs into the article and it was abundantly clear why Judge Young sentenced the woman to the amount of time he did: she had no remorse for taking a human life, especially the life of a child. She deserved every year she got.
The real issue raised by Judge Young’s sentence was the time machine like quality of the proceedings. For a brief moment, the law on the 4th Floor of the REGJB in Dade County returned to the days when Judges were Judges and legislatures were…still bumpkins, but less meddling bumpkins.
There were no sentencing guidelines at the time the Defendant was convicted in this case, and the entire sentence was left to the discretion of the Judge, which turned out to be Judge Young some thirty years later. If the trial were held today a clerk could sentence the defendant, as Judge Young would have absolutely no discretion in the matter. We think that is wrong. We think it outrageous that Judges spend a quarter of million dollars to run for Judge, and then sit quietly by while the legislature takes more and more power away from them, turning them into robed clerks, whose job is defined by the ability to fill out forms, add numbers, check boxes, and sign orders.
Discretion, life experience, the particular facts of the case, remorse, or lack of remorse, have been outlawed and are not permitted as sentencing factors by a legislature intent on establishing minimum mandatory sentences for every type of crime. Racing on the Highway now has a minimum mandatory sentence for crying out loud.
When the guidelines were enacted, the legislature prattled on about fairness and uniformity of sentencing throughout the state, although it was clear to us that “liberal” ( you can read that as “Miami Liberal” ) judges were being targeted. It started with murder cases, and now has filtered down to misdemeanors.
We live in a State where a 25 year old prosecutor is more trusted by the legislature to decide whether a minimum mandatory sentence is appropriate, then the fifty year old Judge before whom the case is being tried. Something is wrong with that. And all the while Judges sat on their gavels and watched more and more of their discretion legislated away.
The Herald article revealed that Judge Young had not made up his mind about the sentence until hearing from the Defendant. Then, based on his experience as a former prosecutor, his years on the bench, and his overall life experience and common sense, he arrived at a sentence that he believed was just based on the facts and the defendant before him.
That’s how it’s supposed to work.
But unless a whole bunch of defendants who didn’t appear for court in 1976 start getting arrested, then it’s back to the current state of the Judiciary: a good calculator and sharp pencil to check a few boxes, and on to the next case.
Judges of Florida unite! You have nothing to lose and your power and discretion to gain.
Or do you robed readers like kowtowing to that 25 year old prosecutor who has been a lawyer two years and has more power over sentencing than you do?
See you in court with our calculator.
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.
Subscribe to:
Post Comments (Atom)
80 comments:
While awaiting the arrival of jurors (by way of explaining the timing), I perused the blog hoping to read growing support for a Judge Manny memorial. What I saw shocked and deeply saddened me.
To actually criticize Judge Crespo, so vehemently, for giving too much consideration for the cases before him is mindboggling.
Remember, if you were in court late, so was Judge Crespo and he too, had "better" things to do. He had a heck of a life and a wide variety of interests. People thought he liked staying long hours because he simply loved being on the bench. To a certain extent, that is true--because he loved to provide our community with fair and equal justice. But, he would have much preferred to be with his family--his wife of many years, his son, his daughter but especially his grandkids. As a voracious reader he would have preferred to be reading the newest WWII history book. Travelling to far flung battle sites was more fun for him than jury selection.
As a practing attorney you spend a great deal of time in the courts and may very well become jaded. Jurors who grudgingly give up ther time for jury service may be a less impartial barometer of a judge's pursuit of justice. Though the jurors stay may have been relatively longer in Judge Crespo's courtroom than in mine, I wish a had a fraction of the numerous Letters Judge Manny received from jurors thanking him for making their court experience so fascinating and fullfilling.
So, to those griping about Judge Manny devoting too much time to his cases, I am so sorry you put so little value to true justice.
Yours irately,
Judge Roberto M. Pineiro
maybe if you gave us a fraction of the time that Manny gave us during jury selection, you would get some letters too....
judge young would not be a judge but for his father, burton who was a former preident of the fla bar. he was grandstanding for the press who covered the sentencing. his ability as an attorney was well below average. overall, the quality of the bench in dade county is deplorable. most of them are judges because they could not earn a nickle in private practice. and i am not referring to judge pinero who is a quality judge and would command a hefty salary in private practice, but he is an exception.
Don't blame the trial court judges. Blame the appellate bench which has deemed this massive usurpation of judicial power as constitutional.
While he may be a well qualified jurist, the best recommendation to the Governor for one of his most recent appointments to our Supreme Court is that the jurist said that the Judiciary was the least powerful of our branches of government. Kinda makes for a rather wobbly three legged stool.
"We live in a State where a 25 year old prosecutor is more trusted by the legislature to decide whether a minimum mandatory sentence is appropriate, then the fifty year old Judge before whom the case is being tried."
Greatest comment ever written on this blog, no offense to the 25 year-old prosecutors.
I was a little taken aback by Judge Pinero's comments. I thought most of the commenst about Judge Crespo were and have been positive. Sure there was some complaining that his calendars some time ran long. While those people are entitled to their comments, they were piddling complaints when compared aganist the wonderful person Judge Crespo was. Nobody has ever said he was not extremely dedicated, extremely hardworking, and extremely fair.
Some people give more thought and time to this blog than others. Those that write anonymous comments designed to annoy people (OK- this may be the pot calling the kettle black) should be quickly ignored.
To the 11:25:20 AM poster: A hit! I believe a most palpable Hit! Touche'! I really set myself up for that one.
I try and I try to do the "right" thing and then I get to talking with some of my friends and colleagues--Federal judges Don Graham, Fred Moreno and Cecilia Altonaga and...well, do you really have it so bad?
Perhaps, I'm better off with less mail anyway. Got too much reading to do as it is. Can't wait to see how "My Pet Goat" turns out. Maybe I'll be able to finish it in a couple of weeks--if only I didn't have to constantly check the dictionary for all the big words.
Rumpole, sorry to have taken you aback. But, when my friend got unfairly criticized, albiet amidst so many favorable posts, I may have gone off half-cocked. Something Judge Crespo would never have done.
THE CAPTAIN:
Today is one of the best days for this BLOG. Rumpole writes about a critically important issue within our criminal justice system. I know Abe L. and other ASA's read the BLOG. I would like to hear their point of view.
I, for one, completely agree with the position that Rumpole takes on the sentencing issue.
CAPTAIN OUT ............
It was mentioned earlier that the FACDL-Miami Chapter had floated an idea about naming the Jury Waiting Room after Judge Crespo. I understand that he was the Judge who would go up to that room on the 7th floor each and every Monday to explain the important job of serving as a juror and to swear in all of the venire.
Thoughts on this idea would be welcomed.
I have a question. I know that judge young sentenced her to 31 years. I know she'll die in jail. But, the 31 years is not going to be served at 85% right? The 31 years is based on the percentage served in 1974 when she was convicted. What were they doing back then--3 years on a 25 year sentence?
Judge Piniero, the fact that you wrote in to seek support for a dedication to your friend shows true caracter in my book.
Ignore the negative comments they were meaningless.
Ps. hows that jury trial going.
: )
To Judge Pineiro: Take a bow. You are a mensch.
To Rumpole: In one sentence, you have crystallized the absurdity of the current sentencing scheme in Florida. You, too, take a bow.
still taking five to one the old bag of bones dies before the 31 years (ie 3 or 4 years) are up.
the gambler
and since we are being honest, he had no tolerance for drug cases. for example, i watched a sentencing where the public defender turned down a five year deal with the state and pleaded his client stright up to crespo. the pd put on a nice presentation only to have his client sentenced to 10 years in prison. needless to say, the client and the atty looked like they had been in a taliban cave after 911 when crespo left the bench-shell shocked...
and in another matter, i watched him sentence a "mule" to 15 years in prison after she lost duress defense at trial. i guess he never saw the movie maria full of grace.
Monday, September 18, 2006 2:31:31 PM
speaking of drugs, only 70 minutes until 4:20
To Judge Pinero- You have every right to be "touchy" about your dear friend. Please stop talking to those Federal Judges, as you will pick up bad habits. They give us (I am not making this up) 8 minutes for voire dire.
TO the Post about Judge Crespo and Drug cases: Every case is different and deserves to be decided on the facts. I defend clients accused of drug dealing every week. And yet when a friend of mine almost lost his life to a severe crack addiction (he was and is a lawyer) he commented- now I know why they treat crack so harshly in Federal Court. Even as a defense attorney we must not forget the terrible toll drugs take on those who use them.
I have no desire to be a Judge and I have often thought the drug minimum mandatories is a big reason why. And yet I have several clients who I have helped who if I had failed, deserved every day of the 15 year sentence they would have received.
I think any criticism about Judge Crespo following the law is misplaced. He represented accused drug traffickers in his day as a defense attorney, very successfully I might add. I have no problem with him not having any sympathy for those people convicted in his court. He was following the law, to which he was a very dedicated servant.
Oh by the way- Thanks Robed One. You guys need a good representitive in Tallahassee speaking up for the case for returning sentencing to the hands of Judges and lawyers, and not politicians. Judge Young should take a bow for making a tough decision on a tough case where it probably would have been very easy to show that woman some mercy based on her age. She did not show the boy she killed any mercy and Judge Young's actions speak volumes towards returning sentencing to Judges.
And whoever thought I would turn into such a fan of the wearers of the robes. What a wierd day!
Judge Crespo RULED!!! I am an attorney and am married to a distant relative of his. Every time I appeared before him (as a defense atty) he would take a moment to remind the ASA's that I was related to him. They were never amused. He was a great, fair, and kind human!!!
The argument usually made in favor of guidelines by ACLU types is that it promotes uniformity in sentencing. Uniformity sucks. How many times have you heard “ My friend had a triple homicide case exactly like mine and he got probation” Then we are the ones who have to explain how every situation is unique.
Min- mans sound good to prosecutors as they help to force pleas. that is until they get stuck with piles of bullshit cases and can’t waive the min-mans without a doctor’s note, permission from the Pope, and a wink from a guy rumored to have an office on the third floor but who no one has ever actually seen.
JUDGE CRESPO:
Judge Crespo may have "had no tolerance for drug cases", but he still always followed the law.
A couple of years ago, I was representing a defendant charged with Trafficking in Heroin. He was looking at a 25 minimum mandatory sentence.
I filed a Motion To Suppress. The hearing lasted several hours and included testimony of witnesses and arguments on the law.
In the end, Judge Crespo made his ruling. During the ruling, after he had recounted the relevant testimony and case law, he stood up on the bench, pointed his finger at my client and raised his voice and stated, Mr. A...., I took an oath when I became a Judge, an oath to preserve, protect and defend the constitution of the United States and of the State of Florida. And that oath applies even to you. You deal drugs and traffic drugs and poison children with your drugs, but you are entitled to the same rights as everyone else that appears before me. As much as it pains me to do so, I swore to uphold the law and I am therefore granting the Motion To Suppress in this case".
Needless to say, I thought his ruling was correct. I also thought the way he handled the ruling was very appropriate.
Rick Freedman
hey rumpole
get a grip. a mule who brings in a kilo and gets 15 years. justice? fair? i think not. she would have received a third of that in the federal courts that you feel so uncomfortable in.
hey rick
are you still involved with cutting down our sapd bills?
rick
I have a huge heroin case outta the Southern District of Fla.. and I need some help with it. My client is prepared to pay you 100k if you argue the motions. If your interested, please call me, Ellis Rubin at 3.promote.
4:34, Rick Freedman has done more to help SAPD and now PCAC lawyers than you may know. He attends every Indigent Services Committee Meeting, and has been a strong advocate for court appointed counsel for a long time. He asked me to get on a telephone call at 11PM one night with counsel for the JAC to amend the contract for PCAC lawyers to make it more beneficial for the attorneys. I don't think he's interested in lawyers not getting paid for their work.
If your bill gets cut, you can always address it in other forums besides the blog.
this is the fuunies post I have read in a long time:
"Min- mans sound good to prosecutors as they help to force pleas. that is until they get stuck with piles of bullshit cases and can’t waive the min-mans without a doctor’s note, permission from the Pope, and a wink from a guy rumored to have an office on the third floor but who no one has ever actually seen."
keep um coming
Judge Young's sentence may be reversed since lack of remorse and protestations of innocence cannot be used as a factor in sentencing. Soto v. State, 874 So.2d 1215 (Fla. 3d DCA 2004).
1. To Brian, thank you.
2. To 4:42 PM, no thanks, I would never want to take any business anyway from E. Rubin. Judge Crespo was a great judge, who followed the law.
3. To 4:34 PM, if you are honestly having an issues with your Court Appointed Counsel (CAC) bills, please feel free to call me at anytime.
I am on the Screening Committee for CAC and help to screen applications for our Registry. I am also Chair of the Subcommittee for Court Appointed Counsel on behalf of FACDL-Miami.
Along with Gene Zenobi, I have attended each and every Indigent Services Committee (ISC) meeting since the inception of the ISC. I have been in constant communication with Chairman Judge Farina, as well as the other members of the ISC. I have been on the phone with the Justice Administrative Commission (JAC) lobbying them on a continuing basis about contracts and payment of bills. I have spoken with members of the State House and State Senate about making things fairer for CAC attorneys.
I started working on the SAPD Screening Committee in 1992, during Operation Courtbroom and have committed the last 14 years to making sure that we have a fair system that assigns competent counsel to cases and further, to make sure that those attorneys get paid fairly. I attend an average of six screening committee meetings a year and have been doing so for those 14 years.
My door has always been open and I have always made myself available to anyone who needs assistance or questions answered on any CAC matters.
I look forward to continuing my efforts on behalf of the more than 300 Registry attorneys practicing here in Miami Dade County.
Rick Freedman
hey rumpole
get a grip. a mule who brings in a kilo and gets 15 years. justice? fair? i think not. she would have received a third of that in the federal courts that you feel so uncomfortable in.
Rumpole says: No that is not justice and that is why I am against minimum mandatories.
Dear Mr. Friedman- doesn't it get a little tedious being "in constant communication" with Judge Farina. Give the man a break and hang up the phone.
But thanks for your efforts on SAPD bills. I know they have helped all of us greatly.
If she elected to be sentenced under the new guidelines she would get about 15-20 years so, what is the big deal.
rick,
a heartfelt thanks for your work from an sapd tryin to make a dollar.
pcac, formerly sapd
don't confuse rick for rory. rick never cut bills. rory on the other hand would hack a bill like a the hackashack.
Jason Grey,
If you ever insult liberals again by suggesting that they like min mans, I am going to roll up your republican talking points and shove them somewhere that smells like the bs you are talking.
You will never see me coming, I may even be shorter than you!
rick and brian, sitting in a tree, hey there, hey there look at me!!
WOW Rumpole.. mostly I just think this whole thing is silly nonsense... but this time.. you NAILED it...Well said.. so I'll say no more.
i'll say one more thing - spark up the blunt
I am not a Republican. Nor am I a liberal, or a Democrat.
Not plane ,nor bird, nor even frog.
7:04 you seem a little too fixated on Gay dungeon master type stuff;
Not that there is anything wrong with that
jason
that was the best come back ever on this blog. that was so funny i had to show my wife.
It wasn't that funny.
Reiff Quirantes Best
and the Rest
DUI's
Not my type of guys.
Quirantes not your type of Guy?
FEAR THE Q
CLOSE YOUR EYES
BECOME THE Q
dui is easy cash, haiku. easy cash
dude, how is anyone in good conscience gonna arrest willie f*in nelson. we're goin to hell in a hand basket...
http://news.aol.com/entertainment/music/articles/_a/willie-nelson-cited-for-drug-possession/20060918131509990002
the guy still eats shrooms?
the man is always lookin for a reason to put a brother down.
free willie
Down those mean streets and meaner chambers a man must waddle...
Lord knows, he's not a private eye, but God, I wish he were. Like Philip Marlowe, Rumpole is ""a relatively poor man... a common man or he could not go among common people. He has a sense of character, or he would not know his job. He will take no man's money dishonestly and no man's insolence without a due and dispassionate revenge. He is a lonely man and his pride is that you will treat him as a proud man or be very sorry you ever saw him. He talks as the man of his age talks -- that is, with a rude wit, a lively sense of the grotesque, a disgust for sham, and a contempt for pettiness."
So, may I submit for your consideration, Your Honour....
That great defender of most muddled and sinful humanity...
With his jowls a-quiver...
His fondness for Wordsworth, Chateau Thames Embankment and hopeless cases...
His cheroot-puffing and claret-quaffing...
His food-bespeckled robe and raggedy wig...
And his beloved and tattered copy of The Oxford Book of English Verse clutched to his bosom...
For his oratorical outbursts...
His always entertaining jabs at the soft underbelly of hypocrisy, pomposity and upper class twits...
And for standing up for truth, justice, honour and the Golden Thread of Justice...
May I submit for inclusion, Your Honour, this most British of all lawyers...
This proud, this defiant Old Bailey Hack...
With his best gal, Hilda, She Who Must Be Obeyed, standing, NOT amused, by his side...
The one, the only...
HORACE RUMPOLE.
May there always be an England, and may there always be Horace Rumpole to see that justice be done. And thev pompous may squirm.
Your Honour, I rest my case.
god save the queen. (and willie nelson).
http://news.aol.com/entertainment/music/articles/_a/willie-nelson-cited-for-drug-possession/20060918131509990002
My understanding is that willie nelson was pulled over while he was on the road again
Some of the most articulate comments ever poster on the blog.
10:24:37 PM
brilliant
hmmm
hmmm
Alan, hmmmm.
Chris, hmmmmm.
hmmmm.
hmmmmm.
someone needs to slip them hungarians a xanny bar; they are goin hog ass wild in budapest
RUMPOLE HERE IS THE LINK IN CASE IT IS TOO LONG A POST:
http://www.dailybusinessreview.com/news.html?news_id=40314
uh, yuk yuk, they uh, duh, dont try murder cases though.
- angry prosecutor/defense lawyer
DUIs are easy cash if you are Elortegui, Q or Seligman. Charge $799, do no work, plead your guy.
Have you ever seen any of those hacks even file a motion to suppress? They think the 2100:1 ratio is the betting odds for the Dolphins making the Super Bowl.
That is a very good article but it is very long, so I suggest you copy the link and paste it in your browser and peruse it at your own pleasure, or in court if you are a robed reader.
KUDOS TO JUDGE LEIFMAN for his efforts to curb overcrowding in the Dade County Jail and help the mentally ill. If half of what the report on tv last night is accurate the entire staff of the jail is criminally culpable and are a bunch of sadists. Has anyone ever thought that maybe the quality of the jails, juvenile courthouse, and other areas which don't get the kind of funding the airport, seaport, and professional sports facilities get is a contributing factor to the never ending cycle of crime and corruption in Miami. Oops!, I forgot I am contributing to a blog where people make their living by the status quo of drug addiction, mental illness, lack of education and jobs and political corruption scandals for the white collar and federal folks. ITS NICE TO SEE A FEW PUBLIC OFFICIALS STILL HAVE SOME BALLS. Now let's sit back and see what his punishment is for trying to make a difference.
rumpole
just so you are aware, if the state goes below guidelines, the ct has full discretion.
Calm down Juan. It's over.
What 1:28 is talking about is Judge Leifman bringing reporter Michelle Gillen and tv cameras onto the 9th floor of Dade County Jail which was televised on the news last night as part of a series which may continue tonight. Interviews of inmates, 5 to a cell designed for 1, intolerable conditions etc. That's what the fuck I'm talking about asshole.
when did they release you from the 9th floor? Your case probably got no actioned because the the tranvestite hooker you were doing refused to come in for a pre-file.
Allright, what has Leifman done? Leifman, with the help of others inside and outside the court, has establish programs that have helped conserve vast amounts of judicial resources by diverting non-violent, mentally ill people out of the criminal justice system.
In the usual non-violent misdemeanor, the accused would be bonded out immediately. Not so with the mentally ill. A mentally ill person can't advocate for himself, and he often has no one to advocate for him. They rarely make bail, so they rot in jail waiting for competency hearings, trial, etc.
Why is this bad:
1. Bean counters don't want psychotic people in jail because they have to pay for them.
2. Mental Health advocates don't want psychotic people in jail because they can't get treatment.
3. Corrections doesn't want psychotic people in jail because who the hell wants to work with a bunch of psychotic people?
4. Judges and lawyers don't like working with psychotic people because they're icky.
Diverson programs for the mentally make all the above happy.
See: http://www.jud11.flcourts.org/programs_and_services/CMHP%20Court%20Website%20Description.pdf
You can watch Michelle Gillen's video here: http://cbs4.com/video/?id=22982@wfor.dayport.com
To 3:56. We are all children of god, please do not be ashamed of your mother/father.
Sure, we can get the not really mentally ill people out of the jails, but what is the solution for all those people that are mentally ill? The conditions are deplorable and people (criminals or not) don't deserve to be treated the inhumane way those guys on the 9th floor are being treated.
I WONDER WHY SO MANY OF YOU WRITE OPINIONS ANONYMOUSLY.OUR VOICES ARE COUNTED WHEN WE HAVE THE COJONS TO EXPRESS THEM WITH DISTINCTION AND HONOR.TO THOSE WHO CRITICIZE BEHIND THE VEIL OF ANONYMITY I WONDER WHY?JUDGE CRESPO WAS A GREAT MAN AND A GREAT JURIST.I CHALLENGE HIS ANONYMOUS CRITICS TO AN OPEN DISCUSSION .
Robertico cogelo suave
Nice job Roberto with Migna's campaign.
Friends,
As we all know, miami-dade county has the highest per capita ratio of mentally ill persons per 'regular' persons in all of the usa. also, we have the highest poverty rate of all american citites with populations of one million or more.
what is the answer to meet the demand of this important issue? no easy answer. we leave it to the state, the pd, the bench, the guardian ad liten, the MSW's who work hard, all others i forgot to mention, and other def atty's who care.
These may be "icky" clients, they may not pay, but its the right thing to do to help them out. I challenge all def atty's to do a few pro bono's a year for the mentally ill, and I challenge the State to work with us to help this situation.
This is NOT a bi-partisan issue. We need to work together to help these people out.
Many people are uneducated on this issue. Some of us have a relative who is mentally ill. It is difficult to find the right answers. They should not "walk" b/c of a mental condition, we as def atty's should not claim all our clients have a mentally ill condition (crying wolf). As Americans, we ALL hold ourselves out as being the best in the world. Let us all let our actions speak louder than words.
Some people need help. Lets help them. Give them a chance. Also, don't claim every client is mentally ill and needs a program as opposed to prison. This is something that calls for working together. Call me cheesy or naive, but some people can be helped.
T
Hey Robert
Are you the same guy who turned Gabe Martin for campaign violations?
Hey Pertierra Can you give us a detailed report of what you did with Migna's $25K? Did you get paid that to come up with that stupid ass Migna song? Given the fact that she lost, you don't expect to get paid it again by any other candidate do you?
Are you trying to say that David Young is 50?
My real comment is why don't we have some smarty pants file a fantastic motion in front of the right judge so that they can officially rule that the guidelines are advisory like in federal court. I think that with the right defense attorney and the right judge, we can get it done, because it is probably correct, has anybody really pushed the issue?
12:18
fla. stste ct applies a determinate sentencing scheme where as in federal ct, the law applies an indeterminate sentencing scheme. your heart is in the right place but learn the law b/f you speak turdmigna.
Post a Comment