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

Tuesday, October 17, 2006

A CLEAN RECORD?

SCENE: A LAWYER’S OFFICE. CLIENT. ATTORNEY.


CLIENT: “So you’re sure my record will be expunged?”

LAWYER: “Absolutely. The law does not give the judge any discretion. Your 20 year old arrest for disorderly conduct, which was dismissed, will be expunged. The record will be destroyed, the arrest removed from the police computers, and by the way, once your record is expunged, Florida law allows you to legally deny ever having been arrested, except in certain situations.”

CLIENT: “Great. So no one will ever know about this?”

LAWYER: “Well, I didn’t exactly say that.”



For those of you who have helped a client in the last year or so by expunging a criminal history or getting a withhold of adjudication sealed, you have probably noticed a disturbing new trend: Private Databases that are not subject to the Florida law when the court orders a record sealed or expunged.

What this means is that even though your client can legally deny an arrest once the record is sealed or expunged, an employer, a condo association, basically anyone using a private database company, will still have access to that record, although the State Of Florida has ordered it destroyed.

Welcome to the age of Big Brother and Computers.

A second chance for someone who committed a small indiscretion in their youth?
A clean record for a law abiding citizen who was wrongfully arrested?
Not anymore.

The NY Times reported on this problem today, and none other than our own Judge Stanford Blake was interviewed for the article, which contains several quotes from Judge Blake. And because of computers and the internet, you can access those quotes forevermore.


You can read the article and Judge Blake's comments here:
JUDGE BLAKE


This seems like a problem that perhaps our legislature could step in and solve.

Oh. Wait a minute.
The Florida Legislature helping someone who has been arrested?
Sorry. Lost our mind there for a minute.
Anyway, as Governor Holly Go Lightly and his Brother and their crowd would say, maybe if we pray enough, the problem will go away.

See You In Court.

59 comments:

Anonymous said...

I JUST READ JUDGE P'S ORDER FROM TODAYS MIAMI HERALD I NOW FEEL JUSTICE IS ALIVE IN THE REG.

JUDGE P. THANKS FOR MAKING US FEEL AMERICAN. HERE IS THE BEST PART OF JUDGE P'S ORDER:

"Pineiro found holes in that logic.

''The only reason the defendant was left alone with the victim on the fatal night is that the mother went to borrow some Motrin from a neighbor to administer to her whiny and fussy child,'' he wrote.

''No whining, no fussing -- no need to get Motrin,'' he continued.

`NO MOTIVE'

''No need to get Motrin -- no need to leave the baby alone with the defendant. No whining, no fussing -- no motive to hit the child out of frustration over whining and fussing,'' he concluded."

SUSANNA GREAT REPORTING AS ALWAYS!

Anonymous said...

Hey rumpole, you must be from Broward. They too want to hide info from the public.

Leonard Feuer said...

Has anyone heard about FDLE reverting to the Intoxilyzer 5000? I hear this is the result of a finding that the 8000 model yields grossly innacurate BAC readings where the breathe sample is either protracted or of a low volume?

Leonard Feuer

Rumpole said...

Only three comments today. Oh well. Just so my thought process is clear- everyone (most everyone) reads the Herald, so those two stories (the motion to suppress and the secret cases) would be known. Not everyone is aware of the insidious nature of these database companies who are thwarting the intent of the seal and expunge statutes.

omar said...

the game is the game

Anonymous said...

slow day rump? never fear, i'm here reading and waiting for more instead of working!!!

fake abe laeser said...

hello, how are you?

Rumpole said...

I never worry. Sometimes I fret...
It was a big REGJB day in the Herald. Great job by the PD Boots on that case before Pinero.

fake hugh rodham said...

Riddler:

I took your advice and bet my house on the Bears (and 11 points) last night. Now I need to find a bankruptcy attorney to help me get enough money to pay my grocery bills. Thanks a lot! At least they won the game

Anonymous said...

Rumpole whats your take on

www.operationrestorejustice.com

position on PCA denials in the 3rd DCA and sending a message by saying NO to the three judges up for retention as a way to send a message that PCA's are wrong?

Anonymous said...

riddler:

i too lost my ass on that bet with the Bears; stick to you humor - you are much better at that, then picking NFL games.

hey rodham:

when are you going to be running for US Senate again?

Carmela Sporano said...

I'm very worried about ade. Has anyone heard from her?

omar said...

the game's out there, and it's play or get played. That simple.

Fake Chief Judge Gerald Cope said...

PCA's will never die!

Anonymous said...

over 50% of appeals to the 3rd DCA are denied PCA because we have better things to do ***

Judges of the Third District Court of Appeal.

***especially appeals filed by Rumpole

fake hugh rodham said...

If nominated, I will not accept.
If elected, I will not serve.
One Rodham in the United States Senate is enough.

Fake Meek Robinette said...

Fake Hugh Rodham???? Now there's a blast from the past.

Anonymous said...

The ballot has been prepared and here is how it comes down:

SUPREME COURT JUSTICE
Shall Justice R. Fred Lewis of the Supreme Court be retained in office?
YES 75

NO 76

Shall Justice Barbara Joan Pariente of the Supreme Court be retained in office?
YES 78

NO 79

Shall Justice Peggy A. Quince of the Supreme Court be retained in office?
YES 81

NO 82

DISTRICT COURT OF APPEAL
Shall Judge Angel A. CortiƱas of the 3rd District Court of Appeal be
retained in office?
YES 84

NO 85

Shall Judge Leslie B. Rothenberg of the 3rd District Court of Appeal be
retained in office?
YES 87

NO 88

Shall Judge Richard J. Suarez of the 3rd District Court of Appeal be
retained in office?
YES 90

NO 91

CIRCUIT JUDGE, 11TH JUDICIAL CIRCUIT, GROUP 78
(Vote for one)
Valerie R. Manno Schurr 93

Jose R. Sanchez-Gronlier 94

CIRCUIT JUDGE, 11TH JUDICIAL CIRCUIT, GROUP 80
(Vote for one)
Marisa Tinkler Mendez 96

Catherine "Cathy" Parks 97

COUNTY COURT JUDGE, GROUP 43
(Vote for one)
Michael A. Bienstock 100

Jose L. "Joe" Fernandez 101

Anonymous said...

let the campaigns begin

Anonymous said...

Hey fools, the campaigns are almost over and GINA and JOSIE lost again......

Even Steven said...

Do you know that the Governor of Massachusetts may run for President?

Can we have a president named Mitt?

The big toe is the captain of the foot. But sometimes the toe next to it becomes bigger and takes over.

I call that a Coup d' toe.

Condeleeza Rice is going to the far east to address the Korean crisis. Now why don't I feel any better?


Farina likes secret cases. Who knew?

Thanks...you've been a great audience.

Anonymous said...

I have three glasses of wine, and now I'm bloggin. Uhho...

Fake The Gum Guy. said...

I think I should be an integral part of this blog. Day in and day out, I have devoted my life to the Justice Building. I am more than a regular. I am a fixture. I deserve recognition. I am a person!!!!

Anonymous said...

What ever happenned to:

Warner Wolfe?
Bob Soper?
Judges May Cain and Mary Ann McKenzie?
Judge Farina's Million Dollar Pilot Project?
Downward Deviations?
Slimemon Schmeckle?
Close close?
The Pickle Barrel's soft yogurt machine?
Ray and Albert from the Vault?
Sit in's?

Just wonderin.

Anonymous said...

Here's the problem with Peter Adrien: His IQ barely exceeds two times his courtroom number. And he's on the third floor. And he doesn't get this post.

fake abe laeser said...

Hello, I love you, wont you tell me your name?

Anonymous said...

Peter Adrien is a nice guy

so he is a bit slow, but justice does prevail

Anonymous said...

Bail Bondsmen: 1000 premium on a 10,000.00 bond.

Good attorney for an agg battery case: $15,000.00

Getting your case assigned to a complete no nothing criminal defense judge named Adrien who got elected by a fluke and should be ashamed for replacing a very good judge: friggin priceless disaster.

For somethings, there's money. For getting your case assigned to a poor excuse for a Judge, there's just bend over and kiss your sweet ass goodbye.

Anonymous said...

umm ..that should read know nothing...I told you I was drinking.

Anonymous said...

Ok. Here's the rub:
It's not like before the election people were sitting around saying "if we could only get patty marino-culpepper to give up her lucrative trial practice, she's just the top notch legal talent we need on the bench."

No. It's more like...if lawyers were compared to doctors...ms. marino-culpepper would be the assistant to the podiatrist- in charge of washing the foot and clipping the toenails before an operation.
Wow. Aren't we lucky?

Anonymous said...

Alan is a numistmatist..and if you directly confront him on this he will admit it. But he's not proud of it.

Anonymous said...

They say there are now 300 million americans. And the best we can come up with is Judge Adrien and Judge Marino-Culpepper-diaz-ming-wade?

Anonymous said...

9:06 - you missed something - podiatrists are not real doctors - they're foot doctors - remember seinfeld?

Anonymous said...

Wrong-o. Alan is a philatelist. Has been since puberty.

Anonymous said...

I don't have time for this stuff, but for those of you, who split criminal work with civil work, maybe you have time for this.

"My name is Stephen Foster, and I work with the Plaintiff's firm of Arnold & Itkin LLP in Houston, Texas.

Arnold and Itkin LLP has a nationwide maritime and general personal injury practice. One of our clients has a Jones Act case that will be filed in Florida and we are seeking local counsel to file the case.

If you are interested in the possibility of acting as our local counsel, please do not hesitate to contact me. I look forward to hearing from you and can answer any questions about the case and fee arrangements at that time.

Sincerely,

Steve

Stephen R. Foster
Arnold & Itkin LLP
700 Louisiana Street, Suite 4700
Houston, Texas 77002
713.222.3800
713.222.3850 (fax)
sfoster@arnolditkin.com
www.arnolditkin.com"

Anonymous said...

Uh, Mr. Foster, this is the miami justice building blog, we know not of a Jones Act.

Is this something having to do with meeeeee and mrs. Jones? We had a thing....goin on

Abe, say hi to Steven for us, and alan and chris, introduce yourselves.

zzzzzzzzzz, where are you, because Steven "doesn't have time for this stuff."

Jason, get this guy

Anonymous said...

"ray and albert from the vault."

Absolutely positively the most obscure refernce to date on this blog. I love it.

Anonymous said...

A CLUE????

ON SUNDAY JUNE 25 RUMPY OL RUMPY DID THIS POST:

FATE

"To punish me for my contempt for authority
fate made me an authority myself."
Albert Einstein

How will we be punished for our contempt for authority?

Maybe Governor Holly Go Lightly will appoint us to the bench.

Maybe the Cubs will win the World Series.

Maybe an idiot from Texas with a DUI will become president.

Stranger things have happened

HMM...JUST WHO HAS BEEN APPOINTED TO THE BENCH SINCE THEN....REEMBERTO????CARE TO RESPOND????
I THINK I MAY HAVE CAUGHT A RUMPOLE BY THE TOE...BUT IF HE HOLLERS I'LL LET HIM GO/

Anonymous said...

"I don't have time for this stuff..."

back off you texas fool, we here in miami have time for this stuff...

Investigations said...

Rumpole do you have any info on what this case is about against Marisa in the Supreme Court?

Florida Supreme Court Docket

Case Docket
Case Number: SC06-2002 - Active
LAUDI DIAZ vs. MARISA TINKLER MENDEZ

Date Docketed Description Date Due Filed By Notes
10/09/2006 NOTICE-DISCRETIONARY JURIS (DIRECT CONFLICT) PE Marisa Tinkler Mendez 586455 BY: PE Marisa Tinkler Mendez 586455
10/13/2006 No Fee Required HABEAS CORPUS BELOW
10/13/2006 JURIS INITIAL BRIEF DUE 10/16/2006 PS Laudi Diaz 437921 BY: PS Laudi Diaz 437921

Anonymous said...

You guys are a frickin' riot.

Perhaps my post was not clear. I, a Miami Lawyer, was reached out to by the Foster guy, looking for a Miami Lawyer to handle that work down here for his Texas firm.

I myself don't have time for the case due to my situation, Foster and his Texas firm, do absolutely have time for "that stuff."

So I reprinted here, his solicitation looking for a Miami Lawyer to help his firm out, thinking, well this is a site full of lawyers, some actually looking to make money... some who handle more than one field... maybe someone will have time, contact the guy and be able to rack up some simple fees helping file a case.

But I see no one actually likes money around here. Sorry for thinking business like for a moment...

Anonymous said...

The problem with a blog such as this one is that although it is well intended, the posts dedicated to character asassination do more harm then the good that the blog serves.

Anonymous said...

now that abe has gotten active, maybe he can tell us his greatest victories and his worst losses and who were the opposing attorneys with whom he has had the most difficulty with in trial. his comments would be most interesting.

Anonymous said...

Investigations are you from Bean dietl & Associates Private Eyes for Public World @ 800-777-9366, http://investigations.com

so what's up!

Anonymous said...

nice job, steve wynn

omar said...

Judges Cope, Shepherd, and (surprise here) Rothenberg reverese trial courts dismissal of an Information on Defendant's C(4) motion. Shocking, aint it.

the game is the game.

Anonymous said...

when is the election to remove roth from office?

Anonymous said...

Judge Thomas must be feeling incredible stress regarding the Orlando 5 case.

Anonymous said...

Think Thomas will kill the defendants just to prove that he can? This must scare the hell out of the defense.

Anonymous said...

Thomas would never bend to that type of stress. The man will follow the law.

abe laeser said...

Reply to 9:47 blogger: To the best of my recollection, I have lost jury trials to Ellis Rubin, Bob Rosenblatt (2), Steve Rosen, and Roy Black. The last one was in 84' and it was my best case - and worst loss.

At the end of 1982 City of Miami Officer Luis Alvarez shot and killed Neville Johnson in a video arcade in Overtown. The city burned for days in response.

Ms. Reno asked Benton Becker and Robert Beatty to work with Ed Cowart on the prosecution of the case. I will only describe their control over the witnesses as lax - or maybe non-existent would be more correct.

Becker and Beatty quit the case - and left the office - within only months of the trial. The late Judge Cowart was not focused effectively on the case, and Janet asked me to take it over.

After interviewing the witnesses, I found out that nearly all had made contrary statements to the media, and it became a case of doing more with much less. It would not have taken Roy Black to cross-examine when there were videotape interviews that contradicted virtually all of the sworn statements and depositions. And believe me, Roy did a wonderful job. However, I truly believed that the officer had acted unlawfully, and shot because of his own fears.

The trial was very lengthy, and was given daily detailed coverage in the press. Many community leaders came to watch - with a cadre of officers on the other side of the courtroom. Ms. Reno insisted that I have round-the-clock protection (I never quite understood which side she believed would like to have me killed - activists or police).

The verdict went against me.

The City of Miami gave the Johnson family $ 1 million to settle the civil suit.

Why do I consider it a win? The leaders and even many of the activists personally thanked me for putting forth the best effort that I could.

The real reward was that the community response, although there was some unrest, was rather tempered. I always believed that part of the reason was that even the opportunists understood that the government had stood up for their rights.

This may be my rationalization, but I see the result as a great win for the community, and given the evidence presentable - Justice was served. The case was not proven beyond a reasonable doubt.

Thanks for letting me spend lunchtime in story telling.

Anonymous said...

Early voting is Oct 23 2006 and he election November 7 2006.

get all your hate info on Rothenberg at www.operationrestorejustice.com

Rumpole said...

Let me just say that Mr. Laeser's latest post is one of this blog's finest hours. A fascinating look behind one the cases that changed this community. For those of us who lived in Miami in 1982 that was a case we will never forget.

Thank you thank you thank you. You have no idea how happy your post made me. Its why I devote the (minutes) I do to this blog- for great posts like that.

Anonymous said...

Isn't that the case where Abe made some completely inapproriate comment about Black's co-counsel's dead wife?

abe laeser said...

To 8:09 blogger: Judge for yourself. The last trial that I had before the Alvarez trial was, in fact, the prosecution of the killer of the un-named counsel's wife, who had been a police officer when she was robbed and murdered.

I tried the case against Joel Hirschhorn. The un-named attorney was asked NOT to attend the proceedings by the trial judge, after he had threatened Harry Solomon (working with Joel) during a deposition.

After an arduous trial, the killer was convicted. The jury did not recommend for Death.

During the very early stage of the Alvarez trial, an objection was made and all counsel came sidebar. Before we began to speak, the un-named attorney said something to the effect of my trial tactics being consistent with my reputation.

I took umbrage. I think that my precise words were: "My reputation? My reputation was good enough to prosecute the men who killed your wife!"

The un-named attorney's reponse was a moment of frenzy and required that he be restrained.

He has not forgiven me to this day - perhaps rightly so. However, all of us do enough actual damage to our own reputations. It is still mortally insulting to have someone make an ugly insinuation about our reputation when I knew that i was trying my best(in both cases) to bring the killers to Justice.

I did not insult his wife. I never would. I spent too many days and nights with her parents. They thanked me for my efforts for many years after the case was over. We became rather close friends + the Weiner's (maiden name)and I always kept in touch.

You decide: Did I insult anyone's wife?

As I said, I certainly have done things of which I am ashamed, and which have influenced the course of my career. I do not believe that this bit of rampant gossip is one of them.

Anonymous said...

you da man, Abe!

Anonymous said...

Abe, the 12 year old mentality hack lawyers thank you for wasting your good time defending yourself on this blog.

And Mr. Seiden hasn't forgiven any defense lawyer who was involved in his wife's case

Anonymous said...

Abe, there was nothing inappropriate in what you said to Seiden. The comment that provoked your response is not at all surprising. Seiden is an excellent lawyer, but a miserable human being. He hates himself and takes it out on the world.

Anonymous said...

Mark Seiden is a great guy and a loyal friend. You are obviously not his friend- your an enemy. Sign your name you coward.