There seems to be quite a bit of discussion on the roles of prosecutors and defense attorneys. At the extremes, people are saying prosecutors are out to get everyone and defense attorneys use lies and tricks to return murders and rapists to the streets.
That is so Hollywood, and so misleading.
But perhaps it’s time for people to talk about what they do.
We’ll start.
I am a lawyer. I work for myself. I like what I do.
When people are in trouble, they call me.
When people have made a mistake, they call me.
Families turn to me to help one of their own that they can’t help.
Parents place their children’s future in my hands.
Some of my clients have done very little wrong, and yet, their lives are consumed by an upcoming court date. My job is to put them at ease.
Some of my clients have been accused of horrible things and have not done what they are accused of. My job is to save their life and return their life to them. When I am successful, it is the greatest feeling in the world. When I am not…well thankfully, I can’t really think of a truly innocent client who’s case I have lost. Actually, there may be one. It was an economic crimes case. And even in that case, the client knew he was associating with people he should not have gotten into business with. But I lost the case in Federal court and he went to prison (he’s out now) and it still bothers me almost ten years later, even though we have stayed in touch and he has put his life back together.
Some of my clients have done horrible things and I can’t find one piece of common ground to communicate with them. They take their anger out on me. I pity them and curse myself when I can’t think of a way to help them.
Some of my clients have done horrible things, and are otherwise very nice. These are the most dangerous people, as these clients try and overwhelm me with their apparent decentness, thus obscuring the facts of the case. You can never lose sight of the facts, no matter how nice your client seems.
At the end of a rather long period of working for myself, this much I can say: Even though I do a decent amount of defense in serious and capital cases, the number of people I have met who were truly dangerous can be counted on one hand. In none of those cases was an “injustice done”. Take that for what you want it to mean.
Many clients who I have successfully helped were thrust into a truly amazing set of facts and circumstances that resulted in a serious criminal case. In most of those cases, my clients have never again been arrested and I am happy that I helped them resume a productive life.
What I find most troubling about my business is that I have a talent that I find difficult to use. I can try a case. I can plan a cross examination to last four hours or two days, and have every point hit home. I pick a good jury, and give a good closing argument. I win most of my cases. But I try between 2-10 cases in any given year.
The rest of the time is devoted to the worst part of my business-
the business end of being a lawyer.
I hate it. I'm probably not that good at it. Better than some, worse than others.
Maybe, just maybe, I will apply to the Public Defenders Office some day. If they will have an old grumpy lawyer like me.
See You In Court.
If a Judge or PD or ASA wants to email us a missive on what they do, we would love to post it up front. You can send it anonymously, or just ask us to keep it anonymous. We will do so.
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.
65 comments:
I am a proscutor.
I think everything the defense bar does is an evil plot to overthrow the empire.
I am a pd.
I think no crime should be punished.
I am a private defense lawyer.
I just want the money.
That should sum it up.
My day just got great! I just learned Frank Pichel took a plea to a misdemeanor and had to give up his certification. You guys all remember Pichel don't you? Yeah!! He's gone. I love life. The only one who's sad about this is Steve Talpins who used to be so far up Frank's ass, all you saw were Steve's feet. Judge Mapp used to call Steve "the little General."
Ex-officer makes plea deal in drug caseBY DAVID OVALLE
dovalle@MiamiHerald.com
An outspoken former Miami police sergeant accused of selling small amounts of steroids and an erectile dysfunction drug has pleaded no contest to a misdemeanor charge of possessing a drug.
Prosecutors on Tuesday dropped felony charges against Francisco Pichel, who agreed as part of the plea deal to give up his Florida police certification.
He was set to retire anyway, said his attorney, Gregory Denaro. No conviction will appear on his record.
Pichel was confident he would have been acquitted but accepted the plea because ''it was basically a dismissal of the case,'' Denaro said.
He was charged with the unlawful use of a communications device and possession with the intent to sell 400 milligrams of liquid testosterone, and three pills of Cialis.
Miami Maj. George Cadavid, who heads internal affairs, said today that the plea deal was acceptable.
''Our biggest factor was that he give up his certification, and he agreed to do that,'' Cadavid said.
The former officer will also donate $2,500 to Kristi House, an organization that provides services to child victims of sexual abuse.
Authorities said the arrest came after someone tipped off police in March that Pichel was dealing in illegal drugs.
Internal affairs detectives later wired an informant and caught on video and audio what appeared to be Pichel arranging and selling two bottles of testosterone and three Cialis pills for $340.
A self-described whister-blower, Pichel was fired in 2003 after allegedly leaking sensitive information about a serial rape case investigation to The Miami Herald. He was later reinstated after several city commissioners complained.
In October 2001, he lost a whistle-blower's lawsuit against the city and former Chief William O'Brien that claimed Pichel was targeted for retaliation after taking on a ''corrupt and violent'' gang of officers.
Denaro today criticized Pichel's arrest, saying the investigation was full of discrepancies and investigators had vendettas. Cadavid dismissed those claims.
''Everything was caught on audio and video. The tapes speak for themselves,'' Cadavid said.
Rumpole: you finally admitted you are a grumpy bitter lawyer who sits in the first floor cafeteria of the courthouse gossiping and dredging up dirt/gossip/or just needless information like who just filed this or plead that. Now that you are under so much heat for all your ethical lapses, violation of bar rules, vicious personal attacks on elected officials because you can't be one-you know are trying to show some humility before you reveal yourself and take down this blog to save your law license. You are like a junior high school girl jealous of her peers because no one likes her. You only people who like you are the ten blog assistants you have who kiss your ... or who cocounsel or want to cocounsel death cases.
I get guilty people off and love every second of it.
that's cause that's what they pay you for...
I love it when a rich child-rapist pedophile gets to go free, after they have paid my fee. I have no concerns that your child might be next. I have no soul (sold it for seven years of wealth). Guess what I do for a living?
You are obviously an ASA with the avearge level of intelligence for the breed: not very high. No defense attorney thinks that way, prosecutors think defense attorneys think that way because they simply do not understand the way upholding our constitution affects us all. By the way ASA with priviliges to use the internet (we all know only DCs or higher get that right). What do you plan on doing in 10 years: (1) being a pathetic, disinterested prosecutor who does not care whether or not the new ASAs do a good job or (2) being retired, and telling all kinds of great stories how you protected society through shoddy retroactive investigations that only punish people who have done wrong, but fail to protect anybody from anything? Can you guess what I do?
TO ALL ASAS -ESPECIALLY YOUNG ONES FRESH OUT OF LAW SCHOOL(less than 5 years as lawyer.Listen very carefully.THE MORE YOU DESPISE DEFENSE ATTORNEYS THE MORE LIKELY YOU WILL BE ONE WITHIN 3-5 YEARS. Just about every defense attorney you hate was a former asa. 90% of the best defense attorney in the USA are former prosecutors with Roy Black being one of the only exceptions.
the game is the game
don't forget top defense attorney bruce fleischer was also a PD.
nothing like shamless self promotion bruce. the game is the game.
other than roy and bruce can we name some of the successful former PDS?
"rump is under so much heat for all your ethical lapses, violation of bar rules, vicious personal attacks on elected officials?"
back up your charge with a little evidence, please.
Jack Denaro is the best in town - and a former P.D. Roy is for 'show', but not if your life is on the line.
why would anyone want to name sucessful former pds or asa's on this blog - it will only result in the 5 year olds saying stupid shit
Roy Black is "for show". Are you young or delusional or Denaro's son? In the late 80s I was working for a federal judge and his secretary told me RB was in the building. I went and watched him do oral argument on a federal case before the 11th circuit who came down from Atlanta. They let him speak for about 20 minutes, thanked him, and didn't ask a question. The epitomy of respect by judges just below the US Supreme Court. The next case the judges chewed up the attorneys after they said 10 words. In his mid forties he already had such a long list of accomplishments and phenomenal reputation that in any given year he worked on more challeging and important cases than most of us will see in 10 years. When the Kennedy family picks you to defend one of their own there is a reason. Perhaps this blog could name the ten attorneys in the REG building that prosecutors fear the way they fear Roy Black. What defense attorneys, when they prepare for trial, does the state need 5-8 attorneys just to keep up with.?
I have it on good authority that the following attorneys send shivers down the spine of the SAO whenever one of their felony cases approaches trial. 1. Mark Eiglarsh 2. Michael Catalano 3. Dan Lurvey 4. Jason Grey 5.Brian Tannebaum.
buckle up - the 5 years olds are out posting, just like I said
Here comes the hate
Anonymous said...
Rumpole: you finally admitted you are a grumpy bitter lawyer who sits in the first floor cafeteria of the courthouse gossiping and dredging up dirt/gossip/or just needless information like who just filed this or plead that. Now that you are under so much heat for all your ethical lapses, violation of bar rules, vicious personal attacks on elected officials because you can't be one-you know are trying to show some humility before you reveal yourself and take down this blog to save your law license.
Rumpole responds: Grumpy? Yes. Bitter? No. I love my job and my life. What do I have to be bitter about? Afraid? Of who? Bar violations? Not likely mate.
Happy? You bet.
Are you happy? Doesn't seem like it.
PS: I would stop the blog if it was a violation of any ethical rules. I have researched it, despite my aversion to reading law, and asked the finest legal minds (whose email address I have) and all opined I have not violated any rules.
You know, I could run this blog the wrong way. Take cheap shots at lawyers and judges, print rumors about their personal life, ridicule their looks. But I haven't done that. Indeed, I take those posts down when my readers do that?
So what exactly am I doing that is so wrong?
Rumpole - just in the last two days your blog has done nothing but smear the reputation of a 3rd DCA judge, former circuit judge of 10 years, former candidate for office and prosecutor for about 10 years. Not a bad resume. Why not take shots at corrupt people - there are plenty of them in Miami, violent career criminals, the war. But no- you criticize- and publish the anonymous posts of other critics - usually of people who have done nothing wrong other than not be as old, experienced, bitter and having the propensity to enjoy defending people who commit premeditated murder as much as you seem to.
former pds of acclaim are harris sperber and mike tarkoff,jerry breslin[before they went to jail]. h.t smith, joe lang kershaw,danny veloyas and of course david the finger. any others come to mind?
5:27 check your case law on the subject.
RUMPOLE does not permit or allow people to say or post anything. He has a free independent discussion of issues posted by free minded people. Rumpole does NOT decide what gets posted by the people its a blog.
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in 2002, many blogs focused on comments by U.S. Senate Majority Leader Trent Lott. Senator Lott, at a party honoring U.S. Senator Strom Thurmond, praised Senator Thurmond by suggesting that the United States would have been better off had Thurmond been elected president. Lott's critics saw these comments as a tacit approval of racial segregation, a policy advocated by Thurmond's 1948 presidential campaign. This view was reinforced by documents and recorded interviews dug up by bloggers. (See Josh Marshall's Talking Points Memo.) Though Lott's comments were made at a public event attended by the media, no major media organizations reported on his controversial comments until after blogs broke the story. Blogging helped to create a political crisis that forced Lott to step down as majority leader.
The impact of this story gave greater credibility to blogs as a medium of news dissemination. Though often seen as partisan gossips, bloggers sometimes lead the way in bringing key information to public light, with mainstream media having to follow their lead. More often, however, news blogs tend to react to material already published by the mainstream media.
Since 2002, blogs have gained increasing notice and coverage for their role in breaking, shaping, and spinning news stories. The Iraq war saw bloggers taking measured and passionate points of view that go beyond the traditional left-right divide of the political spectrum.
Blogging by established politicians and political candidates, to express opinions on war and other issues, cemented blogs' role as a news source. (See Howard Dean and Wesley Clark.) Meanwhile, an increasing number of experts blogged, making blogs a source of in-depth analysis. (See Daniel Drezner and J. Bradford DeLong.)
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The emergence of blogging has brought a range of legal liabilities. Employers have "dooced" (fired) employees who maintain personal blogs that discuss their employers.[16] The major areas of concern are the issues of proprietary or confidential information, and defamation. Several cases have been brought before the national courts against bloggers and the courts have returned with mixed verdicts. In John Doe v. Patrick Cahill, the Delaware Supreme Court held that stringent standards had to be met to unmask anonymous bloggers, and also took the unusual step of dismissing the libel case itself (as unfounded under American libel law) rather than referring it back to the trial court for reconsideration. In a bizarre twist, the Cahills were able to find the ISP address of John Doe, who turned out to be the person they suspected: the town's mayor, Councilman Cahill's political rival. The Cahills amended their original complaint, and the mayor settled the case rather than going to trial.
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In Britain, a college lecturer contributed to a blog in which she referred to a politician (who had also expressed his views in the same blog) using various uncomplimentary names, including referring to him as a "Nazi". The politician found out the real name of the lecturer (she wrote under a pseudonym) via the ISP and successfully sued her for £10,000 in damages and £7,200 costs.[19]
Mark Cuban, owner of the Dallas Mavericks, was recently fined during the 2006 NBA playoffs for criticizing NBA officials on the court and in his blog. [20]
Ellen Simonetti, a US airline attendant, lost her job after posting photos of herself in uniform displaying more cleavage than ordinary on her blog "The Queen of the Sky".[21] Simonetti took legal action against the airline for "wrongful termination, defamation of character and lost future wages"[22].
In India, blogger Gaurav Sabnis quit his job at IBM after his posts exposing the false claims of a management school, IIPM, led to management of IIPM threatening to burn their IBM laptops as a sign of protest against him
stan blake, david peckins, former pds
I don't know one person who dislikes Dan Lurvey. He's a professional, a talented attorney, and an all around great guy.
yeah, but this is the blog, lets say nasty things about him, because, uh, we're juvenile. Doesnt have to be true, just things that will make us feel good as we endure our miserable lives.
Yes there is a Lord.
1. That CFC "hate group" owner never payed his $11-k fine from feb 2006 as reported on this blog a few days ago.
2. The State Election Commission is filing a formal judgement against him for the $11-K.
Now here is even better news his web site at: www.mdccc.org has been shut down as of today.
This guy took $300 a pop from canidates in the 9/5 election primary for some illegal dinner or get together of haters. Yea check the campaign reports of these canidates who said YES to hate.
www.mdccc.org I should try and buy the name and place a link to savedade.org on the site.
Thanks Mom.
Rumpole your blog is so predictable. Post someone name - their friend calls them and says their name is in blog- friend then says something in defense of the person even if nothing bad was said about the person. So now its time for the following to come to the defense of each other, anonymously of course. Matters, Reisenstein, Grey, Lurvery, Lyons, Catalano, Denaro, Reiff, Alschuler, Tannebaum, Marcus, Gaer, Laesar, Glick, Piniero,etc. etc.
It wasn't my Mom?
To Fake Dan Lurvey: your friend is a child-he follows people around the courthouse like a child-looking for absurb gossip-this judge yelled at an attorney today, this asa is pregnant. what a child.Anyone who knows Lurvey from when he was an asa is that he was one of those division chiefs your blog criticized for being mean, out of control, power driven and not compassionate. If he was given any real power it would be scary indeed.
I am not fake DanLurvey and I believe my reputation as an ASA was the opposite of what you suggest. Now stop it Mom.
This is not the real or fake Dan Lurvey. Dan was a very honest prosecutor. Not a "hard ass" at all. Very fair. He's a good defense attorney too, but nothing stellar or anything. I doubt very highly any prosecutor shivers with fear when he walks in a room. Chris Lyons is a good defense attorney too, but the only prosecutors who shiver when he comes around are the girls who think he's cute and haven't yet realized that he plays on the other team.
No ASA shivers about Mark Eiglarsh. I'm an ASA. Trust me on this one.
Why do you think I am his partner.
what happened to Chris and Alan.
did they get banned by .....
They got bored of themselves. What about mah blogga and Judge Millie Vanilli.
The comments made under "What we do" are very interesting and accurate. As a judge, I would like to read other thoughtful comments. The blog is a lot more insightful comments and less silly ones. The blog can be a good tool for all of us if used responsibly and not with hatred, revenge or bigotry. I encourage all of us to rise to the occasion.
Hey anonymous Judge; Regarding your appeal to civility - you can take that black robe and shove it up ....
As a Judge I would like to see more sexually explicit posts. Preferbly with pictures attached. Whatever happened to the lovely Portia. Remember how our imaginations roamed with just a couple of posts. Imagine lots of posts-with pics. Porn rocks!
My girlfriend and I have had a great laugh thanks to the "shove it" post. None of the people mentioned make any prosecutor shiver. Perhaps Black makes a prosecutor "quiver"...with excitement that is...to go up against the best there is. When I was an ASA I loved to see him or others on a case because it meant that you would get a chance to test yourself. Now, every ASA and AUSA thinks that way...dreaming of being able to tell their friends "I got a guilty against Roy Black"...they prepare and work those cases up like none other, AND, the guy still wins! Now, question for the blog Rumpole: Who would you like most to brag that you beat in trial? The first answer should be the person to show you got props and the second the person you just want the satisfaction of beating.
got skills you mean.
Laeser/Levine
(1) Sharpstein
(2) Markus
nice to see we have prosecutors that want to "beat" certain lawyers in trial.
Grow up.
Roy Black
G. Levine
Grow up? What's wrong with friendly competitive motivation? Stupid? Your momma dresses in combat boots.
Grow up-Loosen up.
None of us should ever “shiver” at the thought of trying a case against anyone. Remember it is not about us. I would like to think that my reputation for competence is enough to cause a prosecutor with a less than perfect case to make concessions. Anything more is fantasy. To those of us who do not like to try cases, Why do you do this? There are so many aspects of the law, and most more lucrative.
I like a little honey dew melon wrapped in pracitto
I think I got a hand cramp trying to scroll past that long post...
Sorry, Rumpole it is a long post. Fine to erase, but read it first, I would like to know your opinion.
thanks
Sy, stop posting these long BS posts
Erase that fucken thing!!!!
a separate area for gays. please.
thanks
Fake L. Rothenberg
a place to run judicial campaigns
Regarding that really long post: did you ever notice that the major 3 tv networks almost always cover the same stories every night on the news, that if you criticize the government you end up on watch list, get your taxes audited, phone tapped, literally strip searched at the airport. Ever notice that no rich people or politicians are among the 3000 soldiers dead or 17000 amputees who have come back. That long post, although not written with the same command of the English language that lawyers have is factually accurate. Our president has admitted that there were no weapons of mass destruction and twice has admitted there was no reason to invade Iraq. He has stated we are staying until the end of his presidency and by then we will be in Iran or Pakistan or North Korea and before long we will see the same casualty figures as Vietnam - 58000 american soldiers dead. Recent story this week says american military has caused 600000 iraqis to die since we invaded iraq to avenge the assassination attempt on Bush's father. Plans were made to invade Iraq before 9/11. As Ike warned, the military industrial complex runs this country. We are in Iraq because of oil and for corportations and republicans to remain wealthy while poor white, black and hispanic kids, with some exceptions, get their heads blown off driving through Bagdad in convertibles because the military isn't properly equipped. Because our leaders condone violence and without a basis for doing so invade and kill we are such a violent society that you cannot watch the nightly news in this country without hearing about murder or school shootings. 5 school shootings in the last two weeks, a murder every other day in south florida. This country has so many problems and if you mention them publicly they open a file on you. Our kids kill each other because that is the example our president has set. It's a disgrace. SORRY TO TAKE UP YOUR SPACE RUMPOLE, now post a new blog about judge ___ nose hair, a new babe at the au pain coffee bar, and of course that attorney a is better than attorney b or the sao stinks, or brummer is asleep etc.
riddler, we also need a small grow house to supply our smoking room with local flavors
rumpole I am sorry but wtf on the long post
delete key hit it a few times. rumpole put down the oreos and cheetos and delete that long post.
"D’Arce, 34, acknowledged in an interview that he has worked for judicial candidates in past years, including Diane Ward, Judy Rubenstein, Peter Adrien, Gabriel Martin and Ivan Fernandez, and has set up a corporation to do political consulting, called Pericles"
MY THOUGHT IS DOES:
Diane Ward,
Judy Rubenstein,
Peter Adrien,
Gabriel Martin
Ivan Fernandez
DO THEY STILL HAVE CONTACT WITH HIM OR DID HE BURN THAT BRIDGE?
ANY WORD ON WHO HATES HIM FROM THE LIST ABOVE?
Anonymous said...
Sy, stop posting these long BS posts
Thursday, October 12, 2006 10:35:09 PM
Anonymous said...
Erase that fucken thing!!!!
Thursday, October 12, 2006 10:45:48 PM
__________________________-
OF COURSE THE THE ONLY REASON YOU OBJECT, IS BECAUSE YOU FALL IN THE CATEGORY OF BUSH----GET ALIFE AND A NEW HEART—AND WHY YOU ARE AT IT GO FIGHT IN IRAQ MAYBE YOU BOTH WILL LEARN WHAT EVERYTHING IS ALL ABOUT----AND PICK UP A BETTER LANGUAGE BUNCH IDIOTS!
riddler,
we also need a small space in the REG to peddle our goods
JA coalition
i love saying "my client has a job" and trying to keep a straight face. makes the mornings fun.
asa's shivering re catalano on a felony? when does the cat ever get a felony unless it is a driving with an HTO?
the only thing he inspires is dread watching him dance as he tries to continue every case untill the trooper retires
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