Tuesday, December 19, 2006

ANA DELGADO

This email was forwarded to us by an attorney. It was not emailed to Rumpole, but I hope Mr. Harris does not object in our posting it. This is what the spirit of the holidays should be about.

On some level, those of us who devote our careers to work in the REGJB are some kind of extended family. This is a nice way of showing you care and remembering a wonderful person.


As you know, Ana Delgado, Judge David Miller’s J.A. passed away last month after an incredible 6 year battle with cancer. She was 44 years old and left behind 3 beautiful girls. We are taking donations to help the family get back on their feet. Her husband, Jose has just returned to work after 6 months of helping care for Ana, and I don’t need to tell you that the bills keep coming in. We are trying to help them as best we can. We were like family. Over the past 20 years Ana has worked in the SAO, P.D. office also for several Criminal Defense Lawyers, the AOC, and many County and Circuit Court Judges. Any donation will be greatly appreciated. I would like to get this email and photo to the Criminal Defense Lawyers that knew and worked with Ana. She was a very special person.
All checks should be made out to Jose Delgado and they can be dropped off in my office, (AOC) room 7100 of the Justice Building. I can be reached at (305) 548-5634.
Remember, the family needs help now and nothing is too small.
Jeff Herris (AOC)



Rumpole says: Please help if you can.

SOMETIMES WRONG
but never in doubt.

Long and careful readers of the blog know that is one of our mottos. Thus it came as no surprise when we arrived at work yesterday morning after court to read that our plea on pleas was dismissed with prejudice by the Honorable Kevin Emas.

(The entire post is in yesterday's comments section. We have edited it for space only.)

Judge Kevin Emas said...
Rumpole: Before you get your DNA in a twist (no pun intended), you ought to know that the lengthening colloquy echoing throughout the halls of the REGJB was not some mysterious conspiratorial plot by trial court judges; it was mandated by a recently-enacted law and a corresponding change to Rule 3.710.
..

The statute, effective July 1, 2006, provides in pertinent part:925.12. DNA testing; defendants entering pleas(2) For defendants seeking to enter a plea of guilty or nolo contendere to a felony on or after July 1, 2006, the court shall inquire of the defendant and of counsel for the defendant and the state as to physical evidence containing DNA known to exist that could exonerate the defendant prior to accepting a plea of guilty or nolo contendere...

As a result of this newly-enacted law, the Supreme Court adopted an emergency amendment to Rule 3.710: In re Amendments to Florida Rules of Criminal Procedure 3.170, 938 So.2d 978 (Fla. 2006):"The Florida Legislature recently enacted chapter 2006-292, Laws of Florida (the Act), which among other things requires courts to inquire into the existence of physical evidence containing DNA that could exonerate a defendant prior to accepting a plea of guilty or nolo contendere to a felony. The Act applies to pleas entered after July 1, 2006. ..

So you see, Rumpole, there is no reason (at least from this example) to be "suspicious of our robed readers." No vast conspiracy here, just constitutional officers doing their constitutional duty. While people can certainly disagree on the reason for this legislative enactment, and whether it will, as a practical matter, accomplish its intended goal, no one can reasonably dispute the fact that the trial court judges are duty-bound to include this language in their plea colloquy.

Kevin Emas

And frequent blog contributor Abe Laeser, who apparently is never beyond kicking a poor blogger when he is down, piled on with this missive last night:

abe laeser said...
Rumpole, nice win on the Colts - but only a 'push' at 50.I actually recall trying a case against Weed. Of course, that was when Hubbart was the PD; and the Earth had not yet fully cooled. Better trial lawyer than his new duties would ever suggest.Surprised you were so off base on the 3.172 plea issue. Perhaps you need a proof reader who spends more time in the books than in the bars. However, for whatever meaning it may have, I trust a person who can handle their alcohol. It is one of the few traits that can exist in every class, race, religion, or gender + tells one something about thier breeding.


Rumpole responds: OK. We give up. Far be it from us to engage in a discourse on laws we don't read and never intend to. However, it is nice to know that even during this holiday season, there are constitutional officers ready to discharge their duty and set us straight.

Our Favourite Herald Scribe, Oh Sussanna Nesmith, hits a home run today with a front page feature on Sy Gaer.

And finally, Rumpole sends his femme fatale football challenger back to the kitchen with his pick of the Colts over the Bengals last night. A lot is going on for a slow holiday season.

See you in court, NOT reading the rules of criminal procedure.

113 comments:

Anonymous said...

Which lucky local attorney just scored the Maloof brothers who own an NBA team and vegas casinos as a client?

Why the Zen Master, of course.

Anonymous said...

Q is a Zen master.
Fear the Q.

Respect the Q

Close your eyes

become the Q

C3PO said...

Rumpole, may I suggest a new strategy? LET THE WOOKIE WIN.

Anonymous said...

Thanks Rumpole. And I wanted to let everyone know, I spoke to so many people who said so many nice things about Sy, I couldn't fit it all in the story. But I posted a bunch of other comments and Sy stories online at www.miamiherald.com And there's a place for comments if people I didn't get to would like to post their stories.
Susannah Nesmith
Miami Herald

Anonymous said...

we love you sy!@!

Anonymous said...

Ana was a wonderful person!

Anonymous said...

More bad news-heard today that Solomon, the fella that used to sell gum at the front door, passed away a couple of weeks ago. I heard this from the new guy that is selling gum there now.

Anonymous said...

the article on gaer is the reason why the public hates lawyers. he does not prepare, does not give a crap about his clients in that he doesnt visit them or take their calls! he is simply a disgrace to the hard working trial attorneys who labor in the justice bldg. he is a walking rule 3 if the pennyless clients he represents had money to hire decent attorneys. the trialmaster

Anonymous said...

I remember Solomon being on Flagler street years ago when I was a child walking downtown with my parents. I remember him as being the first handicapped person that I ever interacted with. It was allways a positive experiance and it was obvious that he was a friendly person, but more importantly, a human being with a kind heart. Interacting with him was one of my earliest life lessons -- I think that lesson and those like it made me a better person today. I learned to be tollerant of all types of people.

Obviously, 3:15 is the son/daughter of a whore and was brought up with no role modles to teach him/her the important lessons of life. I suppose he/she leared how to count the change that his/her ho mom brought home to pay for the "man of the week's" beer. YOU BASTARD FUCK!

s/ Mister Tollerant

Anonymous said...

Batman says:

The dark alleys of this city are no hiding place for the "heartless" and uncharitable among us.

Beware of the ghost of Christmas future 3:15. You may not like what you see.

even steven: try to stay on point. It would help if you took your Ritilin. Maybe you would like to tell us all what you are talking about and share your problem. We are all here to listen and help. Maybe some milk and cookies or a lollipop.

Anonymous said...

where is the post 3:15? The responses are funny but I missed the 3:15 post!!

Rumpole said...

1) The even steven comment was not by THE EVEN STEVEN because he emails me from a special address everytime he posts an email and I got an email from him asking him to let everyone know that is not him.

2) What is it about the holidays that brings out the meanest in people?

Solomon a/k/a the gum guy, was selling gum at the REGJB for almost as long as I can remember. Many attorneys would tell you they would buy gum from him on the day of a verdict as a good luck charm, or to celebrate a win. Those nasty comments about a brave man who got up every morning and went to work facing more of a disabilty then almost any of us could imagine, were heartless, stupid, and were removed. Karma, Kramer- go ahead and make fun of the man-your time is coming whomever you are.

Anonymous said...

Well said Rumpole. Bravo.

Anonymous said...

Batman says:

The fake even steven just returned from the Holocaust conference in Tehran. He was observed at MIA with a freshly washed white sheet and a swatstika tatooed on his arm.

even steven said...

I'm the real even steven- If I am not, Rumpole has complete authority to remove this post.

I don't know Judge Hernandez personally. I have no personal opinion about him. But I know people who do...and its all good.

I don't know that defense attorney who must have dropped ten K partying on south beach this weekend, but I have friends who were with the models who were with him. 1- what a dofus they say
2- but his money was well spent if you get my drift.

PS Eat at Nobu, party at Mansion, and tell the guys at the door even steven sent you.

Anonymous said...

ego ego ego..........

Anonymous said...

Anybody who still doubts the power of the Zen Master, should know that even though he was unable to swing the Alan Iverson to Miami Deal, his negotiating tactics so impressed two millionaire brothers that the Maloofs have now hired him for bukoo bucks.

Anonymous said...

Recently, I met Judge Elect Del Pino for the first time in person. Until I overheard other people addressing her, I did not realize who she was. She looks totally different that her posters!

Anonymous said...

I kinda like the even steven updates. Of course, I kind like dental surgery too.

FAN OF THE MEEKSTER said...

Hey folks! Its that time of year again. I am speaking of the annual meeting of the JUDGE MEEK ROBINETTE SOCIETY. The Man, The Myth, the Legend-

NOBODY FOUND PC LIKE MEEK ROBINETTE: "Unless Ah say otherwahse, AH fahind probable cahause."

Fans of the Meekster meet once a year and tell old stories, jokes and shed a few tears. This year I'm thinking about either Houstons or Ruth Chris's in the Gables. Next Thursday: 7pm. Leave your comments on which restaurant, and I'll make the reservations.

Anonymous said...

Gotta love the Meek one.

Anonymous said...

I realize this blog is mostly by attorneys for attorneys. But if I may speak of someome who wasn't an attorney: I knew Ana Delgado (when I met her she was Ana Carrillo). I knew Ana sifor twenty years, when her girls were still babies. She loved and protected her girls fiercely, and her spirit was so beautiful. I went to see her home when she was first diagnosed, and she fought like a warrior to beat back the cancer. She was doing well for a while, and then, it just took her. You saw in Rumpole's posting what you can do for the girls. Please help if you can. She was such a great lady, my friend Ana.

Rumpole said...

Well said. I think and hope there are plenty of attorneys who will read what you wrote and be moved to send a cheque.

Anonymous said...

Trialmaster.........you nauseate me. Your ego is out of control. I bet Sy could try a case 10x better than you ever could. Does it really hurt your little ego that another defense lawyer can be celebrated? Crawl back under the rock you came from.

PS---his clients love him. That's why he's so damn busy. I know that seems a bit complex for you, but maybe you'll figure it out.

Rumpole said...

See, I knew someone would jump to the defense of Sy.

Anonymous said...

Goob bye penguin Judge. You will be missed.

Anonymous said...

thank you Horace...I hope they will..I knew her so well, and she was so lovely...and her girls meant the world to her...Merry Christmas everyone...MERRY CHRISTMAS TO ALL..And a lovely Hanukkah..as long as there's light in the world..

Anonymous said...

What's with the Justice Building and cancer? Why are so many people in their 40's and 50's getting cancer at MJB? Maybe the county should do an epidemiological study to get some answers.

Anonymous said...

Was Solomon that guy with the wheelchair who was really handicapped and used to sell gum like Chicklets, Dentyne, etc?

If so, that is terribly sad... I haven't been around all those years, but I did also marvel at that guy's ability to do what he did daily.

I too bought gum from him every now and again to support the way he battled such a terrible disability to do what he did.

Anonymous said...

What has Judge David Miller done to help the family of his departed JA?

Anonymous said...

Wordx on the streets...

Gov. Crist selected Bob Butterworth to head DCF only after being turned down by our very own Abe Laeser. It seems Mr. Laeser did not want to commit citing an upcoming run for Miami-Dade Public Defender in 2008.

Anonymous said...

Abe Laeser the Public Defender? That would be cool!!!

Brummer for 21 years and a life in being said...

What would be cool about that? Are you snorting H? It seems so..
Abe likes putting the bad guys in jail. Brummer forever.

Anonymous said...

Brummer today. Brummer tomorrow. Brummer forever.

Anonymous said...

The King is dead. Long Live the king.

abe laeser said...

Although there would be a higher premium on the trials of difficult cases + the training of courtroom skills -- I am not a politician and must decline the kind suggestion. Thank you, anyway.

Anonymous said...

Is Brummer alive?

Anonymous said...

A higher premium on training courtroom skills Abe? Give me a break. You do nothing to help the vast majority of young prosecutors. In fact, you're ice cold to them.

Jason Grey said...

Solomon's last name Is Perez. Ana was a sweet, wonderful, beautiful person with a heart of pure gold

Anonymous said...

As a former ASA I can tell you you are full of it. Abe helps regularly with training and he was allways available to run ideas past.

Anonymous said...

children please!!!!!!!!

Anonymous said...

As a young attorney, I never met Ana in person. However, I did have a couple of cases with Judge Miller before he was transferred. Therefore, I spoke to Ana numerous times over the phone. She always talked to me like she had known me for ten years. I could tell that there was something very special about her.

Anonymous said...

2:01----BS. While David Gilbert always made himself available to teach evidence during the County Court trainings, Abe did not. Further, while he may help SOME people, his cold demeanor has alientated most.

Anonymous said...

Just because a person is too chicken shit to approach the guy and ask a quesiton does not mean he was not available. And, he absolutely was allways involved in trainings.

Anonymous said...

A good trainer anticipates that people will often not ask a question for fear of appearing uninformed. Abe may be mellowing with age, but his demeanor has never been one that invites younger attorneys to speak freely with him and his reputation has been like his personality..cold as ice. He may be involved with training indirectly, but he is not an open book and most young ASA's have never been in his circle as a result. Many avoid him entirely. That is simply a fact.

Anonymous said...

say what you want about Abe, if someone kills me, i want abe to prosecute them

abe laeser said...

For what it is worth -- I have my own quirks and personality. I am sorry that I seem perceived of as indifferent or cold. I may be hard to love, but I am not Spock.

However, I have never turned an ASA away + spend a long time in case prep with ANYONE who wants to ask. That is ANYONE from County Court through my Capital peers. It has always been my practice to do so, unless I am in trial.

If I frighten the timid, I may be the lesser man for it. I try to make up for it by regular and multiple training courses throughout the year, and courses for prosecutors away from the office. If any ASA would like to take me up on the offer, I should be back after some family matters are concluded by mid-January.

I believe that I still have skills to pass on - and enjoy my times when I can do so. After all, they are not about to make me managing partner, so all I can do is teach what I have learned. I would love to help develop the replacements for the aging Major Crimes crew - the dinosaurs will all die off one day.

I really do not mind telling you my inner thoughts. It may not make those who choose to hate the image see me any differently. Those who know me - beyond the image - know the truth.

Rumpole said...

For those young prosecutors who peruse these digital pages, you can't get a better invitation than that from one of the very best trial lawyers in this town. if you joined your office to get experience, you ought to accept Mr. Laeser's invitation.

Rumpole said...

A man's life and career is measured by more than one allegation.

Rumpole said...

That's why your stupid and non-contributing quip was removed.

Anonymous said...

rump. it was not an allegation it was a conceded fact that got abe demoted.

Anonymous said...

I posted one of the Abe comments about how difficult he is to approach (not the one that got deleted). It always frustrated me that a man of Abe's incredible talent was so unapproachable. I am glad to see that he now is extending himself. It takes a lot of guts to that (and post using his name).

I STRONGLY encourage all of you young prosecutors to take advantage of his offer.......he truly is a great lawyer and can teach you more than almost anyone.

PS---yes, Abe, you can sway some of your critics (at least those of us who don't take this personally and really are sincere about wanting you to help the young prosecutors).

abe laeser said...

Yes. I got demoted 16 years ago.

The full and accurate facts were never disclosed. The media version was cooked up by the PD and the Herald reporter (a dupe).

Patton lost his command. Not for a wartime error, but for slapping a soldier who was in the infirmary for 'battle fatigue'. I am not Patton, but I can wage a battle effectively.

What I did to get demoted was plainly wrong. I have never been promoted, since the justification for doing so could never overcome any media inquiry. I have resigned myself to being a trial lawyer, gadfly, and teacher / trainer. I chose not to leave and see if I could earn a six figure income in private practice (always assumed that I could).

If that is all you know of me, you are just being petty. As was once written, "Let he who is without sin cast the first stone."

If you are still angry, just make this a personal contact. Speak to me. See if there is more there than you have come to believe. My time has always been shared. My vocation is my avocation.

Now off to see the new grandaughter. Enough of this light banter.

Anonymous said...

just remember, Abe is not offering teach you how to act like a professional human being, that is something some of you will never get.

Anonymous said...

you go abe!!!!

Rumpole said...

You see, that was handled with more class than you (the idiot who left the comment) could ever hope to have.

PS. WE always wanted to be the REGJB Gadfly.

PSS Mazltov on the new grandaughter. Children and grandchildren are a true blessing.

Carlos Martinez said...

Re becoming the next Public Defender,
abe laeser said...
Although there would be a higher premium on the trials of difficult cases + the training of courtroom skills -- I am not a politician and must decline the kind suggestion. Thank you, anyway.

How dare you Sir. You have not the slightest inclination of the preperation it takes to defend a death penalty case.

Anonymous said...

Mazltov Abe. (Always wondered how to spell that.) Never had a problem approaching Abe when I was there. Sounds like anonymous may be a bit timid-get a new line of work Dorothy!

Anonymous said...

Scene from US-1 or close by:

Some attorney in a $165k Mustang sitting on the side of the road, fuming, as his car has decided to stop, and not budge another inch,

why it's none other than our own Horace Rumpole, presently without his wheels

Rumpole said...

I know this much= the very best preparation for defending a case is knowing what the prosecution has and is going to do.

As Su Tzu wrote:

So it is said that if you know your enemies and know yourself, you will not be imperiled in a hundred battles; if you do not know your enemies but do know yourself, you will win one and lose one; if you do not know your enemies nor yourself, you will be imperiled in every single battle.

Rumpole said...

Sir, as large as my ego, it is not large enough to fill a 165K dollar car. There are too many other things I can do with that money.
like not work for a month.

Anonymous said...

"our own Horace Rumpole"

You taking about Phil . R.

We can settle this now what is the make and year of Phil R's vehicle.

If the value of his car compares to his web site picture I will guess umm "hyundai accent" ?

Anonymous said...

thats gonna leave a mark...

Anonymous said...

I was an ASA in the early late 80s early 90s and recal Abe giving one of the greatest training sessions I can remember. It was in courtroom 4-1 and he talked about everything from what to wear on day 1, 2, 3... of the trial to how to deliver a closing. In the Justice Building, he was the man then, is now and will be always. There was nothing I enjoyed more than finding out when Abe was in trial and watching every possible second.

By the way Abe, nice Jesus quote from the Gospel.

Phil R said...

If you are certain that the person by the side of the road in the 150K sports car is Rumpole, then you have the wrong guy. I drive a sensible truck.
The guy in the sports car is my friend Alan Shuminer, and indeed yesterday, on his birthday, it did breakdown.

As to 7:42, I never said I was better looking than you, just a better lawyer, smarter, and with enough class not to take anonymous cheap shots at people.

Rumpole said...

Now if someone can race over to Phil's house, I will post, and then he will have an alibi. Umm... on second thought, based on events earlier this year, you better not do that.

Sorry, but I couldn't resist that. All in good fun though, right?

Rumpole said...

no...no ad hominem attacks. take it somewhere else.

Thetruth said...

Why did you lift that post-it was quality humor.

Rumpole said...

no it wasnt. my post was funny, yours was mean, and i am the ultimate arbiter of funny.

thetruth said...

Mean? Abe is my heroe and that was nothing but complementary.

fake ted mastos said...

ayaum, (chomp chomp chomp) umm..hmmm.. (chom chomp chomp) Huh?

Rumpole said...

I am also the final arbiter of complimentary.

Fake Alex Michaels said...

Arrrgghh.. dast bullllshieeeeet.

New Fake Gum Guy said...

I like this gig.

Fake PD Todd said...

I just love Judge Emas.

Fake Brian Tannebaum said...

Party at my house!

Anonymous said...

How can you not think that is soooo funny?

Anonymous said...

zzzzzzzzzzzzzzzzzzzzzzzzzzzz

Fake former ASA who used to be a stripper said...

Party? Where?

fake bored guy said...

zzzzzzzzzzz too.

Rumpole said...

go away little man.

Anonymous said...

You missed one.

Rumpole said...

i win. i always do.

Rumpole said...

it may be time to call it a night and turn on moderation.

Anonymous said...

Made you look.

Anonymous said...

Abe would love those.

fake sexy columbian security chick said...

hey wait, i need to pat you down.

Anonymous said...

no moderation-i'm done.

Rumpole said...

ok- made you look. that was funny.

Anonymous said...

boy is she hot. Those smoldering bedroom eyes, pouty lips, ...i gotta go take a cold shower. I love her. really. its love.

Anonymous said...

If everyone is done, can I close it out with these thoughts?
Q cleaned up in DUI's this year.
He is the DUI man. a legend in his own time. The one lawyer who every ASA fears.

Fear the Q
Respect the Q
Close your eyes

become the Q.

Thank you and goodnight. You've been a great audience and remember to tip your waitresses.

thethruth said...

Thanks. Those other ones dont make you chuckle at all?

Anonymous said...

I always wondered....What does Mazltov mean? Obviously, I'm not Jewish.

Anonymous said...

Removing one of a double post. An indication of a neurotic personality. Anal retentive if you will.

Rumpole said...

ouch.

Anonymous said...

Congratulation!Mazal Tov on learning something!

part-time Jewish scholar said...

Mazel means luck or fortune.

Tov is the word for day.

Literally, it means lucky day.

However the phrase has come to mean a wish for good luck, good fortunes, or a good future. It is often said at festive events / weddings, Bat Mitzvahs, etc.

Anonymous said...

rump lease ban quirantes from writing on this website. the q this the q that. the que couldnt try his way out of a wet paper bag

Anonymous said...

All men are created equal.
They are endowed by their creator with certain inalienable rights including the right to earn a quarter mil a year at the public trough, right DW?

Rumpole said...

Anonymous mumbled:

rump lease ban quirantes from writing on this website.

Rumpole replies: lest your forgot, this is an English only blog.

Anonymous said...

how would Phil R know one way or the other whether "his friend" A.S. is Rumpole or not. Only me and Rumpole knows who he is and Rumpole drives (drove) a 165k Mustang

Anonymous said...

So he's not rumpole? I just re-read the posts. He said that the person you referred to was Shuminer, because he knew his car broke down yesterday, which is what you wrote, right?

Anonymous said...

What Phil said was:

"If you are certain that the person by the side of the road in the 150K sports car is Rumpole, then you have the wrong guy."

I repeat, how would he know that I have the wrong guy?

Who is he, mister know-it-all. How would he know that A.S. is not Rumpole?

What is Phil's bone in this - I accused the guy in the sweet ride of being Rumpole. Phil insists that the person is not Rumpole.

Got It Now!

Anonymous said...

rumpole,rumpole, bo bumpole, banana fana fo fumpole, fi fie bo bumpole, rumpole.

Anonymous said...

I mean mo mumpole!@!

Rabbi Shlomo Meeskite said...

TO: Part Time Jewish Scholar

FROM: Fulltime Schmuck

Respectfully, I must disagree with your definition. While you are correct that the word mazel's tranlation is luck, the word tov means good, as in tov meod (very good). The hebrew word for day is yom.

Anonymous said...

"I repeat, how would he know that I have the wrong guy?

Who is he, mister know-it-all. How would he know that A.S. is not Rumpole?"

THATS VERY INTERESTING...I WILL PONDER THIS FOR A DAY OR TWO AND HAVE FINAL RESULTS COME FRIDAY.

PS. PLEASE NO UNANNOUCED VISITS TO PHIL. R'S CRIB (A.K.A. MR. KNOW IT ALL) UNTIL FURTHER EVALUATION OF THE FACTS.

"WAR" said...

Why can't we be friends?
Why can't we be friends?
Why can't we be friends?
Why can't we be friends?

Why can't we be friends?
Why can't we be friends?
Why can't we be friends?
Why can't we be friends?

Why can't we be friends?
Why can't we be friends?
Why can't we be friends?
Why can't we be friends?

Anonymous said...

No genuis (I'm going back to being mean) when I said wrong guy - I meant me- meaning if the guy in the sports car- Shumie - is Rumple- which I think would be hysterical, then all you detectives accusing me have the wrong guy. Get it?

Phil R

Anonymous said...

Former ASA here:
When the old Major Crimes division was around, it was definitely a private club. You pretty much had to be let in the front door by someone on the inside. I was fortunate enough to be let in via trying a couple death cases with other Major Crimes prosecutors. Once I was "in," I realized Abe is a really good guy with a very good sense of humor (as dry as it may be). Behind the serious look and the deep voice is a really cool guy. He even called me by my first name in front of a bunch of other new pit prosecutors once, which really made me look cool at the time. Thanks Abe.

P.S.- Where is Jason these days?

Anonymous said...

Phil...........why do keep responding to this nonsense? CHILL DUDE

Anonymous said...

Rump, you have left many clues...I know who you are. Boy if the general public ever finds out, will they be surprised!!! Will you be posting next month????...:)

Anonymous said...

SPACESHIP!!!!