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

Friday, January 26, 2007

GENARLOW WILSON

For those of you logging on to see the normal Sunday blog post, I know the feeling of going through Football withdrawal. Try the NFL channel on cable. I thought the least we could do is leave the Wilson post up all weekend so as many people as possible can see this injustice.

A thoughtful reader left this comment:


2 white seton hall college students get 5 years prison for the death of 3 students from smoke inhalation due to a fire they set. A black honor student gets tens years in prison for [consensual oral sex] . what a country.

There will be a new post up tomorrow to start the week.


SHAME ON GEORGIA.

SHAME ON AMERICAN JUSTICE.


When he was 17 years old, Genarlow Wilson, a 17 year old African American teenager in Douglasvile Georgia, was receiving post cards from Colombia and Brown, wishing him luck on his SAT’s and hoping to recruit the football star to their University.

Now that he is 20 years old, Genarlow Wilson sits in a cell at a Georgia State Penitentiary, two years into a ten year minimum mandatory sentence for having oral sex with a 15 year old girl when he was 17.

During the criminal case, everyone, including the young woman and the prosecution agreed that the sex was consensual and requested and initiated by the young woman. At the time, in Georgia, it was a misdemeanor for teenagers less than three years apart to have intercourse, but a felony for the same teenagers to have oral sex.

Based on the publicity of the case, the Georgia legislature has sinced changed the law, but the legislature did not make it retroactive to Wilson’s case.

According to the 2000 US Census, there are about 18 million teenagers in the US.

One of every 3 girls has had sex by age 16 and 2 out of 3 by age 18. Two of 3 boys have had sex by age 18. [Source: National Campaign to Prevent Teen Pregnancy]

By our crude calculations, 7-10 million teenagers should be in that jail cell serving time with Wilson.

From the ESPN article about Wilson:


Two days later, in February 2005, Genarlow Wilson walked into a courtroom. Two charges already had been dropped, and it was clear from the first witness that the rape charge wouldn't stick either. The aggravated child molestation, though, was on tape.

Genarlow tried to defend himself against the assigned prosecutor, Eddie Barker.

"Sir," Wilson told him, "you don't even know me. I understand you're just doing your job, sure, but I mean, how would you feel if you were my age and you were put on the stand with these serious charges at this young age? I have a little sister. Why would I molest anyone, sir?"
"

I'm not on trial here, Mr. Wilson," Barker said. "You're the one who did these acts, not me."

The day before the trial was expected to end, in the last night he'd ever spend at his home, Wilson went to a church down the street and asked the preacher to pray with him. He awoke early the next morning. He knotted his tie carefully and went to the courthouse. The trial finished that afternoon, and the jury came back with "not guilty" on the rape but "guilty" on the aggravated child molestation.

He looked at the forewoman.
She was crying, seeming to understand they'd just undone a promising future. Indeed, when the jurors found out there was a 10-year mandatory minimum sentence, several were incensed.
The prosecution told them to write a letter, then moved on to the next case.
ESPN ARTICLE


Wilson is a young man who was a local high school sports hero. He was going to college. He was going to play collegiate sports and get an education.


We don’t often quote the bible, but it seems apropos here:
“Let he who is without sin cast the first stone.”

Prosecutors are supposed to wear the white hat in courts. Judges are supposed to stop injustices from occurring. Go read the ESPN article. Read the NY Times editorial. And then tell us whether this young man should be in prison until 2015?

When we read stories like this, we can’t help but cringe when some windbag politician or Judge waxes eloquent about the great American criminal justice system. So long as Prosecutors and Judges standby and let Genarlow Wilson serve his prison sentence, there is nothing so great about our justice system. What kind of society produces Neanderthals who would write such laws, and then see them enforced on the Genarlow Wilsons of the world?

For shame. For shame.

See You In Court.



108 comments:

Anonymous said...

Rump,

I was the reader who originally posted the link to the Wilson story. I posted it because it's been a long time since a news story got me so fired up. The sheer outrage of this situation had me boiling for the entire day yesterday. I hadn't heard of Wilson's story before, but I've been spreading the word about his cause among my friends/associates.

Hopefully, enough outrage will be stirred so that the ass-backwards Georgia legislature will see the light and right this grievous wrong. Here's hoping, for Genarlow's sake....

Anonymous said...

Lets not get too excited here, Rump. He may have been going to go to college, but he almost surely wasn't going to have gotten an education while there. We all know that recruited college athletes at Division I programs are allowed to take a pass on the whole going to class, writing papers, studying, and getting an education part of college. Which is a whole separate scandal in and of itself. But as long as you and the rest of the army of armchair athletes slavishly watch the games on TV, this will never change.

Anonymous said...

7:49...way to miss the point!!!

E. Garcia

Anonymous said...

would a federal corpus petition work to free him?

Anonymous said...

On yesterdays Blogs are good pals at the PD and ASA made comments worth noting again.

The Public Defendar Said:

The State Attorney's office is a disgrace to public service and to justice. I am tired of stupid C prosecutors who want everyone in jail just because they want to appear tough, of B prosecutors who lie about speaking with witnesses and answer ready for trial when they are not, and of A prosecutors who don't care any more about their job because soon they'll be out of the office. I often remind prosecutors about their honorable job and about their awesome responsibility of representing "the people." I often get nothing but blank stares and rolling of the eyes. I would like, for the benefit of "the people" for the State Attorney to realize that her office is full young people with too much power and too little life experience, and do something about it.

----------------------

The State ASA Prosecutor Said:

I'm tired of lazy, dishonest criminal defense attorneys who answer ready for trial when they have not taken depos, when they have not filed pre-trial motions. I'm sick of whiney criminal defense attorneys who always ask for PTI because their clients have "immigration issues." If a defendant is not a US citizen and s/he commits a crime, why on earth should I help her/him to continue living in this country? Why on earth would anyone want her/him to continue to live here?

------------------

And as always the Public Defender gets the last word and Said:

Genius child, the immigrants that you talk about are the ones that clean, cook, serve, and do many other jobs that keep your economy going. Some have been living in the US for years, have paid taxes, have American US citiznes, and have contributed to your country in more ways that you probably have. I assume that you, like most Americans, are not native American, in which case, were not ancestors immigrants also?

----------------------

Not really sure who won this argument?

Anonymous said...

Who cares if he played football or not. There must be more to this story than is reported. If there is so much public outrage, why was he prosecuted and sentenced. It is a sign of intellectual laziness to blame this on some backwoods and racist criminal justice system. That is probably not entirely true. This story needs to be investigated a lot more.

Anonymous said...

PD is an idiot. The immigrants that are here working are not in the streets smoking crack and stealing.

If you think prosecutors are tough in SFla., go up to Broward and see how they send people to prison for Coke Poss.

If the SAO began to send people who continuously violate the law to prison, rather than the standard CTS, then there might be progress on actually convincing people cocaine is not in their interest. Drug Court is the best way to accomplish that, but once people have been convicted they are not eligible. That leaves either drug offender probation (which PDs will not take because they want the easy way out for thier clients and they don't give a shit about helping the addiction) or CTS, guess which one most people take.

If there were real consequenses for the use of drugs, then less people would do it.

Anonymous said...

Who is the worst judge in Broward? Is it Judge O'Connor, Judge Aleman or Judge Gardiner?

Anonymous said...

The Wilson took up an entire episode of Oprah, 1 hour show including an appearance by the prosecutor; was several months if not a year ago.

Anonymous said...

I can't wait until 2 years from now when robots are able to "clean, cook, serve, and do many other jobs that keep our economy going". Immigration problem: solved. No more immigrants needed. Being rich and republican is so damn sweeeeet!

Anonymous said...

thats called a microwave. have you seen the vacumm that rolls around the floor on batteries

even steven said...

I vote for Aleman, although she is out of Criminal now, followed by O'Connor, Tobin, and that little guy who is a pain.

Anonymous said...

The FIRST of 2007 Investurers of the newly elected Judges was today. Congrats Judge Robin Faber.
Anyone know the dates for Gina, Josie and Migda???OPPPS, not this year.......................

Anonymous said...

the problem is minimum mandatory sentencing? Certainly the judge is best situated to determine a just sentence. How can we fix this problem?

Anonymous said...

rumour has it that all the young public defenders are meeting at montys tonight.

Anonymous said...

I was reading a recent FLW. 2 juvys a girl 16 & her 17 year old boyfriend photo-ed their sex. While their sexual relations are not illegal, the photos were. They were convicted of possessing or making child porn OF THEMSELVES. The DCA upheld the conviction, Now thats JUSTICE.
D. Sisselman

Anonymous said...

thats weird.

Anonymous said...

Take one of those brittle plastic cups. Put it under your armpit when no one is looking. When everyone is looking, put your hands on either side of your head and pretend to twist quickly, simultaneously crushing the cup stored covertly beneath your arm. The cup will make a hideous cracking sound. Sigh as if you had just received an hour-long massage from a licensed physical therapist. People around you will gasp and recoil in horror, unless they too have read Penn and Teller's excellent book How to Play In Traffic, from whence I discovered this ridiculously simple but remarkably effective trick.

Anonymous said...

did hernandez attend?

Anonymous said...

The problem with injustice in this country has to do with the fact thatlaws are written by people who don't enforce them and, therefore, don't see the practical results, as well as on havinng people who enforce them who often lack life experience and, therefore, humanity to recognize what justice means. That goes for prosecutors and also judges. Defense lawyers have it easier because their loyalty is only with their client and the Constitution. It is crucial to have experienced judges who have the intelligence and courage to uphold the Constitution regardless of the political cost, and experienced prosecutors who can be counted on to understand the purpose of punishment. In Florida, with few exceptions, the judges are coward political hacks, and the prosecutors are kids too young to recognize the effect their decisions have on people's lives. I presume that must be the case in other jurisdictions and the reason a lot of individuals are incarcerated unjustly. I think the answer is to invest in more experienced prosecutors who feel the need to do what's right, and to appoint competent judges who feel the independence to do what's right.

Anonymous said...

There are plenty of seasoned prosecutors who also play with peoples' lives.........

Anonymous said...

Juvenile Justice Center,
NEW JUDGES SEATED


Chumbley, Douglas J. (305) 638-6873 JO 11 Leslie Ann Ortiz 204

Cohen, Jeri B. (305) 638-6879 DO 01 Xenia V. Cotarelo 205

Johnson, William (305) 638-6229 JO 12 Yvette Bonilla 210

Langer, Lester (305) 638-6106 JO 14 Josie Zuniga 206
(Associate Administrative Judge)

Lederman, Cindy S. (305) 638-6087 DO 02 Helen Clausell 201
(Administrative Judge)

Manno Schurr, Valerie R. (305) 638-6521 DO 09 Dannelle Downs 215

Marin, Antonio (305) 638-6238 DO 03 Paula Lopez 208

Silver, Roger A. (305) 638-6234 JO 13 Patricia Mazarredo 212

Tinkler Mendez, Marisa (305) 638-1598 DO 08 Carolina Paz Lopez 220

Anonymous said...

PROBLEM WITH JUVI IS WE WILL NEVER KNOW IF THEY MESS UP BECAUSE THE COURT IS NOT OPEN TO THE PRESS OR PUBLIC.

DARN IT!

Anonymous said...

On the issue of immigration, I think that there are a lot of practitioners who really don't understand how hard immigrants have it. For instance, a greencard holder who has lived and worked legally in the US for the last 9 years, and received her green card as a result of a work visa, pleads no contest to petit theft for an incident when she tried to change the price tags at Macy's. Then, two years later, she is arrested for DWL. She gets a withold and probation. Well, based on her record she could be deported. It's that simple. Imagine a single mother who has two teenagers, who barely speak other than English because they have grown up in the U.S, and who has no family in the country she is originally from. Do you think it is fair that she be deported because some unreasonable prosecutor wanted to play tough and decided not to give her PTI? Do you think that maybe prosecutors ought to consider immigration consequences if they are honest about their obligation to justice, fairness and just punishment?

Anonymous said...

maybe she should have pled her case to the security guard at Macy's ... opps thats right she was stealing from them.

Anonymous said...

Congratulations to the 9 new Broward Judges who were honored today!
Broward does it right, all the judges have one ceremony.

Anonymous said...

I do not practice in the area of appeals and have never done a writ of habeas corpus but it seems to me 2 recent U.S. Supreme Court cases regarding the confrontation clause could be argued to try to help this man get a new trial, Davis and Crawford cases.Crawford v. Washington, 124 S.Ct. 1354 (2004) and Davis v. Washington, 126 S.Ct. 2266 (2006). Hearsay testimony at his trial was admitted with no showing that the victim was unavailable. Appears to be a conflict with child hearsay exception and confrontation clause and also the problem of the case law not in effect at the time of the trial but confrontation clause sure was. Perhaps an appellate lawyer could chime in - or is this going to intervere with gossip and pd and sao bashing. kid gets 10 years for getting a consensual blow job- wow- what a country- if he was white and from palm beach he would get a scholarship to Yale.

Anonymous said...

From Susannah Nesmith, another case that resulted in an injustice.

Who were the prosecutors who took this case first to the grand jury and then to trial? Was it realistic to expect the Defendant to turn around and run when he had a man crouching with an unknown object in his hand and another man rushing him? Had this been a polic shooting the SAO would not have filed charges. In light of the Stand Your Ground Law and common sense, why doesn't KFR or someone at the SAO do the honorable and fair thing and join the defense in vacating this judgment and sentence and nolleprossing this case?

http://www.miami.com/mld/miamiherald/news/breaking_news/16556549.htm

Man appeals murder conviction, cites Stand Your Ground law.

BY SUSANNAH A. NESMITH
snesmith@MiamiHerald.com

Kende Moses is serving a 60-year sentence for something that is no longer a crime, his attorney says.

Moses was convicted of second degree-murder in 2004. Eleven months later, the Legislature amended the state's Castle Doctrine, legalizing what he did -- killing someone he believed was about to hurt or kill him, according to attorney Charles White.

White is appealing Moses' conviction and sentence based on the new law, but experts say he has little chance of winning a new trial. One court has already ruled that the so-called Stand Your Ground law is not retroactive.

As the case winds its way through the courts, Moses' family is trying to come to terms with the fact that the 25-year-old may spend most of his life in prison because of what some would call a technicality.

''All the years they gave Kende, it wasn't right,'' his mother, Emma Moses, said during a recent interview. ``That's like giving him life, you know.''

She said her first-born's arrest destroyed her family because he was helping raise his little sisters.

Moses was just 17 when he shot and killed a man he said threatened him late one night on a South Miami Heights street corner.

'Kende told me, `Mommy, if it wasn't that boy, it would have been me,' '' she said.

Moses was walking home with a 13-year-old friend, Mario Spariousu, that night in December 1998. The two friends had been in a dispute with a group of boys earlier in the day and were afraid that they would come back to cause more trouble. Moses was carrying Spariousu's .22-caliber rifle.

Rodney Scott drove by the two boys sometime after 1 a.m. According to the testimony of witnesses at Moses' trials, Scott abruptly stopped the car and backed up.

Moses testified that Scott jumped out of the car and charged toward the two boys, threatening to beat them up.

Moses held up the gun, in the hopes of getting Scott to back off. Then, he testified, he heard a car door open and Spariousu say, ``Watch out!''

When he turned to look at the car, he saw someone crouch between the door and the door jam, holding something he couldn't quite make out.

While he was looking at the person in the car, Scott rushed him.

Moses began firing, killing Scott.

Scott did not have a gun, but police could not be sure whether anyone else in the car did because a passenger slipped into the driver's seat and drove away.

Spariousu helped Moses move Scott's body out of the street. Then Spariousu ran off with the gun. At some point, Moses took a beeper from Scott. He testified he thought it belonged to Spariousu.

Moses flagged down a police officer to help Scott before he left the scene, according to court testimony.

Spariousu told his mother and a police detective the same story shortly after the shooting.

White argued that Moses shot in self-defense. Prosecutors countered that he may have felt threatened, but he had a duty to run away rather than shoot.

Jurors in two separate trials couldn't reach a verdict. A third jury was dismissed before testimony even began. Finally, in May 2004, Moses was convicted.

In April 2005, the Florida Legislature passed the Stand Your Ground law, specifically removing the duty to flee.

Before the new law was passed, Florida's Castle Doctrine permitted people in their own homes to fire at an intruder. But self-defense law was a little murkier outside homes.

The new law specifically permits people who feel threatened in their cars or on street corners to shoot in self-defense.

''The state's position in rebuttal to his self-defense was that he was on the street and he could have turned around and left,'' White said.

Marion Hammer, a lobbyist for the National Rifle Association, said she helped craft the Stand Your Ground law to protect people just like Moses.

''Quite frankly, the reason the Castle Doctrine passed is because the people of the state of Florida, the Legislature of the state of Florida and right-thinking people everywhere know that when you're attacked, you should not have to run away before defending yourself,'' Hammer said.

She said cases like Moses' ``make me really mad.''

Right or wrong, experts in appellate law say the argument White is making, that Moses should have the benefit of the new law, will be difficult to win in an appeals court.

''There's nothing in there that makes the law retroactive,'' explained Miami-Dade Assistant Public Defender Andrew Stanton, an appeals attorney. ``But there's an obvious injustice.''

An appeals court in Palm Beach County has already ruled in a separate case that the law cannot be applied retroactively. The state Supreme Court has agreed to review that case but has not yet ruled.

The Florida attorney general's office has not yet filed a response to White's appeal, and spokeswoman Carolyn Snurkowsky said she couldn't comment on the specifics of the case.

White acknowledges his client might have a better shot at clemency.

While the case winds its way through the courts, Moses' family spends a Saturday every month visiting him at Miami's Everglades Correctional Institute.

His arrest tore the family apart, Emma Moses said. Kende had dropped out of school the year before, but just before he was arrested he had started going to class again and was working.

''Just when he was trying to get his life back on track, you know, have a job, go to school, this happened,'' she said.

And he had never given her much trouble.

He was arrested once, on car theft charges, but the case was dropped, she said. His attorney confirmed he didn't have any serious criminal problems before his arrest on murder charges. Emma Moses says she spent more time nagging him about staying out too late than anything else.

But Kende was also her first-born, and with her husband back in St. Lucia in the West Indies, where Kende was born, Emma Moses said she relied a lot on her son to help her raise her four daughters.

''He was the one making them breakfast in the morning and getting everyone ready for school,'' she said. ``He was a good boy.''

Kende's oldest sister, Crystal, 23, says his arrest sent the family reeling.

''I spent my 16th birthday in a psych ward because of that, my mom couldn't handle it, either. We both had breakdowns,'' she said. ``Kende even learned to plat hair so he could do our hair for us. He was raising us.''

Crystal and her mother have all but given up on justice. At this point, they're hoping for mercy.

''I just have to pray to God every day that one day I'll see him out before I die,'' Emma Moses said.

Anonymous said...

He was lawfully convicted at the time, becausehis actions were criminal. If the legislature decided tomorrow that kidnapping or rape were no longer crimes, would you suggest that all kidnappers and rapists be released?

Think with your big head, instead of some knee-jerk reaction.

Anonymous said...

I may have had more feelings towards this case had he not been arrested on grand theft and was a scolar student.

It seems that having that gun (were did the other boy find this) just does not meet the smell test.

I think sentence could and should be reduced to perhaps 20 years but 60 is just wrong.

Anonymous said...

I was in Federal court the other day waiting for a calendar call, when Judge Moreno was doing a sentencing for a guy convicted after trial for possession of ammunition as a felon. There is a 15 yr min man. The guidelines were 6 months more than the min man. The AUSA asked for bottom of the guidelines!!!! The Judge asked why? She said she thought that was a lot of time. The guy had a prior for shooting a weapon and had received 15, and done ten. Moreno questioned the wisdom of giving him the same sentence, and then eventually gave him 19 years. About 2 1/2 yrs more then the bottom of the guidelines.

What struck me was the seriousness everyone took in considering every year a person is incarcerated.

I couldn't help thinking that if this was state court some 26 yr old prosecutor would be asking for 50 and some unexperienced Judge looking to make a name for him/herself would do it so they could get a reputation for being tough, or a nickname like "maximum".

I'm beginning to think Federal court is a much better place to be.

Anonymous said...

Are you crazy, 7:29? In State Court (at least in Dade), that guy would have probably gotten the THREE year min/man waved and done probation.

Anonymous said...

Rump, please consider banning even steven. He adds NOTHING to any discussion and sounds like some South Beach queen(r).

Make that a poll ques. "Should even steven be banned from this blog?"

old guy said...

How about banning 'ANONYMOUS'. I hate the cowards who can say all of the worst things and hide -- even behind a phony name like OLD GUY.

Anonymous said...

my favorite blogger is anonymous who calls anonymous a coward.

Anonymous said...

dont do the crime if you cant do the crime. he should have just said no

Anonymous said...

to fake 1145 nesmith; one of the two cases that changed the castle doctrine and added two new self defense statutes in florida was from dade county, state v. alexander james. he had 4 attorneys and ultimately after 7 years on bond plead to 364 county jail. rod vereen and daniel tarver were two of his attorney.

Anonymous said...

black boy goes to prison for getting blow job from white girl. that's not surprising down in the south, is it? how many white boys are getting the same blowjob and walking around smiling down south? you tell me, only then will I swallow my words.

Anonymous said...

the whole case sucks

Anonymous said...

We want exceptions to be considered for all criminal defendants.Most crimes require a mens rea,or criminal intent.If the person intended to violate the law,why should any major exception exist for a given person.No exception exists for the victomof the crime or those others affected.
A murder is the killing of a human being:rape is the intentional act of violating a person sexually(not to get to graphic);robbery is the taking of anothers property with force being used.Do we not need to think of the victoms.
Yes,when a person is found to have vioated the law just punishment should be expected,with the exception of those sufferring with perhaps a mental incapacity to understand the nature of thier respective act.When a "promising"person commits a violation of the law,perhaps they were not so promising afterall.We have created "sports exception"for athletes,etc.:yet such exceptions destroy our society because we create "roll models"who on occasion can get away with anything and everything just because of their unique talent(sports,entertainment industry etc.).
I do not care about ethnic or racial background:I care about the person and their interaction in the community!!!!

JQC Findings - No Probable cause for Judge Rothenberg said...

here is the link to the JQC (Judicial Qualifications Commission), findings on Third Distrit Court of Appeal Judge Leslie B. Rothenbergs speech and appearance and photo shoot at a CFC (Christian Family Coalition) event promoting hate. (Follow link for PDF pf the letter).

http://www.operationrestorejustice.com/jqc%20letter%20jan%2022%202007%20re%20rothenberg.pdf


NEW: 01.22.07 - The Florida Judicial Qualifications Commission has concluded its investigation into the complaint and did not file formal charges against Judge Leslie B. Rothenberg. The JQC through Associate General Counsel Michael L. Schneider, Esq., have assured us that our concerns in the complaint have been addressed. What this means is that Judge Rothenberg was placed on notice that her actions were unethical and to not do them again. Most likely if Judge Rothenberg continues her conduct as noted in the complaint or other unethical conduct the JQC may add prior allegations to any future "Probable cause" proceeding. A review of current "Probable cause" proceedings in the Supreme Court shows that a majority of the allegations are old charges that piled up from various warnings and admonishments from the JQC to the Judge.

Read the letter here:

http://www.operationrestorejustice.com/jqc%20letter%20jan%2022%202007%20re%20rothenberg.pdf

Anonymous said...

3:58 - There's enough wrong with the Wilson case without exaggerating the facts: The 15-year-old "victim" was black, not white. That said, your post simply swallows itself in that much more race-baiting.

Anonymous said...

enough stop that now!

Anonymous said...

to 410; stay off the blog and go back to your law books, especially black's dictionary. your analysis is 1st criminal law plagiarism of definitions.

Anonymous said...

10:09--Why are you discriminating against South Beach queens? I think that Pinecrest and Aventura queens should be banned from the blog as well!

Anonymous said...

2 white seton hall college students get 5 years prison for death of 3 students from smoke inhalation due to a fire they set. black honor student gets tens years in prison for putting something inedible into a teenage girl's mouth for a couple of minutes with her consent. what a country. we have so many pedophiles in this country because of how uptight we are about sex. what is obsene is sending thousands of kids to iraq to die because americans won't car pool, conserve energy, buy fuel efficient cars(technology has existed for 3 decades for cars to get 80 mpg), use public transportation, live near their job (can't do that- if white have to commute from Broward and Palm Beach- can't have kid in school with people with brown and black skin). What is more obsene to steal a line form the Larry Flynt movie- sex or war crimes. When the rich white kids from Duke order strippers and probably sexually abuse one of them the whole country rallies around them until the case begins to unravel. Something happened at that party even though the prosecutor withheld evidence. Poor black kid gets 10 years for blowjob- rich white kids probably get rich from lawsuit against Duke, story on 60 minutes- probably a book and movie deal coming. this WILSON story just another sordid affair in the way minorities are screwed by the rich in this country. signed-occasional brother blogger.

Anonymous said...

uh, those Duke kids are clearly innocent...

Anonymous said...

“Let he who is without sin cast the first stone.”

Rumpole, you are always the first to cast that damn stone.

On the matter of people writing and being Anonymous, please. We do not even know who Rumpole really is. Stay quiet and think stupid.

Anonymous said...

Can someone please research the DV cases on McGuillis? Who did he beat or what? They are against men as well. Strange. I just saw them on the Clerk's web page. Captain, you are good at this. Help.

Anonymous said...

7:18 and 7:22

Using the word "YO!" and calling people out on 8th grade education - brillant!

Anonymous said...

repeat violence cases does not mean DV case as in relationship could mean many things.

Anonymous said...

oh fucking great the Christian right has found this blog useful.

Anonymous said...

Hate the gays! Hate the blacks! Hate the jews!

Is that what you like to hear 7:18pm ?????

Late for your next CFC or KKK meeting?

get off this blog shit for brains!!

Anonymous said...

no person wins or loses in a JQC investigation most of the time on first time complaints that are not so serious and without other complaints on file they simply provide warning that if problems persist they would reopen all complaints and file charges with the supreme court.

Why do you think that most of the judges who have had charges filed against them including Judge Schwartz in 2000 have complaints 10 years old pop up in the formal charges filed later in the Judges career.

Its just like probation without formal charges filed. They minor complaints do add up and if a Judge does the right thing and stays clean that is the end of the story.

proof reader said...

I just read the JQC link and find this sentence interesting:

"After full investigation and consideration of your complaint, the Commission has requested that I advise you that it has taken appropriate action on same.....you may be assured that the Commission has performed its constitutional responsibility with regard to your concerns....

s/Michael L. Schneider
Assiciate General Counsel"

I think that Rothenberg at the very least got spanked.

Anonymous said...

6:53 said......."we have so many pedophiles in this country because of how uptight we are about sex."

LOL. I guess we have so many murderers in this country because we don't like violence. You're an idiot.

Anonymous said...

Re the min man controversy....

We have min mans precisely because so many judges abused their discretion and gave out ridiculously low sentences. Now people want to give them their discretion back? Please. I don't know about the rest of you, but I care too much about my family and friends to want to see the min mans eliminated.

Anonymous said...

9:23

wrong. judges discretion was taken away because judge were giving white defendants probation while sending black defendants to 20 years for the same crime.

it took away the bias

Anonymous said...

Reply to 9:21 I will explain. The rigid attitude we have in the U.S. towards sex as opposed to most of the rest of the world leads to sexual frustration which leads to addiction to pornography and ultimately resorting to the unthinkable- trying to have sex with minors when as an adult you can't get it on your own and won't or can't pay for it. The world laughed at us when we impeached a president where our economy was booming, we were not at war etc. because he cheated on his ugly bitchy wife. As to your violence remark: we are probably the most violent nation in the world when you comingle our murder rate, drunk driving deaths, suicides and the amount of people our military has killed in two Iraq wars, Afganistan, and didn't Bush's father kill a bunch of Panamanians in some airstrikes because of Noriega backstabbing the CIA. Sorry to have such a good memory and try to stay in misdemeanor court where you can get away with writing two sentences- your motions must be brilliant.

Anonymous said...

the Duke kids are not innocent- one had an alibi at the bank machine- the case has fallen apart due to a victim with a past and dna of others whcih was withheld. they still imprisoned her and assaulted her without leaving semen or intercourse but case can't be won now. kind of like kobe.

Anonymous said...

To Saturday, January 27, 2007 7:28:13 PM.

I had to write at his (McGuillis' education level.

As far as you are related, you can go get the sand cleaned out of your vagina Mr. Pissy.

Anonymous said...

Ouch! Thats gonna leave a mark.

Anonymous said...

I shall refer to Rumpole as Mr. Pissy!

Anonymous said...

11:20pm

Improvement, now your acting like a 10th grade idiot.

Anonymous said...

its almost time


JUDGE DAVID YOUNG (SYNDICATION)
DEVELOPMENT HISTORY:
???
STATUS:
currently in development (2007-2008 season)
DEVELOPMENT STAGE:
ordered to series
ADDITIONAL NOTES:
cleared in 75% of the country for a fall 2007 launch
DESCRIPTION:
(from Sony Pictures Television's press release) Nationally known for jailing two drunken pilots, this innovative and entertaining judge uses honesty, compassion and wit to resolve courtroom issues.
PRINCIPAL CAST INFORMATION:
· David Young

CREW INFORMATION:
· no information is available

GENRE(S):
· alternative (half-hour)

STUDIO INFORMATION:
· Sony Pictures Television

CAPTAIN said...

THE CAPTAIN REPORTS:

As to Mr. McGillis, I have no information to report about any DV cases against him. I previously reported his serious history of getting traffic tickets (22 of them in Dade County from 1996-2006), most recently in November of 2006, (the case was dismissed on Friday 1/19/07 thanks to Mr. Maultasch or one of his coverage attorneys).

McGillis also had a couple of felony cases and a couple of misdemeanor cases back in the late 90's, all of which he won, Alan Soven was his attorney for those cases. The only case he pled to was a Refusal To Sign a Traffic Summons, a misdemeanor.

CAPTAIN OUT ...........

Anonymous said...

captain the summons issue was a withhold adjudication

truly why even get started on this. Rumpole deleted the traffic stuff you posted before.

Anonymous said...

Here is why the JQC is wack:

One of the biggest bullies to don a black robe can put away his gavel for good, thanks to a ruling Thursday by the state Supreme Court.

Seminole County Judge John Sloop has "lost the public's confidence in his ability to perform his judicial duties in a fair, evenhanded and even-tempered manner," this ruling says.

That's putting it mildly.

This community is justifiably outraged by the way Mr. Sloop mistreated 11 people who two years ago showed up late to his court after they had been directed to the wrong room by faulty paperwork or courthouse personnel. They were handcuffed, chained, strip-searched and locked up for hours while Mr. Sloop ran a personal errand and disregarded the urgings of a bailiff and two fellow judges that the people be released.

The collective indignation intensified when the Judicial Qualifications Commission recommended this summer that he be allowed to serve until his term ends in 2011, after a brief suspension, fine and reprimand. He also would have to continue treatment for the attention-deficit-hyperactivity disorder that he says caused his misbehavior.

Thank goodness the Supreme Court justices saw the folly in that.

The same misconduct that warrants early retirement in four years also demonstrates that Mr. Sloop is unfit to serve now, they said.

And what makes him unfit is clear: a pattern of rude and abusive behavior culminating in one of this community's most egregious examples of a lack of proper judicial temperament.

Goodbye and good riddance, Mr. Sloop.

uptight angry asa said...

yeah, uh, but they DID go to the wrong courtroom, yuck yuck

Anonymous said...

Mr. Pissy! That's funny.

Anonymous said...

Somebody please recall Mike Nifong.

Fake Mario Puzzo said...

I'm gonna start off Godfather Sunday with an offer you can't refuse:

Jason Grey as Carlo ("helloo Carlo")

Judge David Miller as Barzini ("It wasn't until this moment that I realized it was Barzini all along")

Ken Weisman as Moe Green ("I'm Moe Green....I made my bones in this town when you were still in diapers.")

Bennett Brummer as Virgil 'The Turk' Sollozzo ("Six shots and he's still alive!")

Stan Blake as Jack Woltz ("I'm no bandleaader. That's right, I heard that little story about the bandleader. Johny Fontaine never gets that part...")

Country Dave as Fredo Corleone ("I'm smart. I can handle things.")

Former Judge Jeff Schwartz as Johnny Fontaine "Oh Godfather...things aren't going well.")

Rory Stein as Capt. McCluskey ("He's clean. I've frisked a hundred punks like him.")

Chief Judge Joe Farina as Hyman Roth.

Kathy Rundle as Kay Adams.

Richard Shaprstein as Tom Hagen ("I have only one client....I'm a big fan of your movies. Now if your driver would take me to the airport, Don Corleone is a man who insists on hearing bad news in person.")

Brian Tannebaum as Senator Pat Geary ("We're all part of the same hypocracy senator, but don't think for one moment that my family is involved.")

Richard Hersch as Al Neri

David Alschuler as Clemenza

That's it for now

Anonymous said...

Nobody in his/her right mind would think that the Duke kids are guilty of sexual assault. They might be brats but not rapists. Mike Nifong should be ashamed of himself.

Anonymous said...

Good thing we cleaned house and got rid of Hernandez on Sept 5, because had we left this up to the JQC he as sloop would have received a suspension and fine and left us with a sloop twin.

As the article above says thank god for the Supreme Court.

JQC please take your heads out of your ass and get some balls. Start recommending Judges be thrown out for bad behavior. This buddy network is disgusting.

Anonymous said...

Mike Grieco should go work for Mike Nifong. That would be prosecutorial misconduct at its best.

Anonymous said...

Fake Mario Puzzo said...
I'm gonna start off Godfather Sunday with an offer you can't refuse:

Jason Grey as Carlo ("helloo Carlo")

Judge David Miller as Barzini ("It wasn't until this moment that I realized it was Barzini all along")

Ken Weisman as Moe Green ("I'm Moe Green....I made my bones in this town when you were still in diapers.")

Bennett Brummer as Virgil 'The Turk' Sollozzo ("Six shots and he's still alive!")

Stan Blake as Jack Woltz ("I'm no bandleaader. That's right, I heard that little story about the bandleader. Johny Fontaine never gets that part...")

Country Dave as Fredo Corleone ("I'm smart. I can handle things.")

Former Judge Jeff Schwartz as Johnny Fontaine "Oh Godfather...things aren't going well.")

Rory Stein as Capt. McCluskey ("He's clean. I've frisked a hundred punks like him.")

Chief Judge Joe Farina as Hyman Roth.

Kathy Rundle as Kay Adams.

Richard Shaprstein as Tom Hagen ("I have only one client....I'm a big fan of your movies. Now if your driver would take me to the airport, Don Corleone is a man who insists on hearing bad news in person.")

Brian Tannebaum as Senator Pat Geary ("We're all part of the same hypocracy senator, but don't think for one moment that my family is involved.")

Richard Hersch as Al Neri

David Alschuler as Clemenza

That's it for now

Anonymous said...

Judge Farina as Hyman Roth ("Michael...we're bigger than US Steel.)

Anonymous said...

Rumpole. whoever he is, as the godfather.

Anonymous said...

Judge Rotheberg as Judge Roy Moore

Anonymous said...

creative, and you can never go wrong with the godfather. but the star wars analogies were much funnier.

Anonymous said...

What is next? Lord of the Rings? The Sopranos? How about Sesame Street? That would be appropriate for many of the people on this blog.

Anonymous said...

Sesame Street is easy- I have been waiting for this one forever- PD Henry Rauch as the Cookie Monster.

OK:

Dan Lurvey as Tessio ("Tom for old times sake, can I get a pass?")

Sam Slom as Clemenza ("Helloooo Carlo).

Anonymous said...

Please! Sam "I call your firm's Partners to get you off my race" Slom and Steve "I lie to keep my job" Leifman are still on the Bench. You all know and the system is allowing them to stay in the system after violating many cannons.

Nonetheless, it is refresing to know that the Phoenix will rise.

Anonymous said...

I heard that Judge David Miller wants all of you to name Judge Davind Young "The Pinguin" for the new list. Do not forget that please.

Anonymous said...

Gina Mendez Locke N'Load, for Mama Don in all the remakes of all the Godfathers.

Anonymous said...

Hey Hector! You are about to get a Bar Complaint.

Anonymous said...

according to the comments on this blog, there are 72 pending investigations that have never commenced, 46 bar complaints never filed, 13 jqc complaints never written, and 6 SAO investigations that are pipe dreams.

CONGRATULATIONS BLOGGERS!

Anonymous said...

What is most repulsive: 1. reality tv shows where people eat live bugs, animal testicles etc. 2. seeing your dog eat his own or another's poop or lick his own balls- scratch that we would all do that if we could, 3. throwing up from food reaction or too much alcohol and that discusting taste in your mouth. 4. a blowjob. A good blowjob is one of the most desired things a man could want to experiment with - it should not be a crime. For wilson to get a reduction or commutation in his sentence the attorneys should play hardball and expose the sexual indiscretions of the politicians and if necessary set them up with hookers and strippers. Politicians with sex secrets- no. Why is there no federal habeas filing yet. If Oprah does a whole show about him there must be money out there to file a federal case. what is the hold up? what is the african american bar in Atlanta doing? You dedicated a whole blog topic to it? Well what do you suggest be done other than say how bad a break the kid got?

Anonymous said...

where is Al Sharpton and Mr. Jackson and the rainbow coalition?

Anonymous said...

Maybe if he was a true criminal Al would have been by his side?

Anonymous said...

How about Abe Laeser as Tessio? He has the look + his namesake, Abe Vigoda, played the part.

Anonymous said...

Alan Shuminer as Sonny ("Oh what a temper")


Joel Denaro as Enzo The Baker ("I am Enzo, the Baker.")

Anonymous said...

Migna As Apollonia (Sunday, Monday, Wednesday , Thursday, Tuesday Friday.)

Anonymous said...

McGillis as Michael Moore

Anonymous said...

In the Chambers of the Godfather, Don Farina, with his chosen successor, Judge Venzer.


Don Farina: Miller will move against you first. He’ll set up a meeting with someone that you absolutely trust.. guarantee your safety, and you’ll be assassinated at that meeting.
[Takes a sip of wine] I drink more than I used to,

Venzer: it’s good for you Godfather.

Don Farina: I hope you don’t mind the way I keep going over this Miller business.

Venzer: Not at all.

Don Farina: Its an old habit. I spent my life trying not to be careless. County Court Judges, lawyers, they can be careless, but not Circuit Court Judges.

Venzer: I know

Don Farina: And another thing, get a telephone man in here to check out all the calls because it could be anyone.

Venzer: I already did that.

Don Farina: Ahh…It’s the wine and I’m old…..Now remember, who ever comes to you with this Miller meeting is the traitor.

[Scene Fades]



Funeral of the Godfather.

[We hear church bells. A procession of black cars drive in. We see the new Chief Judge Venzer sitting in a chair, and a long procession of Judges are in a line to pay their respects. The Capos- The Chiefs of the particular units, Criminal Court, Civil Court, County Court, all whisper into Venzer’s ear.}



Judge Slom: Ellen can I speak to you for a minute?

{after they move away} Slom: I spoke to Miller, he wants a meeting, on my territory, I can arrange security.

Venzer” He told you that?

Slom: Yeah. I spoke to him. He wants peace. I can arrange a meeting on my territory, you will be safe.

Venzer: Alright.

{Venzer moves back to her seat and sits next to her consigliore, Retired Judge Rudy Sorrondo.}

Sorrondo: Do you know how they’re going to come at you?

Venzer: It’s Miller. He arranged a meeting through Slom, on his territory. Slom said I would be safe.

Sorrondo: I always thought it would have been Blake, not Slom.

Venzer: It’s the smart move. Slom was always smarter. Plus he has more to gain. But I’m going to wait until after the elections. Then I’m going to meet with Miller, and Slom…I’m going to settle all family business on one day.

Anonymous said...

As Usual the blog disappoints. "Genarlow Wilson" a post designed to rally support and perhaps a meeting of attorneys willing to perhaps handle the federal habeas corpus case degenerates into a paraody of the godfather using local habitual contributors and/or fans of the blog. In the meantime the kid is still in prison and noone research the statues of his case. At least some strategies and case law were added and hopefully will be read by the atlanta lawyers.

Anonymous said...

Venzer? Give her a living, but never make her part of the family business.

Anonymous said...

Scott Saul as Arnold Schwarzenegger (Twins)

Aaron Abba as Danny Devito (Twins)

Anonymous said...

zzzzzzzzzzzzzzzzzzzzzzzzzzzz

Anonymous said...

10:44....typical liberal drivel. It's society's fault that people molest children? Get real.

Anonymous said...

Grieco has how many bar complaints pending against him?

Anonymous said...

The State ASA Prosecutor Said:

I'm tired of lazy, dishonest criminal defense attorneys who answer ready for trial when they have not taken depos, when they have not filed pre-trial motions. I'm sick of whiney criminal defense attorneys who always ask for PTI because their clients have "immigration issues." If a defendant is not a US citizen and s/he commits a crime, why on earth should I help her/him to continue living in this country? Why on earth would anyone want her/him to continue to live here?

THE PROSECUTOR WHO SAID THIS IS AN IGNORANT JERK -

Anonymous said...

Rumpole's RULES are working just great!

Rumpole said...

I removed the offending posts. Thankfully, they were only up between midnight and 7 am.

Anonymous said...

Rumpole you left the offending post made by the Captain at:

CAPTAIN OUT ...........

Sunday, January 28, 2007 12:34:47 AM

Anonymous said...

Sy Gehr as Hyman Roth

Anonymous said...

Bennett Brummer as Johnny Olla ("Johnny Olla told me about this place")

Jeff Rosinek as Fredo ("michael! he was banging cocktail waitresses two at a time!)

David S. Markus as Sonny Corleone ("that Sonny, hes got a temper")

Norma Lindsey as Kay (yes michael)

Juan Morin as George Hamilton in 3

Anonymous said...

How about Steve Millan as the priest who performs the Baptism while the heads of the five families are being wiped out in part one...or Leslie Rothenberg.