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.

Thursday, March 27, 2025

BASEBALL OPENING DAY 2025

March 27, 2025 Legal Update: 
David O Markus. Lauren Krasnoff. Month plus trial. 
Wait for it....

NOT GUILTY!!!!  Congrats!!! 

IT'S OPENING DAY!
For legions of die-hard fans who closed out the fall of last year stating "wait till next year!", next year is here. 

Just to hit the ball and touch 'em all –
a moment in the sun; It's gone and you can tell that one goodbye!

John Fogerty, Centerfield.

  
This is a blog tradition. We run this post most years. Baseball is important to us.

The one constant through all the years, Ray, has been baseball. America has rolled by like an army of steamrollers. It has been erased like a blackboard, rebuilt and erased again. But baseball has marked the time. This field, this game: it's a part of our past, Ray. It reminds of us of all that once was good and it could be again. Ohhh... people will come Ray. People will most definitely come. Terrance Mann, Field Of Dreams.




Baseball follows no time. It has a rhythm of it’s own. It’s the only major sport without a time clock.  But now it has a pitch clock and we are not a fan. The strategy is to control the man. Control the match-up.


No matter how you play it, its 3 men up and three men down for nine innings.

It’s a game of statistics- do you bring in your right-handed reliever to face the other teams big right-handed hitter? The stats say yes. And yet…

it’s a game of hunches. When Tommy Lasorda called an injured Kirk Gibson off the bench in Game 1 of the 1988 World Series in the 9th inning, one on, two out, the Dodgers behind 4-3, and the future Hall of Fame Pitcher Dennis Eckersley on the mound , he did so on a hunch. Announcer Jack Buck called the home run, and was moved to exclaim “I don’t believe what I just saw.”

It’s a game of senses.

The glimpse of the green grass in Centerfield when you first walk into Yankee Stadium.
The smell of cut grass and fresh dirt.
The sting of a foul ball off a wood bat on a cold March morning.

The sound of the pop of the ball in the catcher's glove.

Little boys and girls  learn that when they hurt themselves in the game, to rub some dirt on it. Is there any more valuable lesson in life?

The moments are magical, yet simple. It's why memories remain so clear in the rheumy eyes of old men who once played the game.

To take the wide turn past second, stretch a double into a triple, dive in head first, stand up, and dust yourself off.

To move to your own rhythm while you crouch with your glove off of third base, (the hot corner) each hand on a knee, eyes wide as the ball comes off the bat. You scoop up the one hopper and make the throw to first.

Roberto Clemente in game 7 against the Orioles catching the ball in deep right field, whirling and firing a strike to third base- the best throw in the history of the game. 


Willie Mays stalking center field, gliding under a fly ball. 


Hammerin Hank Aaron hitting another one out.

Pudge Fisk hopping and jumping and waving that ball fair.

Mets/ Red Sox. Game six, 1986. Do we need to say anything more?


October 13, 1960. A fading fall light in Pittsburgh. Seventh game of the world series. Ralph Terry on the mound for the Yanks for the bottom of the ninth. The game impossibly tied at 9-9. Bill Mazeroski, the Bucs light-hitting second baseman  takes the first pitch for a ball. The second pitch sails over a dejected Yogi Berra in left field as the city explodes and Maz dances around the bases in the only seventh game-9th inning walk off home run.

Young Dwight Gooden throwing heat, and then snapping off a curve (uncle Charlie, or Lord Charles) for a called third strike. Close your eyes and you can almost see Bob Gibson, standing on the mound in 1968, glaring, before throwing a hard high one inside.


Reggie hitting one out with his first swing on a cold October evening against the Dodgers in the 77 Series. And then another one with his first swing. And then, impossibly, another one with his first swing. Three swings, three home runs. In the World Series. 

Cleon Jones waiting under a fly ball hovering in an ice-blue New York October sky. The ball lands softly into his glove, and Jones falls to one knee for a minute as a man, and stands up as an immortal member of the 1969 Miracle Mets- the fly ball being the last out in the world series that the improbable Mets won. 

Any three guys turning a 4-6-3  double play, but Tinkers to Evans to Chance being the best.

There comes a time in a boy’s life when he stands there at home plate. It's hardball in an organized league. His first real “at bat.” The pitcher is a year older, and maybe thirty pounds heavier. The first pitch comes in so fast he can barely see it. It’s hard to believe anyone can throw that hard. And yet the boy stands there, rubbing some dirt on his hands as he re-grips his bat, kicks his cleats into the ground, and waves his bat. Hopefully menacingly. Just like he's seen it done on TV.

The pitch comes, and suddenly it's in slow motion. He can see the seams on the ball rotating. He can almost smell the ball as he swings. The bat glides across his hips and the plate. It all seems so simple, as a line drive bounces safely in the alley. He turns at first, saunters back, takes off his batting helmet and glove, and puts his foot on the bag, feeling it crunch beneath his foot. He may not know it, but his father is crying in the stands, and he has given himself a memory for life.

Young boys grow up and then grow old. They do their life's work and the game begins to fade away.

But every now and then, right around this time of year, they rummage through their closet and pull out a glove. Or maybe they go to the sporting goods store and buy one for themselves and one for their son or daughter. Then they sit  with their new glove that first night, showing their kid how to oil it up and put a ball in the pocket. And maybe it’s a family tradition to fold that oiled glove over a ball in the pocket and put that glove under your pillow.

And you smell the oil, and the rawhide, and you dream.

Just to hit the ball.
And touch them all.
A moment in sun.
It’s gone and you can kiss that one goodbye.


This is our favoutire post. 

80 comments:

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Anonymous said...

Put me in Coach, I'm ready to play!

Toots

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Anonymous said...

how do i love thee..... let me count the ways............

Anonymous said...

TO:
Monday, April 02, 2007 3:44:00 PM

It's not me.

Anonymous said...
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Anonymous said...
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Anonymous said...

Rumpole is either Brian T or Miguel de la O

I could be wrong I just have this feeling

Anonymous said...

5:38 why how dare you!! Everyone who knows me knows I bleed gator blue and gold. I am a tru blu Gator fan.

Gators 100

Ohio state 32

Anonymous said...

6:07 PM

One of the best come backs ever! Great JOB.

Anonymous said...

I am the greatest gator fan of all time. The gators are the greatest basketball team of all time. Tonight is the night. Destiny will meet desire and talent, and history will be made.

Anonymous said...

"Destiny will meet desire and talent"??? Sounds like a party of strippers!!!!!

Anonymous said...

Oh...there's a whopper of a 3rd DCA opinion on its way. The transcripts would shock you.

Anonymous said...

RUMPOLE - please publish a list of the names of the applicants who filed for the 3rd dca? deadline was last fri. we have a right to know and to comment or write letters - and we should!

Anonymous said...

Judicial Nominating Commission
3rd District Court of Appeal
List of Applicants for Judicial Vacancy

The following individuals have applied with the Commission for nomination to the 3rd District Court of Appeal:

1. Charles M. Auslander
2. Jennifer D. Bailey
3. Hugo L. Black, III
4. Sanford Lewis Bohrer
5. Jonathan D. Colan
6. Richard Domingues Boscovich
7. Kevin Emas
8. Ivan F. Fernandez
9. Michael A. Hanzman
10. Mark King Leban
11. Lisa Berlow Lehner
12. Roberta G. Mandel
13. Kathryn S. Pecko
14. Roberto M. Pineiro
15. Lisette M. Reid
16. Jose M. Rodriguez
17. Scott Lawrence Rogers
18. Vance E. Salter
19. Eduardo I. Sanchez
20. Edwin A. Scales, III
21. Cristina Pereyra Shuminer
22. Sheri Smallwood
23. Steven Edward Stark
24. Douglas H. Stein
25. Paulette Rose Taylor
26. Sandra E. Taylor
27. Arnaldo Velez

The 3rd District Court of Appeal Judicial Nominating Commission encourages and seeks comments regarding the qualifications of these applicants from the public and members of the Bench and Bar. Any comments may be addressed to:

Gerald B. Wald
Murai Wald Biondo Moreno & Brochin, P.A.
Two Alhambra Plaza, Penthouse 1B
Coral Gables, Florida 33134

ANY COMMENTS MUST BE IN WRITING AND
MUST BE RECEIVED BY APRIL 14, 2007 IN ORDER TO BE CONSIDERED BY
THE JUDICIAL NOMINATING COMMISSION.

Anonymous said...

A quick search of cases that have made it to the 3d DCA in which Judge Adrien was presiding, reveals that he has had 20 cases affirmed, 3 reversed, including one which reversed Judge Adrien's downward departure and 1 case which was remanded for correction. 6.66% reversal rate, I don't know what the average is for the 3d DCA.

For those who complain about Judge Adrien, your complaints may are more effective when addressed to Judge Farina, then when written anonymously on the blog.

Anonymous said...

Well I guess Phil "Big Ticket" Reizenstein is jumping for joy now that his Gators have secured a back to back championship much like his vaunted Steelers. The similarities are really quite amazing when one takes the time to decode them. My hats off to you Mr. $69. Keep the witholds coming!

Anonymous said...

Is this funny or what! Darrin McGuillis is now an authority on 3rd DCA picks! I guess your list contains Judges you never lost to or that like the same thing you do.

Go back to Menudo you weirdo. Isn't your sister still calling for Judge Cohen or something. Don't you have metanl appointment or something? Gosh.

Anonymous said...

If McGillis wants them there must be something wrong with them!

How would you like to be the 3rd DCA candidate of the sociopath?

Anonymous said...

Someone please tell Judge Adrien to stop posting in defense of himself, its transparent...and, note, reversal rates are not a measuring stick.

Reality, most day-to-day rulings are not appealable, and even if appealed, the 3rd is not always right.

Anonymous said...

For those interested in one of the named applicants, read United States v. Alzate, 47 F.3d 1103 (11th Cir. 1995).

Anonymous said...

Very interesting case and a bad reflection on a potential appellate court judge. I had a bad experience with this same A.U.S.A. in case in which he promised to give Rule 35 consideration to my client and then disappeared into his rathole after he and his agents had debriefed my client about 20 times and sucked every piece of information possible out of her before she went to Federal prison

Anonymous said...

Who is up for re-election in Broward?

Anonymous said...

i'M GAME

Anonymous said...

Shuminer you big and fat (literally and figuratively) liar! You have your entire office covered in FSU crap. NOT ONE PIECE OF GATOR CRAP! You are the ultimate bandwagoneer!

Anonymous said...

Firtel is amazing. Please do tell why you believe he needs to go. he is kind, compassionate, fair, and takes no shit.

Anonymous said...

I have finally come out of the closet....I am a Gator fan!! It is true that I have many FSU posters in my office but that was only when they were challanging for their own national championships. I now have all orange and blue baby!!! Go Gators...Go Colts!!! Go St. Louis Cardinals!!!

Anonymous said...

Susanna Nesmith thanks for creating Darrin McGuillis.

Anonymous said...

Susana, what is your home address or at least, the area you live in? I have some info I need to get to you baby.

Anonymous said...

I read the Alzate case and it's quite disturbing to have someone like the AUSA in that case sitting as an appellate judge. Maybe he has matured and realized that the end does not justify the means and that truth, due process and fair play take precedence over getting a conviction, even when the prosecutor is convinced of the defendant's guilt.

Anonymous said...

girls now rock teh field, you dinosaur

Anonymous said...

uh, fake ex husband of donner? have you ever appeared before espinosa dennis? and she put in for a federal judgeship? hahahahaha

Anonymous said...

I hate baseball.

Mayan Calendar said...

Why are you reposting from 2007?
Is it cause of the apocalypse?

Anonymous said...

What's with the 2007 posts?

CAPTAIN JUSTICE said...

From the DBR:

Jose Baez opens Coral Gables office .....

Jose Baez, Casey Anthony’s defense attorney, is returning to his roots, opening an office in Coral Gables this summer with four lawyers.

Baez has spent the last six months quietly searching for office space in South Florida, hiring lawyers "that fit into my practice" and preparing to open what will likely be the main office of the Baez Law Firm. He plans to maintain his office in Kissimmee.

"I have been getting cases all over the country since the Casey Anthony verdict," said Baez, 43. "I wanted to expand my practice and could have gone anywhere. I decided to come back to Miami."

The New York native dropped out of Homestead High School, got his GED, earned his law degree at St. Thomas University Law School and worked at the Miami-Dade public defender’s office for three years. He still has family in the area but moved to Central Florida eight years ago to open his own practice, saying he desperately needed a change of environment.

It’s unclear whether Baez will be welcomed with open arms by Miami’s legal community. He was let go by the public defender’s office in the late 1990s after failing to be admitted to The Florida Bar due to "character issues." The Bar cited past-due child support, unpaid bills and extravagant spending. Baez ultimately achieved Bar admission in 2005.

"We obviously thought he had good potential, or we wouldn’t have hired him," said Rory Stein, general counsel with the Miami-Dade public defender’s office. "But he couldn’t gain admission to The Bar, and we hired him as a lawyer, so we had to part ways."

Stein, who was Baez’s trial advocacy professor in law school, laughed when he was told Baez is moving back.

"Jose went to school down here, so it’s a natural fit for him," he said. "I’m sure at one point we’ll bump into each other."

Baez’s idol, criminal defense attorney Roy Black, called Baez’s move to the Miami market "a good idea."

"I think it would be much more difficult for him to continue in the Orlando area," Black said. "When you handle a high-profile case that poisons the community, it is very difficult for the lawyer involved as well as other lawyers. I think this is a much better fit for him rather than Orlando.

"With Jose being Hispanic and having his name attached to a famous case like Casey Anthony, I think he will do well."

Celebrity Status

Few know that Baez got his start in the Miami-Dade state attorney’s office, where he worked for one day before crossing the street to the public defender’s office. "Being a prosecutor just didn’t fit my personality," he said.

In Central Florida, Baez was a solo criminal defense attorney, struggling to find cases, when the case of accused child killer Casey Anthony walked in the door. After winning her acquittal last July and becoming a media star in the process, his life changed completely.

Baez became friends with Geraldo Rivera, was introduced to former President Bill Clinton and had dinner with Cheech Marin. He is still reeling at his newfound celebrity status.

CAPTAIN JUSTICE said...
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Anonymous said...

who is the dumb ass calling for someone to run against barzee?

she resigned a year ago

i love state court lawyers....its like swimming in a sewer.

Anonymous said...

Rump,

How did all those 2007 comments show up in this post?

George Frobisher said...

Jose has better taste in trial lawyers than he does in ties and pocket squares. J. Tony Serra is one of our great trial lawyers, a dying breed on life support. We are still waiting for Roy Black to blog about Serra's craft and style - there's plenty of video on Tony on the net, Roy. Watch him take apart pathologist Michael Badden in the Binion murder case.

In Jose's opening and closing in the Anthony trial, we can see perhaps glimpses of Serra's influence on him. Sure everything else was tough to watch. But while the talking heads in the media and the publicity-seeking Orlando lawyers were taking pot shots at Baez's lack of technical skills in procedure and evidence, we know that the jury was not so interested in those things. They were interested in the story. A trial is not an evidence contest.

Baez's problems in central Florida were not mere jealousy, although there is that. He is/was not liked by his colleagues in the bar for a number of reasons.

So was he just lucky? Let's take a step back and give credit where credit is due. He stood in the area and took the blows from the media, the judge, the public, his colleagues in the criminal defense bar, and he kept his focus. He displayed personal conviction; he believed in his case; and championed his client's cause.

Perhaps his hero Serra spoke to his conscious during those dark, lonely nights leading up to the trial...

Anonymous said...

I got so confused reading this comment thread.
2007?
I know you've been reposting the post, but the comments too??

Rumpole said...

Yeah- if I re-run the post the comments go along for the ride.

Anonymous said...

Just cut and paste to avoid that Rump.

Anonymous said...

Baseball SUCKS!

Anonymous said...

It would be real emberrasing for Rumpole's Knicks if they couldn't even beat the Heat's J.V. team. Does not bode well for the Knicks in the playoffs (especially if Carmello can't score 50 points every playoff game).

Anonymous said...

Well done, Doctor.

Well done indeed.

N.B. First loss at home for the Yankees on opening day since 1982.

GB

Rumpole said...

Carmelo hung 50 on your Hear. Is that the 3rd time this year the knicks have beat the heat?

Anonymous said...

As long as Carmello is making 75% of his jump shots, the rest of his team is scoring 52 points a game, and Norris Cole is running the 4th quarter offense for the Heat, the Knicks have nothing to worry about in the playoffs.

Anonymous said...

Rumpole,

Instead of reposting a past blog how about a discussion on the best trial metaphors utilized in trial.

Hell, you could even do a post on an obscure subject such as Barratry.

Or, another post on how ASA's refuse to turn over "Brady" and how pro prosecution judges in this building almost always never does shit about it as if the SCOTUS has never ruled on it.

MC Waste Services, Inc said...

this blog is following arods example by juicing the number of hits it gets

Anonymous said...

Accept Arod is getting paid.

MC Waste Services, Inc said...

except

Anonymous said...

In June 1970, Pirate righty Dock Ellis threw nine innings of no-hit baseball against the San Diego Padres. That in and of itself is impressive, but Ellis did it while tripping his brains out on LSD. In his celebration of the feat, Nashville raconteur Todd Snider recounts this bit of counterculture lore by describing the hallucinations (“the ball turned into a silver bullet, his arm into a gun”) as vividly as he does the game play (“His sinker looked like it was falling off a table, but nobody was hallucinating that”). In the end it’s impossible to tell which is America’s real favorite pastime: baseball or recreational drug use.

Anonymous said...

gag me

Anonymous said...

All is now right with the world.

Baseball.......

Eye on Shumie said...

Time to call the Shumie on this 2007 post.

Anonymous said...

The time(r)s, they are a changin'.
Gonna need to edit the post. There's now a between inning clock so we know we have 2:25 to run up the steps, hope there's no line for the bathroom or at the beer stand and run back down to our seat before the next pitch is thrown.
Not sure how it'll alter the game times but it'll speed up my pace.

Anonymous said...

Like Yogi Berra would say, this post is deja vu all over again.

Robert Kuntz said...

Tuesday, October 27, 2016. Game One of the World Series. I can see it now:

The Indians are on the field; the Cubs' batter stands in at the plate.

I believe it will happen. I believe it entirely. I have believed it every home opening day of every season of my life.

And -- at least for today -- it's true.

Anonymous said...

Wow, what a shockingly original post. Who did you copy and paste this one from? ( occupied America?)

Rumpole said...

Thank you. I wrote it ten years ago. Check and see. Accuse me of what you wish, but plagiarism is not one of my faults considering my absolute superior writing ability that lures even lunkheads like you back and back and back every day when you are able to put down your Archie & Jughead anthologies.

Anonymous said...

Start of the season...............CUBS are world series champions, undefeated and in first place. GO CUBS GO. SAO5

Anonymous said...

I read an interesting article today. Compared opening day to Easter or Christmas at a church. 90% of the people there would never be caught there on a Sunday in February. Not a day for true believers.

Robert Kuntz said...

Looking back at my comment from this time last year, I really should have placed some bets.

Anonymous said...

Game 7 of the 1960 world series ended on a Bill Mazeroski home run, hit to left field, where Yogi Berra was playing. If it was hit to right, as you mistakenly said, it would have gone over Roger Maris' head.

Anonymous said...

Start of the season, as always a great post. Thanks.....although the CUBS didn't prevail last year to get to the series, they're undefeated now. Go CUBS go.....SAO5

Rumpole said...

Yogi was in left field. That’s where the HR went. Watch the video

Robert Kuntz said...

I enjoy this post very much every year, Rumpole. I like plenty of sports -- college and professional football, F1, some pretty obscure other games, too. But none has the emotional, historical, poetical, sentimental pull and nuance of baseball. I still feel a thrill every Opening Day.

Samuel Johnson, sadly for him, was long dead before baseball was conjured into being. So he was referring to something else entirely when he spoke of "the triumph of hope over experience." But having served more than 60 years as a Cleveland fan, I think I understand the notion perfectly when I say: This is our year. For the Land.

Anonymous said...

How can you not be romantic about baseball?
It's a metaphor.
I know what a metaphor is.

Say it or I'm gonna point at Pete.

It's not that difficult. Tell 'im Wash.
It's incredibly difficult.

Anonymous said...

Never forget the corruption during the Corey Smith trial.

Anonymous said...

"Some times you win. . . . some times you lose. . . . some times it rains." Bull Durham (or my trial record).

Anonymous said...

Sorry - meant Lauren, not Margot. Two incredible trial lawyers.

Anonymous said...

Sue the SAO!