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

Saturday, April 14, 2007

SUNDAY IS DIARY DAY

Monday Update:

We think it's important to remember those who died at the hands of tyranny. American soldiers are now fighting, and dying, to defeat the type of people that
be-headed Daniel Pearl. The Post from Sunday stays up today, as we reflect on Mr. Pearl's life.
(It's either that, or complain about taxes, and who wants to be predictable?)



We wrote and posted this yesterday, but it bears repeating today:

The Herald reported that murdered Wall Street Journal Reporter Daniel Pearl’s name will be read today on Miami Beach at a ceremony at the memorial to the victims of the holocaust. Pearl’s name will be added to the wall of names and read, along with millions of other names, all who were victims to hate and intolerance.

Daniel Pearl was killed by Al Qaeda terrorists in Pakistan in 2002 because he was Jewish. Pearl was beheaded because he worshipped a deity who was different from the deity that those who killed him worship. In Pearl’s religion, life is sacred, and the lord commands that one should do good deeds for others for the sake of humanity. Those who killed Pearl, worship hate and intolerance, and they condemn themselves, and their religion, to a fate much worse than that they inflicted on Daniel Pearl.

May Daniel Pearl’s name always be remembered and spoken, as a brave man, who was killed by cowards.

We will speak Daniel Pearl’s name aloud today, and everyday that courage is celebrated.

It is unfortunate in a sense that Pearl's name will be read along with those who are also remembered as victims. To be sure, Pearl and those who lost their lives in the holocaust were victimized. But in the end, their memory will outlast those of their killers. They may have been victims, but their humanity outlives the ideas of those who murdered them. It is their names that will be spoken today, not the names of those who killed them.

Daniel Pearl will be remembered by me as a hero. And in a sense, from the youngest child, to the oldest person, all whose names are spoken today, and who are remembered individually and as a member of "the six million" are heroes. Their lives were taken in a struggle against inhumanity. By our very existence today; by our very act of speaking their names and remembering them, we celebrate the victory of humanity.


DIARY OF A MAD JURIST.

A Judge emailed us this week to express some displeasure over our regular series: Diary of a Mad Jurist. We were sufficiently chastised to remind everyone that this post is emailed to us anonymously, and we have no idea if the writer is a Judge.

All rise.....

DIARY OF A MAD JURIST.

Rumpole, I've had occasion to read some case law lately on judicial vindictiveness. I have to tell you that some of my colleagues do not make me proud. If you read the case law, you see, in limited circumstances, sarcastic and sneering Judges handing out outrageous sentences. The worst cases are where the offer was something like 3 years, and the defendant gets 40 after trial, and the judge sneers "he should have taken the plea when it was offered."

These are people's lives you know. Criminal conduct must be punished. But conduct worth three years (the length of law school) does not suddenly become worth 30 years because someone had a defense and it didn't work. Do not get me wrong Rumpole. People who use violence and hurt innocent people need to be removed from society, unless some rare circumstance can convince me otherwise. But the sentences I am reading about are just awful. How do some of these Judges sleep at night after taking away a 1/3 or 2/3's of a person's life? Don't they know how horrible prison is?

And that's another thing. There are so many things that need our tax dollars. Hungry children, health care, education, and yet I can't help thinking that a civilized society needs to treat its inmates better. I'm not talking about color TV's and the best gym equipment. I'm talking about making prison a quiet and sobering experience. Where time is spent in thought and remorse, and not some hell hole ruled by thugs where the guards have no control. I guess, having sent my fair share of people to prison, I just wish I could believe that there would be a chance of some of them coming out better than they went in.

Anyway Rumpole, thanks for the time.

82 comments:

Anonymous said...

Again, Horace, you should run the comments re Daniel Pearl and those that killed him every day. Every day, lest we forget the enemy we are up against.

Batman said...

Todays Diary of a Mad Jurist is either not the same person who posted the absurd diary entry about new judges shcool or this person is schizophrenic.

If this is not a smooth cover up then we now know the Mad Jurist is not Peter Adrien or Will Thomas, both of whom have been known to coerce pleas from defendants with threats of greater sentences if they go to trial.

We all know the trial tax exists. Judges justify it by saying "I know more about the case now than the parties told me during the plea negotiations, so I am imposing a greater sentence. The State's judgment is not my judgment."

Horse Hockey. It is all done to let defendants know that "I have a calender and a case load and I don't want you on either."

By the way, judges don't lose sleep over a sentence or they would not have imposed it in the first place.

Anonymous said...

Mad Jurist hit on an issue that, sadly, is very common nowadays with those lazy judges who are in it for the power high and not to work for justice. These judges punish defendants not for the offense they are convicted of at trial. These high-on-power judges punish defendants for what they perceive as a much greater crime, that is, "wasting" judicial time on a trial. They forget that we have an adversarial system, that everyone has a constitutional right to trial, that the burden of proof is on the state, and that judges are public servants whom we pay to work and that work involves trying cases. Judicial vindictiveness should be a JQCable offense leading to removal, because a vindictive judge does not have the temperament for the job.

Rumpole said...

Batman, perhaps the dairy entry about Judge school was not clear enough by me- It was NOT written by the same Judge or person who sent all the other entries. For one, it came with an identifiable email address. I have a very good idea who wrote that post. The other diary entries come from a different email address which is very generic. So there should be no confusion- the Judge School post was by a different person, who I am 99% certain was a new county court Judge. The other posts- who knows?

The DUI GUY said...

YOU ASKED FOR THEM. YOU WAITED ALL WEEK FOR THEM. YOU GUESSED ABOUT THEM ENDLESSLY.

HERE THEY ARE:


DUI Power Rankings. (C) All rights reserved. The DUI Guy.

1. 1.0 Carlos Canet
2. 0.996 Bobby Reiff
3. 0.990 Lyons & Lurvey

4. 0.989 The Q
5. 0.900 Jonathan Blecher
6. 0.899 Richard Hersch
7. 0.897 Miami PDs.
8. 0.655 Essen & Essen
9. 0.653 Jimbo Best
10. 0.554 Frank Gaviria.

Canet remains in the top spot, with Reiff and L&L right behind. Large move up for Blecher and the Q, while Jimbo Best falls and Catalano is out of the top ten, replaced by Frank Gavaria!!
Lurvey and Lyons slip slightly due to a plea. Hersch and the PDS battle it out for 6-7. All in all, an interesting week.

Anonymous said...

Where are the DUI power rankings?!

Anonymous said...

Thanks for the power rankings! But now we have to wait another week for the next ones...

DUI GUY said...

Look up.

real fake shumie said...

Thats it! Now I'm angry This is war.

real fake shumie said...

Gavaria makes the top ten, but not me????

real fake blecher said...

Stop being jealous alan.

Spicoli said...

I got the answer last night dude as posted on that other legal blog. A gathering of larks is an exaltation.

I also bought my old English prof a Slurpee and got this one:

"What's fair is foul and what's fould is fair." Or something like that. I think Judge Pinero is making a point to play fair and in harmony as best one possibly can. Put your best foot forward.

TORNADO WATCH IN EFFECT FOR ALL COUNTIES TILL FIVE BTW.

Aloha. :<

jonathan blecher said...

to dui guy:

i am both honored and humbled by my inclusion in the DUI power rankings.

i must give thanks to some fine police officers of this great county who continue to make the same mistakes over and over and over. it couldn't be done without them.

a special shout out to j. davenport, r. closius, r. slimak, k. millan and e. dominguez. they dont make too many mistakes, but they do keep the arrests coming.

real fake shumie said...

Oh sure...an acceptance speech. Gloating all the way....just wait...I'm gonna fix all of you...and that little dog of yours as well Dorothy!!!

real fake blecher said...

I guess I'm not needed anymore.

Anonymous said...

Doesnt it sometimes seem this whole blog is one little inside joke to shumie, blecher, lurvey, lyons, hmm..who else? captain, batman, spicoli, Judge P...that about sums it up. Comment oh great Rumpole?

Rumpole said...

No comment. I'm going on my yacht now.

Spicoli said...

Don't forget Korda dude. (BTW w/h and costs I hope). You're wrong. Not even in the ballpark.

Look: This site has moderation. I randomly popped up after being a "long time" reader; "first time" blogger.

The Blog I'm on currently has no comments (although I'm I really want to turn the Slurpee machine on -- ask brad who runs the machine). Music, jokes, pics, multimedia, that's what's there. And a much bigger riddle.

Ironically, The Federal Blog has no moderation. You can surf all over dude.

I can assure you none of these dudes have me pegged. But I'd like to think they do not have me lined up in their sites to shoot me down. I'd like to think I'm a good guy. I can turn on moderation but I think you would be missing out on Dave's blog. I have no filter.

I know what'll happen. I'll start telling dirty jokes and someone will shit then they're gonna kill us.

I can say unequivocally you are way off base. I put myself in cold, ready to play. At some point we may go free for all. But you guys and gals haven't looked at Dave's blog enough. HE HAS NO CLUE WHO I AM! Part of the conundrum and paradox of that other legal blog. You should check it. It morphs daily. It's weird and that's why we like it. Fish Heads amongst many other tunes were added. Also, you can AUDITION with emails to me or The Legal Beagle, uncensored, whatever you like. We can post it only if you ask us to and we like the audition. Bring your A game and don't be afraid of four lettered words. This means everyone. HINT: LISTEN TO THE SECOND SONG!

CURTAINS UP.

ALOHA

Now you're gonna freak out Judge Pinero. He has no idea who I am but wants us all to JUST BE COOL!

New stuff after Sopranos. Did ya watch Black George Bush?

(wonkette does this)

Anonymous said...

Rump
Getting the Max is assumed if you go to trial, even thiough its not fair.The Judge just needs to be "SMART" and not say anything, The Judge cannt admit there is a price to going to trial. The case involving 30 yrs (HO) after a rejection of 3yrs was mine.It was reversed on vindictiveness and the client got 3years in the end.
D. Sisselman

Anonymous said...

That's it!!! Rumpole is none other than BRAD PITT. All the clues point that way. This week there was a story about how Angelina Jolie and Brad Pitt bought a yacht. Now Rumpole tells us he's going to his yacht...no doubt angie is waiting for him.

Anonymous said...

What's unfortunate among far too many judges is that they forget they are mere mortals when on the bunch. They growl and howl and sneer and belittle, not only defendants but clerks and attorneys and court personnel and families of defendants. There is only one thing that separates them from mere mortals and that is a black piece of cloth (polyester no less). Yes their dockets are packed and their courtrooms are full, but let's be real. They are paid a pretty decent sized salary to sit up on that bench. The rest of the people in the Courtroom sit around every day just as long as they do. For many of the judges the job ends when they get off the bench and so they go back to being moms and dads and having lunch with their friends or going to the gym. For the lawyers and clerks there are hours and hours of work to do after those court hearings, so truthfully, suck it up, the fact that your calendars are long, doesn't really hold much credence.

Secondly, look at the people that come in your courtroom, especially in criminal and juvenile, they don't drive nice cars like you, they don't have fancy degrees and nice homes, but nonetheless they are human and deserved to be treated with dignity and not disgraced by your snide comments and your personal judgment calls.

That being said, there are plenty of Judges out there who are respectful and even keeled to the citizens of Miami-Dade who come before them and they should be a model to all judges.

Rumpole said...

to 1:21- to wit it were but true, alas tis not.

To Mr. Sissleman- I know you are a great PD. I will never accept that going to trial and losing means you must get the max. The good judges don't do that. If you think about it, sentencing should be one of the most thought provoking jobs a Judge does. Why abandon all the training and intellectual thought and replace it with a calculator?

Rumpole said...

Mr. Spicoli- your movie was on today. And due to the inclement weather warnings, I decided to stay ashore and watch it.

I must say I have a new found respect for Mr. Hand. If you need me to come and give you a lecture now and then on American History on a Saturday night, to take the pizza out of your hand, and provide a little discipline, so be it.

Of I could be half the writer of Cameron Crowe, I would be thrilled.

Anonymous said...

Few things:

1. Spicoli, your writing style will keep Advil in business.

2. Anyone who thinks the DUI Power Rankings are anything more than a funny joke, and nothing more, are complete idiots.

3. That also goes for anyone who thinks the "Q" or anyone working with him is responsible for writing about respecting, fearing, or becoming the Q. If you can't understand that, then close your eyes and become.....

4. No one who complains about anybody on this blog will do anything about it.

5. No one who defends anyone on this blog, is the person being attacked.

Back to reading....

Rumpole said...

PS. I tried to leave a comment on your blog, but like so much of your blog, I was lost and gave up.

Anonymous said...

Do you think Judge Reinhold looks at Tom Hanks and says to himself "that should be me"???

Fake Emas said...

Dude!!! I saw the movie too. It changed my life. I'm gonna cash in my retirement account, and blow the whole thing on hiring Van Halen for my goodbye party. Then me and Judge P are going to Australia to catch some toasty waves and rock with Mick. Dude...!!!

Rumpole said...

to 3:37. I read that last sentence (#5) , and even copied it and pasted it into a Google translator, and I still don't have a clue what it means.

Anonymous said...

This guy is an idiot:

Spicoli said...
Spicoli said...
Spicoli said...
Spicoli said...

Block the moron please

Anonymous said...

Rump- Feist is a hottie!!! Did you see the lil spinner's pic in the Times today? I'm in lust.

Anonymous said...

There is something vaguely illicit — and let it be said, powerful — about penning a book anonymously. A nom de plume suffices if an author wishes to not have a certain work identified with the rest of their work. But with the use of "anonymous" the author has a freedom — a certain blamelessness. The term is frequently enough associated with gossipy "tell-alls" of the rich and famous, such as the barely fictional Primary Colors (the author was eventually exposed as Newsweek columnist Joe Klein), or slyly accredited to erotic romps with lurid titles such as A Night in a Moorish Harem or The Misfortunes of Mary.

Anonymous said...

The post from Fake Emas made me laugh out loud.

Dude...lets parteeee.

fake ted mastos said...

now just (chomp) hold on a cotton pickin (smack smack) minute here and collect out (chomp smack) thoughts. Ok?

fake shelly schwartz said...

hmmm... the blue tie with the pick shirt? Or the green tie with the purple shirt?

the trialmaster said...

for my followers, be advised that the trialmaster will be in the REGJB this week.......

Anonymous said...

riding on a boat in this weather?

Jeff Spicoli said...

Aloha Rumpole,
What movie? What about crows? I party with larks.

:< Sorry you were LOST on the site.

Dude, I mean Sir, you can't comment b/c That Other Mr. Hand turned off the feature. Glad you decided not to take out your dingy. Only Spicoli can ride those waves today.

There is only one Mr. Hand -- my favorite Martian. He still owes me for that pizza. One thing he taught me, there is always more to learn, and many more like him everywhere. Only a fool is afraid to learn more and thinks they know it all.

How do you think I figured out Judge P's riddle last night? Why of course, I read the Shakespeare's entire library last night. Still no one has figured out what exaltation means (obviously). Look at the pic re: exaltation I posted on that other legal blog and maybe you two can lern something. Hint: Politicos are sometimes referred to as that and the title of the picture is who we all are. I think I froze my brain. Time to half-bake it a bit. ahhh. Not river booze Sir Rumpole.

Uhh, 3:16:00 PM: What you seem to forget is judges are mortals off the "bunch" as well and are not supposed to be treated as punching bags all of the time. They have lives. Have some respect for the "bunch" huh? Learn something from them as I have rather than snipe. No need for Napalm all the time.

Mr. Rumpole Sir, anytime you wanna stop by my home again and have a slice is AOK. This time, you buy. I had to put down my tasty rolled up treat and U.S. history to study Brit. Lit. last night. Again.

Why the hell did I start with Paradise Lost? I confused the stupid authours.

To the haters: HEY BUDS: WHAT'S YOUR PROBLEM! advil. i have better shit than that.

Maybe it will be open mike night after Sopranos and Entourage. No moderation.

For now, you have to audition. Email The Beagle or moi (French poodle taught me that). I will push for no moderation. The songs are all shuffled again. Try to listen to them in order. All are welcome. i.e. blecher, batman, robin, fake "x," dave (dave's not here).

Adios.

The Legal Beagle said...

For those of you having difficulty understanding Jeff, there will be open discourse between the hours of 11:05 PM and 6:05 AM.
I have chosen to moderate this way. Comments will be fullly enabled. Prior comments will be visible at that time.

Thank you for your consideration.

I must now remove my speech translator for I am really a canine.

--The Legal Beagle

Rumpole said...

WASHINGTON - Attorney General Alberto Gonzales, fighting to save his job, said in prepared Senate testimony Sunday he has "nothing to hide" in the firings of eight federal prosecutors but claimed a hazy memory about his involvement in them.

This has got to be what you call "famous last words." Hopefully.

Anonymous said...

In honor of his good friend Judge Glick, shouldn't Rumpole at least have mentioned that today in History, the Titanic sunk?

Anonymous said...

Dan (Fredo Corleone) Lurvey:
It ain't the way I wanted it! I can handle things! I'm smart! Not like everybody says... like dumb... I'm smart and I want respect!

Chris (Michael Corleone) Lyons:
You're nothing to me now. You're not a brother, you're not a friend. I don't want to know you or what you do. I don't want to see you at the courthouse I don't want you near my office. When you see our clients, I want to know a day in advance, so I won't be there. You understand?

Anonymous said...

"Your father did business with Ken (Hyman Roth) Weisman; Your father respected Ken (Hyman Roth) Weisman; But your father never trusted Ken (Hyman Roth) Weisman"


Frankie (Frank Gavaira) Pentangelli to Michael (Chris Lyons) Corleone

Anonymous said...

"I am a retired investor on a pension, and I wished to live there as a Jew in the twilight of my life."

Ken (Hyman Roth) Weisman to reporters
--------------------------------
"I'm going to take a nap. When I wake up, if the money is on the table, I'll know I have a partner. If it isn't, I'll know I don't."


Ken (Hyman Roth) Weisman to Michael (Chris Lyons) Corleone on the famous deal to ice out Dan (Fredo Corleone) Lurvey from the DUI and Olive Oil Business.

Anonymous said...

I don't know from this godfather stuff, but the rumor is that if you go on U Tube, there is a grainy video of a man in a raincoat and bowler and black bow tie entering the back of the REGJB and the title is "Miami's Mysterious Rumpole entering the courthouse???"

Just do a search on U Tube and let me know who you think it is.

michael said...

Hope no one winds up like Frankie "Five Angels." Especially the poster above. Good one.

I don't know the backdrop you are analogizing to.

To quote Hyman Roth, "This (hic) is the business (hic), we chose."

Listen to Frankie. Just don't wind up like him. That would be sound advice. How one doesn't know The Godfather and the easy reference should take a peek at one of the greatest films in American cinema. Specifically, that quote with Frankie "Five Angels" is from GFII.

OMERTA. See ya later. I hope. Listen to Frankie b4 he takes a bath.

Man with White Coat said...

Apropos

The Legal Beagle said...

Fire away. Adult Hours are enabled.

cocaine cowboy said...

Buncha ingrates. Who made all this? Me that's who. Who made all this? Me, that's who.

The Legal Beagle said...

:< System Failure: Moderation Disabled

Judge rob pineiro said...

This is the first time that, as far as I know, I have to disavow a post attributed to me. I have never written to take moderation off. I have an opinion but have not and will not express it as it would be public commentary on an issue which I cannot, without a doubt, say has an inpact in the administration of justice and thus prohibited. Hopefully it will be the last time. To the author, please, do not lead me into trouble. I can find the way myself.

Mr. Spicoli, you are quire correct, it is an exaltation of larks. However, you give me too much credit for hidden messages. I was thinking more in terms of Sonnet 29 which starts "when in disgrace with fortune and men's eyes..." A lark singing at heaven's gate is certrainly exalted. A tad hazy for a hint but, hey time is well spent reading Shakespeare.

As as an amateur etymologist, where does the expression "let the cat out of the bag" come from? Whats the cat doing in the bag in the first place?

Anonymous said...

The Mad Jurist made a good point about harsh sentencing by vindictive judges. It is a shame that all good points on this blog lose out to stupidities like DUI power rankings and Spicoli diatribes. In any event, in reference to harsh sentences, I often think of the poor mother who Judge David Miller sentenced to thirty years in prison. She ran a red light and killed two young women, but she was not DUI or anything else. She accidentally ran a red light because she was dealing with her daughter in the back seat. It is something that has happened to every single one of us. Yet, she is serving 30 years in prison with murderers and robbers. It was one of David Miller's first criminal trials and he used this mother to teach all other defendants and attorneys a lesson. He's an embarrasment and I'm thrilled he's in civil.

Anonymous said...

Moderation disabled? Let's check...

Anonymous said...

No, it's still enabled...

Anonymous said...

That woman in the David Miller case should never have been charged with vehicular homicide. She should have been charged with running a red light with a fatality. Did the 3 DCA already decide the appeal. Vehicular homicide is reckless driving resulting in a death, and I didn't see anything but carelessness in that case. KFR and Miller both made a big mistake in that case. I hope it gets corrected for that woman's children's and justice's sake.

The Legal Beagle said...

Question: Does system failure equate to enabling moderation? Read between the lines.

:< System Failure:

What system? The blogging system? The legal system? Our culture? Should there be moderation?

Anonymous said...

To Monday, April 16, 2007 9:33:00 AM

Please tell me the name of this defendant or case number. That cannot be true 30 years to a mother and no DUI, drugs etc?

If that is taking place in Dade County by any Judge it must and should stop NOW!

Anonymous said...

Where on earth do you get your information? I'm no fan of David Miller, but you're wrong about the facts of that case. I would suggest you do some research before you talk about something as fact. The cite is Suarez v. State, 879 So.2d 1251 (3rd DCA 2004). The defendant was not dealing with her daughter, but was instead weaving in and out of traffic, speeding, and made absolutely no attempt to stop at the red light as she barreled through the intersection at a high rate of speed at 3AM. She killed two people. I don't think 30 years is too much for tragically, negligently, and wantonly taking the lives of two young people, do you?

Spicoli said...

Dear Judge Pinero,

Aloha sir. I had to do some major studying to figure that one out! Sweet.

Maybe Rumpole will take me out on his yacht so I can board behind it. Someone told me it was a canoo. Or a kazoo. With Gary Ganoo and good ganews.

At any rate, I am LOST on the issue of moderation. I stuck a virus in that other legal blog (WHICH CAN BE FOUND IN MY PROFILE)
disabling moderation. In other words, it's a free for all. Many have looked and a few have written. Thank you.

That sonnet is stellar. Larks are all over the literary world. My other prof, Mr. Kneecap, taught me how important it is to learn where words come from.

As to your latest piece of trivia, who the hell puts cats in bags. Google should help, but I'll give everyone else a chance b/c I think I know.

AREN'T WE ALL LOST ON HOW TO SPEAK OR WRITE THESE DAZE? Maybe that's the point of that other legal blog.

We only know one thing. We don't know what the answers are. For the record, we never attributed anything to you. However, before I answer your riddle, I hope you can try to figure out what the picture is on the exaltation post on that other legal blog. Uhh... OBJECTION! I respectfully request you answer my riddle first. Hint: Music.

We are wordsmiths after all. My words go through a grindhouse sometimes.

Thanks for the validation. SWEET.

And, Aloha Judge Pinero. (I am really tempted to go into Disorder in the Court here Judgie Wudgie).

:< System Failure

And please, call me Jeff or Spicoli.

For everyone else out there in Rumpoleville, we do not pretend to know the right answer on moderation. Only we do not know the answer. Unmoderated is how I want it. I think.

RIP Daniel Pearl

Jeff

Rumpole said...

I had a feeling that other post wasn't from Judge P. The proper etiquette on this blog is to post as "fake Judge P" when wanting to make a statement on someone's behalf.

As to Mr. Denaro- he did exactly what a penalty phase attorney should do during the guilt phase. Sit there and do nothing. Especially with the facts in this case, you do not want the jury associating a defense attorney with the facts of innocence or guilt. I believe he will do a great job in the sentencing phase, and I am sure Ms. Nesmith will keep us all informed.

The David Miller sentencing bears further discussion. I would not have as much a problem with the case if I didn't sit in his chambers and hear with my own two ears him say to a prosecutor that although he was new, he was going to make sure he was known as "maximum miller" like "Maximum morphonious". That is just wrong for any Judge to say, and it undermines his sentence in any case, especially a 30 year sentence in a traffic accident. That is why they call them accidents- because no matter how tragic the results- they were an accident.

Anonymous said...

"accident"

Anonymous said...

I looked up the Miller sentencing case. Even the app.ct. made reference to it as a "tragic vehicular collision." She ran a red light and was speeding. Makes no reference to weaving. No drugs. No DUI. Not a vehicular homicide. I also remember some short time thereafter, Bagley sentenced a cop who accidentally killed a pedestrian in a traffic crash to only 3 years in prison. Shows the disparity in sentencing. Shows Miller had no heart and didn't find any meaning in the words traffic ACCIDENT. I have absolutely no doubt in my mind that he was trying to become "Maximum Miller" and in fact did become it. You can ask Fred Robbins about the 30 year sentence. He was the defense attorney. The prosecutor was that woman who always wears a hat. Her name escapes me. Sorry if I'm rambling but I often think about this woman doing 30 years. There, but for the grace of God, go I.

Spicoli said...

Ms./Mr. 4:13:00 PM,

"accident," if you are referring to Judge Pinero's question is wrong. Chicken! Otherwise you were referring to some other accident. If not, what accident, is part of the trivia specifically. Hint of course on that other legal blog. And yup, this is a cheap pop farmer boy.

j said...

The 3rd said: "The trial testimony included two eye-witnesses that recalled having seen Suarez speeding toward the intersection just prior to the collision and making no attempt to stop at the light that was red for Suarez's vehicle."

That was as harsh language as I could find in the opinion.

Anonymous said...

In response to 12:24 you are quick to judge but perhaps you should check your facts before you comment. You are correct that Joel never once opened his mouth but that was because he wasn't supposed to. He was only brought into the case to argue the second phase - life in prison or death. And Rumpole is correct he does have his work cut out for him.

Monday, April 16, 2007 2:28:00 PM


Anonymous said...
Whew!!!!! If what you say about Joel is true, then the citizens of Miami should be safe. Death for sure for that defendant.......

"brought in" to argue the penalty phase? He's never done a death case so why would he be "brought in"???

F****** joke.

Monday, April 16, 2007 4:23:00 PM

Anonymous said...

To criticize Joel D because he has never handled a penalty phase is ridiculous. There has to be a first time for everything. He is experienced and smart and will do a good job. I have spoken with him frequently about this case. Joel located the mental hospital where his client was client was released just before this awful crime. The other attorneys who were working on the case never thought to even try to do that. Joel has the medical records, and a nationally known expert ready to testify for his client. Joel has done a great job preparing for this, and I wonder if anonymous is brave enough to sign his name to his next post about Joel.
Joel's defense of this client is in the very best traditions of criminal defense attorneys who speak for their client when no one else will.
I doubt anyone who would write such a comment has ever had the courage to try anything more serious then a disorderly conduct bench trial.

Phil R.

Batman said...

The lesson we learn from Judge Miller and those like him is that idealogues have no place on the bench. What is the difference between Miller and say....Scalia? Not much, except the level of harm they can do.

Miller hurts one life and all those involved with it. Scalia hurts milllions of lives and all those involved with them. We feel for the person not the precedent.

Miller chose this unfortunate woman to send his message. He chose this high profile case to establish his identity. You all forgot about him last May, because he moved to civil.

The truth is no matter how "reckless" Ms. Suarez was, murderers who "intend" to kill have been known to receive lesser sentences.

To 3:00pm either Suarez was negligent or wanton, she could not be both. If she was only negligent, then there was no crime. If she acted wantonly that is the same as recklessly and although criminal, it is not an intentional act. I can honestly say that there are few on the bench who would sentence someone for Vehicular Manslaughter (Reclessness) the same as someone who commits Vechicular Homicide (DUI). How many deaths are attributable to automobile "accidents" that never go beyond the civil infraction stage.

There is actually no proportionality in what Miller did. It is sad to say that with this DCA nothing is going to change unless the new judge in that division can find a reason to make it right.

Anonymous said...

Joel personally went to Puerto Rico to investigate his client's background and find witnesses for the death phase. I think that he should be commended for taking a tough case that a lot of the "experienced" attorneys in the building (i.e., the "trialmaster") are unwilling to touch. This is what makes great trial attorneys.

fake john mitchell said...

What time does the public burning of Torture Boy Gonzales begin tomorrow? I want to either watch or TIVO the proceedings.

Trivia Chicken Salad said...

I was dining on some chicken salad today at lunch and tonight it dawned on me... do Rumpole's bloggers have chicken sh#t for brains? I can't believe no one knows how "who let the cat out of the bag" originated as an expression. Literally, a hint. Figuratively not.

I like the trivia questions here that pop up, but care more particularly about global trivia.

Even Spicoli knew the answer to His Honor's question immediately.

Rumpole said...

To the person who was upset Phil R posted- re-write your comments expressing your displeasure that he posted in defense of Joel D, and remove the expletives.

Rumpole said...

here is why we didn't post your comment- we get too many emails from individuals who say they don't write comments anymore because once they do, they get 5 or ten comments calling them a-holes, f'ing jerks, etc, and who wants to subject themselves to that kind of nastiness? And they're right. Have the courage to post your name if you don't like someone, or go to another blog.

You sir or madam, are not the type of contributing reader we want. Take your comments elsewhere. Good day sir! That is why we have moderation. For jerks like you.

Anonymous said...

To the guy who hates me. Get over the election already..... your guy won.

Phil, thank you for the kind words.

The Legal Beagle said...

"AP - 7 minutes ago
WASHINGTON - Senators postponed testimony by Attorney General Alberto Gonzales in the aftermath of Monday's deadly Virginia Tech shootings, delaying his chance to defend contradictions about fired federal prosecutors that have taxed his credibility."

SH%T. IF ONLY IT WERE 8 MINUTES!

Set your TIVO to hunt for Gonzales and wait form Sir Patrick of Vermont to BBQ his ass. And then, have some Ben and Jerry's.

Anonymous said...

Rumpole, you made this post as an April Fool's Day joke:

http://justicebuilding.blogspot.com/search/label/April%201

Apparently, Broward County thinks it's a great idea:

http://www.miamiherald.com/884/story/75243.html

Anonymous said...

The judge who is now in that division is Butchko...no chance this injustice will be made right. Secondly, I promise that whoever is knocking Joel has never tried a case of this magnitude. Joel is a very good guy. Additionally, he is a great trial lawyer. End of story.

fake edwin meese said...

The Senate has given "Fredo" Gonzales a reprieve until Thursday, although I think the reason is that the Democrats want the Va Tech shooting media coverage to blow through two cycles and settle to a dull roar so that they can have center stage for the skewering of our soon to be ex-A.G.

Anonymous said...

Batman said:

"The lesson we learn from Judge Miller and those like him is that idealogues have no place on the bench. What is the difference between Miller and say....Scalia? Not much, except the level of harm they can do."

Another difference is that Scalia is an intellectual ideologue and Miller cannot even be considered an ideologue.

"The truth is no matter how "reckless" Ms. Suarez was, murderers who "intend" to kill have been known to receive lesser sentences."

Absolutely right! I've seen murderers who do "intend" to kill get less than a quarter of what this poor woman got.

Spicoli said...

A tragic day.

We are in fact Lost as a society and planet. That is the only thing I know.

And that, is the < SYSTEM FAILURE

Anonymous said...

I would love to know who the people are criticizing Joel. I would love to look in your eyes and see what a sad pathetic excuse for a human being looks like in a suit.

Anonymous said...

Phil R. & Joel relax don't take the blog to heart you are both good guys.

Batman, I agree with you on Miller. I would like to see a real list of Judges names who have the same thought pattern.

The time is now to start making a hit list for 2008!!!

Anonymous said...

Fake Harry Blackmun says,

"I shall no longer tinker with the machinery of Denaro."

Anonymous said...

Run them out of town folks. Or, give them the Mental Health Division in Miami-Dade County! They will have lots of work there!