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

Monday, June 11, 2007

NEW BOND HEARING/ARTHUR HEARING PROCEDURES

JUDGE BLAKE DOES NOT ANSWER OUR EMAILS

HOWEVER HE DOES EMAIL THE FACDL


HERE IS WHAT HE HAD TO SAY

1) Circuit Judges will do their own Arthur Hearings.
Cancel that 3:00 PM tee time guys.

2) Two new Judges will handle bond hearings Monday through Thursday, with a special guest retired Judge for Fridays.
Who said consistency in setting bond amounts was a good idea anyway?

3) NO MENTION OF GERRY KLEIN.
DADE JUDGES SILENT ON OUSTER OF JUDGE KLEIN DAY SIX.
Fair warning here dear robed readers, we have several reporters who have been speaking with us about this story. Your silence is deafening.

Finally: What about the "dade rule" that because police make so many bogus arrests for non-bondable offenses, that you cannot get an Arthur Hearing before the arraignment? Will that now change?

Scenario: Man and wife are getting divorced. Wife locks husband out of home. Husband climbs through window, gets belongings, including his prized Buck Knife, and as he is walking out the door he is arrested for......? You guessed it- Armed Burglary. Husband can't get bond until 21 days later.

Is this going to change? Are the courts going to be more responsive to the police's blatant manipulation of the system? Or like the Gerry Klein mystery, are our Judges just going to sit there saying "see no evil"??





This really isn't our criminal judiciary, is it?

Here is Judge Blake's perky email:

Hi Everyone,
It now appears that a solution has been found for the weekday bond hearings. Senior Judge Tom Peterson and Judge Fred Seraphin will be handling bond hearings Monday-Thursday. Our Chief has been able to arrange that senior judges will cover the bond hearings on Fridays. This new procedure is scheduled to begin on Monday, June 25th. Because Judge Seraphin will now be doing bond hearings and county court back up, it will be necessary for each division to handle its own Arthur Hearings. I will be asking Fred to send out an email to us to let us know things we should be looking for and see if legal can assist us with any questions we may have. At this time, it appears that some Arthur Hearings currently set during the week of June 25th may be reset in your division. I am sending this email to the judges and JA’s so everyone is aware of the changes. As always thanks for your cooperation and call me with any questions. Stan


Rumpole says, we can only wish some of our clients were as silent as the Dade Judicial Administration on the Judge Klein issue. Well, they do get to see the stupidity of speaking to the police, so we really can't blame them for lawyering up.

54 comments:

Anonymous said...

Wow- 3 new posts in one Monday afternoon. Rump de la Rump is on fireya!!

He's really gunning for Blake here. Why won't Blake tell us why Gerry Klein was canned? its a fair question

Anonymous said...

Rumpy I love ya. Have I told you that lately? I really love you. Keep up the good work ol'chap.

Anonymous said...

This could be good if we can get the division judge to set an Aruthur Hearing right away.

If they all tell us to wait until the arraignment, (day 21) then we should make our donations to their campaigns 21 days AFTER the election.

Anonymous said...

4th Circuit. Arthur Hearings. Bond Hearings. Judge Klein.

What happend to the Q? Jonny "No slope" Blecher? And who's zooming who? That's what I read the blog for. Not arguments on Guantanamo.

Anonymous said...

Rump, everyone in the SAO knows why Klein was canned. One person even posted on your blog why Klein was canned, but then you removed the post. So don't demand to know why Klein was removed when you've already been told the reason why.

Rumpole said...

Everyone does NOT know why Klein was removed. I have heard 3 reasons- 1) money 2) SAO

the third reason is troubling, and I will not post it unless it is true. No one will say. The Judges could be covering for Klein, which at this stage in his career is an admirable thing to do, or the Judges could be ashamed that once against (SEE, State v. Pando) they buckled under to pressure from the SAO (the misdemeanor division no less!!!!) and allowed a Judge to be removed because he was "too fair".

Rumpole said...

Our new nicknames are "Silent" Stan Blake and "Silent" Sam Slom. Especially Judge Slom, who had no problem posting in defense if his actions with new legislation last year, his inability to hit the send button on the email is troubling. Judge Blake, as we all know, only reads the blog once every two weeks.

David Oscar Markus said...

Rumpole, this seems right up your alley:

A Georgia Superior Court judge today ordered the release of Genarlow Wilson, who has served two years of 10-year prison sentence for having consensual oral sex with another teenager at a party when he was 17. Prosecutors said they would appeal the order.


How come no post from the great English Barrister?

Anonymous said...

great now not only is moderation on. Rumpole now takes down post from inside sources as to why the Judge was removed.

Can we start a Rumpole II blog that allows rumor and unmoderated comments.

"I HAVE A DREAM" that in Miami- Dade Rumpoles blog will someday return to the good ole days.

Anonymous said...

Rumpole:

Perhaps you should consider the possibility that Judges Blake/Slom have too much respect for Judge Klein to publicly publish information on this issue.

I submit for your consideration that if you feel compelled to publicly disseminate information about a judge who has served our jurisdiction with honor and dignity - it may be prudent to resist that compulsion.

Our administrative judges have usually responded to our concerns in a professional and timely manner. They are always accessible. The fact that they have not responded publicly to your inquiry is probably an indication that they feel it is inappropriate to do so.

Fake Blecher said...

I for one am deeply disturbed about this Jonny "No slope" Blecher. I think I speak for Mr. Blecher, as the caretaker of his nickname, and even for my arch enemy "Real fake Blecher" that there is no reason for this Jonny No Slope BS and it has to stop now.

Anonymous said...

Rump, it's number three. I heard it myself from the alleged victim. Now I have no idea whether or not the acts alleged actually occurred, but that's the reason Klein was releaved of his duties.

Rumpole said...

I rejected that comment about gang rape and the football player. It had a "Michael Dukakis/Kitty Dukakis" rape refernce regarding someone's daughter. It was a close call, but I err on the side of caution.

The gist of the comment was that the football player released was involved in getting a young girl drunk and then participated in a gang rape, and how would the lawyer feel if someone did that to someone he cared about.

I do not think that the Georgia case is about that. The girl herself testified that the sexual contact was consensual. At play here was the Georgia statute that sent the young man to prison for ten years because it was oral sex, whereas if it were sexual intercouse, there was no prison minimum mandatory.

From what we know, this young man did not deserve to go to prison. More on this later.

Anonymous said...

plus that min man for oral sex has been repealed

Anonymous said...

Rumpole you do not know the facts. the young man did receive consensual oral sex. he also committed statutory rape with several others of the girl. she cannot consent and she also was drunk if I remember correctly. the problem in the case was that intercourse was punished less than oral sex. you did not publish because it was somewhat confrontational towards your friend blogger.

Anonymous said...

Rumpole, it's neither money nor the SAO. It's number 3 and don't kid us that you haven't heard what everyone is talking about in the building, even more so when someone posted it in your blog. The question that needs to be answered is whether number 3 was used by the SAO as an excuse to push for Klein's removal.

Anonymous said...

Why can't people just leave Kitty Dukakis alone and in peace with a nice tall glass of rubbing alcohol?

Anonymous said...

Seraphin should be a suitable replacement ultimately. Tough judge, but nonetheless does a great deal to protect the rights of the criminally accused - so you can rest assured, the days of the fast CTS are long over.

Anonymous said...

6:51pm, so much for the presumption of innocence until proven guilty and the prohibition against hearsay.

You say everyone in the SAO knows why, rah blah blah.

Unless you're a direct eyewitness to the events in question or have at least come into information under exceptional circumstances which bears a strong indication of reliability, don't you think you're jumping to conclusions, which is what Rump is trying to avoid doing? To avoid running names through the muck without reliable information?

Anonymous said...

as Julio Jimenez once said to me, while he defended an accused rapist: "10 years for a blow job?! he didnt even come!"

defendant's name available upon request.

Anonymous said...

Pando was not "removed" for being "too fair." Pando was joke. She routinely showed up 30-90 minutes late for court (big surprise........cops and victims took off rather than wait). In fact, she was late so often that her bailiff had pre-made signs! She also dumped cases left and right and made anti-semitic comments that Jews are responsible for Christ's killing. Say what you want, but she was a joke.

PS----notice how the State did NOT complain about other defense oriented judges like Krieger-Martin (who Talpins ALWAYS supported).

Anonymous said...

RUMPOLE: Your 10:30 pm reference to Dukakis is INTELLECTUALLY DISHONEST AND IS INTENTIONALLY MISLEADING AND MISREPRESENTION WHAT THE POST SAID. The comment made no reference to the Dukakis', you interjected it yourself and then another person comments on it not knowing that YOU INTERJECTED it, not the original comment which you failed to post. You really are a criminal trial lawyer.

Rumpole said...

Listen, I understand my comments may be a bit too intellectually high-brow for you. My obscure refernces to political history take more than a 90 IQ to figure out.

Michael Dukakis in his debate with George Bush was asked, in refernce to Dukakis not supporting the death penalty, if he would change his mind if his wife Kitty Dukakis was raped and murdered.

In that same light, a person, presumably you, wrote a comment directed to an attorney (who I know happens to have two infant daughters) asking how would he feel if the football player raped his daughters?

I thought the comment was a bit too personal for this blog. The question has merit, but could have been framed a bit nicer. Therefore, rather than just not post it, I mentioned it, and said that the question was similar to the Michael Dukakis/Kitty Dukakis question. I understand my knowledge of american political history is extensive and my refernces were beyond your limited ability to understand.

I hope this clears the matter up for you. Per chance, you don't happen to have a fondness for Circle K do you? I have a feel for writing styles.

Anonymous said...

Now that's the Rumpole we all know and love. Way to shut him up Rump de la Rump!!!!

Anonymous said...

To Fake Blecher at 9:48 pm:

Here is the genesis of "johnny no slope" Blecher:

In the wild west hey days of DUI defense, when the indium crimper was being phased out, and the intoxilyzer 5000 was the new whiz machine, Young Jon Blecher was in Court with Richard Essen litigating a DUI with a breath.
Judge Harvey Baxter, widely considered the dean of DUI judges at the time, had denied the motion to suppress, and the case proceeded to trial.

Young Jon Blecher was cross examining the breath tech, and the questioning turned a bit testy. Unable to get the officer to admit that when the machine said "slope not met" meant there was a problem with the breath sample, Blecher suddenly whirrled in court and said something like:

"Isn't it true officer that you have been trained that if the slope is not met, his breath you cannot get?"

Richard Essen called it the best question on cross he had ever seen in his 30 years of defense.

Needless to say, the question turned the tide in the case, and Blecher has been known as "Jonny No slope" or "Slope not met" Blecher ever since.

And remember this was in the days way before another famous Johnny- Cochran- came out with his famous rhyme.

In a personal note, that readers of this blog even spend time writing this nonsense is the reason I love reading the blog.

Anonymous said...

Rumpole: It is quite comical that you claim intellectual superiority by taking a comment where one defense attorney questions another criminal defense attorney's glee at the release from prison of a man who gang raped a minor under the influence because people feel sorry for him because he was a football star and honor student. The codefendants took pleas. You then make an obscure reference to an attack on a presidential candidate andhis wife from 5 elections ago, 1988. You still have not addressed the issue raised-10 years for a blowjob is appalling- 2 and 1/2 years for gang rape of a 15 year old is very lenient. How many are in prison who don't have Oprah and the country rally around them because they weren't a pro prospect who committed less severe crimes. You are a hypocrit. If he gang raped a white girl in Miami and not rural trailer park Georgia trash you would be in an uproar.Now here is my recollection of the obscure reference you made: Dukakis was trounced, one of the worst defeats in Presidential history, commercials made reference to the Willie Horton case when Dukakis was governor of Massachusetts which Bush used to his strategic advantage in getting elected, which led to 1991 gulf war, then election of Bush's son then Iraq II where we are in another Vietnam all because of distortion of facts which you have just done.Your distortion and omission changed the story drammatically. Stick to the law -you would be a lousy journalist. You got the circle part right, I could run rings around you as a trial lawyer.

Anonymous said...

In the Georgia case, the kid was tried on the "rape" case where the girl was alleged to be too drunk to consent and found not guilty. The case he was sentenced to 10 years on was the consensual oral sex.

Batman said...

To Soprano fans here is what really happend:

Tony was killed....

In fact, the ending was genius if you've paid attention to the show or are just a fan of well developed well thought out plots
that all tie together and have the memory of a champ to remember it
all the ending was simple, he got killed, but let me tell ya'll why and explain in detail...

There was 3 people in the room
total who had a reason to kill tony.....

1. The two black guys, they were paid before to kill tony
but he was only shot in the ear, this was in one of the earlier seasons.

2. Also in the earlier seasons, the trucker who was sitting
at the bar stool, who the camera kept focusing in on, is Nikki
Leotardo, Phil Leotardos nephew, he was in one of the early season
episodes where Phil and Tony have a sit down....

It pays to read the credits so you can ID the actors and their roles. Check out earlier episodes and the name of the actors and the name of the actors in the final episode. There is real genius here...

When Tony is walking in the diner,you see the camera focus
on him, then it switches to his perspective, and you see him looking at the booth he's going sit at...

Then the camera switches back to Tonys face,

It once again switches to his perspective, and it shows him looking at the door and looking at the people come in.....

Everytime the door opens the chimes sound.......

Carmela walks in, chimes, AJ walks in, chimes,

Meadow is parallel parking, still trying to get inside the restaurant....

At this point the camera switches back to the trucker who goes in the bathroom......

Then it goes to a scene where Meadow finally parks and starts running in the diner....

The doors about to open, Tony looks up....and no chimes....... no music............

Everything just goes black........

In one of the early episodes of the this season, Tony is talking with Bobby about what it must feel like to die..

Bobby says "at the end, you probably dont hear anything,
everything just goes black"

Part of that was revisited in the second to last episode during the
last seconds, when Tony is about to go to sleep and he flashes back to the memory of him and Bobby on the boat... "You probably dont hear
anything everything just goes black"

So in the end, the Journey song was playing, the chimes on the door
sounded but when Meadow came in, the guy in the trucker hat came out and killed Tony...

It is the reason you do not hear, or see anything when he died.... it was from his perspective.... and everything went black, then the
credits rolled.

Rumpole said...

My dear Circle K Clerk-

first, and I have said this before- it's "hypocrite" not "hypocrit".

Second- I would be glad to square off with you with closing arguments at six paces at dawn. You would need to bring medical assistance.

Third- and once again, I am using my powers of deduction and incredible ability to read between the lines- am I correct in guessing that before you square off with me, you must first defeat the Bar? Just another guess.

As to the case with the football player, I am composing another one of my award winning posts that will knock your holier than thou socks right off.

Anonymous said...

That could not be the genesis of Jonny "no slope" Blecher bc it JB NEVER went to trial. Notice how the ASAs to this day have pre-printed rights waiver forms for his clients.

Anonymous said...

Horace, the entire 11th Circuit knows the reason why Gerry Klein was "retired." If the Chief Judge and the administrative judges allowed it, it must be because they had credible information which led them to believe it was best for him to go. I appreciate your loyalty to the judge, but if it were an ASA in trouble, you would have already published the allegations. Proven or not. So come clean. Though keeping the victim's name private would be a courtesy and the thing for a gentleman like you to do.

CK said...

I love it Rump. My style you know not. It wasn't me but I am so stuck in your craw that you can't stop thinking about me. And I wouldn't criticize anyone for spelling errors. You are good for several every day. In your case the correct spelling is probably "hippocrite"

Anonymous said...

Captain Pro Se update.

The appeal in the www.courthousescandal.com case was held at the Juvenile Justice Center before two Juvi Judges and one criminal Judge.

The star panal was

Judge Valerie Manno Schurr
Judge Douglas Chumbley
Judge Spencer Eig

No word on CPS and how it all went down.

Anonymous said...

If that K-9 could talk, he sure would have some stories to tell....

Anonymous said...

CIRCUIT COURT JUDGE Spencer Eig
CRIMINAL DIVISION


Bachelor of Arts, University of Virginia, 1982
Juris Doctor, University of Georgia, 1985
Circuit Court Judge, 2005
Spencer Eig, P.A., 1999-2005
United States Department of Justice, 1989-1999


***************

CIRCUIT COURT JUDGE Douglas J. Chumbley

JUVENILE DIVISION

Bachelor of Arts cum laude, English, Williams College, 1978
J.D. cum laude, Washington & Lee University, 1982
Admitted to Florida Bar, 1982
Circuit Court Judge, 2006
Private practice:
Kimbrell & Hamann, 1982-1990
Popham Haik Schnobrich & Kaufman, 1990-1997
Carlton Fields, 1997-2006

*************

any onfo on Shurr? All 3 new Judges who did douglas beat out on 2006?

Anonymous said...

Rumpole: from Circle K. Have you ever written law as a clerk published by a Judge? Ever been assigned the first case of its kind ever in the State Attorney's office which you worked in? (i had 2 of those). Ever had your cases published in So.2d? Ever had statutes you drafted adopted by the Fla. Legislature? Ever had a case permanently change the law giving new rights to 18 million Floridians? Does the Sao fear your trial skills? Do they assign a half dozen attorneys whenever you go to trial? I think that is enough, wouldn't want to totally destroy your ability to get an erection so I'll let you retain some semblance of machismo.

Anonymous said...

I've said it before and I'll say it again. Rumpole has too much time on his hands. Get to work.

Rumpole said...

Wow Circle K- you must be some great lawyer. I was wrong before. Now I know who you are- Edward Bennett Williams AND F Lee Bailey. Because the SAO has a special EBW/FLB task force just for your cases. You are good. You are really good. I have nothing like that to brag about. Maybe I should just stop writing the blog right now (or as you would write it: "rite now") because of your special talents. I really cannot compete with that set of accomplishments.

Of course, I don't live in a fantasy world either, so maybe that's the difference. Based on your writing style and inability to spell and use words correctly, I would be shocked- shocked- to read anything you wrote in the Florida 2nd series, other than an opinion by Judges granting some poor ex-client of yours relief for ineffective assistance of counsel.

Anonymous said...

you go rumpole

Anonymous said...

Rumpole: You have so much free time on your hands and take your blog so seriously that you actually think it is important to proofread what one writes contemporaneously as they think, doubles back to capitalize and check spelling and periods etc.when you should be concentrating on the content. You did not respond as usual. By the way there are only a couple dozen attorneys in Miami who have those qualifications and maybe one is one of your DUI blog friends.

Anonymous said...

no, no, no 11:57 a.m.

the pre-printed rights waiver forms go to The E.

Anonymous said...

Good news for CPS Jugde Eig and Judge Chumbley both up for re-election in 08'.

Let me just take a wilde guess, CPS loses appeal what will he do in 08'?

Anonymous said...

The county is charging the E a printing charge for rights waiver forms. He uses them all up. The E is going to raise his fees to $800.05 to cover the cost of printing the forms.

CK said...

Rump the hippo, someone is impersonating me. That was not my comment at 12:41. In fact, I haven't posted at all today except for 12:02. I enjoy your abuse and don't want to share it with anyone. How can I avoid the identity theft?

Also, I rite good mostly!

Anonymous said...

For the record, Pando deserves a lot more then a spanking with a wet noodle and public "bad bad girl". Pando is the worst thing ever to walk on this planet. How the hell was she re-elected. Oh yeah, Cuban!!!!

Anyhow, in Broward it takes about 10 weeks to get an Arthur Hearing. Such BS.

Anonymous said...

Rump,
Are there lots of ASAs who are now arguing that swearing a jury after selection is unfair to the State? I had one argue that and even went so far as saying all Judges in the bulding dont swear juries till opening, so as not to prejudice the State. But, my speedy demand is satisfied w/ jury selection...haha how fair. Anyone else w/ this problem?
D. Sisselman

old guy said...

What?

You think that it is unfair to swear the jury only after the State can proceed? What part of the Constitution says that your client has a right to avoid a resolution on the merits -- and somehow is entitled to a 'gotcha' of having jeopardy attach?

Since 'speedies' is the other 'gotcha' in the law -- perhaps a defense attorney could slow down the process of selection until the final date has passed. Therefore, the Supreme Court says that for purposes of 'speedies', swearing of the larger panel will suffice. Or perhaps you do not like following the laws of the land. I heard that even P.D.'s have to do it.

Almost time to grow up. You have been a lawyer long enough.

Anonymous said...

For the moron who automatically wants to say "Cuban!" as the reason Pando won, perhaps you should check election night stats. More blacks voted for Pando than for most any other candidate, regardless of candidate's race. Cubans didn't come out to vote because of the rain that day. So, Pando is here primarily because of the black vote. Just the facts, ma'm, just the facts.

Anonymous said...

Farina will never allow sitting Judges do Bond Hearings for too long as he knows that will affect them on election day if they should release the wrong person.

Oh No! Here comes Elvis again!

Anonymous said...

Valerie Manno is going to write a book soon as I been told...

"How to buy yourself a Judicial Election while having no friends or personality."

It will shurrly be a Best Seller!

Anonymous said...

There was Jimmy and Tommy...
...and me.

And there was Anthony Stabile.

Frankie Carbone.

And then there was Mo
Black's brother, Fat Andy.
And his guys, Frankie the Wop...
...and Freddy No Nose.

And then there was Pete the Killer,
who was Sally Balls' brother.

Then you had Nickey Eyes...

...and Mikey Franzese.

Jimmy Two-Times, nicknamed
because he said everything twice.

Fake Henry Hill said...

There was Jimbo Best and Tommy...
...and me.

And there was The Q.

And the E.

And then there was Roy
Black's brother, Frankie Gavaria.
And his guys, Mendy the Jew...
...and Freddy No Nose Moldovan.

And then there was Sneaky Pete the Killer Heller,
who was Sally Balls' brother.

Then you had the L&L Twins, Lurvey and Lyons,

...and Robby Biswas.

And Johnny No Slope , nicknamed
because he said every breath was slope not met.

Anonymous said...

pando is no good anyway.. she has no regard for anything that interupts her personal daily crap-to-do-list.

Anonymous said...

Cristina Pereira-Shuminer is going to write an autobiography as I been told...

"How to land a television show as a Judge while having no personality or sense of humor."

This book will be followed by "How to lose a television show in 60 seconds..."