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, September 17, 2007

THE NECESSITY DEFENSE STRIKES AGAIN

As Monday begins, a family prepares to bury a Husband and Father, taken from them at age 37 by a killer with a semi automatic rifle. Here are the two ways you can donate to Officer Somohano's family.

The PBA LOVE FUND is a fund that has been set up to help the families of slain officers. The Love Fund depends on PBA special events and outside contributions for its success. It is a federally recognized charitable organization[501(c)(3)] and contributions to it are fully tax deductible.


Please make your check or money order payable to the
"Dade County PBA Love Fund"
and mail to:Dade County PBA1
10680 PBA Memorial Blvd.(NW 25th St.)
Miami, FL 33172


Or go to this link to DONATE

11TH CIRCUIT HISTORICAL SOCIETY EVENT THIS THURSDAY

This Thursday at 6:00 PM., at the Historical Museum at 101 West Flagler Street, the 11th Circuit Historical Society will have a Book signing and remarks by author Blaise Pichi who has written
The Five Weeks Of Giuseppe Zangara, The Man who tried to Kill FDR.

For young prosecutors and PDs, this is a great organization and a wonderful way to meet lawyers and Judges who have been around awhile and can steer you in the right direction. Miami has a rich legal history and Judge Scott Silverman has done a fantastic job getting this organization off the ground. New lawyers might be surprised to find out that the Miami legal community has had involvement in significant historical events like Watergate, the trial of serial killer Ted Bundy, not to mention the assassination attempt on Roosevelt. We are sure Judge Silverman and his crew have a whole host of stories and events lined up in the months and years ahead.

SUICIDE POOL

The Cincinnati Bungals marched into Cleveland yesterday fresh off their win over the Ravens in week one. Cleveland, in apparent disarray after being pounded in week one by the Steelers so bad, that after one and half quarters their starting quarterback for the season was benched and then traded. So what happens? After our fabulous Femme Fatale of Football, TOOTS, and Dan Lurvey pick the Bengals for a quick and easy win this week, the Browns throw up 51 points and hang on for a 51-45 win, as the shocking upset of the week. The never say die Brownies knocked Toots and Dan Lurvey out of the suicide pool. Markus, Clay Kaiser, and Miguel De La O, are breathing easier as the Jaguars eek out a 13-7 victory over the low flying Falcons. The Falcons were one late TD from turning this suicide pool into a two man event. Yours truly and 52nd Street Irwin cruised as the Steelers pounded the Bills. Toots and Lurvey join Rick Freedman on the sidelines, as 5 remain in the suicide pool.


A CLIENT AFTER OUR OWN HEART.

And finally comes this STORY
of the hapless man who stole a car to drive to court to turn himself in on an outstanding warrant. Under the theory of if it can happen, it will, our enterprising hero was arrested driving the stolen vehicle before he got to court. Gotta love his moxie.

See You In Court, where we may just try the “necessity defense” the next time we tee it up in a Grand Theft Auto case.

42 comments:

CAPTAIN said...

THE CAPTAIN REPORTS:

Rumor has it that Shumie is pissed over the latest turn of events in Veredicto Final.

Seems that, when Cristina first spoke to him about the show, she assured him that she would be know as Judge Pereyra Shuminer.

Imagine Shumie's eyes today, at 2:00 PM, when he tuned into Univision and watched his beautiful wife bang her gavel.

Cristina was heard letting out her own imitation of Gomer Pyle's, "Surprise, Surprise" as below the gavel were the words:

"Jueza Cristina Pereyra"

If you thought you saw it all at Cristie's, when Shumie was tossed for throwing the salad, you should have been there today, to see the fit he threw.

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

Anonymous said...

ooooooooooohhh- that's gotta hurt.

Anonymous said...

I don't know if he's going to take the case, but the Q would do a much better job than Yale Galanter. Actually my terrier would do a better job than Yale Galanter. The slugs in my garden would do a better job than Yale Galenter. Get the picture?

JUICE- CALL THE Q!!!!!

Anonymous said...

3:38

While Yale Galanter is out in Vegas, getting paid on a case, you, on the other hand, are jealously whining in front of your computer, because you have nothing better to do.

Seems like your slugs have more work than you.

Shumie said...

Dear Captain :

You are either seriously misinformed or are making light at my expense. No surprise here as I was at the first taping of the show which was held in July. The set was already completed by then including the sign on the bench. I knew months ago Cris was going to use her maiden name as many people out in TV land would have difficulty with my surname. Your version is much funnier though. As to the events at Christy's I shall remain mum.

AJS

P.S.: My wife, our children, and I thank you for watching Veredicto Final @ 2:00PM daily on WAMI Telefutura.

Anonymous said...

To 3:38: Didn't Yale Galanter walk OJ on some other felony shit from a couple yrs ago? Why knock the guy?

Stop being a fucking bitch!

captain sucks said...

Rumpole, is there any way to keep the Captain from dominating the blog by posting every 3rd post? When he sticks to courtroom news, fine. The Reno CD--cmon! who possibly cares about that?

Real Fake Blecher said...

There goes Shumie being nice, calm, reasonable, in control. DAMN!!! No fun here nowadays.

Rumpole said...

The Captain has Carte Blanche. (Or however you spell it)

And I am very pleased with his efforts.

Anonymous said...

Captain-

So you were the one that was watching!!

Anonymous said...

"Carte blanche" is correct but "eek " is incorrect--should be "eke".

CK

ps: Shumie could give a giant crap about what name Cris uses on TV as long as the dough is rolling in!

Anonymous said...

Is it true that Seraphin let one of the Labeet gang out on a 5000 bond? IS he a moron? That, after releasing the guy that threatened Judge Miranda on an ROR? What's wrong with this guy?

CAPTAIN said...

THE CAPTAIN REPORTS:

BREAKING NEWS - ELECTION UPDATE

In Circuit Court Group 11, the seat held by Judge Eugene Fierro, we all know that Josie Perez Velis has been the only candiate to file for that seat.

Not anymore.

Assistant State Attorney Jorge E. Cueto has now filed for the Group 11 seat.

Mr. Cueto is a veteran ASA working in the Public Corruption Unit and
also a former Miami-Dade Police Officer.

He recently was appointed to the
CITT, Citizens Independent Transportation Trust,
by Commissioners Joe A. Martinez, Javier Souto, and Commissioner Rebecca Sosa.

He is not new to civic involvement having served as a member
of the Board of Directors of the
Advocate Program.

The CITT deals with the management of traffic both daily and during times of disaster.

Jorge E. Cueto should NOT be confused with Jorge Luis Cueto, disbarred from the practice of law by The Florida Bar.

Good luck to Jorge E. Cueto.

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

Anonymous said...

Why is it that when one our institutions has some measure of success, we piss on its good name? Why allow this bullshit Rumpole? Yale is won of the best darn schools in the country!!

Alan Shuminer Defense Fund said...

As self appointed chairman of the Alan Shuminer Defense Fund, I can tell you that I have been out to eat with Alan many times with nary an incident. Indeed, no one may have worse luck with food and service. If we are at a table of 3 or 30, his order will invariably be last, or wrong, or not brought at all, and he is always the gentleman. I would never believe he would maliciously toss a salad, throw mashed potatoes or pour wine on anyone, especially at Christys.

As to the last name controversy, it would be pretty illogical for a show on hispanic TV to have a Judge with a hyphenated last name, especially with a Jewish last name of Shuminer. I am sure Alan was not upset at all.

And I would like to take this opportunity to congratulate Alan. He has used his new found freedom to form a new pest removal business. Why just last week, a distingushed Judge came home to find a Hawk in her laundry room. Alan was called and immediately came over and escorted the offending bird of prey off the premises. (The following story is 100% true, OK- except for forming the Pest removal business. You can ask him about it. And I am sure you will find out there is more truth to that than him throwing food in a restaurant. I don't believe that for a second.)
If you really want to see him get angry though, just ask him why his secretary erased every file on his computer at work, while on vacation on a cruise ship through remote access. I haven't stopped laughing about that.

Phil R

Anonymous said...

Cop gets killed, everyone acts sad, try to raise money for his family even though anyone who deals with them on a regular basis knows that most cops are sadists and love to assert power over people. I don't see any effort to help other violent crime victims by this blog and the efforts to raise money and stand up for cops lends further credence to the fact that rumpole is a criminal defense attorney, former asa, who still likes law enforcement and wants to be their friend which makes someone like lurvery the likely rumpole.

Anonymous said...

What is really funny is that Cristina, much like the way she handled things when she was a REAL judge, takes twice as long as the other TV judges to the same job. Some things never change.

Anonymous said...

Jorge Cueto is a great guy. He is one ASA I would like to see become a judge. In cases that I have had with him as the ASA, he was fair and really cared about doing the right thing. I will support him in the election.

Rumpole said...

6:40 am- trying sleeping in once in awhile. Look atthe top left hand corner of the blog: (here it is)

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 AND LAWYERS WHO LABOR IN THE WORLD OF MIAMI'S CRIMINAL JUSTICE. POST YOUR THOUGHTS OR COMMENTS, OR SEND RUMPOLE A PRIVATE EMAIL AT HOWARDROARK21@GMAIL.COM

There is nothing in there that says this blog is dedicated to helping crime victims, or anyone for that matter. All people have the right to live their life free from intereference from others, and especially free from criminal acts. While I sympathize with any victim, and while I would be happy to use the blog to further the cause of assisting a victim in a particularly difficult case, I don't think it is fair or proper to critisize this blog because I don't spend every day raising money for people in need. I don't spend the day raising money for AIDS victims or cancer victims. That is not my job.

Veredicto Tantrum said...

to fake jose marti:

in her promo video our former circuit judge touts her mexican upbringing and her love of guacamole (even though shes really cuban, born in tampa i think, she did live and study in mejico).

the funniest thing...she doesnt refer to her husband alan shuminer by name and they made her drop her married name for the show. producers thought theres no "sh" sound in spanish and shuminer sounds to "jewish".

FREE SHUMIE!!! said...

where do i sign up to join the So-Sue-Me-Shumie Defense Fund.

he has been mistreated, misquoted and misanthroped for too long on this blog, and i for one will not stand for it.

did we buckle under when the germans bombed pearl harbor? NO!
nor, will we stand for this, sirs!

its salacious, lascivious and scandalous.

FREE SHUMIE!!!!

Anonymous said...

There are many of us who have taken up criminal defense to defend the rights which we perceive are the essence of a free society, not necessarily to defend the action of those charged, albeit a component of our profession. Although we are often frustrated by those who transform petty offenses into capital crimes, through exaggeration, poetic prose, pyramiding inferences, or arguing theoretical circumstantial evidence, we do not justify our clients’ misdeeds, specially violent acts, we assail the merits of the case. You will not find a single member of the defense bar who endorses or advances any justification for senseless violence or disregard for lawful authority. Truth is that most of us have cordial relations with law enforcement, often rating their integrity or propensity to “exaggerate” or “to be stand up” about the facts of a case. Vice versa, many in law enforcement maintain cordiality with us, although it’s a cop thing to exhibit verbal disdain of lawyers, cal it political correctness or, better said, “professional correctness.” Likewise, I suppose it is a lawyer thing to verbalize disdain for cops. At the end of the day, we all work in the same arena and the true professionals are often seen socializing, go figure!

So much for the rambling, to my colleague (9/18 @ 6:40 a.m.) the message is simple, humanity, respect for human life, and the emotional and financial needs of those who suffered the lost of a love one should no be trivialized. As a community, we all share a sense of lost when those we entrust to protect our safety falls victim to a senseless act. You do not have to be a former ASA or even a former cop or agent to appreciate the act of community. So, please, do not demean our profession or “family” by sarcastic criticism indicative of an absence of humanity and compassion.

AJS PEST REMOVAL SERVICES said...

(from an on-line ad)

GATOR IN YOUR POOL?
COUGAR IN THE CLOSET?
HOUSE NOT FEELING SO ROOMY?
WHAT ARE YOU GONNA DO?

CALL SHUMIE!!!!!!!!!!!!

Anonymous said...

12:39PM-- Very well said and appreciated.
6:40AM -- You're a jerk.

Anonymous said...

How many people from Miami-Dade have lost their lives in Afghanistan and Iraq. Why do we venerate some yet ignore others who have suffered and given nothing less?

Searching the blog can be troublesome, but I find no mention of Pfc Alfred H. Jairala. Killed by an IED July 31, 2007, his death apparently passed un-noticed by this blog. When I see the pageantry surrounding Officer Somohano, I wonder how we, (including myself), manage to ignore the 182 Floridans who have fallen in Iraq.

http://projects.washingtonpost.com/fallen/states/fl/

Anonymous said...

Rump, please censor all future Shumie comments.

Anonymous said...

I don't get this Shummie obsession. It is rather odd, annoying and not funny at all.

Anonymous said...

Captain, Jorge Cueto is not a "veteran" ASA. He's been there for all of about three years and hasn't distinguished himself in any capacity.

Anonymous said...

does anyone believe that galanter will finally get a fee from the juice? or is this another free one for the pub. i think the later.

Anonymous said...

Leave Shumie alone. I have but one criticism of Shumie- that ridiculous car he has. Yes, it is a fancy Ford 500 and yes, it is a head turner. But c'mon. Imagine the disappointment as all people around the REG building see this hot, flashy sports car.

They must be thinking, "Who can it be with that ride? Dwyane Wade? Jason Taylor? Associate Judge Stan Blake? Ricky Martin? 50 Cent? Then Shumie gets out of the car to head to a sounding in front of Judge Lindsey.

C'mon Shumie- get a Porsche 911 like all the rest of us going through a mid-life crisis. You are making us look bad.

Anonymous said...

Captain DOuchebag

CAPTAIN said...

THE CAPTAIN REPORTS:

From the "We really, really need more attorneys in Florida department":

Today, the Florida Board Of Bar Examiners announced that of the 3,216 applicants that took the July bar, 1,593 passed.

That makes 1,593 new attorneys in Florida that need a JOB. Maybe THEY can staff the new Regional Counsel offices.

CAPTAIN OUT........

Anonymous said...

Fewer than 50% passed?

Did they make it harder? If so, can we have all of the judges re-take it?

Anonymous said...

Cueto will be an excellent judge.

Anonymous said...

RE: Having judges re-take the bar...

Can Adrien be first? Just to make it fair, they could create a special version of the exam where the questions are only numbered 1 through 9, then start over again, so he doesn't get flustered by the two- or, heaven forbid, three-digit numbers...

Anonymous said...

To 8:53:00 PM

I bet that OVER 50% of the lawyers that appear in my division wouldn't pass the bar again if they had to.

Anonimous Judicious

Anonymous said...

Re Jorge E. Cueto.
It is true that Jorge Cueto has not been a lifer at the Fernandez-Rundle factory. He has had a long an honorable career as a police officer and then was in private practice before joining the SAO.
I have had the pleasure of working against Jorge in the courts of J. Freeman and J. Butchko. Without fault, he was an absolute gentleman and an effective prosecutor. He was honest, hard working, prepared, knowledgable,and he returned my phone calls!
Most importantly he was fair. He could sensibly evaluate the facts and the law of our cases. And he was willing to apply the human (or humane) factor to cases where real equities existed.
In a judicial circuit which is becoming dominated by hacks who manipulate the voting patterns of this balkanized city, I am happy to see a quality candidate step up and endure the abuse that is the electoral process in Miami.
We, lawyers and taxpayers, would be fortunate to have a judge such as Jorge.

Lucian E. Ferster

Anonymous said...

Luke

You are a communist hack and a two faced jerk. Keep up the hard work sniffiing Bennett Brummer's balls.

Anonymous said...

Lucian E. Ferster is a hack!

"In a judicial circuit which is becoming dominated by hacks who manipulate the voting patterns of this balkanized city" that is fucking hilarious, man

batman said...

As usual Judge Peter "I don't know my a-- from a hole in ground" Adrien chimes in using a thinly disguised pseudonym (8:15 - Anonimous (sic) Judicious). It still boggles the mind how such stupidity survives let alone it sits on the bench. Only 837 more days until AG (Adrien Gone) Day.

See you in the dark alleys of the city spray painting: "Adrien don't buy a house".

Anonymous said...

WHAT IS UP WITH THE NO BOND STATUS FOR A COUPLE OF FAMILY MEMBERS GIVING THERE LOVED ONE A RIDE? THIS WAS A BAD RULING, NO DOUBT.

Anonymous said...

Dad poisoned the minds of his children with his irresponsible television viewing choices.
Among other things.
Dad is liked, so expect the intent was not there. However, I suspect the same cannot be said for his wife.
Case in point:::Neighbor's driveway sidewalk chalk art consisted of a girl's name, a smiley face, other innocent, child-like offerings.
In our driveway our kids drew body outlines, like those one would find at a murder scene.
And all his son spoke of was guns, hunting and killing.
The father's irresponsibility was manifested in the monsterous things the son said when he was younger. Just ask his former teachers.
Her family's extreme evil is manifested in the son who is attracted to wicked imagry at his young age.
Satanists start by hurting small animals. I wonder if this ultimately is his path?
A satanist and a sodomist.
Accept loss.