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

Thursday, October 25, 2007

B IS FOR BERTILA

Our apologies to Judge Soto if we spelled the short form of her name wrong yesterday. Is it Bertie as we said, or Berdy, as someone wrote in, or is it spelled some other way?
Our motto is well known: "Sometimes wrong, never in doubt."

WHITHER JAAB?
The famed Broward blog, which brought down a Chief Judge and shook up a courthouse that needed shaking, is itself being shaken by rumours of dissension, strife, and editing of contributors' posts. We're not sure what in the Dale Ross is going on up there on the Blog, but we will be watching.


NACDL FILES JUDICIAL COMPLAINT

In a first for the National Association of Criminal Defense Lawyers, the NACDL has filed a complaint against Texas Court Of Appeals Judge Sharon Keller, who blithely told attorneys for Death Row inmate Michael Richard that "the court closes at 5PM" when Richard's lawyers frantically called the court informing them that a computer problem was preventing them from filing their appeal on time. The Judge closed the courthouse, and the lawyers were unable to perfect their emergency appeal to the US Supreme Court,. Mr. Richard was executed by Texas (motto: "We like to Kill") that evening, amid a barbecue and fireworks party celebrating the State's ability to kill another one of its citizens while simultaneously blocking access to the courthouse.

In Texas, any Judge who is able to block an appeal and have a defendant executed (called "A Texas Two-fer") is automatically eligible for immediate promotion to the Texas Supreme Court.

On Wednesday, the National Association of Criminal Defense Lawyers, with 13,000 members nationwide, said it had just sent a complaint against Judge Keller to the Texas Commission on Judicial Conduct, the first judicial complaint the group had ever filed, said its president, Carmen D. Hernandez, of Washington.

As the
NY TIMES ARTICLE reports, two days later the US Supreme Court issued a stay in an execution case that raised the same issues relating to lethal injection. Executions in the US have, to the bitter disappointment of Judges in Texas, been stayed ever since.


LIONEL TATE'S 30 YEAR SENTENCE UPHELD.

The 4th DCA upheld the 30 year sentence given to Lionel Tate for violating his probation by being arrested in a new robbery case. Lionel Tate previously held the distinction of being the youngest person in Florida (at age 14) sentenced to life in prison.


Is this the best we can do for this kid? Is it the soundest decision to put a teenager in prison until 2036 for an arrest in a case for which he has not been convicted? Let's assume Mr. Tate is guilty. Does any Judge recognize the changes and maturity a person can achieve from age 19 to age 30? How about until age 35? What made Judge Lazarus North of the Border decide that keeping this young man in prison until he is almost 50 is justice? And just what kind of individual will be getting out of prison in 2036? Anyone really think that Mr. Tate will emerge rehabilitated and mature and ready to fit in with society?

No other country in the world treats their children as harshly in the criminal justice system as we do.

And finally, the NFL is remaining mum on rumours that the Dolphin's visa to enter England as members "of a professional football team" for the game this Sunday against the NY Football Giants is on the verge of being rejected by Immigration authorities in London, because .......well you get it......
the Dolphins are having trouble meeting the definition of "a professional football team. "

See You In Court.


55 comments:

Anonymous said...

I bet you EVERYTHING you own, Rump, that kids in Cuba or Iran, or N Korea or China would give anything to be prosecuted in this country. Keep a lid on it.

Rumpole said...

First of all, without now being labled as a supporter of those regimes, who violate human rights in their own right, I am not so sure you are correct. But look what we're reduced to "We're better than North Korea!" Whoopee.

So South Africa, Russia, any former eastern block country, any two bit backwater country that we feel morally superior to, otherwise treats their children better than we do.

Wow- talk about your hollow victories.

Anonymous said...

Should I have said Canada, France, Spain? I would make the same assertion.

You are so quick to criticize this country. Can you name ONE other country that treats juvenile offenders more fairly than we do and give specific examples of how? I don't mean a case where they did, I mean a country that has more procedural protections. Or do you just make those statements because you read them on Moveon.org

That Tate kid is a psychopath and I know as much as you do about him to make that comment.

Anonymous said...

Hey Rump - you may want to take a look at the AIDS infection rates in the prisons in a few of those countries you are touting. Sure maybe they don't execute people, but they throw them in jail to be raped and infected with a terminal disease!

Lionel Tate murdered a young girl by beating her to death. He was given a second chance she never received and then decided (as an adult) to take a gun a rob somebody. You are just plain wrong on this one. Pick another champion or you will just be laughed at.

Broward still, and will always suck...I am with you on that.

Oh Yeah - Lock me up here! said...

"Approximately 41% of the inmates in South Africa's "overburdened" prison system are HIV-positive, according to a study released on Tuesday, Reuters Health reports. The study, conducted by the nongovernmental Institute for Security Studies, showed that since 1995, reported cases of HIV/AIDS in South African prisons have risen by 750%, and the number of natural deaths in prison has risen by about 600% over the same period, according to Reuters Health (Quinn, Reuters Health, 2/18). According to the South African Press Association, about 90% to 95% of the natural deaths were believed to have been AIDS-related..."

Anonymous said...

Watch out for #34 in uniform for the Dolphins against the Bills. Run Ricky Run!!!!

Rumpole said...

Without seeming to applaud the horrible prison conditions in those countries, how many of those inmates are teenagers serving life or 50 year sentences?

Anonymous said...

I absolutely love the fact there is a Judge named Chumbley. It's like a name in a Winnie The Poo story:

"Hi Tigger!"

(bouncing)"Hi Chumbley. Have you seen Pooh?"

"Yes. He's with Piglet and Roo."

"Thanks Chumbley."

Isn't that cute?

Anonymous said...

Rumpola- there is a spinner traffic clerk- she was in 2-11 on Wednesday. She is HOT HOT HOT. With a great smile. Wonderful personality. Bloom Pds- Bloom scmhedees. This spinner is 10+.
I'm smitten.

Anonymous said...

I chuckle thinking of the pall that must have fallen over the court's law clerks. Abby Cynamon, law clerk extrordinaire and perennial judicial wannabee, has a challenger. Worse, so far as known, Mr. Corona breathes and writes his own name, making him more qualified than Ms. Cynamon could ever hope to be.

So why the despondency? Because some doubt the willingness of Ms. Cynamon to actually qualify...and if she doesn't qualify, the law clerks are stuck. Stuck with a bitter law clerk of 15 years whose pathetic attempts at gaining judicial appointment leave her angrier and angrier. And some wonder why they leave?

Anonymous said...

Hey, 5:57:00 p.m., what's a "spinner" clerk?

Anonymous said...

Rump

Sadly the boys in Broward did not follow your steller example on how to grow and cultivate a great blog. They dont even post NFL picks, god love ya moneyman.

I saw on there today and heard that Gelin spoke at the Broward Inns of Court dinner last night and really ripped JAAB and JAAB blog. Also announced he was not writing for them anymore and was moderated by a court reporter named marshall williams.

You should invite him to write on here, Bill is a good man with good views.

Anonymous said...

Hey 6:28

You are a bitch on wheels!

You hate most people you come into contact with, don't you?

Did your daddy fly the coop?

Rumpole said...

7:44- one step ahead of you my good man. Mr. Gelin was invited last night and he has an open invitation to join up as a few others have and write posts every day about North of the Border or whatever else he wants. I echo your praise. He is a very fine lawyer. He has a lot of integrity and courage and we would be lucky to get him to contribute.

Fake Ed Newman said...

Here comes Buckle Bill:

Yahoo Sports:

If Miami Dolphins owner Wayne Huizenga decides to make significant changes this offseason, don't be surprised if Bill Parcells surfaces as a top candidate to help in a resurrection of the 0-7 team.

While such change is purely speculative and premature at this time, a source close to Parcells said it's completely logical.

"It makes a lot of sense that the Dolphins would be a job he'd be very interested in if it came open," a source close to Parcells said Friday. "But only as the GM. I don't think he'll ever coach again."

Huizenga told The Miami Herald last week he is not only unhappy with the state of the team this season, but that he would have the team conduct "internal self-studies" before he made decisions on the future of both general manager Randy Mueller and first-year coach Cam Cameron.

Huizenga expressed his unhappiness again earlier this week at the NFL fall meetings in Philadelphia. However, Huizenga said he hadn't spoken with Parcells since playing golf with the former coach in the spring at Huizenga's private course, The Floridian, in Stuart, Fla.

Anonymous said...

Good job rump.

I think he needs to say what really happened with him getting censored on his own blog.

Fake Marcel Marceau said...

.

Rumpole said...

OK. Now that comment was funny. Well done, and well thought out.

Fake Alschuler said...

From the Urban Dictionary:

spinner:

a female of petite stature,enabling
a wide variety of manipulations.

Rumpole said...

Stupid Redneck said...
Rump,

Isn't political correctness fascism? Back in the robing room a man unbends slightly and alludes to the latent homosexualism we all know is part of american football. Another man chuckles and responds with another innuendo.

With the speed of a shrew, the Harpy pounces and the judge grovels at her feet, abjectly begging her for forgiveness. That the Harpy is a servant of the crown should offend us all. That a government lawyer has the power to destroy a career over such a trivial remark demonstrates the fundamental corruption of that government.

Can you imagine how badly the rest of the charge conference was? How could that judge possibly rule against a jury instruction requested by Miami's bad joke Inspector Javert?

Thursday, October 25, 2007 9:17:00 PM


Rumpole said...
You could write a book on the complications of judges making jokes. Today political correctness trumps all. The pendulum has swung from the time Judges and attorneys referred to african-american men in court as "boy".

As to Judge Levenson's comment- let he who has not joked cast the first stone. While I find anti-homosexual slurs abhorrent, can I say that in the heat of trial I might not mutter some dumb stupid comment? No I cannot. Jews tell jokes about Jews. Italians do the same. Black americans use the N-word at an alarming rate. As a football fan, might I have said "tight end" ? It's possible. In another circumstance can we imagine the term "tightend" used in a manner to facilitate a joke with sexual innuendo? Sure. But just as assuredly, one must agree that the courtroom is the last place such humor belongs. What does it show? That everyone can make a mistake. If Judge Levenson's courtroom was a spawning ground for sexual humor, then a punishment or removal would be merited. But one dumb comment does not a career make (thankgoodness for that.)

Rumpole said...

Yawn, and with those wise words of wisdom, I am off to sleep, with Federal Court awaiting tomorrow- my one civil case is awaiting a large settlement approval.

Anonymous said...

Have you seen this one showing the arrest of the channel 10 reporter? A must see. Watch it all the way through. The end is the best. http://www.local10.com/video/14413746/index.html

Phineas J. Whoopee said...

Hey 5:37:00 PM, are you sure it's chumbley and not chumley? Isn't he Tennessee Tuxedo's sidekick? If so who is mr. Wizard and tooter the turtle? These are the questions that prey on my mind.

Anonymous said...

Captain, who was the defense lawyer who was so ineffective the Third DCA this week found ineffective assistance on direct appeal (quite rare)?
Berdicia v. State

CAPTAIN said...

(reprinted for those who missed it)

THE CAPTAIN REPORTS:

ELECTION UPDATE - BREAKING NEWS...

In Group 50 of the Circuit Court, candidate Abby Cynamon has finally drawn an opponent. Attorney Ricardo Corona filed papers today in that Group.

Corona has been a member of The Florida Bar for 10 years and his background is in real property, probate and trusts.

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

Thursday, October 25, 2007 2:29:00 PM

Anonymous said...

What about BHB and Ruvin?

Anonymous said...

"No other country in the world treats their children as harshly in the criminal justice system as we do"


no other country's children commit the level of serious crimes that ours do. (except for car bombing 14 year old iraqis)

dont tell me the way we treat them in court has made them bad kiddies. heres some gauze for your bleeding heart, rump.

South Florida Lawyers said...

Ricky Carmona is a great lawyer and a good guy.

Anonymous said...

No other country treats it's children as harshly as we do? C'mon Rump. For such a learned guy, you must be living under a rock. There are dozens of countries that treat their kids far worse.

Besides, Tate's a bad example for you to use. He is about as nasty and dangerous as they get.

Anonymous said...

RUMP, you said, "But one dumb comment does not a career make (thankgoodness for that.)"

You forgot to mention the prosecutor exception you apparently support.

Fake JAAB Blog Posts over the last 3 days said...

.

Anonymous said...

ATLANTA (AP) - Georgia's Supreme Court on Friday ordered the release a young man who was imprisoned for having consensual oral sex with another teenager.

The court ruled 4-3 that Genarlow Wilson's 10-year sentence was cruel and unusual punishment.

Wilson was convicted of aggravated child molestation following a 2003 New Year's Eve party at a Douglas County hotel room where he was videotaped having oral sex with a 15-year-old girl.

Wilson was 17 at the time.

Rumpole said...

9:55- I would not ruin that prosecutor's career for her remark. It was wrong and she needs to be admonished because she is tainting the jury system we all rely upon to be fair. People's lives are at stake on the proposition we have fair jurors.

Just the same can be said for the Judge. He must avoid the appearance of impropriety. He was wrong and he has apologized. Indeed he apologized immsdiately and the Chief Judge also issued a statement.

To date, neither the State Attorney in Broward, or the ASA in question has said one damn thing about a very serious lapse in judgment. What do you have to say about them apples?

Anonymous said...

Yeah, Rick Carmona may be a great lawyer, but this is RICK CORONA

wasn't there a song by The Knack in the 70's called RIIIIIICK -CARONA?

Anonymous said...

ZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZ

Rumpole said...

It's not really a Friday until we get a "zzzzzzzzzzzzz" comment.

Anonymous said...

Rumpole or Captain in that News 10 footage of the reporter being arrested who is right?

http://www.local10.com/video/14413746/index.html

old guy said...

Who was right?

The reporter was NOT on school grounds, which was the crime charged. That ole' Second Amendment and his CCF permit gave him the right to walk on the sidewalk all day (while armed). The story was part of his First Amendment right to gather news. Even at MPD, someone should have heard of the Bill of Rights.

This was a simple case of 'contempt of cop' - who should get about 10 days without pay to prevent the next run-in with the media.

Case WILL be dismissed!

Anonymous said...

Here is the Stat:

(1) Any person who:


(a) Does not have legitimate business on the campus or any other authorization, license, or invitation to enter or remain upon school property; or


(b) Is a student currently under suspension or expulsion;


and who enters or remains upon the campus or any other facility owned by any such school commits a trespass upon the grounds of a school facility and is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.


(2) Any person who enters or remains upon the campus or other facility of a school after the principal of such school, or his or her designee, has directed such person to leave such campus or facility or not to enter upon the campus or facility, commits a trespass upon the grounds of a school facility and is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.


(3) The chief administrative officer of a school, or any employee thereof designated by the chief administrative officer to maintain order on such campus or facility, who has probable cause to believe that a person is trespassing upon school grounds in violation of this section may take such person into custody and detain him or her in a reasonable manner for a reasonable length of time pending arrival of a law enforcement officer. Such taking into custody and detention by an authorized person does not render that person criminally or civilly liable for false arrest, false imprisonment, or unlawful detention. If a trespasser is taken into custody, a law enforcement officer shall be called to the scene immediately after the person is taken into custody.


(4) Any law enforcement officer may arrest either on or off the premises and without warrant any person the officer has probable cause for believing has committed the offense of trespass upon the grounds of a school facility. Such arrest shall not render the law enforcement officer criminally or civilly liable for false arrest, false imprisonment, or unlawful detention.


(5) As used in this section, the term "school" means the grounds or any facility of any kindergarten, elementary school, middle school, junior high school, or secondary school, whether public or nonpublic.

Here is the Jury Instruction:

13.5 (a) TRESPASS ON SCHOOL GROUNDS OR FACILITIES



§ 810.097, Fla. Stat.

To prove the crime of Trespass on School Grounds or Facilities, the State must prove the following two elements beyond a reasonable doubt:

Give 1a or 1b as applicable.

1. a. (Defendant) entered or remained on the campus of (school name).

b. (Defendant) entered or remained on (facility name) owned by (school name).

Give 2a or 2b as applicable.

2. a. (Defendant) did not have any legitimate business on the campus or any other authorization, license, or invitation to enter or remain upon school property.

b. (Defendant) was a student under suspension or expulsion at the time he or she entered or remained on the campus or any other facility owned by a school.

Definition.

“School” means the grounds or any facility of any kindergarten, elementary school, middle school, junior high school, or secondary school, whether public or non-public.

Cop looses. He and the other police deserve alot more than 10 day suspension. They should not be cops. No difference than the other officers standing around watching Rodney King get his ass whooped. They have an obligation to enforce the laws AND protect others from violations of the law. That FAT FUCK was clearly violating the law.

Anonymous said...

so the fat fuck got docked 10 days pay already? Did that video take place today?

Rumpole or Captain can ya say a few words on the matter?

Anonymous said...

Thank you Jeff Weinser of Channel 10 for that elucidation of statute and instruction on the law with the editorial comment on the officer's personal appearance and job security. Explain to us again why you were carrying that gun around school age children. Tell me again that the story was about school security and that the children who were in the vicinity of your camera were subject to being filmed by your cameraman. Tell me again how you believe your 1st Amendment right supercedes the children's privacy rights and that the school cops did not have the right to protect them. Tell me again why we should not consider you an arrogant a--h--e.

CAPTAIN said...

THE CAPTAIN REPORTS:

STATE V. WEINSIER

F07-37081

Judge Tunis

State: Magarite Gerson
Defense: Mark Eiglarsh

1. Felony Trespass School/Weapon
2. Poss. F/A School Property
3. CCW/License
4. Resisting Without Violence

Bond Amount: $11,500

Arraignment - 11/13/07

I'll let Rumpole comment on the legality of the arrest and predict who will win and lose.

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

Anonymous said...

Russian prisons?? Are you crazy? God Almighty, Rumpole

Fake Dan Rather said...

Watching the Channel 10 raw footage makes me wish they taped the police more often. The reporter was clearly on the sidewalk (where non-students were walking) and he was only ordered across the street because he was a news reporter.

That said, Jeff Weinsier's statement that "it looks like I'm going to get arrested today" after initially leaving the sidewalk does smack of a breach of his journalistic ethics; he clearly knew he was moving from "reporting" the news to "making" (or "being") the news.

Final score:

Officer Not-So-Friendly of the School Board Police= -5
Jeff Weinser= -1

NO Winners Here!

Rumpole said...

5:39- How many 17 year olds in Russia were sentenced to prison for consensual oral sex. That poor boy in Georgia was just released today as he won in the Georgia Supreme Court 4-3. 1 vote was the difference between him going home and spending another 8 years in prison for oral sex. For consensual oral sex. But he was black and in Georgia and that makes all the difference in the world.

Rumpole said...

And if you think spending 10 years in a Florida Prison fighting off sexual assaults makes our prisons better than Russia's prisons, try it for a week and let me know how good we have it here.

Anonymous said...

Ridiculous. You sight a couple of incidents and malign our entire system. Gimme a break. 99%, our system bends over backwards for defendants (including minorities) and gives them sentences (as part of plea bargains) that are far lower than they deserve. People get away with far more crap here and get punished far less when caught than anywhere in the world. Your comments to the contrary are a joke. Anyone can cite random examples of anything they want. Anecdotes do not a pattern make.

Anonymous said...

I just watched the entire 8:55 of the Weinsier arrest. Every judge, prosecutor, defense lawyer, potential juror should be required to watch it, twice.

What a disgraceful display of police power.

Pitiful.

Anonymous said...

Rump,
Glad you extended the invite to Bill Gellin to post here. The Broward Blog, over the past year, has done much good to the evils North of the Border. If Bill will not write there anymore, I thank you for providing him a forum somewhere. The perils of Broward will not be ceasing anytime soon. Look, just this week, two more Judges causes ripples....

Anonymous said...

Sadly that blog has shot itself in the foot by censoring Bill. Rump you did the right thing going to moderation. They never saw the light even worse they claimed moderation while moderating people who spoke out against them. Sadly the people in JAAB had political agendas where you do not. That blog never uncovered anything the judges made their own mistakes. They threw gas on the flames which my have been needed. On the other side the blog slandered many good people, especially people who were not public figures, that was wrong.

Anonymous said...

Jeff Weinsier did the CORRECT thing in questioning the cop. The cop, initially, had NO BUSINESS, nor right/duty to order Jeff across the street. Had the cop simply explained his rationale for asking Jeff to go across the street, all this hassle could have been avoided. Jeff then confronts the cop while he is on the cross-walk---that's where the arrest took place. Too bad Jeff hired Mark Eiglarsh---who just wants to be the next Ellis Rubin, media whore.
The SAO should No Action the case. Leave Jeff alone; he was in the right.
The cop needs to be demoted, suspended, more than just written up. What a fat fuck and joke of an individual. Imagine all the "children" that he bullies and harasses every day as a School Resource Officer...hmmmm....parents should complain!
Jeff wasnt violating anyone's "privacy" in the school. He was there to do a story regarding "School violence!"

Anonymous said...

2:05, you mean, "too bad he didn't hire me."

So Mark wants to be on TV, what effect does that have on your life?

Anonymous said...

from newer post:

Rump
Pass this on to the reporter who lost their cell phone. Our clients, especially the poor or minorities are arrrested for blocking the sidewalk ALL THE TIME. All thats required in the aform was that the Defendant was blocking the sidewalk by being on it and others had to walk around the sidewalk to use it. As if in this dimention { as opposed to the other 10 if you follow String Theory } anyone using the sidewalk would have to walk around another person, since you cannt walk through a person, even if they are using the sidewalk to walk on. By the laws of physics every person who uses a sidewalk to walk on requires any other person to walk around them But this does stop arrests everyday for Blocking the Sidewalk. Maybe Mr/Ms reporter you understand the blight of poor guys/girls of being harrassed by the cops and charged w/ a B.S. misdomeanor/ordinence violation.
D.Sisselman

Anonymous said...

Cameras should watch cops more often. And yes, this "fat" cop should get suspended - disgraceful. If not for the video, I wonder what the cops testimony would be.

Anonymous said...

No winners on the Channel 10 arrest.
Jeff Weinsier gets an arrest on his record, although it will likely be no actioned. It was so obvious that he wanted to get arrested to sensationalize the story. I wish I could have seen his face when Corrections had him stripped down and told him to spread his cheeks. Like they say Jeff, "you can beat the rap, but you cant beat the ride."

The officer will be reprimanded and suspended for being an idiot and making a stupid arrest. First, he should have known that standing on the sidewalk is not against the law. Second, had he called anyone "with a brain" and asked what he should do. Hey officer, did you know that have an ASA on call 24 hours per day so that you can ask questions about situations like this.

KFR will, of course, catch sh%t from John Rivera and the PBA for no actioning this case, saying how the officer warned Weinsier 50 times before arresting him and that the SAO doesnt back up the police, blah, blah,blah.

Mark Eiglarsh will take all the credit for getting the case no actioned, although a first year medical student could get this one thrown out.