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, October 29, 2007

Ummmmm. Hmmm....

As astounding as it may seem, I believe we have run out of things to say.

Nothing to expound upon.
No witty comments; no alliterative attacks on robed readers.

Even those hyper-caffeinated prosecutors trudging over from their county court offices have managed to stay out of our way in the attorney's parking lot.

But we'll give it a try:

Next week is a traffic "blitz" week.
Just what is a traffic "blitz'?
Can Judge Newman still pick up the blitz as he once did so very well at the Orange Bowl on Sundays for our now 0-8 Miami Dolphins?


The Broward Blog is unofficially kaput. No posts since Blogger Bill Gelin was forced out in a Broward Beer Hall Putsch. Did the Empire Strike Back? Did Judge Ross, banished to the lonely confines of Probate somehow manage to exact revenge on the blogger(s) who brought him down? For that matter, are lawyers still giving closing arguments topless North Of the Border?

The Broward Blog gave us so many wonderful blogging memories these last few months, here's hoping that a new blog springs up. With a courthouse full of such misfits, unusual characters, and people with penchants for putting their foot in their mouth (and we haven't even mentioned any lawyers yet) there is just too much fodder to not blog about it.

Our favorite quote was from the former chief Judge who loudly complained that everything in the blog was a lie, and then said he had never read the blog. And this was to a newspaper reporter who dutifully reported the Chief Judge's seemingly inconsistent statements. We say "seemingly" because lord knows he denied enough of our motions over the years for various reasons without ever having read one of them.

Word comes from the FACDL that after months of intensive negotiations, we can now file motions with the clerk's office at 8:30 AM. Yeah, that's just what we want to do: get up a half hour early so we can go wait on a line that never moves. If we're going to wait on that line, we come prepared: a subway sub, some books, a DVD and DVD player fully charged; a thermos of coffee.

It is against our religion to ever praise the FEDS unless we absolutely cannot help it. However we are forced to admit that the Federal system of on-line filing actually works pretty well. No more rushing to the courthouse to make last minute deadlines, and every motion you file is automatically emailed to all counsel of record, doing away with having to mail copies of your pleadings to everyone.

Sorry we don't have any breaking news. But this is Miami. It just is not possible that one of our dear robed readers will not do something "blog worthy" shortly. They have never let us down before.

See You In Court, where things are kind of boring.

PS: Congratulations to the Red Sox who won more games in a World Series sweep than the Dolphins may win in two years.

42 comments:

CAPTAIN said...

THE CAPTAIN REPORTS:

Six months until filing deadline and still no word from Judge Prescott, Judge JB Cohen and Judge Figarola.

As for the open Circuit seats (those where the incumbent is not running for reelection), we have five contested races, but one race where the candidate is still unopposed.

In Group 18, it's time for everyone to begin their Migna songs. She is the only unopposed candidate for an open Circuit Court seat in Group 18.

So, the only suspense left is:

1. When will Prescott, Cohen and Figarola file?

2. Who will file to run against Migna?

3. Who will be the next incumbent to draw opposition; (Chumbley was the first)?

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

Leave Jeffrey alone NOW said...

Jeff Weinsier joined Local 10 News in September 1994. He is currently an investigative reporter for the Local 10 Problem Solver unit.

Jeff loves using the power of television to help people. His investigative reports have lead to the creation of new state laws in 2003 and 2004.

When Jeff exposed inmates, on work release, driving state vans unsupervised and uninsured, state lawmakers couldn't ignore it. Senate Bill 278 was passed to make sure inmates never get behind the wheel again.

In 2004, Jeff discovered a registered sex offender was about to be appointed to a local parks and recreation board. It's a board that deals with children's issues. Again, state lawmakers passed Senate Bill 1774. Local municipalities must now check the FDLE sex predator website before appointing people to boards that deal with children's issues.

Jeff broke the story about uncounted ballots found hidden in the Broward Supervisor of Elections Office. His coverage of mismanagement in that office led to local and state investigations into Supervisor of Elections Miriam Oliphant. The governor eventually removed Olpihant from office.

His stories have persuaded large companies like Mattress Giant, Auto Nation, Bally Total Fitness and Office Depot to give attention to customers who felt they were scammed or cheated.

In April 2004, Women in Communications named Jeff Communicator of the Year.

Jeff is a graduate of North Miami Beach Senior High School and the University of Florida. His broadcast career began at WCJB-TV, the ABC affiliate in Gainesville. He then moved to the Post-Newsweek sister station, WJXT, in Jacksonville before joining Local 10.

Anonymous said...

Hey Rump,

Is there a rule, official or un, that once you post a new post, you don't or we shouldn't post comments on the previous one? Is it a better practice to just continue "last-post" discussions in the new post? Only asking bc it's obvious we have the time...

f/k/a/ CK

Anonymous said...

Do you really think Prescott, Cohen and Figarola are not running or just have not got around to filing papers?

The Captain wants every judge to file his or her papers ten years in advance or he will speculate that they are not running for relection.

Anonymous said...

GINAGINAGINAGINAGINA?????????????

Anonymous said...

Hey Rump,
Did you hear about the kid who spent $53,000 in one night at a strip club?
His dad is now suing the club.
Hey, how much is a bottle of champagne these days?

Anonymous said...

Captain missed the boat...

http://www.precinctfind.com/pdf_fl_dade/doc_589_20071029102535_Filing_Doc.pdf

Anonymous said...

Does anyone know if the other counties "hosting' Rockette offices are denying them funding like Miami-Dade is doing to Mr. George? And does anyone know what Mr. George's plans are?

Anonymous said...

Yeah, that's major suspense, Captain. WHEN will they file? ohhhh, ahhhhh, lets wonder....

Anonymous said...

Are you f-in kidding me? No one's running against migna? Are you f-in kidding me? Please tell me you're f-in kidding me. F-in A!

Anonymous said...

I am Ricardo Corona and have filed to run in the Group 50 Circuit Court seat. I write to introduce myself and share with you some of my background. I have been practicing law since 1997 and have been to trial in Federal Bankruptcy Court, Family, Civil, Juvenile, Criminal, Administrative Hearings, and have argued several appeals. I have handled cases in Dade, Broward, Palm Beach and other districts throughout the State. Except for a 2 year stint with a law firm (Levey, Airan, Shevin, Roen, Kelso, Corona and Hererra) I have practiced as a sole practitioner.

My law office was located in Overtown for many years and I handled a number of assorted pro-bono cases for residents of the area. In 2006 I was awarded the John Edwards Smith Child Advocacy Award by the Lawyers for Children of America for “excellent advocacy on behalf of abused and neglected children.”

The law was not my first career. I Graduated from UM law school (cum laude 1996) 20 years after earning my Bachelors in Business Administration from FIU. For over 20 years I have been self-employed in a number of businesses including real estate and a small chain of supermarkets that I bought out of bankruptcy and later sold to Sedanos. I opened and ran the only full size/ full-service supermarket in Overtown for 15 years and was awarded the Small Business of the Year honor in 1999 from the Miami-Dade Chamber of Commerce (the black chamber of Miami). Before that I worked in banking for 15 years starting in my senior year of high school.

I am married nearly 30 years and have four children. My oldest, Carolina Corona, is also an attorney (Assistant State Attorney in Dade). I have two sons away in college and our youngest is a senior in high school. My wife owns and runs a wholesale florist/party supply business.

I was born in Cuba and came to this country in 1960 with my family (we are seven brothers and sisters). We lived briefly in Miami then Puerto Rico and moved to New York City where I spent most of my teenage years. We moved back to Miami for my senior year in high school and have lived here ever since.

I am now in a position where I can dedicate myself to public service. I know that the election process will not be easy but I believe that I bring valuable qualities and am committed to do the job right.

Rumpole said...

f/k/a CK- there is no rule, however as a rule people seem to read older posts less and less. You make a comment, I post it - whereever you please. About once a month a get a comment that's about a post that is several months old where someone came across the blog while doing an internet search on a topic. They write the comment, and post it, although I am sure not many read it.

Anonymous said...

Carolina is hot!

thetruth said...

Corona has my vote-very brave man.

Anonymous said...

Ricardo Corona, you had us at hello.

We appreciatee the bio, but on this blog, all you need to say is "I'm running against Abby Cynamon."

Anonymous said...

Would someone please push the Captain off the f.ing boat!

Anonymous said...

opps Captain Liberty..

Still push his ass off boat already!

Rich Ticket Lawyer said...

I'm celebrating!!!!

The Miami Herald reported:

Florida Highway Patrol issued more than 4,000 tickets in Miami-Dade, Broward and across the state during its crackdown last week on aggressive truck and commercial drivers.

However, the majority of the tickets issued -- 3,444 -- were given to drivers of ''other vehicles,'' not commercial drivers, FHP records show.

Operation Safe Ride mainly targeted drivers of commercial motor vehicles along every interstate, Florida's Turnpike, and other major state roads.

Philwatch said...

Rich Ticket Lawyer said...

I'm celebrating!!!!

Phil? Is this you? What happened to you? I am sooooo sorry it has come to this.

Anonymous said...

Rump- breaking news: THE PACK IS BACK.

Anonymous said...

f' THE PACK. THE SOX CLEANED THEIR CLOX!!! 2 SERIES IN 4 YEARS. WHEN'S THE LAST TIME THE yankees won? 1933? Bye Bye A-Rod. Hello Red Sox Dynasty. Maybe if A-Rod wants to win a ring we can throw him a few bucks and let him DH in 08.

MIAMI LOVES MIGNA said...

MIGNA'S BACK????

That can only mean one thing: an election season with plenty of songs and merriment.

Dust off those song books.....MIAMI LOVES MIGNA....
MIGNA LOVES MIAMI

OH SHELLY CAN'T YOU WAIT?

MIAMI LOVES MIGNA
MIGNA LOVES MIAMI
SHE'LL BE ON THE BENCH IN JANUARY 08.

Anonymous said...

Opposition is needed in the Group 18 race for Circuit Court.Yes,Migna is a Dade Public Defender,who left that voffice years ago,went to the Feds and came back to the office of BB because of the easier work load as a training officer in Domestic Violence Division of County Court.
She really is no different than many of the "upper crust"p.d.'s in the office of B.B.
It is time we look at those persons we are electing to a position as important as a member of the judiciary,and we are the ones to blame if the wrong people are elected.See for yourselves if those running are in fact worthy,now and in the future.

Fake Gorbachev said...

Hey Rump -- have you actually made contact with Billy-boy up at JAAB?

Last I heard was that he was kidnapped and sold into white slavery in Thailand by the other head JAABers.

Unfortunately, those guys didn't know you can't just pay lip service to having an unmoderated blog and then delete the posts of people who criticized them or tried to make jokes at their expense. They could dish it out but couldn't take it.

And now (as Bob Norman wrote on his blog today), they've turned Bill into a liar by moderating and censoring the supposedly unmoderated and uncensored Blog.

Bill needs to make a real statement somewhere. The longer he waits, the lower his credibility when he returns (and I hope he does with a more legitimate outlet for discussion).

CAPTAIN said...

THE CAPTAIN REPORTS:

Rump has nothing to talk about ... The Death Penalty took front and center stage today as the ABA released a new report calling for a FREEZE of executions:

Serious problems in state death penalty systems compromise fairness and accuracy in capital punishment cases and justify a nationwide freeze on executions, the American Bar Association says. Problems cited in a report released Sunday by the lawyers' organization include: Spotty collection and preservation of DNA evidence, which has been used to exonerate more than 200 inmates; Misidentification by eyewitnesses; False confessions from defendants; and Persistent racial disparities that make death sentences more likely when victims are white.

CAPTAIN OUT....

Anonymous said...

Migna D in the house.

Anonymous said...

Dear, Mr. Rumpole: (Mr. for the respect deserved).

I ran across the blog today and noticed the Channel 10 incident with link to the video. After watching the video I did a search on youtube for more abusive police conduct towards reporters on video. The most disturbing video is this one:

http://www.youtube.com/watch?v=uv3FFir75fA

Please note the end of the video where the reporter is told by the police that all 5 police car (federally mandated) dash cams were not working.

Mr. Rumpole why no response to the police brutality towards the press? Why no discussion about the Ch 10 arrest.

Thanks,
Dedicated Reader

Anonymous said...

Migna

You were a lazy state PD.

Then, you are the only person ever to be asked to Leave the Federal PD.

And you lost your first judicial bid to a guy who wears pinl robes into court.

You are not qualified and you are NOT A CUBAN.

Anonymous said...

I love how the anti-death penalty camp misuses statistics...........

Anonymous said...

Word North of the Border is that Bill and his moderators may be facing criminal charges for publishing the name or a minor sexual assault victim when they published the transcript of the levenson-reidy exchange last week. Interesting to note that the transcript has vanished off the site. Only a matter of time until the family sues them. No wonder why they are laying low.

Anonymous said...

captain o captain

can u please give a list of open seats for both county and circuit ct

Anonymous said...

Such modesty, Mr. C! Missing from your CV is a whole chapter on Sunshine State Banks...not the "Total" picture. We refer you to the relevant chapter in "The Big Fix: Inside the S&L Scandal : How an Unholy Alliance of Politics and Money Destroyed Americas Banking System" by John Ring Adams. Mr. C was a Bank Director and his father and brother...well it's still available on Amazon...Are you bloggers really so uninformed? If so, it really may be possible to reinvent yourself on this blog!

Rumpole said...

Please note that in response to 12:19's comment, I have absolutely no idea if that is true or not. One would tend to believe that the crime (if it is a crime) requires a mens rea that that was not present under the circumstances of why that transcript was published.

There is a certain amount of comfort in being so computer illiterate that I am unable to post a link to a transcript, so I could never run afoul of that prohibition.

Anonymous said...

Dont worry about posting a link to the transcript because they took it down. That certainly implies mens rea.

Rumpole said...

I disagree. The mens rea would be for posting the transcript. Upon realizing it was a possible criminal violation, the subsequent efforts to comply with the law do not show a guilty mind, in this bloggers humble opinion.

Fake Mens Rea Prof said...

Rump -

I disagree with your analysis of the mens rea for this supposed offense.

The JAABers are deemed to have knowlege of the laws regarding the confidentiality of identifying information regarding the alleged victim of a sexual offense (and a minor, to boot).

They are certainly aware that the 4 page transcript has identifying information regarding the alleged victim in it.

How could intentionally posting that transcript with knowledge that it contains identifying information regarding the alleged minor victim of a sexual offense not be deemed to meet any mens rea standard under the law.

JAABers Going to Jail?? said...

FROM BOB NORMAN's NEW TIMES BLOG:

Prosecutor To Blog: Take Down That Transcript
Tue Oct 30, 2007 at 04:08:00 PM
We've now gotten two comments regarding an alleged State Attorney's Office investigation into JAABlog regarding the posting of the Levenson-Reidy transcript in which, apparently, the name of the 16-year-old sex crime victim appeared.

In Florida, it's a second-degree misdemeanor to publish the name of the victim of a sex offense (I include the text of the law below). So rumors are swirling about criminal charges and lawsuits.

To get to the bottom of it, I called Bill Gelin, JAABlog's former impresario. He said that prosecutor Chuck Morton called him yesterday and told him about the statute and asked him to take down the transcript. He also said that Morton indicated that the SAO wasn't going in the direction of filing any charges.

Because Gelin no longer has a password or any way to access JAABlog, he phoned fellow JAAB founder Craig Esquenazi, who immediately took the transcript down from the blog.

I would be stunned if the SAO took the extreme action of filing charges in this thing. It was a mistake and clearly wasn't done with any intent to harm. Further, it was tucked into an official court transcript that should have been redacted by the agency that leaked it (hmmm, I wonder what agency leaked it). And on top of that, the 16-year-old involved engaged in consensual sex and is a star high school football player, making it a bit less egregious if you ask me. If you want to see what I think of the possibility of a civil lawsuit, read my comment here (scroll down).

Also, an alert: I just found the transcript linked on another blog. It goes to the original JAABlog document, which is still readable. JAABlog -- don't just delete the link, delete the document as well, if you know what I mean.

As for my earlier question, "Is JAABlog Dead?", I believe the answer is a resounding "yes," at least the JAABlog that we know. I'm anxiously awaiting Gelin's next move and will report on it as soon as possible.

Oh, here's that law:

794.03 Unlawful to publish or broadcast information identifying sexual offense victim.--No person shall print, publish, or broadcast, or cause or allow to be printed, published, or broadcast, in any instrument of mass communication the name, address, or other identifying fact or information of the victim of any sexual offense within this chapter. Such identifying information is confidential and exempt from the provisions of s. 119.07(1). An offense under this section shall constitute a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

Rumpole said...

Rumpole for the defense:

May it please the court: In brief summary, the suspected offending bloggers did indeed publish a transcript that was technically in violation of the law. But what were the circumstances? When we judge, do we do so blindly, or do we look at all the facts, so we may make a well informed decision?

The circumstances here were the offensive conduct of a wearer of the robes. A joke most foul was uttered at the expense of the accused. The joke cracked across the otherwise silent courtroom like a bolt of thunder, uttered by a Judge who knew better, and immediately admitted so.

So the intent of the post at trial here was to shed light on the conduct of the accused jurist. What did the judge say, and when did the judge say it? That was what my client was trying to do, and the mere fact that the individual in question in the offending transcript happened to be a minor was inconsequential to the issue at hand: the comments of the Judge.

So in summary: was my client's intent to bring scorn and ridicule upon a mere child? Or to heap scorn and ridicule upon that most foul and offensive of our modern day society- Judges with "foot in mouth disease"? Should you decided the intent was the latter, then a verdict of not guilty is most assuredly required.

Fake Ghost of Johnny Cochrane said...

Hey Rump -- so basically you are saying...."If the BLOG got no hits, you must acquit"??????

The offense (violation of 794.03, Fla. Stat.) is NOT a specific intent crime.

They knew the transcript had the alleged MINOR SEX VICTIM's name. They knowingly posted it.

Let's see if Satz's mentality about prosecuting every little thing goes so far as to prosecute these guys for recklessly publishing and outing a 16 year old kid.

Mazel Tov JAAB. I wonder if the Bar will be coming a knocking anytime soon.

Anonymous said...

United States v.
Corona, 804 F.2d 1568, 1569 (11th Cir. 1986), cert. denied, 481 U.S.
1017 (1987). The RICO counts alleged 11 predicate racketeering
offenses: (a) the three 1977-1978 Travel Act offenses that related to
the wiring of laundered funds from Samos to petitioner to buy the
Sunshine State Bank (Racketeering Acts #20-#22); (b) the three 1978
mail fraud offenses that also related to the purchase of the Sunshine
State Bank (Racketeering Acts #34-#36); /1/ (c) the 1981 Travel Act
offense relating to petitioner's trip to New Orleans to help Fernandez
make bail, which was also charged as Count VI (Racketeering Act #17);
/2/ (d) the three 1981 mail fraud offenses relating to Fernandez's
sale of his shares in the Sunshine State Bank and the transfer of
money from petitioner to Fernandez while he was a fugitive, which were
also charged as Counts III-V (Racketeering Acts #37-#39); /3/ and (e)
the 1981 Travel Act offense relating to petitioner's transfer of
$50,000 to Fernandez while he was a fugitive, which was also charged
as Count VII (Racketeering Act #18).
Petitioner went to trial and was convicted on all seven counts.

http://www.usdoj.gov/osg/briefs/1989/sg890211.txt

Prince of Darkness said...

Sadly,

Its not a specific intent crime. Intent is not an issue. They very easily could have redacted the boy's name. I am sure a responsible blogmaster such as yourself would have done so. I am sure if you were this child or his parents you would not be so forgiving as Bill. The real meida outlets had this transcript they didnt see the need to print the child's name.

Anonymous said...

Mr. Corona must think that everyone has forgotten whom he is and what he was. The Sunshine State Bank Scandal was a major news story in which Mr. Ricardo Corona was vice president of at the time the feds took the whole family away in handcuffs. He was completely aware of every illegal transaction and money laundering move that the bank made. Corona, if you have any decency left, which I doubt, you would back out of the race before you embarrass yourself and your family any further.