Fudge needs some help for the next six months.
The Broward Blog continues its criticism of Judge Marina Garcia-Wood's actions in sentencing a paralyzed and wheel chair bound woman to six months in prison for contempt of court, with a request on their website that readers send donations to take care of Fudge- the defendant's dog trained to assist her- to the chambers of Judge Garcia-Wood.
Now, when there is an ego inflated, dim witted, wouldn't know justice if it bit him/her on the butt judge doing something stupid, we are first in line to expose the lunacy. And while there may be another side to this story, we have no problem publicising it to force the Judge's actions to be examined in the cold light of day.
However, we must disagree with our brethren bloggers for a few reasons:
1) If the Dog needs assistance, a reputable charity should be involved.
2) There are plenty of abused and homeless animals that need assistance, and readers efforts would be better spent on donating to their local animal shelter.
3) There are better ways to protest the Judge's actions: you can send a card bought at an animal shelter to the Judge's chambers if you really believe she doesn't care about animals. This would benefit the shelter and show the Judge the scope of public opinion (which really shouldn't matter to her, but that's another story.)
4) But to flood her chambers with dog biscuits and food serves no purpose other than to harass her and her staff beyond the bounds of what we deem effective protests. Essentially, Broward Blog readers would be forfeiting the upper hand of reasonableness in this debate, and that is a valuable thing that should not be given up lightly.
"Be the change you want to see in the world.”
Mahatma Gandhi
45 comments:
FOrge3t about this whole dog/disability thing - 6 months in jail for not showing up to court? The arrogance is deafening.
There's two sides to every story, Rump, and you should have held off on the outrage until you heard the other side. You are better than this. Shame on you.
Good article Rump.
This is an extremely unfortunate situation and the incarcerated woman is extremely sympathetic, but in the end, the judge did nothing wrong.
Here are the facts as appear to be at this point:
1. The respondent was served with a petition against repeat violence by a neighbor who accused her of going after him with a knife.
2. The respondent did not obtain counsel or otherwise contest the issuance of the order against repeat violence.
3. Both the petition and the Order against repeat violence were served on the respondent. She di dnot hire counsel or otherwise try to contest the order after it was issued.
4. The petitioner came before the court claiming that the respondent was violating the order against repeat violence. A rule to show cause as to why the respondent should not be held in CIVIL CONTEMPT was issued, directing the respondent to appear in court in December.
5. The rule to show cause was lawfully served on the respondent. She did not hire counsel or file any papers, nor did she appear for her hearing.
6. As a lawfully issued order against repeat violence existed and the respondent failed to appear to show cause why she was not violating the order, the judge sentenced the respondent, who again WAS ACCUSED OF GOING AFTER A DISABLED NEIGHBOR WITH A KNIFE, to 180 days in Broward County Jail with a purge condition (as required for civil contempt) that she could be released early upon completion of a anger management/domestic violence type course.
A few weeks ago, a Broward Circuit Judge failed to issue a TRO against domestic violence against a husband who was accused of threatening violence against his extranged wife. The judge found the petition legally deficient and did not issue the Order. Shortly thereafter, the respondent allegedly killed the petitioner.
That judge was crucified by the Broward Blog and the Press for NOT ISSUING THE TRO.
In this case, had the judge not entered a contempt order and the respondent (sympathetic as she may be) killed the petitioner, the Broward Blog and the press would be crucifying the judge for NOT SENTENCING THE RESPONDENT TO JAIL.
The facts remain that this judge had no idea that the respondent was disabled as she failed to appear previously, write to the court, hire a lawyer to represent her, or take any actions that would put the court on notice as to her situation.
If there was ANY REASON to think this judge knew the respondent was paralyzed, I would probably jump on the bandwagon critcizing the sentence.
But putting yourself in the court's position, was what she did improper or an abuse of her discretion?
I don't believe so.
I won't be surprised if the respondent is quickly released now that the court is aware of her circumstances, or if the 4th issues an order directing further proceedings in this case.
And the Broward blog has sunk to a new low (didn't think that was possibly) with their dog food drive. What a bunch of press-whores. They are taking advantage of this unfortunate situation and this disabled woman by plastering her photo on their site, putting up pictures of animals and asking people to send dog food to the judge's chambers, not as a real attempt at charity, but rather to merely embarass a judge.
They should be ashamed of themselves, but I don't think they understand how disturbed their conduct on a regular basis really is.
FFF, Esq.
what is the address we can send donations to?
This is what the Black community thinks of the Walker matter:
http://www.bloggingblackmiami.com/2007/12/fired-prosecuto.html#comments
"There is a lot of disparate treatment going on at the Miami-Dade State Attorneys. KFR could care less. The thing is at that office, being that most everyone is an attorney save the support staff, no one would be foolish enough to engage in discriminatory treatment for the sake of discriminatory treatment. So a lot of what goes on, is based on pretextual reasons. The mistakes made by African-American attorneys which are equally made by their white counterparts, are severely punished whereas the office looks the other way for their "chosen ones".
Things are already delicate as is, because most of the attorneys are white and non-white attorneys are in a small minority, whereas by contrast, the numbers of non-white support staff are high. As to the support staff however, the non-whites occupy the bottom levels of the positions as the whites move up the ranks quicker.
It is doubtful KFR will ever care."
Give today.
Ok I read all the documents on the Repeat Violence case and (1.) even if she did all that the man says she did - Florida case law is clear that the petition should have been denied on its face because you must have at least two incidents of Repeat violence in order for the case to proceed. If on the face of the petition there exist only one claim the petition must be denied PERIOD.
Just look at the Judge Hernandez case with He Who Shall Not Be Named and the Big O - one claim was not enough and the petition was denied. Hence Mr. Nutso appealed for court cost and lord we know what happened next.
On point the whole repeat violence law is a joke and is designed to allow anyone the opportunity to ruin a career. The Emilio Estevan case is a clear example. In that case even though the petition was denied on its face because it cited one claim of repeat violence Mr. Estevan was still ordered to a final hearing and world wide press that can now be found by a simple google search.
Who would think that a wheelchair victim would be the next victim of this crazy repeat violence law.
6 months for missing a court date is ridiculous, regardless of what the judge knew or didn't know. It's frightening and horrifying to think that, were this person not in a wheelchair, she might serve 6 months behind bars without turning a head. I don't know how much longer I can take this state.
In response to 3:40, while the Miami-Dade SAO has many weaknesses, diversity is not one of them. The attorneys there are by and large a diverse group in terms of race, gender, religion, ethnic background, sexual orientation, etc.
Further, this non-discriminatory policy extends to attorney treatment. 90% of all attorneys there are treated like shit.
I once saw Judge David MIller take a man into custody for a week for making noise and laughing with his friend leaving the courtroom. He lost custody of his kid to DCF because he had noone else to care for the kid. You do not have to go to Broward to find ASSHOLES.
1) I agree the SAO is color blind and treats all its attorneys poorly.
2) Any idiot who is a judge who wants the nickname "maximum" is on our list of judges to out and ridicule. Shouldn't we try and get judges who want the nickname "fair"?
3) We went 3-1 in playoff picks this weekend. Not bad. Including our lock of the week- Seattle over Redskins.
I think that whoever wrote the post reprinted at 3:40, is right on the nose.
Unfortunately because there are no published statistics on such treatment, someone looking at things from the outside, is going to naturally want to believe that this state's largest SAO, decades after the civil rights movement, doesn't engage in singling out based on reasons having to do with race.
But if you were to look at who has been quietly dismissed or quietly asked to leave over the last few years, you'd find it that in disproportionate numbers, more people of color get the shaft than not.
If you were to look at who gets moved up in felonies among the ranks, C, B, A, DC, etc. you'd also find that promotions are slower as well for the minority group.
And that kind of impact, is at least a de facto one, if nothing else, but of course, its easy to say, "You're just reading too hard into things, you don't know what they're thinking."
To say that the SAO is an equal opportunity piece of shit to everyone is very easy to say, because for the most part, yes, they do treat most everyone poorly. But that would be a copout that makes everyone feel easy like, "No they may be terrible, but they're not THAT terrible, we're past that kind of ignorance."
But I tend to think the reason why blacks get the short end more, is because of a prejudiced way of thinking, that people of color just aren't as smart. That on an unspoken level, blacks are treated as inferiors in that office.
Think about it 8:27. If there are supposed to be ... what... 20 felony DC's and the group is diverse, with the departure of Walker, there is likely only 1 black DC in that office now. Not to say that other DC's in that office aren't female or Hispanic, reflecting other kinds of diversity, but just 1 black division chief?
And what of other specialty units? Any black chiefs there?
I think there may be 1.
As for Walker, he's a piece of shit and got what he deserved though, thoughts about disparate treatment aside.
KFR can be criticized for a lot of things, but accusing her of discrimination is ridiculous. Last I checked, Don Horn, the Chief Assistant person in charge of hiring and firing is African American.
Lets stop this nonsense right now:
Jerald Bagley; Orlando Prescott; Don Horn; - Three top prosecutors who happen to be afro-american- two became Judges, one left for civil practice and returned to be the top guy under Rundle.
I think any of them would say they got where they are because of talent. Each one of them tried the tough cases and won and was promoted on their own merits.
Statistically, most prosecutors don't stay because of the pay. But we see the new prosecutors as they come in, and the A's and B's and C's, and there appears to be diversity in the ranks. The problem with the SAO is how they treat everyone and take away discretion. And that is the beginning and the end of the discussion. If the Walker thing shows anything, it shows, and we intend to question this further, that the SAO kept in on knowing there was an issue. Why did that happen?
"Afro-Americans"?
Rump - check your calendar - it's 2008
Rump, I have to agree with you mostly about the last two posts, but several other comments are due:
1. Everyone sites low pay when they leave. But many ASAs who think they are auotmatically going to double or triple their salary when they leave the SAO are in for a rude surprise. The simple fact is that low pay plus all the shit ASAs have to deal with drive most from the office.
2. Civil law firms--particularly larger ones--have long been havens of the "old boy" network. 30 years ago it was rare, if not unheard of, to find a female or minority lawyer at a large firm. Even though the senior-level partners at these firms are usually overwhelmingly white males, they want to show their "progressiveness" and aggressively recruit female and minority lawyers for lower-level positions. Unfortunately for many of these lawyers, it takes them a few years to realize their chances of advancment are almost as good as finding KFR in the office on any given day.
3. The SAO treats the vast majority, but not all, of their attorneys like crap. About 10% manage to find themselves continuously on a "golden boy/golden girl list," and can do no wrong unless they really screw something up. Even then, their punishment would be minor compared to a "normal" ASA. While ass kissing can help an ASA get on this "list", competence and legal ability rarely, if ever, have any bearing.
"Lets stop this nonsense right now."
Sorry you feel that way Rumpole. You're entitled to your opinion.
First off, Don Horn? Are you for real? The Don Horn of the past who fought the good cause, he was black. The current Don Horn? He's a crony and puppet. Don't insult the community by claiming him. That's almost as bad as associating Clarence Thomas with blacks.
Both are puppets of an establishment and you're sitting here claiming Horn has accomplishments when this blog has spent the past two weeks slamming him left and right and stopping short of outright calling him a fool.
Get a real argument.
Before you go saying what you think is going on, why don't you talk to current or former ASA's that are black. Then you can actually make an informed opinion instead of posting some "happy go lucky" comments about a wonderfully integrated modern day America.
Katrina was not that long ago, even if Barack Obama seems to be doing well in the primaries.
Furthermore, I agree. If the Office knew Walker (black), and the Office knew the secretary (black) was "had a hint of" being inappropriate and the Office also knows Pohl (white) is inappropriate (from the standpoint of sexual harassment), why does the Office drag their feet on such issues? Why does Pohl continue to have danishes and job security?
3:40pm, you are definitely distorting things.
First off, you snag one post off another Blog and extrapolate that opinion as to speak for the entire Black community? How much sense does that make?
That post doesn't speak for me.
Secondly, you put forth that the post is supposed to represent an opinion on the Walker matter. If you cared to include the previous posts, you would have noted that the posts were about the article as a whole, including Jimenez and the secretary.
And that the posts in no way even sought to cast Walker's actions in any light other than that he was dead wrong and that he should have been outed sooner.
But by spinning it your way, you make it sound as if the whole of the black community is somehow trying to justify the actions of Walker? Now if that isn't sensationalism.
Please report things more accurately in the future.
I believe you are assuming I am white.
I agree. the whole Wlaker issue is sexual harrassment , pure and simple. It has nothing to do with race.Higher ups were placed on notice and did nothing. The women in his division complained but were ignored. Did they complain to the right people? Probably not. It is the atmosphere of fear at the SAO. . The DC's word is gold and is never questioned. When one complains about the DC the complainee is usually discipled or let go. There is no right to confront. The harrassed thinks why should I get fired? I will just take as many cases to trial as I can and get promoted out of the division and pray for my 3 years to pass quickly. For the record, I am a former ASA and can say that in two years I know of at least 3 women in Walker's division that complained of his treatment. I advised them speak with Lorna or Don but I now see what happens when you involve them in anything. Also, nothing is done about DCs that regularly engage in creating a hostile work enviornment. I guess the thinking is that if the DC tries a murder case every few months it should not matter if the staff is being harrassed. That is my 2 cents worth.
Let's have a Howard Pohl bashing session. I know stories that would curl your hair and sexual harrassment is just one issue. Besides everyone knows that the female ASA who walks in his office with a low cut shirt and a bag of M&Ms will receive better treatment than the lowly male newbie ...
Rumpole, you are white. Stop bullshittin'.
Rumpity-Rump-Rump.
Notice how the boys in Broward have stopped posting on the Garcia-Wood matter.
My prediction -- they found out the contempt citation/order was properly issued and realized that they would have to be eating crow (or the cans of Alpo they brought for their staged charity dropoff) for going after this judge incorrectly.
Your points on your post were well-taken. They cared more for grabbing some headlines (the only thing the Broward BLOG is good for) than for this unfortunate disabled woman and her pets.
FFF, Esq.
PS - Where's the prediction on the National Championship Game tonight Rump? My bookie is waiting for my call.
12:09: Love the Clarence Thomas comment. You're only black if you're part of "the community"- whatever that is. Will you be lecturing us on the difference between "house nxxxxx's" and "field nxxxxx's."
When you get pulled over for driving while black, the cop's not going to ask for you voter registration card and membership in the Federalist Society.
The endemic racism of the Republican party doesn't make the socialist aspects of the far left more appealing. Capitalism, individual rights, opposition to unions... whether you agree or not with those positions, they don't change the color of your skin.
Someone said:
"A few weeks ago, a Broward Circuit Judge failed to issue a TRO against domestic violence against a husband who was accused of threatening violence against his extranged wife. The judge found the petition legally deficient and did not issue the Order. Shortly thereafter, the respondent allegedly killed the petitioner"
The Domestic Violence law and the Repeat Violence law totally different read them. (1.) Domestic Violence law in Florida requires only ONE incident and/or claim of violence to get a TRO in contrast Judge have been reversed many times for issuing TRO's in Repeat Violence petitions when there is not TWO incidents of repeat violence and one of the incidents must have taken place in the last 6 months. If only ONE incident exist the petition must be denied.
Domestic Violence petitions exist only for married intimate couples and even does not exist for gay couples. The only other way to get a TRO is through Repeat Violence petition which requires TWO incidents of Repeat Violence PERIOD!
So why that Broward Judge in the Domestic Violence case was wrong in not ordering the TRO it is the opposite result for the weelchair victim because it was a repeat violence case and according to all reports ONE incident existed at the time the TRO was issued when in fact it should have been denied on its face.
So Rumpole is correct for his comments. This lady even if she could walk and was perfectly fine should not have had the TRO issued in the first place. That is the LAW in Florida.
In repeat violence actions the following circumstances were found insufficient for issuance of repeat violence injunctions: “Telephone threats alone”: Gianni v. Kerrigan, 836 So.2d 1106 (Fla. 2d DCA 2003); Johnson v. Brooks, 567 So.2d 34 (Fla. 1st DCA 1990); “Receiving unwanted letters and flowers”: McMath v. Biernacki, 776 So.2d 1039 (Fla. 1st DCA 2001); “Nonthreatening e-mails, phone messages, chance encounters at restaurants, and leaving notes, cards, and a rose on petitioner’s doorstep, even after petitioner had clearly indicated she wanted no further contact”: Ravitch v. Whelan, 28 Fla. L. Weekly D1818a (Fla. 1st DCA August 1, 2003)
Dudley v. Smith, 786 So.2d 630, 631 (Fla. 5th DCA 2001) the 5thDCA concluded “that at least four acts of harassment are required to support an injunction against repeat violence based on stalking.”
FFFFFF- I don't pick college games. Too many variables beyond my ability to analyze. Save your money for Green Bay over Seattle and Dallas over NY Giants, but I need to see the spreads and the Dallas injury report.
I'd stay away from Indy over San Diego and maybe the under in Cheaters/Jags if the line is 48.
These american blacks and their constant whining. Look around Miami and you will see thousands of black Carribean immigrants busting their asses and making money hand over fist. Why do black men and women flock to this state from south of us? Is it so that they can be subjected to pervasive and invidious discrimination or is it that we live in a society where free enterprise allows the hard working to rise?
So here’s my advice, stop whining and start working. And shut your gob about your 400 years until you learn a touch of Irish history, a land where where the greed and avarice of the English monarchy systematically planned the genocide of the Irish, for commercial profit, and executed a continuing campaign to destroy all traces of Irish social, cultural and religious being. Although African Negroes were better suited to work in the semi-tropical climates of the Caribbean, they had to be purchased, while the Irish were free for the catching, so to speak. It is not surprising that Ireland became the biggest source of livestock for the English slave trade. It is no coincidence that the Saint Patrick is the patron saint of Ireland and slaves. Four hundred years and you are halfway to matching poor Ireland. Stop making excuses.
Ho dee door, ho de do, ho dit right now! Herb Walker was not discriminated against because he is black, in fact the fact that he got screwed like so many young lawyers who have worked at the pd or sao is a tribute to the progress blacks have made. welcome to the corportate world- where we all get screwed eventually. dats all my brudders!
Low pay my ass. Newbie state attorneys are paid what they are worth. Lawyers coming out of law school are useless; they are worse than useless, they are an active menace because they think they know everything. Baby lawyers should pay the people who hire them for the training the receive.
Nothing beats two or three years clerking as a state lawyer; and yes, the PD and the SAO are just the same. In fact, a PD gets better training because they learn how to deal with clients.
Private Lawyer volunteered to stand in on a plea that got a guy out of jail today in Venzer. He was in jail despite a CTS offer on the table for an extra five days or so because his regional conflict counsel failed to show up in court two times.
Pohl? ANYONE with M+M's can get a better deal than ANYONE without such goodies. That is NOT sexism. That is learning how to play to your audience.
Runpole is a black woman, in fact a very smart and sexy black woman whose name is Teresa Sands!!!!!
Go get em babe.
2:44 AND 2:45 pm You can also go directly to the State Attorneys office and seek criminal charges which will in almost all cases will result in a TRO. The other cases are Civil cases despite the titles and way the cases proceed through the Court.
If you are in fear always go to the Police first and second go to the States Attorneys office and if either of those do not help then try the Civil remedies.
Pohl is the hardest working man at the office. Why, I remember quite vividly that he would be at the office well past 5 pm every night helping a poor innocent (but married and pregnant) big blue eyed and quite attractive ASA for hours with her heavy caseload. He would go through the files with her and authorize great deals. It was that kind of dedication from HP that helped the ASA lower the number of cases in her division.
BTW - The ASA was a hardworking person and never encouraged Mr. Pohl's "extra help." But, what the hell was she supposed to do other than let the bastard in her office to act like he was being magnanimous.
Now that KFR is on notice of Pohl's behavior -- through the posts on this string and others, what will she do next time he harasses someone?
Rumpole is definitely not black....he used "afro-american" in a sentence, where's George Jefferson when u need him, honky?
who was the new scab lawyer who failed to appear five times? is there any proof of this?
who else has joined the scab law firm?
(((Private Lawyer volunteered to stand in on a plea that got a guy out of jail today in Venzer. He was in jail despite a CTS offer on the table for an extra five days or so because his regional conflict counsel failed to show up in court two times.)))
"First off, Don Horn? Are you for real? The Don Horn of the past who fought the good cause, he was black. The current Don Horn? He's a crony and puppet. Don't insult the community by claiming him. That's almost as bad as associating Clarence Thomas with blacks.
Both are puppets of an establishment and you're sitting here claiming Horn has accomplishments when this blog has spent the past two weeks slamming him left and right and stopping short of outright calling him a fool."
RIDICULOUS. The Don Horn of today is the same one I looked up to when I was in law school. He is a brilliant man saddled with an incredibly difficult and thankless job. Yes, he tows the line. He is KFR's Chief Assistant and will give her the loyalty that she deserves. Anyone who has spent any time whatsoever working with the administration can verify that, behind closed doors, he speaks his mind and has a HUGE influence on her. I shudder to think what the office would be like if he WASN'T there. Just because you and he disagree doesn't make him "less black" or a sell out. He has access to information the rest of us don't have.
As for the comments about the so-called golden boys getting ahead by ass kissing, that's not fair either. Yes, SOME people have gotten ahead that way (show me an organization where that is NOT the case). However, most get ahead by busting their asses.
"These young american blacks and their constant whining..."
Why sorree masa! I'll gits back to the fields right quick fo sho!
that was a touching story on Irish history
Irish American lawyer says, thanks for the history lesson, now I know why I play basketball and get along with blacks since adolescence. Translation to my brothers: homey got game and can hold his colt 45, he's bad and a good honky.
Sir Rumpole:
Feel free to post this at the column of your choosing.
The Scab ROC lawyers are:
Schlesinger/Venzer (David Abrams, admitted 1991)
Reyes/Prescott (Abe Bailey, admitted 1985)
Adrian/Marin (Lionel Barnet, admitted 1970)
Lopez/Leban (Nathan Clark, admitted 1982)
Soto/Eig (Albert Cartenuto III, admitted 1990)
Diaz/Butchko (Enrique de la Paz, admitted 1986)
Ward/Leesfield (Lindsay Glazer, admitted 2003)
Schwartz/Tinkler-Mendez (Cristina Hernandez, admitted 2002)
Tunis/Scola (Julie Leckart, admitted 1994)
Murphy/Thomas (Arthur Leibell, admitted 1971)
Jimenez/Areces (Franz Parke, admitted 1990)
Nice of the ROCettes to try (but not succeed) to assign their lawyers to courtrooms on the same floor. Feel free to check out the Florida Bar website for these lawyers' Florida Bar sections and areas of specialty. The ROCettes motto: "immigration law, real estate law, criminal defense...it's all the same to us"
I'm sorry, you're allowing bloggers to make unsubstantiated, libelous (and this would be per se, if I remember from law school as it denigrates one's sexual proclivities and accuses someone of an unsubstantiated CRIME)statements about a person like Howard Pohl who, by the way, has dedicated his professional life to public service when he could actually be out there making mega-bucks as a civil lawyer with his accounting background? Is that what you're doing, Rump? Why, is it because you have a hard on for Howard, so you bend your rules of the blog to fit your desire? The things being said about Howard are disgusting and revolting--they would be disgusting and revolting about anyone. Take them down!! And to the bloggers who posted them--shame on you. You aren't fit to shine Howard's shoes.
Please email me if you can. Or please leave a comment as to the offending posts. I try to do the best I can but will review what ever you want. I personally think Howard is a fine prosecutor. I do recall comments not favorable about him but not volating my rules. But I could be wrong or could have made a mistake. It has happened before. I think in 1983...anyway, private email would be best (just get a gmail account with a fake name if you want) and we can discuss it.
HR
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