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, January 10, 2008

COURTHOUSE STUFF

We are gratified to run this blog when we can do something like host a site where people can comment on their remembrances of someone like Alvin Goodman who has just passed away.

The comments about Alvin reflect a life well lived. Alvin was an original. We think it is best to remember the seventy some years of his life on this earth and all the good that he did. He brought happiness to many people. He defended clients who needed him. And there is a special place in whatever you believe waits for us beyond life for all of the smiles he brought to the faces of children. Lets remember his life- the one day he passed away pales in significance to how he lived his life.

In other matters not necessarily germane to anything:

Senator John Kerry has endorsed Senator Obama for President. Is that a good thing? And shouldn't he have at least waited until his running mate from 2004 John Edwards was out of the race? We still support Edwards and believe he can get the nomination and will win the presidency if he does. Of course we wake up every day and head to the REGJB fully believing justice will be done, so what do we know?

Word reaches us that Sir Edmund Hillary has passed away. The BBC article is

HERE.


And word reaches us that the 4th DCA (motto "A 100 times better than the 3rd DCA") has ordered the immediate release of Victoria Sando- the wheelchair bound woman sentenced to 6 months in jail for missing a court date.
The Broward Blog has a link to the opinion HERE

No truth to the rumor that if the 4th DCA keeps enforcing the Constitution that the rest of the DCAs may band together and shun the judges of the 4th.

See You In Court, where every now and then there is a nice opinion to read in the FLWs.

And as everyone already knows, Congratulations to our new Circuit Judge George Sarduy who was just promoted to circuit court after a brief stint in the county court domestic violence division.


33 comments:

Anonymous said...

please dont mention the private email I sent you regards youtube. "Private" the key word.

DS sez said...

Rumpole
I've seen No comments by you yet, concerning the current Florida debate on whether evolution should be mentioned in science class. Its like watching Darrow and W.J. Bryan in Scopes only 80 years later.
D. Sisselman

Anonymous said...

I met John Edwards when he ran 4 years ago. He epitomizes the Robert Redford character in "The Candidate". A pretty face with no substance. exeample; you are not a champion of the poor when you build yourself a mansion won by suing doctors.

Anonymous said...

I just had to copy and paste this comment from yesterday (Thursday) at 1:21 P.M. because the post was so funny. Anonymous said . . .

Hillary thrilled with her New Hampshire win!!!!

"Hillary is ecstatic with the New Hampshire results and is looking forward to the rest of campaign" said family friend Richard Sharpstein.

Sharpstein allegedly is also a family friend of Sean Taylor, Barack Obama, the Pope, Brad Pitt, Bill Gates, Donald Trump, Margaret Thatcher, and North Korea president Kim Jong Il.

CAPTAIN said...

THE CAPTAIN REPORTS:

If your name is CAPUA ... or ... Like Father like Son ...

Not to be confused with his more famous father and ex-Circuit Court Judge S.Peter Capua, ... The Florida Supreme Court today filed an emergency suspension against his son
Peter Marcellus Capua, 19 W. Flagler St., Suite 301, Miami. Capua was admitted to practice in 1986.

In its petition, The Florida Bar said facts establish Capua was causing great public harm by misappropriating thousands of dollars from his trust account. An audit of his bank statements showed repeated shortages in his trust account and a pattern of using recent deposits to satisfy past obligations. Additionally, Capua used his trust account to pay personal and business obligations and for cash. (Case No. SC07-2199)

Judge Capua made his own news back in 1989 when he called the Shift Commander at the DCJ and ordered him to release his son from custody. Young Peter had been arrested for Domestic Violence and the Shift Commander informed Judge Capua that there was No Bond on that charge and his son would have to appear in Court the next morning. The Judge insisted and had the SC write out an Order for ROR which the Judge signed. The jail released his son.

The incident led to JQC charges against Capua. Upon investigation, the JQC eventually charged Judge Capua with Trust Account violations that occured when he was in private practice along with the charge of improperly using his authority to get his son out of jail.

The Supreme Court issued a Public Reprimand.

Judge Capua is now in private practice here in Miami.

Footnote: On October 29, 2007, Peter Capua, the son, was arrested for - you guessed it - Domestic Violence. This time he stayed in jail long enough to get a Bond of $1,500. One month later, his Bond was revoked and he was sent back to jail but permitted to post a new Bond in the amount of $5,000. Case is set for Status Conference on January 17th. M07-62379.

CAPTAIN OUT .......

Trivia Question: What is the relationship between Capua and the Clintons?

Anonymous said...

Those who rip on Sharpstein are pathetic. You're jealous and miserable. You wish you had an ounce of his success.

Anonymous said...

Dolphins note: Check out Dr.Z's all-pro team on si.com. Did anyone realize Will Allen had such a great year?

fake sean hannity said...

Didn't S. Peter Capua teach Bill and Hillary Clinton how to misappropriate funds from their lawyer trust accounts, arrange for Chelsea to not have to post bond on any of her DUIs, and, yeah also, murder Vince Foster and do whatever it is that we say they did to Whitewater? Captain, you are the biggest Yenta on this Blog

SoulMan said...

I'm in the 4th dca, but there's even better caselaw out of the 2nd. I gotta hand it to the 4th, I had a writ of habeas corpus granted there 2. They are not afraid to do the right thing (as long as you get the right ones on your panel).

SoulMan said...

I'm in the 4th. The 2nd has some great caselaw too. I had a writ of habeas corpus granted by the 4th. They're not afraid to do the right thing (so long as you have the right people on your panel).

Anonymous said...

And why can't you be a champion of the poor and have a mansion built by suing doctors??? What a ridiculous comment, 8:39. There's more substance to Edwards than the two front-runners combined.

Anonymous said...

Trivia Question: Who fuckin cares!

Anonymous said...

Capua oh Capua. When you visited his chambers he had all this Air Force Once stuff and would tell you all about his trip on the President's plane. Ooof was he a jurist. Nice enuf guy, but one scale short of a real judge. And the son. . . not so much.

Rumpole said...

Rumpole answers the trivia question.

Sometime around 1989-1990 Judge Peter S Capua occupied the courtroom and chambers that is now staffed by Judge Murphy and his crew.

Assigned to Judge Capua's courtroom was a rogue's gallery of laywers, including our much mentioned Shumie as a PD- but not his dog- the much maligned Phil R- as a prosecutor- and an assistant Public Defender with the then unknown name of Rodham. One Hugh Rodham.

As Hugh's sister and Brother in law began their first run for the roses, he introduced Judge Capua to then Governor Clinton- and the rest as they say is history.

It always surprised us that Capua, who managed to develop a friendship with president Clinton, was never able to turn that friendship into at least some measly administrative law judge position.

We are saddened to learn of the troubles of Judge Capua's son, and we hope it works out.

Anonymous said...

Word is that stay lifted in FACDL case such that Regional Counsel can't take case after 1/31.

Also - case has been certified to the Supreme Court.

WHAT??????? said...

"We are saddened to learn of the troubles of Judge Capua's son, and we hope it works out."

You're kidding Rump, right?

Anonymous said...

Jack, I miss you!

Anonymous said...

1136. edwards' whole campaign is predicated on being a champion for th e neglected, the poor and against corporate wealth and the giant disparity in wealth distribution in this country. did jesus, mother theresa, chavez, etc. have making money their primary motivation and then build themselves palaces. have you seen the size of the house he built himself, his 4th I believe. know your facts, you are the idiot. when you say you are going to be a champion for th e poor you don't need 4 homes and work as a financial investor on wall street, you build houses with habitat for humanity like jimmy carter, now go back to your coral gables home in ;your porsche douchebag.

Anonymous Liberal said...

I thought the connection between Capua and Clinton was the Sax. But Rump de la Rump's answer sounds more complete.

South Florida Lawyers said...

8:39 -- it's called capitalism. The only difference is Edwards got rich helping the little guy, not injuring them or ripping them off.

Anonymous said...

Remember,

Hillary Rodham Clinton's other brother, Hugh Rodham was a proscess server in Miami and worked for many of us. He moved, married Sen. Barbara Boxer's daughter, got divorced and is living somewhere else right now.

Anonymous said...

The newest JAC-scab is Franz Parke. Let's let him know how we feel about his sell-out!

Anonymous said...

Is the rumor that the 2DCA dissolved the stay in the FACDL quo warranto suit true? If so, the ROCC is out of business until the Supremes say otherwise.

Anonymous said...

NEWS FLASH

Bill Barzee just officially filed his papers to run against...

Mary Barzee

Rumpole said...

11:53- wrong wrong WRONG. Did I say you were wrong? You are thinking about the other brother from the same mother- Tony Rodham. Huey, married a nice cuban woman and had nothing to Senator Boxer's daughter. And if I recall, they have sadly divorced.

8:30- Yes. I am sad to hear about Pete Capua's son in trouble. Judge Capua was a kind man. I try to always see the better side of someone. To work so long for a legal career and blow it on something stupid- that hurts and I hurt for him. I mean if you're gonna blow it out- do it in style. Vegas, blondes, yachts, high roller suites- private jets.

CAPTAIN said...

THE CAPTAIN REPORTS:

That you Rump for pointing out the correction on Hugh and Tony Rodham. It was Hugh that worked at the Public Defender's Office, first as an Investigator and then as an APD. He went on to run for the United States Senate.

Tony was the Process Server. He married Nicole Boxer, daughter of the junior Senator from California, Barbara Boxer.

Judge Capua performed the wedding ceremony at the White House!

CAP OUT .....

Anonymous said...

11:08

So, if a poor person, or member of the clergy, says there's a great disparity of wealth in this country, and that there's an element of society that is poor and neglected it's true; but if John Edwards says the same thing, it's not.

"Shoot the messenger, he's rich!"

Anonymous said...

Rumpole- you should allow a post or implicitly encourage the defense bar putting a bounty on a defense attorney who takes a job with the conflict office to represent the poor. not everyone is good at running an office or charging clents and getting paid. for an attorney like franz parke to take a job with the conflict office, probably because the haitian community did not pay him for his work, is an outrage.

Anonymous said...

very interesting history on judge capua. i was wondering if our phil r. ever lost to anyone in that court when he was the proscuter? if so, to who.

Anonymous said...

I think the point of the anti-Edwards comment was that he is a hypocrit. A hypocritical politician, what a revelation. What are you going to tell us next, that lawyers lie.

Phil R said...

7:31. As I tell my clients today- I win most of my cases, not all of them. The same can be said for the time I was before Judge Capua. I had two trials that I remember fairly well that I lost (I remember the losses far more than the wins.)

I lost a DUI serious bodily injury to Lou Casuso in which he represented a Corrections officer. I had all the evidence: blood way over the limit- a witness to the amount of drinks- and If I recall, the Corrections officer hit and hurt a police officer.

I had one female police officer who was a miserable witness. Mean, nasty, didn't want to cooperate with me, and Louie chewed her up and spit her out. She was the one that collected the blood and they bought his theory she spiked the blood- or something like that, despite the evidence from my witnesses that it would have rendered the blood useless.

Also, and I have never forgot this: the jurrors felt that the defendant was a "nice looking young man" and that since the officer was suing him civilly, that was enough punishment, so they freely admitted to me afterwards they disregarded the law and acquitted him. I have never forgot the lesson about the civil lawsuit, and to this day when I represent a defendant who is being sued, I never fail to bring it up on cross, and it never fails to resonate with jurrors.

Anyway, that was not only the worst loss I had before Capua, but probably the one case out of three or four that I lost as a prosecutor that I absolutely did not deserve to lose. It was one of the very few cases where I can say the jury completely blew it.

But my memories of Judge Capua are fond ones. I also hope his son works out his problem. I always felt Pete Capua got a bad rap for some unknown reason in the Justice Building. He was a very nice man. He treated all lawyers like the gentleman he was, and he was a very fair judge. All in all I was very sad when he did not win re-election.

Phil R.

Anonymous said...

c'mon phil r. tell us about some of the others you lost and to who. i am sure you remember others. come clean.

Anonymous said...

Judge, S.Peter Capua (Ret.) is one of the most decent men serving his field of expertise. Being a lawyer has a real image problem according to most people! For the 25 years that I have tracked Judge capua he has been there to help the poor and the elderly with more pro-bono service than anyone else around. He has voluntered his services for international and domestic disaters relief work and promoting Cultural American activities. Guess what, his son has been there with him.

Lets not chastise Capua Jr. because I know he has given the "shirt of his back", to help in two situations, two young poverty stricken children in Latin America who were dying from childhood cancer and was able to save one of them in time. Neither does he need the Herald to make a story, neither do I think his father knows.

Honorable Judge Capua has had the finest upbringing from a loving fahter that lived 103 years. Capua Junior has had the best father and mother that has existed in our community!

The passing of Ms. Capua years ago might have given Capua Junior a sense of obligation to do anonimus charity work without adulation and charitable tax deductions because of geography etc.

Let us give Capua Junior his "Bar" back and allow him to maybe go to counseling to try and provide relief to the trauma of a young child who losses a young beautiful parent that he much revered, loved and enjoyed. People from the Holocoust know what I mean.

As a Pasionate God driven person that he is I will see that he is recognized by a very famous European Order of Merit for the charitable work he he has done and never made public, but done by him in privacy with God and the goodness in his heart. We will raise the money used for this purpose and give it back to him!

I believe the new trend that elected our new president both here and worldwide is for helping build bridges in a shrinking planet. If the head of the Senate judiciary had the KOPECNY drawning DUI and still has his BAR
and the Arkansas couple still run the DOS and foundation after White Water and others why are we trying to harm and injustice for this young kid "Maybe the Emperor wants him to be thrown to the Lyons like they did with General Maximus".

We must remember "Injustice brings Injustice"

He who is free of wrong doing throw the fisrt stone otherwise be just and let him have his BAR back after counseling so he make a leaving etc!

Gob Bless America and the Capuas.

Old Amero-European Ravi