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

Friday, January 11, 2008

TIMONEY "LAWYERS UP."

You've seen it a hundred times if you've seen it once.
The police are investigating your client. He or she is under arrest. They take them to that small windowless interview room and cuff them to the bench and let them stew for an hour or so thinking about their fate.

Then two cops walk into the interview room, and one of them reads the client their Miranda rights. You client isn't sure what to do. "Hey, if you have nothing to hide, why wouldn't you talk to us?" one cop says. Maybe the other cop passes a comment about the Judge being upset when he hears that the client didn't cooperate. All too soon your client is talking a mile a minute.

Well those lessons have apparently been well learned by the City Of Miami's top cop.

As our favourite Herald Scribe reports today HERE Miami Chief of Police John "Lexus" Timoney told the Citizen Investigative Panel absolutely nothing when he "responded" to a subpoena to testify about his free car by not showing up at the hearing "upon advice of counsel."

We have a few questions for Chief Timoney: If you think it's best not to talk to someone without counsel present on a matter that might get you arrested, can you think of one good reason why any defendant should talk to any of your police officers without a lawyer present?

Do you think your refusal to respond to a subpoena is an admission of guilt? If not, then why does your department along with the prosecutor's office argue that a refusal to provide a breath test in a DUI is an admission of guilt?

Just what does it say about Miami's top cop when he feels his actions are so serious that anything he might say could be used against him in a court of law?

Just how sweet was that ride?

Rims?

And in closing, let us all remember that Chief Timoney's need for counsel continues the City Of Miami Police Department's long tradition of having officers end up on the wrong side of the law.

Somehow the term "Lexus Cop" just doesn't have the same ring to it as "The River Cops".

See You In Court, where we hope all our clients take note of Chief Timoney's wise actions and "lawyer up" rather than trying to talk their way out of it.


Jimmy Conway, who was played by Robert De Niro in Goodfellas would be proud of our Chief Timoney today:


Everybody gets pinched. But you did it right. You told 'em nothing and they got nothing...I'm proud of you. You took your first pinch like a man and you learned the two greatest things in life...Never rat on your friends and always keep your mouth shut.


23 comments:

Anonymous said...

Rumpy:

You may have missed the point here; guilty or innocent, a wise man or woman first seeks reasoned legal advise as to what they should say or do, if anything. In this case, the chief's attorney advised him (for better or perhaps worse), to functionally ignore the subpoena and argue that the C.I.P. has no power to question him. I don't know all the facts here, but that advise may well get him fired.

Nevertheless, what is good for the goose is good for the gander, and you should not be attaching any negative connotations to his invocation of legal counsel.

Anonymous said...

Meanwhile O.J. doesn't seem to have listened to Jimmy Conway... don't play fast and loose with Vegas bondsmen.

Anonymous said...

FOR IMMEDIATE RELEASE:





JUDGE ORDERS REGIONAL COUNSEL OFFICES TO CLOSE

Order Follows Ruling Declaring New Public Defender System Unconstitutional



TALLAHASSEE, Fla. (January 10, 2008) – Seeking to prevent further damage to the criminal justice system, Circuit Judge P. Kevin Davey issued an order today lifting the automatic stay of his previous order that declared Florida Law 2007-62 unconstitutional. The effect of this order will result in the closure of the five Regional Counsel Offices in Florida.



The order contains special provisions allowing the Regional Conflict Counsel to “wind down” their operations. Judge Davey took this action to protect the rights of the regional offices’ current clients. He also expressed concern for the newly-hired lawyers working for the Regional Conflict Counsel. The offices, which were instituted last year with the passage of Florida Law 2007-62, were an attempt to create new, state-run conflict public defenders to handle criminal cases from which the elected Public Defender was obligated to withdraw due to ethical conflict.



“This ruling demonstrates Judge Davey’s overriding concern for the Florida Constitution and the protection of the due process rights of indigent Floridians. FACDL shares this concern, which has been the focus of our efforts since the beginning of this process,” said FACDL President A. Russell Smith.



With this latest decision, Florida Law 2007-62 is now unconstitutional unless resurrected by the Florida Supreme Court.



Smith continued, “Fortunately, Article V of the Florida Constitution grants the Courts the inherent authority to protect the due process rights of the accused by appointing lawyers to represent them, and to order that those lawyers be adequately compensated. More than 16,000 lawyers statewide were willing to take these cases before 2007-62 was passed, and we are confident that most of them will resume accepting appointments now that the law has been declared unconstitutional.”



To read the entire order from Circuit Judge Davey regarding this ruling, go to www.FACDL.org.



###



The Florida Association of Criminal Defense Lawyers, Inc. (FACDL) is a not-for-profit corporation formed exclusively to represent the interests of criminal defense lawyers in Florida and the people they represent. Affiliated with the National Association of Criminal Defense Lawyers, the FACDL is the only statewide organization dedicated to the entire criminal defense community. Representing more than 1,600 lawyers statewide, FACDL has taken the lead in defending the rights of Florida citizens accused of crimes for more than 20 years.

Della Street

rick freedman said...

Judge P. Kevin Davey, has signed an Order effectively dissolving the Stay in the case of FACDL vs. Governor Charlie Crist, et. al.

To provide you with a recap: FACDL filed the Quo Warranto requesting the Judge find SB 1088 to be unconstitutional. The Judge found SB 1088 unconstitutional and signed an Order to that effect on December 19, 2007. The next day, an automatic Stay was entered and both parties agreed to fast track the case to the Florida Supreme Court. The case is now there.

On Wednesday, FACDL argued before Judge Davey requesting that the automatic stay be lifted. Judge Davey Granted in Part and Denied in Part our Motion To Declare the Automatic Stay Inapplicable or, in the Alternative, to Dissolve the Automatic Stay.

The Order provides that, the Offices of Criminal Conflict and Civil Regional Counsel (OOCCCRC) shall not be appointed to any new criminal cases after January 18, 2008 and not be appointed to any new civil cases after January 31, 2008. They cannot hire any new employees, entering into any new leases, or expend any funds for the purchase of major data processing or computer equipment or enter into any service contracts for such equipment after January 9, 2007. They can continue to represent the clients they presently have been appointed to represent.

We will keep you informed as to any new developments as they occur.

Rick Freedman
FACDL-Miami

Rumpole said...

3:38- who are you talking to? You talkin to me? You talkin to me?

I know everything there is to know about geese, ganders, sauce, and talking to the police.

Of course nobody should talk. But since this is the Chief of Police, and since I get into daily if not weekly battles with his homicide guys and his drug detectives about my clients talking or not talking, I decided to give a dose of the same medicine his cops give me.

Anonymous said...

I have already appointed the Regional Counsel's Office on 5 or 6 defendants in my courtroom, all facing a max of life. That is in one week. I have one atty from that office assigned to handle my division as well as another judge.
At the outset, I find it difficult to believe that one such lawyer could properly and effectively represent the number of clients that he is expected to represent. It will take an army of experienced lawyers to represent all of these defendants. One part-time atty with his own private practice on the side will find it difficult if not impossible to do that. Will these defendants be able to receive adequate representation? I know we are headed for trouble.
Judge Jimenez

What?????? said...

Rumps asks:

"...why does your department along with the prosecutor's office argue that a refusal to provide a breath test in a DUI is an admission of guilt?"

Your answer, Rump:

Duh, uh, because the law (both statutory and case) allows it!

Poor dumb ass Rumpy.

Anonymous said...

the apple does not fall far from the tree, you would think after his kid went to prison he would lay low, not take a bribe or illegal gratuity, a dirty cop can't change his spots, but this is miami so he will keep his job and get a raise.

Anonymous said...

The scabs a/k/a ROC lawyers (division by division) are as follows:

David Abrams (Schlesinger/Venzer) Abe Bailey (Reyes/Prescott)
Lionel Barnet (Adrian/Marin)
Nathan Clark (Lopez/Leban)
Albert Cartenuto III (Soto/Eig)
Enrique de la Paz (Diaz/Butchko)
Lindsay Glazer (Ward/Leesfield)
Cristina Hernandez (Schwartz/Tinkler-Mendez)
Julie Leckart (Tunis/Scola)
Arthur Leibell (Murphy/Thomas)
Franz Parke (Jimenez/Areces)

Anonymous said...

Timoney is the man. He keeps us safe from hippies and communists. Let the man drive his lexus, this is the Banana Republic after all!

Anonymous said...

awesome indeed. By the way, what did franz parke do to sellout?

Rumpole said...

I admit I don't know beans about DUI. The thought just occurred to me and I should have resisted it.

Anonymous said...

People who refuse to provide samples in DUI cases lose their licenses. There is no right to refuse to provide a sample if there is probable cause (just like there is no right to refuse an exemplar, DNA sample, etc.). There simply is an option granted by the legislature.

That's why prosecutors can argue that the refusal reflects a consciousness of guilt.

Anonymous said...

" talking a mile a minute. "

who wrote this for you George W Bush. what the hell does that mean?

packer hater said...

Rumpole:

I can't wait for your football playoff predictions, but let me venture a wild, if not predictable opinion, that the Green Bay Packers are the home team most likely to lose this weekend. Not only have the Packers been playing over their heads all year long but, as their truly pathetic recent performance in the wind and cold of Soldier Field demonstrated, their claims to a Lambeau Field home field advantage are very dubious.

The Seahawks have vastly more playoff experience than the Packers and came within a field goal of appearing in two straight Conference Championships with an injury-riddled team last year. The Packers and Seahawks are about even in defense and passing game (both very good), and Shaun Alexander is a better running back than anyone on the Green Bay roster.

The best thing about the Packers losing this game is that it means that Old Grey Beard will definately be back for another season with fading skills, thus opening himself up for the beating that he so richly deserves.

Go Hawks!

Anonymous said...

Did you say Abe Bailey is/was working for Regional. And Franz has all the ROC cases. Perhaps those cases should be more evenly divided. I wonder how many of these lawyers would qualify under the wheel system?

cheesehead said...

Favre - all of the career passing milestones.

Which Hasslebeck do you guys have, the one with the ugly wife??

what??????? said...

Rump says:

"I admit I don't know beans about DUI..."

You must never handled a case where there was a refusal to submit to a hand swab for gun powder residue or refusal to provide a handwriting sample. Same principle applies. Unless there is a safe harbor argument.

Anonymous said...

Rick Freedman - do you still believe that the Conflict Offices will open and there is nothing we can do about it? Do you still believe we should just lay down and die a quiet death? I remember
distinctly when this crap all started and you sir were quite positive that these offices were going to open AND stay open.

Anonymous said...

"timoney protects us from hippies"????
I am not exactly scared of herb smoking, flower wielding, veggie-mite sandwich eating hippies. They are by nature a peaceful, albeit less hygienic, bunch. I like them.

I do however need protection from ak47 wielding thugs who shoot up this city bc they think their biatch is dating another man.

One must also enjoy the irony of a chief of police invoking the fifth. (if u have nothing to hide, talk to me. I'll put in a good word with the judge. What? You won't talk? Prepare to be redirected) .

Anonymous said...

Sometimes when taking the deposition of an arresting officer, the officer will invoke his right to counsel and his right to remain silent, which, of course, will be great for your client.

Anonymous said...

Rememeber wise ones...

Cops have a police officer's bill of rights. People don't. All inteviews must be with counsel or a union rep and must be recorded.

Not so, for DUI's and robbery suspects who come to our offices every day and say that they cop lied.

Anonymous said...

John B. Thompson, Attorney at Law
1172 S. Dixie Hwy., Suite 111
Coral Gables, Florida 33146
305-666-4366
amendmentone@comcast.net

January 14, 2008

Mimi V. Turin
Assistant City Attorney
City of Miami
Miami, Florida, 305-416-1802 fax, MVTurin@miamigov.com

Re: Additional Public Records Request, Obstruction by City of Miami of CIP Investigation of Miami Police Chief Timoney

Dear Ms. Turin:

I appreciate your and the City’s helpful compliance with Florida’s Public Records Law in providing my client and me certain materials pertaining to the above.

However, I am, just this day, in receipt of a January 11, 2008, letter from your boss, Jorge L. Fernandez, Miami City Attorney, addressed to Charles Mays, Independent Counsel to Miami’s Civilian Investigative Panel (CIP). As you know, the CIP is supposed to be investigating Chief Timoney for his improper receipt and use of a Lexus from a local car dealer. Chief Timoney had been subpoenaed to testify before the CIP on Friday, January 11.

The letter from City Attorney Fernandez, however, indicates that the City now appears to be actively and formally engaged in obstructing the investigation of Chief Timoney when it should be facilitating that investigation.

Toward this possible obstructionist end, either the City or Chief Timoney or both have retained the services of the powerful Miami-headquartered law firm of Greenberg Traurig and specifically Alan Dimond therein, former President of The Florida Bar. This is the law firm, of all things, that gave us Jack Abramoff, now in jail for corrupting government.

This entire sorry affair began with Chief Timoney’s receipt of something of value from a local business. Is he now, in furtherance of his efforts to avoid responsibility for that indiscreet misconduct, the recipient of legal services from Greenberg Traurig, whose monetary value would likely exceed the value of the Lexus lease itself?

I hereby demand, pursuant to Florida’s Public Records Law, copies of all documents that explain who is paying, or not paying, Greenberg Traurig for its representation of Chief Timoney. By “all,” we mean all.

Finally, I am in receipt of the aforementioned Alan Dimond’s Motion to Quash Subpoena that he has filed with Judge Sigler on behalf of Chief Timoney. It is disturbing to see that Mr. Dimond, on behalf of his client, has cited to the court, as the basis for quashing the Timoney subpoena, Florida Statute 112.531(1), which excludes “the chief of police” from internal affairs investigations.

This state statutory provision has absolutely nothing to do with a CIP investigation, which is authorized by local law, not by Florida Statute. Further, despite what Mr. Dimond alleges in his motion on pages 2 and 3 thereof, the findings of the CIP can be turned over to the City Manager not just to the Chief of Police. CIP Ordinance 11.5.6 (2) (c) (5) provides for CIP investigative findings to be turned over to the City Manager not just the Chief. Thus, the “Chief cannot act against himself” problem that Mr. Dimond cites quite clearly does not exist.

We demand that this apparently obstruction of the CIP and its investigation stop and that the requested documents, pursuant to Florida law, be provided immediately to me. Please advise when they are ready for pick-up. Thanks.

Regards, Jack Thompson

Copies: Attorney Alan Dimond of Greenberg, Traurig