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, March 21, 2008

OBAMA FOR ELEPHANTS

We were very impressed with New Mexico Governor Bill Richardson’s endorsement of Barak Obama. This endorsement may well turn out to be the turning point in this protracted campaign. However, we for one do not believe a contested convention would be a bad thing for the Democratic party. For one thing, it would bring excitement to an otherwise dull event. For another, the candidate that wins will have emerged as a “battle tested” victor, and will have that almost ghostly quality of what George H.W Bush called in 1979 (during his primary battles with Ronald Regan) “big mo” or momentum.

Senator Obama’s speech on race was masterful. Beyond the words however, we were impressed by this man’s ability to take a crisis and turn it into a positive event. Obama has emerged stronger from this race/Reverend contretemps, and that says something about the man’s leadership abilities.

What is Rumpole reading?


We just finished Charlie Wilson’s War: If you saw the movie, you saw about 5% of the story. The book takes the reader through the entire astonishing career of Congressman Charlie Wilson and how he single handedly directed American foreign policy (which happens to be illegal for a congressman to do) in Afghanistan and Pakistan from 1979 through 1989. Wilson was a lightweight congressional playboy with a penchant for self destructive acts and an even greater penchant for daring last minute rescues of his career and the Afghan Mujahedeen. The chapter on Wilson’s DUI crash on a bridge the night before he led a congressional delegation to Pakistan and the subsequent DC Police escort (Wilson sat on the DC appropriations committee that handled the budget for the Capitol Police) to Andrews Air Force Base as the Virginia State Police sought to arrest him, is not to be missed. The book is a hundred times more fascinating and astonishing than the movie, and it contains the type of “it's too strange to be fiction” Washington DC stories that Congressman Wilson relished being at the center of. Many years ago Rumpole played a small part on the periphery of the struggle of the Mujahedeen against the Soviets. Our role was way too modest to mention here, but the brave Mujahedeen have always had a spot in our heart, which made their corruption by the Taliban all the more painful. Not all of the Mujahedeen are Muslim radicals, but the byzantine world of Afghan tribesmen is so wrought with tribal internecine disputes that it would take a westerner a lifetime to understand their ways. It seems in retrospect almost pre-ordained that we would screw up Afghanistan after the Russians left. And that’s just what happened.

We also poured through Jimmy Breslin’s “The Good Rat”, which is the story of a low level mafia informant and his testimony in the trial of mafia hit men/NY Police Officers Stephen Caracappa and Louis Eppolito. The book is a good and fast read. The story is typical Breslin, with a riveting cast of NY characters from the mob, the police department, and the fringes of society. The prosecution of Caracappa and Eppolito weave together the familiar NY mob stories of John Gotti, Henry Hill, and Paul Castellano, along with the stories of a dozen or so sad sack mobster characters. Readers should note that the trial Judge in the case just happens to be the very best Federal District Court Judge Rumpole has ever had the honour and privilege of appearing before: The Legendry Judge Jack Weinstein of the Eastern District of New York.

And finally, we recommend one of the very best novels we have read in the last ten years: Water For Elephants, by Sara Gruen. An amazing tale of an old man, a young man, love, the circus in depression era America, and last but not least, of an elephant that ties the whole tale together. It is a great great novel, and you will really be missing something if you enjoy literature and don’t read this book.

Currently we are poking into The Shadow Year, by Jeffrey Ford. Set in Long Island, NY, the story of a young boy and his family and a bizarre series of events promises to be a most interesting read. We’ll let you know.

Have another great weekend with some more great South Florida spring weather.

30 comments:

CAPTAIN said...

THE CAPTAIN REPORTS:

Election Update:

Two big stories on the election front. One incumbent gets challenger (Eig v. Roniel Rodriguez - a 5 year attorney)and second incumbent (Orlando Prescott) finally files.

I have a Front Page Post drafted but will wait a day as Rumpole just put up a new post.

Captain Out ....
for now ....

CAPTAIN said...

... also in the upcoming post - JNC sends six names to the Gov to replace Sarduy.

Anonymous said...

This is a funny part of JT's bar trial "DT" is Judge Tunis, "JT" Is Jack Thompson and Smith is the witness.

DT: Sustained. I’m sorry. I’m going to ask anyone that’s in the audience not to speak out loud.

JT: He’s not in the audience. He’s here assisting me. I apologize.

DT: He’s in the audience.

JT: He’s here to assist me.

DT: And he’s in the audience.

JT: Well, I -

DT: Sir, I’m going to have to have you removed from the courtroom, which I do not want to do…

JT: He won’t say anything.

DT: …Excuse me, Mr. -

JT: [Miles] Gopman…

GOPMAN: No, no, I’m leaving.

DT: Mr. Gopman, you are welcome to -

GOPMAN: I’ll leave, Your Honor. I’ve seen enough. I’ve seen enough. That’s okay…

DT: Let the record reflect that Mr. Miles Gopman has chosen to leave the courtroom and the Court was going to explain to him that he’s welcome to stay… as long as he does not speak out from the gallery, interrupting the proceedings.

JT: Let the record also reflect that Mr. Gopman left; and I like your bailiff, but your bailiff was moving towards him to remove him.

DT: And I told my bailiff… there’s no problem with Mr. Gopman sitting here, but he cannot speak out from the gallery.

JT: And, Your Honor, I’m not allowed to stand within 10 feet of Mr. Smith because of his concern… Mr. Gopman probably didn’t appreciate your bailiff, who is a very nice gentleman, coming forward… He’s also got his own harassment problems from the Florida Bar. So he left, for whatever reason.

(several more pages of argument ensue before Smith wraps up. As he is leaving…)

SMITH: I don’t know if it’s appropriate to ask this but I’m going to ask it anyway. Is there any way we could ask for relief to stop the e-mails, at least until this hearing is over? I don’t know if you have the power to order that?

JT: No, she doesn’t.

DT: Sir, I need to deal with one legal matter that’s in front of me at a time.

SMITH: I understand. I hope you can appreciate my -

JT: That’s a nice touch, Mr. Smith. I appreciate it. Are you going to take down from your client’s site the references to me as a bisexual -

DT: Mr. Thompson, stop, stop.

JT: No. Your Honor -

DT: This Court is going to be in recess for a lunch break.

JT: Your Honor, are they going to take their comments down about me being a bisexual pedophile on their client’s site?

Anonymous said...

JT cross examines Alabama Judge Moore on sending him faxes:

JT: …You entered an order, though, saying that I couldn’t communicate with you any further.

MOORE: Directly to me or through my fax machine…

JT: Okay, and what was the annoyance that you had with that?

MOORE: Just fax after fax after fax after fax after fax after fax.

JT: Do you ever get communications by fax from other lawyers?

MOORE: Occasionally…

JT: What’s the cut-off on how many faxes?

MOORE: Oh, I don’t know. You reached it, whatever it is.

Anonymous said...

My current reading lists consists of hustler and juggs. Not as good as the movie, but entertaining nonetheless. JT, I highly recommend this months cover girl.

Anonymous said...

SARDUY kablooie! DMV Judges went lollapaloozie when Sarduy, after much hooey, got his foot in the circuit court shoeieee.

Anonymous said...

Rump, can you find the money in the budget and the cap space to sign Fake Pannunzio to an exclusive blog contract? Currently he also posts on the Broward and West Palm blogs, but he is so damn funny I'd like to see you lock him up with an exclusive for your blog. Please try.

Rumpole said...

I just have the feeling that no matter who they draft they will blow it. If the Fins pass on McFadden, they are guaranteeing his future as a hall of famer. So that ten or twelve years from now - ala Michael Jordan- football commentators will be saying "And remember the Dolphins passed on McFadden. Can you believe it? Here's our Afflack Trivia Question of the day: Which player did the Dolphins draft in 2008 instead of McFadden. Its a tough question, because if you remember, it was the first time in NFL history that the number one player taken didn't even make the team after traning camp!!! Well, the Dolphins are down 36-3, and are on the verge of their fourth consective two win season....."

Friday, Mar 21, 2008 1:06 pm EDT

Miami narrows focus of No.1 selection
Getty Images
Miami Dolphins officials got a look Tuesday at two candidates for the No. 1 draft pick — Virginia's Chris Long and Boston College's Matt Ryan, at their schools' Pro Days. But more contact with Miami awaits according to the Miami Herald.

The Dolphins have scheduled private meetings with Long, Ryan and Michigan offensive tackle Jake Long in their college cities, according to officials who work with each player. (They have not requested similar sessions with Arkansas running back Darren McFadden, Ohio State defensive end Vernon Gholston and LSU defensive tackle Glenn Dorsey, agents said.)

The Dolphins sent quarterbacks coach David Lee and director of college scouting Chris Grier to BC's Pro Day on Tuesday, while scout Bill Baker and outside linebacker coach Jim Reid were dispatched to Virginia. At Michigan's Pro Day last Friday, the Dolphins had national scout Ron Labadie, whose son Brad is Michigan's director of football operations.

Source: Miami Herald

cute blonde (all natural) pd intern said...

No offense Rump, but can we have more JT transcripts and less boring Dolphin talk. Plus, Pannunzio is HOT! I need a BF!!!

Anonymous said...

THAT'S RIGHT PEOPLE - IT'S OPPOSITION TIME!!

KEEP IT COMING!

Anonymous said...

Across the state, by the bay, a circuit judge recused himself from hearing a DUI after he put up some mentions of MADD on his web site. Pretty interesting stuff.
http://www.tampabay.com/news/courts/article427449.ece

Anonymous said...

More on questions of Alabama Judge Moore about his fax machine, "Moore", "DT" is Judge Dava Tunis, "JT" is Jack Thompson, "TUMA" is Bar attorney Shelia Tuma, courtesy of http://www.gamepolitics.com (Notes in parenthesis are apparently summaries written by GamePolitics.)


JT: What kind was it?

MOORE: I don’t know. A cheap one.

TUMA: Objection.

MOORE: I’m sorry, Judge.

JT: Did you get a new one?

MOORE: Yes.

TUMA: Objection, Your Honor.

JT: He said it ruined his fax machine. Did you get a new one?

TUMA: Objection, Your Honor.

MOORE: I’m sorry. I’m sorry.

DT: Next question.

JT: Why can’t I ask that?

DT: Because it’s irrelevant to the complaint whether or not the Judge in Alabama bought a new fax machine.

JT: Just so the record is clear, it’s highly relevant because this Judge is annoyed with someone who sent him too many faxes and is claiming that I ruined his fax machine.

DT: Do you have another question…?

JT: I’ve got lots of questions.

JT: So you wanted to make sure it was a revocation and not a withdrawal.

MOORE: Yes. Based on the evidence before the Court, the Court had determined that you could not comport yourself to the rules and I revoked your pro hac vice...


MOORE: …The problem is you were sending just bundles of [documents]… these long speeches and letters to other people that I had no idea what the letters were about… about Katrina money and these lawyers down here in Miami and all this…

JT: And I broke your fax.

MOORE: Yes.

TUMA: Objection.

MOORE: My secretary said be sure and tell you that.

JT: I’ll buy you one.

MOORE: I don’t want you to buy me one. I bought one…

DT: Sustained. Next question…

JT: Why didn’t you hold me in contempt?

MOORE: …Because I knew if I communicated with you based on my past experience with you, it would just get worse…

JT: This Judge thinks that he can revoke the Petition Clause of the Constitution and tell a citizen he can’t communicate with a Judge… Is it constitutional to enter an order to prevent a citizen from communicating with a judge?

MOORE: …Under some circumstances, of course… I have never done this with any other litigant or person even from prison that I get letter after letter after letter about because they weren’t as disruptive and as numerous as the ones you sent… I think a Judge can take proper steps under the circumstance to limit contact…

JT: You’re annoyed with me, aren’t you?

MOORE: I’m not really annoyed. I mean, I don’t know if that’s the word.

JT: What’s the word?

MOORE: The word is, you can’t comport yourself - I base what everybody else does on what the rules say this is what lawyers are supposed to do: civility, professionalism. That’s what I go on. In my opinion based on the evidence, you violated those rules. It’s just as simple as that.

JT: I’m not cordial. Is that it?

MOORE: When you tell a female lawyer that her mother would be ashamed of what she was doing and when you call them liars in Court and when you call me corrupt and put that out there to everybody in the world without any factual basis to it at all?

JT: Let me correct you, Judge. I said to [Take Two attorney] Jim Smith that his mother should be embarrassed by his representing these people who are selling pornography to children… do you think their parents would be proud of what they do?

TUMA: Objection to the relevancy.

DT: Sustained.

JT: Now, hold on. Hold on.

DT: Don’t tell me to hold on. I’m making a legal ruling. Go to the next question.

(Thompson and Judge Tunis spar over the objection, leading to…)

JT: Judge… What am I missing here, guys?

DT: Don’t do that. That is so inappropriate.

JT: What is inappropriate?

DT: For you to turn to the gallery and speak to two lawyers that are 50 feet away and ask them and turn your back to me… I don’t treat you that way. I don’t turn around in my chair and talk to other people. I’m speaking to you, sir…

JT: Do you think that what this company does - Take Two - is something the people who work there should be proud of?

TUMA: Objection to the relevancy.

DT: Sustained. It’s irrelevant. That is not the issue in this case.

JT: Have you made a decision, Judge, on whether or not these video games had anything to do with the death of these three cops?

TUMA: Objection to the relevancy.

DT: Sustained. You don’t need to answer that question, sir…

(ensuing next was a discussion of Devin Moore’s criminal trial and how a Thompson appearance on the Nancy Grace program might have impacted the trial… Due to time constraints, Judge Moore’s cross-examination was continued until the following day, Nov. 27th, 2007. We pick up at the following point:)

JT: There is one reference to my appearance on “60 Minutes.” I’ll read it to you: “…a mole within Rockstar called me… and told me about this game (Bully) which he said would be the equivalent of Grand Theft Auto: Vice City in a school setting in which kids can rehearse bludgeoning their fellow students and teachers.” So you object to my reference to that? …That could have adversely affected the jury in the [Devin Moore criminal trial]?

MOORE: The Court had to consider everything in context.

JT: I’m asking you to consider it in context.

MOORE: Then the answer is yes…

JT: Okay, Judge. How about this context; that we’re living in a country where kids are buying extremely violent video games and they pose a public safety hazard and that I feel I’ve got an obligation as a citizen to warn people about that? …What is there in this news release that refers to the [Devin Moore murder] case that you were understanably protective about?

MOORE: You did not specifically refer to it, but the lawyer that is involved in the case in Fayette, Alabama… where there’s also a capital murder case is sending this out, video games - it’s all to be considered by the public as one thing. They see your face and there’s the association.

(next there is a discussion of a video game alert sent out by Thompson in July, 2005…)

JT: I sent that to the ESRB, Judge… this wasn’t to the media, was it? …the embedding of sex in this game isn’t relevant to what was going on in Fayette, Alabama regarding the death of three police officers… this somehow could have compromised the case - the trial - in Fayette?…

MOORE: Could have. Why take the chance? That was -

JT: Well, you know, Judge, why take the chance with kids buying - since you asked the question - video games with embedded sexual content?

TUMA: Objection to relevancy.

DT: Sustained.

JT: He’s the one who raised it.

DT: He raised it under the guise of why take the chance of polluting a town of 5,000 people that had to produce a fair and impartial jury in a capital case… Let’s stay on point.

JT: I’m on point, Judge. How about polluting millions of kids who buy this game?

TUMA: Objection, Your Honor.

DT: But that’s not the issue before this Court…

JT: Can you comprehend, Judge… a concern I might have beyond supposedly making money in Fayette, Alabama regarding the deaths of three police officers, that I might have a concern about this that has extended back to Paducah, Kentucky when three girls were killed there in 1997…

TUMA: Objection…

JT: Can you comprehend that I have a right to write to the head of the ESRB… that I might have a concern about this as a father of a 15-year-old who lives in this culture, swims in it, with other kids? Can you comprehend I have something beyond the concerns of your case?

TUMA: Objection, Your Honor…

DT: Sustained.

Anonymous said...

Rumpole, you funny. "We" screwed up Afghanistan?? Uh, sorry, I think its been kinda "screwed up" for a while. The simple answer is always to blame the US.

Maybe your just another Westerner who doesn't get it, either.

Anonymous said...

remember when jimmie johnson drafted a small lightnighg fast running back- avery i think his name was- what a bust. they should draft a postition that gets no glory but leads to titles, offenseve and defenseive line,

Rumpole said...

So much for my abilities as a weather prognosticator.

Anonymous said...

another freudian slip by rumpole, we support the endorsement.etc. you will not withstand cross when you finally are sued for this blog. always has been more than 2 rumpoles. at least 6 needed to do this blog.

Anonymous said...

The transcripts are priceless. I have not laughed so hard in years.

I want to read all the pages.

JT you might be a complete ass but no one can deny that you are one funny guy. You really missed your calling as a comic writer.

Rumpole said...

Rump- lets look a little deeper into our Dolphins cryystal ball; circa 2015:

From the Miami Herald-Fox News (all news media having merged with Fox by 2014):
"The Dolphins were sold today for the 4th time in 24 months. The buyer, a Miami Attorney named Alan Postman, paid the bargain price of 154 million dollars. The Dolphins also fired their 9th head coach in 7 years, and announced that they were taking the following economic measures to compete with the Florida Porpoises- the Wayne Huizina-Sean Combs team that sits on the Broward-West Palm Beach Border:

1) The $99.95 Hot dog/beer special is canceled. Fans will have to pay the regular price of $85.00 a beer and $39.50 for a hot dog.
2) parking fees will be raised to $645.00 per two occpants of a car, with each additional occupant costing $150.00.
3) All tickets will be raised 35%, with the upper level seats going for $1,100.00 per game, and the most expensive seats going for $5,995.00 per game. Postman bellowed that it was time to run the franchise like a professional business, 'much like the Saints have done.' The reference to the Los Angeles Saints, coming off their second straight undefeated season caused many in the Miami crowd to wince, as the Saints and their coach (former Dolphins running back) Ricky Williams have taken much delight in shattering the beloved 1972 Dolphins perfect season record by posting back to back perfect seasons.
Postman noted that he expected attendence to rise now that the New England Patriots, suspended from the league since 2011 when it came to light the Patriots were putting tranquilizers in the visiting team's gatorade, would now be back in the league and would renew their traditional rivalry with the dolphins. The Dolphins, losers of 39 of their last 43 games, are slated to have the number one pick in the upcoming 2016 NFL draft for a record 5th year in a row. However, the number one pick has hung like an anchor around the Dolphins neck, with a series of sometimes comedic tragedies plaguing the number one pick, including the tearing of the ACL of this years number one pick when a truck load of frozen turkeys he was distibuting to the community fell on his leg. Last year's number one pick is still serving the 18 month minimum mandatory prison sentence for his first domestic vioence conviction which occurred when he yelled at his baby's mother in front of police officers three days before the start of the season, violating Florida's "don't hollar at your girlfriend law."

You see Rump, things are going to get a lot worse.

Rumpole said...

4:02 pm- I take your post as a compliment to all the hard work I do to keep this thing up and running, all the while managing my busy disordely intoxication practice. But as I clearly have stated since day one, the posts are written in the "royal we". There is only one Miami Rumpole.

Anonymous said...

4:02 is just one of those people (probably a judge) who hates this blog and knows full well there's nothing to sue you for.

fake pannunzio said...

Cute Blonde- they'd better be real. The "P Man" has more babes shakin their thang at him then JT has bar complaints, if you know what I mean, and I think you do. The "Nunz" may give you the time of day, but you'd better be worth it. The "P man" has better things to do with his time than chasing down tail that is silcone enhanced. So if you're the real deal, let me know sweetheart.

Anonymous said...

To the "Why Eric Hendon?" conspiracy theorists:

So on the circuit side, Chumbley, Jeri-Beth Cohen and Eig all got opponents. Last time I checked, they were white. Trawick, Prescott and Bagley didn't. Last time I checked, they were black.

On the county side, Hendon (black)and Lindsey (white) got opponents.

Hendon, Lindsey, Chumbley and Eig were all recent appointess appointees who have never run a successful campaign for election. They all got opponents.

Can we see the trend here, folks? Maybe race has very little to do with gathering an opponent. Just ask the white judges above who are going to be sweating it out this summer.

Anonymous said...

"one Miami Rumpole" meaning in the USA or World someone else is helping you.

Cleaver..

Rumpole said...

No- I have said this before. NO ONE and I mean NO ONE knows that I do this. However, I have noted an alarming rise in anonymous blogs about courthouses across the country: indeed several enterprising individuals have emailed me seeking my assistance in creating their own version of "Rumpole" in what ever town you can imagine. It is indeed difficult to clear the comments during busy days, not to mention writing the type of "award winning" commentary my readers have come to expect. And yet, I labour alone, like Don Quixote- the fabled Man Of La Mancha; fighting against insurmountable odds...and succeeding.


(for those of you wondering, I was honored at the New Brunswick New Jersey Bloggers convention, where I received he coveted "honorable mention" citation.)

Anonymous said...

Matt Hodus as Rumpole? Perhaps.

fake blake said...

oooo....Hodus as Rumpole!!!! I like that. Longtime rumors in the courthouse have been that beyond the usual suspects, that Rumpole is an ASA with a liberal bent; and Hodus fits that to a tee.

Anonymous said...

C'mon people get a brain! Do you really think that Nick Bogert [sic] would do a story on NBC 6 regards the blog and not know who Rumpole is? Do you really think he plastered Phil R's picture on the TV saying he might be Rumpole if was not Rumpole.

Anyone who knowns how the media works they have sources and Nick knew who Rumpole was and said so on his TV report.

I really do not think any reporter would put a picture of me on the tube and state I think her is so and so without being sure.

Rumpole I know you will not allow this post because it is true. Right Phil?

Anonymous said...

Matt was in Atlanta or busy in Africa when this blog began. Why would he bother? How would he follow the daily local news?

Anonymous said...

If you think Matt Hodus is Rumpole - go in your house (or south beach apartment), lock the door, and dont ever come out

Anonymous said...

Uh, Rumpole, there is one guy who knows who you are (remember the boxing gym comment) ... but your secret is safe with me!