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, April 28, 2008

BILL GELIN ON JUDGE GARDINER

Broward lawyer Bill Gelin posted this on the Broward Blog and it bears repeating here:

Because I believe it is highly unlikely that Broward State Attorney Mike Satz will take the necessary steps to uncover the truth in the controversy involving his friend Judge Gardiner and his prosecutors, it is once again up to the rest of us to make sure justice prevails in Broward County.

Therefore, I am preparing a witness list for the JQC for an investigation of Judge Gardiner. I am looking for information, evidence, or witnesses who can prove or disprove allegations that the Judge and certain Assistant State Attorneys (whether or not named in the New Times article) may have compromised criminal prosecutions. Please email me at wgelin@yahoo.com with the heading "Re Judge Gardiner". You can also send information through the "Anonymous Tip Box" or through an anonymous email address, or through a comment on the blog.

Additionally, I am preparing public records requests for the State Attorney, the Public Defender, the Clerk of Courts, the Department of Corrections, and BSO. The goal is to compile a list of current inmates who may have been improperly prosecuted or who are currently being prosecuted before Judge Gardiner.

I will do my best to assure they receive a copy of the New Times article, so they may pursue or preserve any remedies that may be available. I am also interested in contacting individuals who may have completed their sentences, though I feel current inmates should be the priority. If you have the name of an individual defendant who you feel may have been mistreated, please send the name and case number along.

I will also be contacting the Supreme Court, The Innocence Project, The CCRC, and federal authorities on the death penalty issue. I would appreciate it if anyone experienced in death penalty matters could contact me with additional suggestions on how to proceed with this particular situation.

The death penalty allegation, if proven, would have to rank as the most egregious malfeasance by any judge I have ever heard of. However, as serious as the death penalty matter may be, I believe the allegations regarding Mr. Patanzo, the former lead prosecutor in Judge Gardiner's division, warrant even greater scrutiny. The sheer volume of defendants who may have been impacted, to say nothing of the tenor and inexplicable zealousness of the pre-ROC prosecutions and sentencings (which often required action by the 4th DCA), demand it.

Lastly, I call on Judge Gardiner to come forward immediately to publicly refute the allegations or to admit them in the interest of restoring integrity to the numerous prosecutions that may have been compromised. Judge Gardiner is, of course, entitled to the same protections as any judge accused of wrongdoing. However, most JQC proceedings have to do with aberrational behavior by judges that typically does not impact prosecutions. In this situation, a man’s life hangs in the balance, and hundreds, if not thousands, of prosecutions have been called into question. I therefore hope that Judge Gardiner will subordinate her individual rights to the greater need of restoring integrity to the Florida and US Constitutions, which will remain tarnished until the Judge and the Broward State Attorney’s Office are cleared of all allegations.

Bill Gelin

Rumpole says: This is a remarkable undertaking by a lawyer who practices every day in the Broward courthouse, before judges -many of whom are probably friends of Judge Gardiner.
But when something is wrong it is wrong and Mr. Gelin possess rare courage take this battle on.

"All that is necessary for the triumph of evil is that good men do nothing."
Attributed to Edmund Burke.

31 comments:

CAPTAIN said...

THE CAPTAIN REPORTS:

In the spirit of Bill Gelin and his search of the empty courtrooms of the Broward County Courthouse, Senator Victor Crist is following Gelin's lead. So says the Tampa Tribune:

"On a typical Monday morning, people pack courthouse halls shoulder to shoulder - defendants, lawyers, witnesses, clerks and jurors walking in and out of courtrooms as their cases are called before judges. By early afternoon, many Hillsborough County courtrooms are empty. Judges have left the bench and the hallways echo the sounds of a few remaining footfalls. On Fridays, court is seldom in session.

So just how hard are judges working for their pay?

In this especially tight budget year, state Sen. Victor Crist, R-Tampa, says he wants to find out. Spurred by anonymous complaints from courthouse employees and lawyers, Crist is pushing for an efficiency audit of courthouses throughout the state to study everything from hours worked to thermostat settings. "

See http://www2.tbo.com/content/2008/
apr/25/na-if-court-isnt
-in-session-do-judges
-earn-pay/?news-
nationworld

CAPTAIN OUT ....

CAPTAIN said...

There was some earlier mention of Jack and a reference to GTA IV aka Grand Theft Auto IV.

This summer Will Smith has a movie opening and in the first week of release, assuming the movie is successful, the gross box should be somewhere around $100,000,000.

GTA IV is being released this week and in the first seven days it will gross ........

$400,000,000

That is scary!!!!!

CAP OUT ....

fake jake thompson said...

Dear Dick:

I have recently learned that some members of the white house staff have been playing video games, and not necessarily during their off hours. This may reach to the top, meaning this letter has to stay between you and me.

Are you ready to (formally) start running the country? Put on your impeachment shoes baby, because it's show time, Fake Jake Thompson style.

This oughta be a blast.

See ya at the trial in the senate.

Fake Jake Thompson

Ps. I am available for the top spot at justice, but lets move quick on this, my law license status is a bit iffy at the moment.
FJT.

appellate blogger said...

Objection Rump. Objection!!!

Careful readers know Fake Jake Thompson always signs his posts, "Gadfly and Esq."

WHat you have here is a Fake Fake Jake Thompson. I object and I request a ruling as soon as possible under blog rule 3.14(s).

Anonymous said...

From overlawyered.com

Grand Theft Auto IV debuts at midnight tonight to spectacular reviews, and the litigation is sure to follow...


Overlawyered favorite Jack Thompson, whose antics could fill an entire sub-blog, has sent an obnoxious letter to the mother of Rockstar's boss, Strauss Zelnick, accusing it of being pornography and training for murder. A new book, Grand Theft Childhood, as documented by WaPo's Mike Musgrave, suggests that the fears of corrupted childhood are overblown, though Lord knows I wouldn't let any teenage kids I was responsible for play this game.

real fake blecher said...

Wow. Good thing my Dunkin Donuts has WIFI and I logged on.

As the official Blog adjudicator and a national authority on real fake bloggers, I have reviewed the comment in question and it is hereby ordered

THE OBJECTION IS SUSTAINED.

The blog will ignore the comment of Fake Jake Thompson. It's veracity and authenticity have been challeneged and the challenge has met the Wilson v. Scmidt test 39 Blogger 2nd 1001 (Calif. 2005).

While this adjudicator cannot pass judgement on whether indeed the challeneged comment is a real comment, a fake comment, or a real fake comment, the objection is sustained and the community should treat the comment with suspicion.

Anonymous said...

Rumpola, I'm beginning to think that there may be more blogs making fun of Jack Thompson than any other person in the US. Go to Overlawyered.com and click on the Thompson link and all of the reports on him start out with something like "long time favoritie Jack Thompson" and then proceed to make fun of him. What a chump!

Anonymous said...

Applause to this Galin fellow. We should all aspire to having big ones like him.

Anonymous said...

but no one wants to comment on Bill Gelin, because hes doing something important that is beyond most of us.

Anonymous said...

They will do to Bill what they did to Chris Roberts.

They will fuck him every step of the way.

Broward doesn't get it.

E street guy said...

Rump. this might be breaking blog news: They blew up the chicken man in Philly last night.

Rumpole said...

Well, everything dies and that's a fact. Maybe everything that dies comes back....

Meet me in Atlantic City.


We can do these Springsteen lyrics all day and night if you like.

Anonymous said...

It seems as if everyone on this blog is scared. The problem with our criminal justice system in Miami is that everyone is happy driving their nice cars and wearing their nice suits, and no one is strong enough to stand up and say enough is enough.

What KFR has done to this criminal justice system is horrible. Truth is, the SAO is way too liberal and easy on bad people and way too tough on those that should be given a little space. Do not kill the simple possession of cocaine or the kid who steals a dress or pair of jeans from Macys. Stomp all over the guy who has five possessions with intent and sales and do not give him the bottom of the guidelines but offer him 8 years!

KFR is a woman who needs to go home and rest. KFR needs to get out of her hot seat and let those big boys and girls around her retire. Lets get some new fresh air in the office. Truth is, there should be term limits.

Anonymous said...

Rest easy, sleep tight, the news was broken by Miguel:

Miguel M. de la O said...
1. I am not traveling to Tallahassee on Fridy. It must be one of the many other de la Os in town. In the Cuban community, de la O is as prevalent as Smith.

2. I am not running for office in 2008.

3. I have not terrorized a law student in man, many months. My term on the Board of bar Examiners has expired. As an Emeritus member, my opportunities are much more limited.

Tuesday, April 29, 2008 10:24:00 AM

Anonymous said...

Has anyone noticed that when you look up a case on the Clerks web site a link appears to all recorded documents, orders etc.

The document is blacked out telling you to pay $5.00 to see the uncertified "public record".

Here is the thought of the day. Should I sue the Clerks office because they are charging to see court records online? These are public documents and unless I want a certified copy why do we have to pay $5.00 ? No place in the law does it allow the Clerk to charge to view public documents. The other court web sites do not charge to view public documents on line.

I am just peeved.

Rumpole said...

You can call judge a "cranky moron". In fact I have. But I draw the line at "big fat cranky moron who stuffs his/her face."

We don't make fun of people's appearances, remember? The comment was not published.

And by the way- you are way off base- the judge is a very good judge and a very nice person. So grow up or admit whatever particular grudge you have and get over it.

Anonymous said...

Yeah Gelin has rare courage that Rumpole obviously does not have.

Us Miami attorneys love to talk smack about our Broward counterparts, but we don't have anyone who fights the way Gelin does.

We need to take a good look at ourselves here in Miami.

fake jake thompson said...

Press Release.
For Immediate release.
Fake Jake Thompson Sues The Florida Bar.

Item: Florida sells the video game Grand Theft Auto IV

Item: The Florida Bar and its members, and its board of governors live in the state of Florida.

Argument: The Florida Bar CANNOT bring any action against Fake Jake Thompson because each and every member of said Bar has a conflict of interest against Fake Jake Thompson.

Conclusion: Ever since Chief Justice John Marshall warned in Marbury versus Madison ex rel. Grand Theft Auto that "the judiciary and bar, if left unchecked, will turn into goose stepping video game players" it has been the rule of law that no such bar can ever adjudicate the claims against an opponent of video games. Thus, a priori, the charges against Fake Jake Thompson must be dismissed and this lawsuit shall prevail. With costs.

Suggestion: Get to court early and get a good ring side seat. This will be a blast.

S/
Fake Jake Thompson, Gadfly and Esq.

Anonymous said...

Rumpole,

Firtel is not a good judge. Firtel is actually a horrible judge. Firtel rules based on emotion and ignores the law because he does not know the law. Firtel is part of a group of judges that hangout together, and it is funny because some of his buddies are really good judges. Firtel should not be on the bench.

By the way, no I am not part of any group pushing for any judge, other than supporting the anti-Manny Segarra campaign.

Anonymous said...

the fake JT comments are hysterical

Anonymous said...

Fake Jack Thompson:

You are freaking hilarious!

CAPTAIN said...

THE CAPTAIN REPORTS:

Legislative Update ....

The State Senate Tuesday passed a bill increasing the penalties for those convicted of mortgage fraud.

The legislation increases the penalty for mortgage fraud on home loans for more than $100,000 to a second-degree felony, rather than a third-degree felony.

Gov. Crist is expected to sign the bill.

CAP OUT ...

Anonymous said...

I got my copy of GTA IV at Best Buy midnight last night. I played it for a couple of hours, went to sleep and got up to argue motions this morning.
Can't wait to leave my office to go play more.
So much better than 1-3 (although Vice city in Miami was pretty cool.)
I would tell you who I am but I don't know if Jake would file a bar complaint against me because I argued motions while amped on adrenaline from driving through Liberty City.
(FYI- Liberty City is the fictionalization of NYC in the game. It has nothing to do with Miami's own little cesspool by the same name.)

Anonymous said...

Captain would you please inform the blog of the new law that moved all qualifying periods for Judge up to the May 2 date. The county court was in June but changed by new law.

If you pass up this date you will not be a Judge.

Anonymous said...

I'm beat. Shumie time. I'm outta here.

Hey Rump- in that big murder case before Reemberto Diaz, where they are taking weeks to get a jury, does Remmberto say "Shumie time" to end the days proceedings? He should.

Anonymous said...

Hey - Annette Taddeo - the Democratic candidate for Congress in Florida's 18th district - is having an open house at her campaign's new headquarters in Pinecrest. Annette is awesome and progressive, and she has a real chance to beat the incumbent, right-winger Ileana Ros-Lehtinen.

The open house is on Wednesday, April 30, from 7:00 to 8:30 p.m., at Sunliand Plaza (behind Starbucks), at 11509 S. Dixie Highway, Miami, FL 33156. Below is a link to the official invite. Annette, her family, her staff, and her supporters will be there. Refreshments will be served!

http://www.votetaddeo.com/index.php?src=events&srctype=detail&refno=6&category=Events

worried said...

Rump- advice pleaae. I'm about 80% in the market but I'm worried. What to do?

Rumpole said...

Worried: You have come to the right place. First of all, I recommend 50% cash for anyone over 40 in the best of markets, and this is hardly that. Slowly move out until you are at least 50-50.

Up to a year ago, I would have said to start cost averaging utilities. They pay great dividends. I started when I was in my 20's and before I knew it I had +100K in utilities. Now with energy in an uproar, I'd hold off- although 20K is still a good amount to invest.

I liked Ford 6 months ago because of the new team, but again, gas prices have me nervous.

Bonds. Repeat after me. Bonds. Wait until after the election when interest rates will have to rise to combat inflation. Then start cost averaging bonds. I did that in the 80's and wow did it pay off.

Between now and the election? I like the banking sector after the washout. Stay away from the banks with large portfolios in home equity loans- that is the next sector to tank. But Citigroup looks good to me.

Also there are some nice bio-tech funds, but stick with the blue chips.

Try and get cash and wait for interest rates to rise. We have to pay for this billion dollar war, and when the Gov starts borrowing it squeezes you and me out of the market, so the rates go up. Then buy bonds. And sit back and rake in the dough.

Anonymous said...

Rumor and humor or Wallstreet facts? Twilight zone...

Anonymous said...

http://gamepolitics.com/2008/04/29/scariest-pic-you-will-see-today-or-all-week/

Anonymous said...

Are there any FACTS other than rumor an innuendo in the Gardiner case? If so, please list them so that we, as criminal defense lawyers, can analyze them instead of going on open-sourced hearsay.