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Tuesday, May 13, 2008

JUDGES IN NYC MAKE A STARTLING DISCOVERY

Police Officer’s lie!

Police officers don’t lie do they? Ask any prosecutor and they will tell you police officers never lie. Most Judges in Florida feel the same way. But much like the way the water in NYC makes the bagels taste different, so must the water imbue the Judges of New York City (State and Federal) with the ability to discern when an officer has lied. And judging by a NY Times article yesterday, they lie with alacrity.

From the ARTICLE:

US District Court (and former US attorney) John Martin, Jr:This has to be one of the most blatant cases of perjury I’ve seen…[I doubt] Officer Kim Carillo has any use for the truth. She will tell it, I think, whatever way it suits her to tell it.”

US District Court Judge David Trager: “I hope you won’t darken my courtroom with this police officer’s testimony again.”

US District Judge Jed Rakoff: [A police sergeant’s testimony] “ was riddled with exaggerations…and proved unworthy of belief.”

US District Judge Laura Swain was told by a police officer that by using his flashlight he was able to see into a car through the tinted windows. Invited by the enterprising defense attorney to try it out on the car itself which was in the court garage, the Judge did, and could not see a thing.

The gist of the NY Times article was that while time and time again Judges in New York are making findings that police officers lied, little if anything is being done about it. No sanctions, no perjury investigations, no reprimands by their department, no additional training ( “please open your dictionary’s to the word ‘truth’ and repeat after me…”) no nothing.

But that’s New York.

Perhaps the same mysterious elements in the water that makes great bagels and turns Judges into accurate fact finders affects police officers in a way that makes them prevaricate.

Query: How many City Of Miami Beach Police Officers does it take to throw a defendant down a flight of stairs? None. He fell.

We urge our Robed Readers to click on the link above and read what their brethren in New York are doing. It takes courage to call a cop a liar in open court. Just how much courage does it take to deny a motion that should be granted, or send an innocent person to jail because the cop lied? That is the real question.

See You In Court, where NYC is looking more and more appealing.

22 comments:

fake jake thompson said...

To: Prez Geo Bush; Speaker Nancy Pelosi

From: Fake Jake Thompson

RE: Impeachment of Federal Judges

Dear George and Nancy:

Finally an issue the two of you can get together on. Please accept this as my formal and sworn request that you immediately begin impeachment proceedings against all Judges named in the New York Times article of Monday May 12, 2008. (Did I say happy mothers day, by the way? if not, I'm doing so now.)

As you both know, Judges are lawyers and have an affirmative duty to report malfesance and the article in the Times clearly states that these judges did nothing when they saw perjury comitted before them. Perhaps if these Judges spent less time playing video games and more time reading the ethics rules and the bible things might be a little different in Sin City, a/k/a New York.

Lets get moving on this. I'm raring to go. And while you're both at it, can you toss in an impeachment count against Judge Dava Tunis in Miami? I'd really appreciate it. I'll fill your counsel in on the details. I'm sure you will both be shocked and chagrined.

Anyway, this should be a fun way for George to serve out his term. Did I mention I'm available to serve as attorney general? Just a thought.

I hereby swear by all the wonders of the universe that every single thing written in this letter is gosh darn true.

Fake Jake Thompson, Gadfly and Esq.

Anonymous said...

Fake Jake Thompson:

How in the world do you keep coming up with this? Kudos!

Anonymous said...

cops dont lie. Ever. /s/ county court asa

Anonymous said...

1. Every judge who is a former ASA or APD knows full well that cops lie;
2. Every ASA with more than 5 years experience knows #1 is true but will not admit it publicly; and
3. subconsciously, all three of the above groups believe that cops who lie are doing society's dirty work because 99.99% of the defendants they lie about are guilty and deserve to be in prison anyway.
If you think cops lie, take a walk over to 73 West Flagler or to Family Court. The fabrications there make police officers look like Mother Theresa.

Anonymous said...

My dear yenta rumpola:

'yer missing the point- all them NY judges in the article are feds with lifetime appointments and dont have greasy, ham-fisted mobster union boss thugs scaring them half to death like our poor wittle elected state court judges would be if they called it as they saw it--

vty,

ASA who screens out the liars b4 court

Anonymous said...

Bowties for Ben. Wear your bowtie on Saturday evening.

Anonymous said...

Can you please put a stop to all of these "fake so-and-so" postings? The only people who find them amusing are the posters.

Anonymous said...

my dear yenta:

please do a spot on how Judges Tony M. and Betty B. are hometown heroes for their calling it on "spot zoning" and throwing out Miami city commission approval of the trio of towers over Vizcaya. People are going crazy out there singing their praises. On the other hand folks are looking askance, grumbling and are quick to point out that the 3rd panelist, Spencer Eig, ruled in favor of the city and mayor with whom he previously partnered on the little Elian case.

Que Vive Betty , Que Vive Tony!!!!

their images should be forever enshrined at La Hermita de Caridad (which would have been dwarfed and in the shadows of those ridiculous towers if approved).

FORMER JUDGE said...

When I was first appointed by the Governor to the bench, I was assigned to the Justice Bldg. and a Criminal Division. I had no experience in criminal court before that.

I had been raised to always show respect to teachers, parents and police officers. That was the way it was in the world back then.

When a Motion to Suppress came in front of me, I really felt a deference to the police officers that they were telling me the absolute truth. I listened to their sworn testimony and it "felt" true based upon what I had always been told as a little boy growing up - "if you ever have a problem, find a police officer and they will make things right".

Then, I would listen to the defense attorney and the defendant's sworn testimony. I remember how the defendant swore that he "never consented" to a search of his home.

The easy dilemma at the time -- while sitting on the bench -- who do I believe? The man with the badge or the impoverished low life street narcotics user/seller?

Motion denied. Defendant gets 15 year minimum mandatory sentence. Maybe I was correct in my ruling. If I was wrong, how do you live with yourself for wrongfully deciding someone's fate? Giving myself the benefit of the doubt now, it is very difficult to be a judge. Truth is rare in the halls of justice. One is never sure which side and from which attorney you are receiving 100% "truthiness" (ala stephen colbert!).

But then, in my 3rd week on the bench, I decided that i needed to "ride along" with the street narcotics unit. At first, I was most impressed with their methods. After watching one of the undercover stings, I was SHOCKED.

I saw one of the undercover officers on a bicycle go do a "buy" of crack from an individual on the street. After he did the buy, he signaled with his hat and the unmarked car I was in with another officer on "his team" took the bad guy down. Our car sped to him, the detective with a mask over his face and a badge hanging around his neck and a 9mm semiautomatic on his belt threw him against the car, handcuffed him and then proceeded to search all of his pockets removing about $200 in cash and 7 crack rocks individually placed in plastic bags.

the masked undercover officer quickly put the cash and drugs into his own pocket while looking around the area for others. To my shock, he screamed at the potential defendant and said "if I ever see you in my district again -you are going straight to prison - now get the f**k out of here!"

He got back in the car and we went on to get the next one with his partner on the bike nabbing about 4more before I left.

I was disgusted when I got home. I didn't realize until later that these 2 rogue cops were probably not turning in the cash that they accumulated and had the drugs for whatever illegal purpose they chose.

I was so sad and my entire image that 100% of the police officers whom I respected (from my parents' instructions when I was a little boy to the honorable and brave images that I always admired from movies and TV)- were not all honest and were no less criminals then the handcuffed defendants being taken to prison from the court house.

These officers were bad and were criminals themselves. I came to realize that I would no longer accept an officer's sworn testimony in my courtroom as prima facie truth.

I find it sad to believe this fact, but I accept it. Please new Judge's listen to what I have to say on this and Grant those Motion's to Suppress when your gut says that something is not kosher...PS: the majority of law enforcement folks that I met and dealt with ARE honest and care about the law, protecting the rights of others and understand their function in our society. Those officers? I have the utmost respect for.

Anonymous said...

Is there any way to find out the number of motions to suppress each judge has heard/granted during their tenure. I only ask because I know there are some judges who would believe a cop if the cop told them he could fly.

Anonymous said...

Some judges inour community have the coverage to call it correctly.Manu of the circuit court judges have done so in the past fewer county court judges have the courage,among them Slom,bloom and Shelly Schwartz.
Officers as many others inour community believe they can get away with telling lies and if not questioned continue to try to get away with whatever they can.
When judges in Florida question the veracity of witness,suggestions are made that they are acting inappropriately and such should be left up to the state or the defense.Judges must be independent,providing they continue to show impartiality.They are concerned of J.Q.C.action,public outcry,reaction from police unions and others who could concern themselves less with the truth then to benefit their particular favored sons.

Anonymous said...

FUCK THE POLICE

Anonymous said...

Let's see, only cops lie. Judges would never change the scenario for their defense attorney buddies..and we know defense attorny's would never alter the facts adn shoot..let the defendant take the stand and lie...no sanctions....and last but not least how about that lyin alibi witness..sanctions...sure. Clean up your own back yards first. The cop you accuse of lying could have been killed making that arrest. The judges and lawyers who lie..well nuff said.

Anonymous said...

Good lawyers bad lawyers.
Good judges bad judges.
Good cops bad cops.

How hard is it for people to understand?

ScottAfrica

Anonymous said...

Dear Rump:
FJT is becoming just as annoying as the real one. anything we can do about it?

Anonymous said...

Friends,

I hope you will join me on Friday, May 16, from 5:30-8 p.m., at Nikki Beach Coconut Grove, Sonesta Bayfront Hotel, 2889 McFarlane Road, Miami, FL 33133, to celebrate our victory and thank our volunteers, supporters and contributors.


I hope to see you there.

Carlos

For more information, contact us at:

Phone: 786-227-4044
Email: info@carlos2008.com
Web: www.Carlos2008.com

Anonymous said...

Judge know cops lie. Even so, they defer to them for three reasons- first, they understand the system is dependent on cops, two, they respect the tedium mingled with terror that cops face and, perhaps most importantly, Judges recognize the power of police unions.

I've heard judges at REG accept the testimony of an officer only to remark minutes later that cop was heaping bullshit upon horseshit.

Anonymous said...

Cops are human, just like the rest of us. There's good and bad everywhere. Most cops are good, honest, hard working folks, just like in any other profession. But, some lie.

This post is about as revealing as one acknowledging that 99.99% of all defendants are guilty.

Yawn. Tell us something we don't know.

Anonymous said...

Cops lie because they think it's a lesser evil than letting a person they believe to be guilty get off scot-free.

Anonymous said...

How many times have you heard a defendant said that they initially refused consent to search and changed their minds after the officers told him that they'd arrest his wife and/or take away his children and send them to DCF custody if they didn't sign the consent to search form?

Anonymous said...

I've heard testimony that goes contrary to the laws of physics! However, once you make it clear that you are not going to put up with lies, even the most mendacious cops will not lie even when they could get away with it.

Juan Mourin said...

Anyone(state or defense) who has been doing this for more than 6 months realizes that police officers fail to tell the truth far too frequently. Any judge who would knowingly turn a blind eye to this under the theory that "the ends justify the means" should not be on the bench. Prosecutors should similarly be offended by that sort of rationalization because they are also sworn to uphold our laws. Defense attorneys do not testify in hearings so I am not certain what sort of "lies" they could tell to influence the outcome. In sum, police officers are the only ones involved in the process who are sometimes emotionally invested in the outcome of a case. They are present when the arrest takes place and they(most of the time) really believe the defendant is guilty. The fact that they would be willing to lie to secure a conviction for an individual they believe to be guilty should come as no suprise. It does not make it acceptable, but at some level it is understandable. Lawyers and judges, on the other hand, are supposed to know better.