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. THIS BLOG HAS BEEN CALLED "THE DEFINITIVE BLOG ON MIAMI CRIMINAL LAW" BY THE NY TIMES, THE WASHINGTON POST, THE POPE, AND DONALD TRUMP WHO ALSO ONCE SAID IT WAS "REALLY GREAT". POST YOUR COMMENTS, OR SEND RUMPOLE A PRIVATE EMAIL AT HOWARDROARK21@GMAIL.COM

Thursday, August 07, 2008

NEW FINGERPRINT TECHNOLOGY

UPDATE: This is on Markus's Federal Fight Blog, but it bears repeating here: the government has filed a bill of particulars in the Ben Kuehne case in which they essentially admit they have no direct evidence of any wrongdoing by Kuehne. And in Bush's justice department, not doing anything wrong is no defense to a criminal charge.  The law dot com article is here. 


UPDATE: OK THIS IS SCARY-  GEORGIA (the country not the state) says it shot down two Russian planes over the night. Russian tanks are rumbling towards the border and Russian Boss Putin says war has begun. 


The NY Times reports (the title links to the article) on an article in the Journal Of Science in which mass spectrometry can now identify what a fingerprint was touching prior to leaving the print.  The article details controlled experiments in which latents were left with cocaine, the explosive RDX and other chemicals. The lab was able to identify the chemical on the finger that left the print. 

The application to criminal law is obvious. And it occurs to us that the advent of new technologies which ostensibly would seem to benefit law enforcement and prosecution has been embraced and used by the criminal defense bar. Just how many hundreds of people have been exonerated by DNA? 

And that always leads us back to the point of how many people are languishing in prison who were not fortunate enough to have DNA evidence preserved in their case? 


Meanwhile,  Osama Bin Laden's driver has been sentenced to 5 1/2 years in prison.  After which he will be held as an enemy combatant for the rest of his life. Some system of justice our President has come up with.  However, you our dear readers, have full permission to go to court and reply to any outrageous plea offer with the statement that "Osama Bin Laden's driver only got  5 1/2 years judge, and they want to give my client 8 years for stealing a beer." 

OUCH A Miami Officer just shot himself in the foot. The Herald has the breaking news here. 


It's still hot. See you in court. 

PS The J..E...T...S...JETS JETS JETS traded for Brett Favre today. His first game as a Jet?  You guessed it. Against the Fins. If it wasn't for bad luck we would have no luck at all. 


16 comments:

word of da day guys said...

WORD OF THE DAY

DELTA H OR ENTHALPY

In thermodynamics and molecular chemistry, the enthalpy or heat content (denoted as H, h, or rarely as χ) is a quotient or description of thermodynamic potential of a system, which can be used to calculate the "useful" work obtainable from a closed thermodynamic system under constant pressure and entropy.

Anonymous said...

The driver should appeal. SOMEBODY CALL THE Q!!!!!

Anonymous said...

So now the Dolphins are going to sign Chad Pennington.

Where does that leave Beck? On the outside looking in as they will stick with Chad as their 3rd QB and McCowan as the backup

Secert Service Arrest Miami Man said...

Miami Man Arrested with a Hotel and Car full of Guns for Threating to Kill Obama.

http://news.yahoo.com/s/ap/20080807/ap_on_el_pr/obama_threat

word of da day guyz said...

In honor of the Olympics the word of the day guys have a lesson in a foreign language:

SHUMAI- (shoe-my) a delicious asian dumpling, usually filled with pork, chicken or seafood.

Shumie- a local lawyer, whose name has become synonymous with quitting time.

POLI SIC GUY said...

Rump= the NOVA JUDICIAL POLL IS REAL. I HAVE SEEN IT.

South Florida Lawyers said...

Remember Rump, just because he's been tried, convicted by a military jury, and sentenced by a military court, and even after completion of his sentence, it is purely discretionary on the part of the Executive as to whether -- and when -- he will be released.

Anonymous said...

Road rage led to Border Protection agent's killing, police say.

Pembroke Pines - Both men flashed the middle finger to each other as they drove in a game of chicken, one pulling in front of the other and slamming on his brakes.

The road rage that morning spilled into a post office parking lot, and a federal agent was shot dead.

James Patrick Wonder, a 65-year-old Miramar retiree, was moved to the Broward County jail Thursday afternoon on a charge of premeditated murder in the shooting death of U.S. Customs and Border Protection Agent Donald Pettit. The two men didn't know each other, but live within two miles of each other and are both described by neighbors and friends as calm, pleasant people.

Police said Tuesday morning, as the two argued in the parking lot, Wonder pulled a gun from his waistband, flicked off the safety and shot Pettit in the back of the head.

Police released new information about the case at a Thursday afternoon news conference, revealing that Pettit pulled into the parking lot after Wonder had already done so. Police couldn't say why.

Investigators said Wonder admitted shooting Pettit. Police said one of several guns recovered at his home may have been used in the shooting. Wonder had a valid concealed weapons license at the time of the shooting.

Relatives at Wonder's home declined to comment Thursday. A voice over an intercom said, "Mr. Wonder isn't home right now. We aren't answering any questions."

Police said Wonder was running late Tuesday morning for treatment at the Universal Kidney Center of Davie when he and Pettit exchanged obscene gestures along Dykes Road. Pembroke Pines Deputy Chief Mike Segarra said Wonder pulled in front of Pettit and slammed on the brakes.

When they reached the post office at Pines Boulevard, Wonder pulled into the parking lot from Dykes Road. His arrest report said Pettit continued on Dykes, turned onto Pines Boulevard and then pulled into the post office parking lot. Both men got out, argued and Pettit was shot.

An anonymous Crime Stoppers tip pointed police to the dialysis center Wednesday, where they found Wonder. Segarra said Wonder had rented a car and used oil or grease to make his hair darker than normal.

When confronted by police, Wonder came without a fight and admitted to shooting Pettit, Segarra said.

In their search for the killer, police mustered more than 500 law enforcement officers and some military equipment, including Blackhawk helicopters. Traffic in Pembroke Pines and surrounding areas ground to a halt at times, with officers looking for the suspect's vehicle and handing out fliers with a sketch of the killer.

Police defended that overwhelming response, saying officers from other agencies volunteered their time unsolicited. "All we did was put out the information and they came," said Segarra. "They came in droves to assist."

Authorities insist that Pettit was on duty when he was killed but have declined to elaborate why he had his daughter with him. Jose Castellano, spokesman for U.S. Customs and Border Protection, said that because he was on-duty, his survivors will be able to collect special death benefits. According to the U.S. Bureau of Justice Assistance, the families of public safety officers who die in the line of duty receive a check for $303,064.

Neither Wonder nor Pettit have criminal histories, according to state records. Pettit spent 20 years in the U.S. Army and 15 with the U.S. Food and Drug Administration. He joined border protection in January.

Wonder's Silver Lakes neighborhood returned to normal Thursday after being locked down the previous night. Neighbors were shocked that the mild-mannered man who has been taking care of his 92-year-old mother would be accused of killing someone. A handful of visitors trickled in and out of Wonder's peach home throughout the day without commenting.

Neighbors said he was a pleasant man who kept his Dodge Charger spotless.

"He's a nice guy. He'd help people if they had problems with their cars, like their batteries," said Staci Hains, 41.

Her husband, Mark Hains, saw Wonder get his mail the day of the killing.

"You just don't know the neighbors these days," he said. "It's just shocking."

Greg Sorrells, 60, of Lake City, said he has been friends with Wonder for 35 years.

"He's a low-key, quiet guy," Sorrells said. "I've never known him to jump out at anybody or attack anybody."

He said Wonder once worked as a police officer on the FEC railroad before he started trucking. Sorrells couldn't believe his friend would get involved in a road rage incident, much less a shooting.

"I think he probably panicked, because he's never been in that situation," Sorrells said. "He would be the last one I would see in it."

O.K., SO WHAT IS WRONG WITH THIS PICTURE:

-WONDER, A 65 YEAR OLD DIALYSIS PATIENT WITH NO CRIMINAL RECORD IS FOLLOWED INTO THE PARKING LOT BY A 52 YEAR OLD EX MILITARY, EX DEA AGENT;
-THE "VICTIM" IS "ON-DUTY" BUT DRIVING HIS UNMARKED WITH HIS 12 YEAR OLD DAUGHTER;
-THE AGENT WAS A POLYGRAPHER, WITH NO JURISDICTION TO MAKE TRAFFIC STOPS;
-POLICE HAVE "NO EXPLANATION" FOR WHY THE AGENT FOLLOWED WONDER INTO THE PARKING LOT AFTER WONDER HAS DISENGAGED FROM THEIR CONFRONTATION;
-THE AGENT HAD A GUN IN NIS POSSESSION IN THE CAR; WHERE WAS IT LOCATED IN THE CAR?
-UNDER FLORIDA'S "DEFEND YOUR GROUND" LAW, COULD THIS BE CONSIDERED SELF DEFENSE?

FAKE HENRY KISSENGER said...

Analysts said that Georgia could be trying to seize an opportune moment — with world leaders focused on the start of the 2008 Olympics in Beijing this week — to reclaim the territory. Russia also may be seeking to draw attention away from Abkhazia, where it has been under pressure to allow a settlement between pro-Russian and pro-Georgian factions, analysts said.

Richard Holbrooke, the former American ambassador to the United Nations, said that Russia’s aims in the escalating conflict were clear. “They have two goals,” he said. “To do a creeping annexation of South Ossetia and Abkhazia and, secondly, to overthrow Saakashvili, who is a tremendous thorn in their side.”

The White House spokeswoman, Dana Perino, said the Bush administration had been talking to both sides to resolve the crisis.

Anonymous said...

3:15 on a rainy Friday....too early to grab a few cold ones and call an early shumie?

Anonymous said...

What ever happened to Andy Boros and Alan Soven? Are they still seen at the Justice Bldg.?

real fake blecher said...

4;30 on a slow august friday. It's absolutely shumie time- knock off everyone.

EYEONQ said...

IM FIRST- SOMEBODY CALL THE Q!!!!!!!!!

Slimak was driving on Coral Way near Southwest 29th Avenue about 3:13 a.m. Friday when he spotted a Dodge Durango swerving from one lane to another. It then made an illegal U-turn.

The officer flashed his lights and sirens.

''He held a gold badge out of his driver's window and continued driving,'' Slimak wrote in his arrest report.

Over his speaker system, Slimak ordered him to stop. That didn't work. Finally, Viqueira pulled over, stumbled out of the car with his hands up and said he had a gun.

Ordered to the back of the car, Viqueira stumbled. His breath smelled of alcohol, his eyes were bloodshot and his words slurred, Slimak reported.

He assured Slimak he was an undercover officer ``working a case.''

EYEONQ2 said...

SCREW THAT HACK
EDWARDS NEEDS TO CALL THE Q!!!!!!!!!!!



ABC News is reporting that John Edwards, the former Senator from North Carolina and presidential candidate, “repeatedly lied during his Presidential campaign about an extramarital affair with a novice film-maker.”

ABC says that in an interview for broadcast tonight on Nightline, Mr. Edwards told ABC News correspondent Bob Woodruff he did have an affair with the woman, Rielle Hunter, but did not father her child, as has been reported by the National Enquirer. A former Edwards campaign staffer, Andrew Young, claims he is the father of Frances Quinn Hunter, who was born on Feb. 27, 2008.

Mr. Edwards, who ended his bid for the Democratic nomination in late January, told ABC that his wife, Elizabeth, and others in his family became aware of the affair in 2006. The network said that Mr. Edwards “made a point of telling Woodruff that his wife’s cancer was in remission when he began the affair with Hunter.”

the trialmaster said...

The trialmaster would walk Mr. Wonder. " a reasonable fee for a reasonable doubt".

Anonymous said...

anybody hear that Fake Alschuler is in China for Olympics and may have small part in opening ceremony?