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

Tuesday, January 20, 2009

FAX MACHINE FIGHT LIVES ON

BAD COLD WEATHER APPROACHING: Temperatures to drop to the mid to upper 30's in South Florida after midnight. National weather service issues "wind chill advisory" for South Florida from 10pm tonight through 9am Wednesday.  It's currently 66 degree in Miami, wind out of the WNW gusting to 25 MPH. You know how we love to report the weather so monitor this site frequently as we report on COLD SNAP 09!!!!!


Update: 55 degrees at 8:25 pm on its way down to the low 30's. 

BREAKING NEWS: Senator Ted Kennedy suffers seizure at post inauguration luncheon. NY Times report here. 
First Course "seafood chowder" chief suspect in collapse. 


ANSWER TO TRIVIA: William Henry Harrison took the oath of office on a cold day in March. Ridiculed for his supposed lack of intellect, he felt compelled to give a two hour inaugural address, outside, without a coat or hat. He caught a cold, it turned to pneumonia, and he died a few months later, the first president to die in Office. His VP John Tyler, was at home allegedly playing marbles when he learned Harrison had died. He went to Washington, where there were no clear rules on succession. Many thought there had to be a new election. His secretary of State, Daniel Webster told Tyler that all executive decisions would be make by vote of the cabinet. Tyler told him to go to hell. Tyler remained president for three plus years. He refused to nominate a VP. The Whigs threw him out of the Whig party a few months after he became president. 

NEXT PRESIDENTIAL TRIVIA QUESTION: THIS PRESIDENT WHO SERVED TWO TERMS  TOOK THE OATH OF OFFICE TWICE. THE SECOND OATH OF OFFICE WAS GIVEN EIGHT YEARS AFTER THE FIRST OATH OF OFFICE.  WHO WAS THE PRESIDENT AND WHY THIS STRANGE OCCURRENCE OF OATHS? 





The title of the post links to the "Inside Track" column of the DBR of January 15, 2009 that reports that Judge Maria Dennis's counsel, "Diamond" Joel Hirschorn (anyone remember that nickname from the 70's-80's?) has written Governor Charlie Crist requesting he appoint a special prosecutor to investigate Judge David Miller in light of the Dade SAO's  (motto: "we prosecute almost any dumb case, unless it involves a judge") refusal to bring Judge David Miller before a jury of his frustrated fax peers. 


Let's see...what else?  Difficult Tuesday with a Monday off. Hmm..long weekend....won one of two picks on the Football games. Steelers will whup Cardinals in boring Super Bowl....hmm...anything else? 

Oh yeah. Obama sworn in as President today. Texas gets its idiot back.  



Presidential trivia:  from time to time this month we will post some presidential trivia questions in honor of the new president. 

Which president served the shortest term? Which president served his term without a vice president? This one term president was kicked out of his party shortly after assuming office. What relation does this president have to the president who served the shortest term? 

See You In Court. Twittering.   Here's an idea: I will email my name to the first Judge who Twitters us from the Bench!!!!!


33 comments:

Anonymous said...

diamond joel!
he has always been a big mouth and never in trial. i remember when the colombians fire bombed his house. he and judge dennis are perfect for one another.

eyeonshumietime said...

"I 'shumie time' do solemnly swear that I will faithfully execute the office of Shumie Time and will to the best of my ability preserve, protect, and defend the right to leave work early."

Anonymous said...

Shortest term--William Henry Harrison, served about one month if I recall correctly. The last Prez to serve without a VP was LBJ from 1963-1965.

Since I got 2 out of 3, do I get a prize?

Anonymous said...

"Oh yeah. Obama sworn in as President today. Texas gets its idiot back."

Just the reverse....."We The People" get the Idiot, and Mr. President Bush returns to Texas!

Anonymous said...

Blogging live from DC. I would like to take this moment to thank George W. Bush, yes THANK YOU! Thank You! THANK YOU! Had you not fucked up the country so badly this moment might not have been possible. Thank You, for making it next to impossible for any white man or woman to vote Republican, you are truly a hero. Mr. Bush we wish you well.

old guy said...

Why does anyone hire Joel?

He takes your money, buys his diamonds, puts on a fun show -- and then you go to prison.

No one gets acquitted, and just how much can you pay for the 'sound and fury', and still enjoy life at the government's newest Graybars Hotel?

Anonymous said...

William Henry Harrison=President who served shortest term.
John Tyler=President who served without V.P. & was kicked out of Whig party.

My g-g-grandfather was named after W.H.H. & his twin brother was named after John Tyler but their father changed his name to John Jefferson after the "great betrayel." They both eventually became Republicans and fought in the Civil War.

Anonymous said...

I am writing this while I am at work, but screw it, this makes me mad.

I laughed a bit and shook my head with a little disgust when this thing first came about. I said to my wife that there has to be more to it than a darn fax machine, there just has to be. After talking to many who are close to both Judges, I am horrified at what Judge Miller has been put through. I used to consider myself closer to Judge Dennis than David Miller, but as each of the numerous accusations that David has become subjected to turns out to be false, the behavior of Judge Dennis began to show a clear pattern of a liar, and someone who is on a destructive path to her own self destruction.

The audacity to send a letter to the Florida Governor making demands over a simple battery allegation shows the extent of the desperation. The text of the demands shows the extent of the evil and lies. I'll sum it up for you so you can see the pattern;

Maria expresses her anger at Judge Miller for various things including an accusation that David was one of four complainants in a JQC investigation that Maria was the target of.
Maria also expressed anger that David was making her look bad by volunteering to help her and the other Judges out.

Maria vocally tells co-workers of this and speaks openly of “retaliation”.

Maria orders her staff to hide the fax machine and to tell Judge Miller that it is broken.

Judge Miller inquires as to the whereabouts of the fax machine and is lied to by Maria’s staff as ordered by Judge Dennis.

Maria pretends she is not in her office, then cant take it any longer, opening the door to her chambers to confront Miller, and repeats the lies directly to Judge Miller about the fax machine being broken. Miller, who up to this time, thought the two were pretty good friends, attempts to reason with Maria as she tries to close the door. Judge Miller puts his hand on the door in an attempt to continue the conversation and there is some apparent contact as the two brush up against each other. In the statements of Judge Dennis’s own staff, Maria exaggerated her description of the event.

Maria hits the panic button ( as she has been known to do quite frequently for no reason if you ask Miami-Dade Police). The courthouse police respond and do as they always do in any similar case; Allegation made of battery, no injury, conflicting statements= no arrest. Maria pushes the issue and demands Police investigate. Detectives respond, investigate, and come to the same conclusion= no basis for charges. Maria calls Kathy’s office and demands an arrest. Kathy’s office responds and clears Judge Miller clearly stating in the memo that the events started with Judge Dennis ordering her staff to lie about the fax machine. During the investigation, many other issues with Maria Dennis come to light, but not necessarily related to the criminal side of the investigation. Specifically the statements Maria made to her co-workers about getting back at David, the orders to her staff to lie, and the clear indications of a set-up.

Maria demands that Farina take disciplinary action against Miller. It later is disclosed that Maria told friends that she has the goods on Farina and has used it in the past to get assignments she wanted. Farina, maybe unrelated, shortly thereafter announces his sudden plans to resign.

Maria is furious that nobody believes her lies, so she calls members of a certain Hispanic lawyers association and tries to use the race card. The association members look into it, and after hearing the things that we all are hearing, advise Maria it is a no go.

During all this, Maria approaches several people on three different occasions(one of whom I am close friends with) and while almost sobbing, asks if the friends can arrange a one on one meeting with Miller to put this thing behind them. Miller gets the messages and refuses each time. Now who in their right mind would want to meet with someone who is making all kinds of accusations against you. It doesn't take a lawyer to figure that one out. Maria will later have the audacity to state in the letter to Charlie Crist that it was David who tried to arrange the "OK just forget the whole thing happened" meet.

Maria has not run out of tricks yet, she calls the media and gives them the whole fabricated story. Joan Fleischmann and another reporter actually print the story. If she can't convince law enforcement, she will just assassinate Millers character via Media. I'm not sure that it worked, seems like most in the judicial circle have aligned themselves with Judge Miller ( most very openly).

One of my co-workers knows Maria’s ex husband who went through a carbon copy of the same pattern of increasingly vicious false allegations during their divorce and child custody dispute which he said were documented in the court records and of which state appointed investigators cleared him of all.

Now comes the letter to the Governor stating that the SAO is incompetent and demanding a special prosecutor for her simple battery allegation. Maria knew darn well that the case doesn't stand a chance at even getting a second look by the Governor. It was simply another brutal attack on Judge Miller's character by a sick individual. If any of Maria’s friends are listening ( if there are any left). She really needs some honest advice…. Now!

Anonymous said...

harrison was the shortest term

Anonymous said...

"to preserve public confidence in our judicial system and properly serve the ends of justice"

what a joke.

Anonymous said...

The fact that Judge Dennis is that vindictive pretty much sums up what must have gone on...perhaps the Governor should look into both judges.

Anonymous said...

Just a thought (I know just let it go), If Judge Miller pushed, assualted or whatever in Judge Dennis Chambers why can't Judge Dennis hold Judge Miller in direct contempt of Court? Yes, she would have to recuse herself and have another Judge hold the trial of direct contempt, but if true Miller was in her Chambers/Office where she Judge Dennis has jurisdiction to issue orders against those who enter. He entered her Chambers and submitted himself to her legal jurisdiction.

????????????????

Anonymous said...

The answer to the second question, coutesy of my 6 yo presidential prodigy who noticed the error in Obama's address when he said 44 people have taken this oath, Grover Cleveland, our 22nd and 24th pres.

Anonymous said...

New trivia question answer--Grover Cleveland. He was the only President elected to nonconsecutive terms. He won election to the presidency in 1888 over Jame Blaine, becoming our 22nd President. Cleveland lost to Benjamin Harrison, despite narrowly defeating Harrison in the popular vote, in the 1892 election. Cleveland then defeated Harrison in the 1896 election, becoming the 24th President.

Anonymous said...

[ Quote"Just a thought (I know just let it go), If Judge Miller pushed, assualted or whatever in Judge Dennis Chambers why can't Judge Dennis hold Judge Miller in direct contempt of Court? Yes, she would have to recuse herself and have another Judge hold the trial of direct contempt, but if true Miller was in her Chambers/Office where she Judge Dennis has jurisdiction to issue orders against those who enter. He entered her Chambers and submitted himself to her legal jurisdiction.
a
????????????????

Tuesday, January 20, 2009 2:17:00 PM "

End Quote ]

It would be like a cop arresting his/her longtime neighbor for loud music. Although it could be done, it certainly would not be prudent for the longevity of the cop's career.

I think the poster at 1:10:00pm pretty much sums up the truth behind the story. Maria's ex-husband went through hell with a very similar campaign of trumped up false allegations in rapid succession by Maria Dennis. If he didn't have a determined legal team, he would have lost everything. Although vindicated in court, he went through a horrible ordeal similar to what Miller must be going through. I'm not sure that Farina has done anything wrong, although he needs to initiate a memo to JQC in reference to everything that has come to light about Judge Dennis since her allegation.

Anonymous said...

I don't know about the divorce allegations, but I know one of Maria's co-workers who said that Maria told her she was very angry at Miller the week before the incident and hinted at retaliation. Her actions are despicable and Maria Dennis should resign to save further embarrassment to herself and to the establishment.

Anonymous said...

Did they forget to add the "Mission Accomplished" banner to President Bush's helicopter?

Anonymous said...

Maria, you spoke to a relative of mine asking if he could arrange a one on one meet with David to put this behind you, then you go and put in your letter to Governor Crist that Miller tried to arrange the meets? Do you really think people will lie for you if subpoenaed and sworn in under oath?

Anonymous said...

Hang in there David Miller. There are more than a few of us that feel what you're going through and just letting you know "We got your back".

fake alschuler said...

RUMPOLE is hilarious on Twitter.

Anonymous said...

I William Jefferson Riley Barzee do solemnly swear that I will faithfully execute the office of former federal public defender and I will to the best of my ability preserve protect and defend the higher fees all private attorneys charge for the same work I used to do as a federal public defender. So help me.

eyeonshumietime said...

Shumie Time update: nothing going on. Today. Tomorrow is another day to cut out work early.

batman said...

The calls for Maria Espinosa Dennis' resignation are more than appropriate. She has now sought the counsel of two media hounding has-beens (David Young former TV judge who has recently been canceled and Joel Hirshhorn who hasn't had a big case since Nixon was president)and brought disrepute upon the judiciary of this circuit.

Her allegations against David Miller (he of bad temper and temperament)having been disavowed by her staff and found to be without merit by Centorino (of course, if only because he is as lazy as all those special unit prosecutors)left her with the complaints that she lied to the police, the JQC and the SAO. Those lies and false accusations will be the grounds for actions by the JQC, which in all righteousness should lead to her removal. This letter to the Governor is designed to delay those JQC inquiries in the guise of a new review of the facts.

To be sure, there is blame all around, even up to Farina. However, the idea that Farina is leaving his job as Chief Judge due to some form of blackmail is absurd. Farina is stepping down because he is in his last term and has had enough of all of the prima donnas. He wants peace and quiet and an opportunity to help his successor transition. Good for him.

Ford had to end Watergate. Clinton had to end Iran-Contra. Obama has to end Iraq. The new chief judge will have to end Espinosa-gate.

Anonymous said...

That's Texas gets its VILLAGE idiot back rumpy.

Anonymous said...

Maria Dennis routinely directed her staff to lie--that's why she went through so many judicial assistants. They were directed to pretend that she was in her office when the lights were dark and she had obviously not shown up to work. She carried the dole to an entire new level. She did not even show up to calendar call, and directed her judicial assistant to handle it. She forgets that any Jqc investigation or state attorney inquiry will turn on cross-examination and her credibility, which is non-existent. A first year law student without a degree could sink her story.

Anonymous said...

The "Miller v. Espinosa" death match! How demeaning for both.

I do not always care for Miller's rulings and judicial attitude but at least you can tell thst he was an experienced and fine lawyer.

Maria Espinosa was a nothing in the SAO and had no accomplishments in private practice. Never being an accomplished lawyer shows in her judgeship.

This is why the election system has it's drawbacks

Anonymous said...

After Crist turns her down she'll ask Judge Karen, or Judge Alex, or Judge Christina, or The People's Court Judge to hear her laments. They'll say no, so then she is on to the cancelled Judge David Young in his penguin suit doing the mediation.

Anonymous said...

honestly, if I was Miller and Dennis I would meet (who cares who did what) just meet and for once put the institution that you represent first.

Continue to hate each other if you want, but for the public and the preception that must be viewed by the public meet and make up, and if either of you cannot do that, please RESIGN today!

Anonymous said...

Maria is an embarrassment to the judiciary and the legal system. She is an embarassment to Hispanics and Women by embodying and acting out some of the worst stereotypes attributed to them.Further she is a shrill and a chusma!

When the legal system and the JQC get done with her and her grandstanding lawyer she might actually have to work for a living

Maria sow the wind reap the whirlwind!

Anonymous said...

Espinoza was a lazy lawyer and sounds like a dangerous judge.

Anonymous said...

4:54pm. Quit hatin'

The White House said...

PRESIDENT BARACK OBAMA
Barack H. Obama is the 44th President of the United States.

His story is the American story — values from the heartland, a middle-class upbringing in a strong family, hard work and education as the means of getting ahead, and the conviction that a life so blessed should be lived in service to others.

With a father from Kenya and a mother from Kansas, President Obama was born in Hawaii on August 4, 1961. He was raised with help from his grandfather, who served in Patton's army, and his grandmother, who worked her way up from the secretarial pool to middle management at a bank.

After working his way through college with the help of scholarships and student loans, President Obama moved to Chicago, where he worked with a group of churches to help rebuild communities devastated by the closure of local steel plants.

He went on to attend law school, where he became the first African-American president of the Harvard Law Review. Upon graduation, he returned to Chicago to help lead a voter registration drive, teach constitutional law at the University of Chicago, and remain active in his community.

President Obama's years of public service are based around his unwavering belief in the ability to unite people around a politics of purpose. In the Illinois State Senate, he passed the first major ethics reform in 25 years, cut taxes for working families, and expanded health care for children and their parents. As a United States Senator, he reached across the aisle to pass groundbreaking lobbying reform, lock up the world's most dangerous weapons, and bring transparency to government by putting federal spending online.

He was elected the 44th President of the United States on November 4, 2008, and sworn in on January 20, 2009. He and his wife, Michelle, are the proud parents of two daughters, Malia, 10, and Sasha, 7.

Anonymous said...

John G. Roberts Jr. had a reputation as one of the most persuasive lawyers ever to argue before the Supreme Court. But in 2005, he was not able to convince a senator from Illinois that he should be confirmed as chief justice.

"There is absolutely no doubt in my mind Judge Roberts is qualified to sit on the highest court in the land," Barack Obama told his fellow senators the day after their meeting. "The problem I had is that when I examined Judge Roberts's record and history of public service, it is my personal estimation that he has far more often used his formidable skills on behalf of the strong in opposition to the weak."