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, April 02, 2009

COVERUPS


Now that we are done with our April fools ballyhoo, we can move on to more serious events. 

Cleveland Browns wide receiver Donte Stallworth was charged by arrest warrant with DUI manslaughter and DUI. His blood alcohol level was reported to be .126, and .08 is the legal limit, even in South Beach. Chris Lyons and Dan Lurvey for the defense. 

Speaking of DUI, here's the link to the rocket scientist arrested for DUI while driving his homemade "bar stool" scooter. Kile Wygle, the defendant,  is why most of us have more job security than the average american. 

And speaking of rocket scientists, here's the NY Times link to the article in which the conviction of then Senator Ted Stevens was vacated and dismissed because the prosecutors didn't turn over exculpatory notes of interviews with witnesses. 

It turns out the prosecution's star witness told them he did about 80 bucks of work on Steven's home, instead of the 80 billion he testified to. And what were our bastions of truth and justice doing while their witness gave false testimony? The prosecutors just sat there with those blank faces the DOJ requires them to wear when they are listening to perjury. They didn't tell the defense, they didn't turn over their exculpatory notes, they didn't tell the court-they did nothing. 

And now they lost their case, their conviction, and most likely their careers. 

There's a lesson out there for all you new prosecutors. 

When you have a big case.

And your witness lies. 

And you know about. 

Remember what brought Nixon down, and for goodness sakes destroy the notes/tapes/exculpatory evidence, before you get caught. 

And speaking of coverups, here's the Herald article earlier in the week on the 2004 police shooting case that ASA Ranck was removed from. Memo to State Attorney Fernandle- it's been five years, do something....anything. Just come back from vacation for a few hours and make a decision. 


See You in Court.     

Exclusive: 
take the DOJ prosecutor's hiring quiz: 

So You Wanna be an AUSA?: (Excerpts printed without permission of the DOJ)    

Q 16) Ethics:  Your witness tells you that the defense attorney has contacted him and offered him money to change his testimony. You should A)Immediately tape all phone calls of the defense attorney; B) Immediately indict the defense attorney and seize all his files; C) Proceed cautiously and notify your superior and attempt to obtain an independent source who can verify the allegations.   

Q 22- Trial Tactics: 
In a high profile prosecution, you sit and watch while your star witness exaggerates his testimony, in contradiction of what he previously told you. You should:  A) Sit quietly. After all, it's up to the jury and not you. (answer approved by Mike Satz, Broward State Attorney.) B) Destroy your notes and disavow any knowledge of the perjury; C) Immediately turn over your notes to the defense, and request a short delay in the case while you review your options with your supervisor.    

If you answered "C" to any question, the Department of Justice appreciates your interest in working for us, but recommends you consider other interesting and exciting careers like National Park Ranger.   If you answered A or B, or better,  "both A and B", then you're the type of guy or gal we're looking for. 


28 comments:

word of the days guys said...

Word of the day guyz:

BALLYHOO:

a clamorous and vigorous attempt to win customers or advance any cause; blatant advertising or publicity.
2. clamor or outcry.
3. a halfbeak small fish, usually used as bait-, Hemiramphus brasiliensis, inhabiting both sides of the Atlantic Ocean.

fake country dave said...

Damn...I wanted to be first.

Anonymous said...

Ausa= ethical? That's funny. Makes it even sweeter when you beat em

Ferundle do something? Only if it's her kid jacking a minivan or bringing a pipe thru MIA. Genius

Anonymous said...

Mr. Wygle, no doubt an idiot, should be able to skate on this charge. Not long ago, a Newark Jury found zamboni did not qualify as a motor vehicle under the DUI statute. I doubt if this bar stool would qualify either.

Anonymous said...

With no slight to Chris Lyons, who is one of the top DUI attorneys in the Justice Building, he has his work cut out for him in defending Donte Stallworth. Normally he would have a decent argument that the victim was crossing outside of a crosswalk, but Stallworth's statements that he saw the victim and flashed his lights to warn him will make this a tough one. Donte's only hope is that somehow the blood test gets kicked.

Anonymous said...

As much as I hate Stevens, you can't deny this was the right thing to do.

Long live Brady!

Jack R Blumenfeld said...

Rump, thought you and the regulars on the blog would want to know of the passing of long time defense attorney and friend to many of us "old-timers", Barry Halpern.Services for him are Friday at noon at:
Riverside Gordon at Aventura
20955 Biscayne Blvd.
Aventura, FL 33180
305 935 3939

May he rest in peace- he earned it.



Jack R Blumenfeld

Bob said...

As I sit in my office, overlooking Biscayne Bay working on cases that never matter, I realized that we could together a pretty good Justice Building Football Team.


RB: OJ Simpson
FB: Najey Davenport (Dumptruck)
OL: Barret Robins
WR: Donte Stalworth
DE: Fred Evans
DB: Eugene Robinson
DB: Sean Taylor (Oh the Grieco affair)
DB: Antrelle Rolle
LB: Jonathan Vilam
LB: James Burgess
Coach: Dennis Erickson

We still need a QB and I'm sure Im missing many others.

Anonymous said...

the bar stool is not street legal, so why is he being charged with driving with a suspended license? It sounds like charging someone with driving with a suspended license for riding their bike, or driving their lawn mower down the street to their in-law's house.

Anonymous said...

Come on Rump. Your criticism of KFR for the alleged "coverup" is over the top. How do you and everyone else who's commented on Abe's great career and integrity continue to bash KFR on this matter when ABE HIMSELF was part of it and believes that everything was handled properly vis a vis the shooting? Some of you are so consumed with your hatred/jealousy of people that you can't seem to think straight.

BTDT

BREAKING ABC NEWS said...

WORLD WAR TWO IS ABOUT TO BEGIN, GET UNDER YOUR DESK!

Anonymous said...

Hey, BTDT

Thursday, April 02, 2009 5:39:00 PM

As a public figure I could careless what people say about me. I do however get really mad when they bash me and spell my name incorrect. If and when they stop talking (good or bad) thats when my career is over.

(s) Reality check.

Anonymous said...

I thought all the sports guys hired O'Donnell, Sharpie, Catalano,Herscha and/or Reiff?

But, I bet Chris does a very good job after all, this will be a battle of the experts and the guy with the Bently can afford good experts.

Anonymous said...

Rumpy, your link to this week's Herald article on the Ranck situation doesn't work. You been BUI? (Blogging Under the Influence?).

Anonymous said...

Hey Reality Check........if that's true then why don't you post your name?

LOL

BTDT

Rumpole said...

The link works. Always has. You've been nipping the brandy, not me.

Anonymous said...

Chris Lyons is an excellent DUI attorney. This case will put him on top. Who is KFR's selection to get beat up by Lyons?

Anonymous said...

So when it came to the exchange of presents, one can't help thinking that rather more time was devoted to the Queen's – an iPod containing video footage of her 2007 royal visit to the States – than the heap of last Christmas's unwanted DVDs with which Gordon Brown was presented on his visit to Washington last month. The Queen, in turn, gave the Obamas something that money cannot buy: a signed photograph of herself and Prince Philip. Everybody who meets the Queen keeps a record somewhere in the house – usually on prominent display.

Anonymous said...

BTDT - dude 5 years and the State
still hasn't done a close out memo?
I think a little bashing is in order. Either close out the case
as a good shooting by the cop or
prosecute, but to just sit on the
case that's absurd. Get a clue.
ScottAfrica

Anonymous said...

If the statements about him flashing lights were made before the officer "changed hats," would they be inadmissible under the accident report privilege?

Anonymous said...

catalano and hersch for stallworth gimme a break, this isnt a county court case which will be dismissed because you get alot of state continuances. In a trial neither of them are that great

Anonymous said...

The statement about the flashing lights and honking the horn were made to the lead investigator, Officer K. Millan! They were made POST MIRANDA and NOT on SCENE! They were recorded. Donte needs Chris to just beg for mercy and break the case down....But, Donte was cooperative, but of course, he was drunk! Therefore, he is a nice drunk :)

Anonymous said...

If the statements were made for the purpose of the accident investigation before it became a criminal investigation and the officer changed hands and Mirandized the defendant, they would be protected by the accident report privilege. Was that the case here? Let's see what will be in the discovery Pat Trese will give to L, L & HA.

Anonymous said...

Chris at Friday, April 03, 2009 11:51:00 AM we know thats you! Just pass the case onto Catalano he will not seek advice from the blog on his next move!

Anonymous said...

ScottAfrica.........you never saw a case that was open for years? This isn't the only case that hasn't been closed. In fact, there are plenty of others that don't involve any issue of police misconduct. Step away from CSI every once in a while....not every case gets solved (let alone in an hour).

Anonymous said...

traffic lawyers are are for the most part, are haters. the ultimate male does not hate.

the ultimate

Anonymous said...

8:07 a.m., this is not a case to be solved. This case is already "solved". All the evidence and information is in. Now KFR needs to decide what she's going to do. The issue is why hasn't she made a decision yet despite having the evidence and info for so long. Is it because she wants to avoid further friction with the police and risk having a police-backed opponent in the next election? Or is it because she wants to claim the open investigation privilege in the Ranck lawsuit? Or, is it both?

Anonymous said...

Come on now kids, Chris will do a good job on this case. The law is rather simple. He will beg for about 2years state prison and probably get it.