Friday, June 26, 2009

MILLER CHANGE'S HIS MIND

Judge David Miller changed his mind about the bond status of Adam Kaufman- and Aventura resident accused of killing his wife.

According to this CBS article, Judge Miller had an epiphany of sorts on Father's day, and reconvened court this week on the issue of releasing Kaufman, which he had previously refused to do. 

The ability of a professional, especially a Judge,  to ponder a difficult decision and later change his or her mind, is an admirable trait.  It bespeaks of the Judge's ability to consider and re-consider difficult decisions. Judge Miller is to be commended for taking the pre-trial incarceration of anyone, especially someone charged with crime in a high publicity case, seriously. 

Of course the prosecutors responded in the same likewise thoughtful and professional manner: They threw a fit and filed a motion for Miller to recuse himself. Very professional guys. Practice tip: You can't file a motion to recuse a judge just because you don't like the decision. 

As we informed you before: Bill Matthewman for the defense. 



Very quietly the deadline for US troops to withdraw from Iraq is this Tuesday. 

You don't hear much debate on this anymore. 


As we turn our attention to Afghanistan, you might want to pick up this new Book for beach/4th of July reading: Horse Soldiers. It's about the first CIA and special forces in Afghanistan weeks after September 11. It gives a good insight into the historically troubled and murky region which is rife with internecine rivalries that take years to even fully understand. 


Florida takes part in Operation Dry Water (an oxymoron? Sort of like "Learned Judge"?).

Basically, when you drink alcohol, you shouldn't do anything, especially drive a car or boat. 
And sitting on a couch, watching the Marlins and drinking, sounds like a good weekend to us. 

36 comments:

Anonymous said...

Rump, did u hear that judge miller reversed himself on the spray tan murder case? He listened to two full days of an Arthur hearing and ruled no bond. Then out of nowhere he alerts the media and calls for an emergency hearing, yells at the state, and sets a bond. Smells very fishy.....

Anonymous said...

What's the point of having a boat if you can't drink on it. It defeats the whole purpose.

CAPTAIN said...

THE CAPTAIN REPORTS:

Talk about royal screw-ups .....

'A BIG NO-NO': RELEASE OF SANSOM TESTIMONY ILLEGAL-- Northwest Florida Daily News,

http://www.nwfdailynews.com, June 26, 2009.

Testimony from the grand jury that indicted state Rep. Ray Sansom, Bob Richburg and Jay Odom was released to three media outlets late last week by State Attorney Willie Meggs' office. The St. Petersburg Times published that testimony on its Web site Monday [June 22]. Both actions, according to local attorney Drew Pinkerton, who has 31 years as a criminal prosecutor and defense lawyer, violate the right to privacy granted to witnesses testifying before a grand jury. State Attorney Willie Meggs has taken the blame for what he said was a mistake that allowed the testimony to be released to the Times, the Palm Beach Post and the Bay Beacon in Niceville. The testimony was on the same disc that contained other discovery items, which are public records.

Cap Out ....

Anonymous said...

At least, the U.S. Supreme Court got this one right, extending Crawford to crime lab reports:

Crime laboratory reports may not be used against criminal defendants at trial unless the analysts responsible for creating them give testimony and subject themselves to cross-examination, the Supreme Court ruled Thursday in a 5-to-4 decision.

http://www.nytimes.com/2009/06/26/us/26lab.html?_r=2&hp

http://www.supremecourtus.gov/opinions/08pdf/07-591.pdf

Anonymous said...

I think the "Father's Day revelation" and playing golf with the Defandant's aty may have helped his 'admirable trait'.

Rumpole said...

8:22- You're kidding??? Really?? That would make some story. Please tell me more. I would love to hear about that.

Anonymous said...

Miller is well known for allowing himself to be ex parte by lawyers he likes. Then he hammers the other side as if they did something wrong. Nice trait, huh? Time to rethink Rump.

CAPTAIN said...

The Captain Reports:

From the "I wanna be a former government official" category:

Former New Jersey U.S. Attorney Christopher Christie told a House subcommittee Thursday that he did nothing wrong when he steered a multimillion-dollar contract to the firm of former Attorney General John Ashcroft. He said controversy over the no-bid contract — worth as much as $52 million — has been exaggerated by Democrats looking to derail his bid as a Republican running for New Jersey governor. Telling lawmakers he had a train to catch, Christie walked out of the hearing in frustration after 2 1/2 hours.

Captain Out ....

Anonymous said...

Captain -

http://menagealaw.blogspot.com/2009/06/oh-this-is-rich.html

CAPTAIN said...

THE CAPTAIN REPORTS:

If you would like to visit the Guest Book and leave a thought to the family of Richard Hersch, please go to:

http://www.legacy.com/obituaries/
Herald/obituary.aspx?n=Patrice-Ann-Talisman&pid=128929109

Cap Out ....

CAPTAIN said...

6:07 - thanks for that

Anonymous said...

First, Miller doesn't play golf. If he did, we'd have already played.

Second, he would NEVER allow any improper communication to take place on a case.

You bitch that a judge actually gave something a second thought with constitutional issues at stake? I know him well, and without knowing anything about this case (I'm just a civil hack) I guarantee you he agonized over doing the right thing, because THAT'S WHAT HE DOES.

Get a life. Remember why we do what we do.

Anonymous said...

Sounds like a typical cry baby asa. Lose a little bond motion and try to recuse the judge

I'm guessing you got your ass kicked a lot on the playground. Grow up and play fair. This is state court, not fed court

Anonymous said...

Michael Jackson, was said to have died of Food Poison!

Yes, ME reports that they found 7 year old nuts in his mouth!

Anonymous said...

You owe the prosecutors on this case an apology, Rumpole. Immediately, without knowing anything about the judge's sudden "epiphany" or anything about the evidence in this case (which is, by the way, overwhelming; funny, the judge found that was the case two weeks ago, but suddenly changed his mind?), you call the prosecutors "babies" for getting upset about releasing a very wealthy man who can easily flee the country? Nice, especially for a defense attorney who's always talking about not judging until you hear all the facts. Oh, and by the way, the judge offered to recuse himself before the Arthur hearing due to his being good friends with the defense attorney, but suddenly thought better of it and denied the State's motion to recuse after his sudden "epiphany".

Next time think before you condemn the State without the full facts.

Rumpole said...

I am sorry 8:51 but pursuant to article IV section 6 of the defense attorney' code of conduct, I am obligated to take cheap shots at prosecutors whenever the opportunity presents itself. Nothing personal, but it is an oath I have taken.

Anonymous said...

8:51: Yes, "babies" - as if house arrest w/electronic monitoring weren't enough, the state needs to lock up an accused, who under our constitution is innocent until proven guilty by a jury of his peers. The herald says that the state didnt order dna tests and phone records because it could undermine their case. That's shady. Is that legal?

Anyway, I heard that there is more to the "fathers day epiphany." Apparently, before the 2nd bond hearing Kaufman's new appellate counsel filed a sharp tongued supplemental motion in support of bond that destroyed the state's case /credibility. Realizing that the gig was up, the state then tried to recuse at the hearing.

GB said...

rumpole is drunk. defense lawyers do that.

article VI section 8.

i like dat.

its about time that old f*^k woke up and remembered his roots.

Anonymous said...

Well pursuant to article III section 4(a). "Fuck You".

Anonymous said...

taking cheap shots at prosecutors is your obligation, huh Rump??? really nice... and not that funny... Please do us a favor, don't call us or the police next time you are a victim.

Rumpole said...

Don't threaten me. Who do I call when my client is arrested for resisting arrest with violence and has a broken nose and broken eye socket (27 year old 129 pound girl)? The police?

Who do I call when I find out the SAO didn't turn over the exculpatory DNA evidence (which happened before Judge Firtel about 9 years ago)?

Don't paint yourselves out to be the saviors of the modern day world. You're not.

You following the federal lawsuit against long time MPDP cop Jerry Davenport? Who does that girl call when she's stopped for a traffic infraction, doesn't have her registration and ends up beaten up and in handcuffs? You? You going to take that case? It's in federal court right now.

They call private attorneys who will not be bullied and threatened and who can shine the light of truth on the brutal practices of these guys that take place in deep dark places you never even think about going.

So there.

Anonymous said...

Why am I starting to see vague references in the media obliquely referring to "Jackson family advisor and Miami Attorney Freddy Moldvan"?

Did I miss something?

Rumpole said...

I just can't publish anymore articles accusing people of who I am . Your guess is wrong, and if you email me in private I can explain why. But this is damaging people and I can't do it any more. Think what you want however.

Anonymous said...

WOW! GO RUMP! You're #4 today on ABA's most popular blawgs!
Out-of-town fan...

Anonymous said...

rump at 832, that was fab.

Rumpole said...

142= are you kidding? How can I check this?

To the person sending me nasty emails- if you're so obsessed with who I am, send an email under you real name- and I will find you and then you and I can settle our differences like men. Deal?

The real meaning to this is Bullshitttttt said...

"Richard Wolfe, called the lawsuit "bulls- - t."

Note to self; when my client gets sued tell the media it's Bullshit! Classy, professional and has a real kick to it!

I'm guessing this dufus has had a bar complaint or two in the past?

Well, lo-n-behold he does:

Admonishment 04-21-2005

Source:

http://www.floridabar.org/names.nsf/0/255471C48886833E85256A830076C110?OpenDocument

New York Post Article quotes Miami laywer calling lawsuit against client Bullshit.

http://www.nypost.com/seven/06052009/news/regionalnews/5m_bronx_war_over_the_new_menudo_172646.htm

CAPTAIN said...

THE CAPTAIN REPORTS:

Rump, 1:42 was not kidding. This is from the top ten most popular blogs of the day from the ABA:

Justice Building Blog

Justice Building Blog says: "This blog is dedicated to justice building rumor, humor, and a discussion about and between the judges and lawyers who labor in the world of Miami's criminal justice."

Author: Contributors are identified as "Captain Liberty" and "Rumpole," named after English defense attorney Rumpole of the Bailey.

Blawg Related Categories: Criminal Justice • Judiciary • States • Florida

Cap Out .....

CAPTAIN said...

And Rump, out of the 314 Criminal Justice Blogs that the ABA tracks, you are number 29 all time.

Not bad, top ten percent.

(Congrats to JAABlog - the Broward Blog, which places number 15 all time).

CAPTAIN LIBERTY OUT ....

Anonymous said...

Rump, your 8:32 response doesn't justify your cheap shot at prosecutors. Bad experiences don't justify generalizations. What's your real grip with prosecutors? Did you get rejected when you applied?

Anonymous said...

1:07AM The answer is yes. Something about being over qualified.

abe laeser said...

No one who EVER applied was over-qualified.

In fact, it would have been nice if many more who deemed themselves to be over-qualified had applied to be prosecutors.

All of us in Miami-Dade would have been better off if only the best of the best had been hired. Judgments are always best when made by those most capable of making the wisest decisions.

Louie De Palma said...

Rumpole answered the "What if you are at a party and George Yoss pulls out a big spliff....." question wrong.

He had to go PD im sure of it.

Anonymous said...

Cheap shots at prosecutor aren't so bad if they're funny. Wasn't sure about the Rumpole response, but the "so there" at the end saved it. There is more to the Kaufman story. After the Arthur Hearing where the defense was she was disoriented by a spray tan and fell neck first on the magazine rack, (4 stars for effort) Miller found PEPG. Then he told the prosecutors that was difficult because he is good friends with the d atty. Then he starts ordering the State to come up with things like the lead report, DNA tests and such within a week to ten days, saying if they didn't he would let Kaufman out. Now the Father's Day thing. People can change their mind, but what is clear is this defendant with money gets a different set of rules. How many PD clients have the Judge granting motions to compel the lead report at arraignment? Think Miller was reconsidering any of their parental rights? I know it is naive to think everyone should be treated the same, but it is still infuriating to see it.

Anonymous said...

7:01 - Thank you David for your input on you.

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