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

Friday, September 25, 2009

JUDGE JULIO JIMENEZ v. STATE

The Herald has the story here of the dust up between Judge Julio Jimenez and the SAO. The title links to the article.

Jimenez sought to have the state offer Defendant Dwight Bernard PTI. Bernard was a Northwestern Highschool principal and he was accused of official misconduct in connection with the allegation that he covered up complaints that a football player was having sex with a 14 year old student.

Jimenez wrote a letter to State Attorney Fernundle requesting that the prosecution offer Bernard PTI. Talk about getting involved in plea offers!!!! We can't even get a judge to offer a withhold and this guy's lawyers have Judge Jimenez writing letters.

The letter blew up in Jimenez's face when the SAO filed a motion to recuse.

Jimenez recused himself and then said ASA Angelica Zayas had (and we're not making this up) "Stabbed me in the back."

So there you have it- just a regular day at the REGJB.

A Judge writes the State Attorney and asks for PTI because among other reasons "he has a murder trial waiting". The State Attorney says (surprise surprise) "NO".

The Judge says a not guilty verdict is "likely".

The Prosecution files a motion to recuse.

The Judge replies "You stabbed me in the back."

Is this a dagger which I see before me,
The handle toward my hand? Come, let me clutch thee;
I have thee not, and yet I see thee still.
Art thou not, fatal vision, sensible
To feeling as to sight? or art thou but
A dagger of the mind, a false creation,
Proceeding from the heat-oppressed brain?
I see thee yet, in form as palpable
As this which now I draw.
Macbeth, Act II.

See? What a normal courthouse we work in.

"Fair is foul, and foul is fair."
Macbeth, Act I.

20 comments:

Anonymous said...

was he wearing his cowboy boots?

state court

you guys are hacks

Anonymous said...

fear hacks

Anonymous said...

Julio is a true Bulls fan. You gotta love Julio. Go Canes!!!

fake stephen wright said...

Oh my Rump- a bit off topic but I need help. My two sons poured spot remover on our dog and now he's gone!!!! Please help. Any idea considered.

Anonymous said...

a judge making the state see the light should be allowed in our judicial system

Anonymous said...

Note to Obama: No one fears the French.

Anonymous said...

why would he write KFR? Just call here on the telephone and deny everything you said at a later date.

Motion to recuse denied!

Anonymous said...

Jimenez is a real judge - independent and will call it the way he sees it. Unlike most of the judges on the bench today he is not worried about politics and
pleasing everyone.

Anonymous said...

all you defense attorneys who write on this blog are bunch of whiny faggots. there is nothing wrong with the state standing up to a judge and recusing him if the judge makes it clear he cant be fair as was obvious in this case.

maybe this case is stupid but you really cant blame them for wanting jimenez off the case

go on a whine some more about how the sao fired an asa who was "reasonable" (code word for did whatever defense attorneys wanted) becuase she got caught using drugs

you defense attorneys are such whiny bithces

Kristin said...

Hey 4:34.

Post your name before you make allegations. Coward.

- Eric Matheny

Anonymous said...

Hey Eric,

I don't know who u r, but probably want to logoff your wife's google account before posting a comment...bad pic.

Just so I'm caught up, who got fired?

Anonymous said...

Judge Jimenez Rocks. He is fair man who is about the pursuit of justice and the case against the former Northwest principal is bull. PTI is more than appropriate and most of us think the case should have never been filed. KFR needs to get off her high horse and do something about the ASAs who smoke pot and snort cocaine while persecuting the community for doing the same.

Anonymous said...

lol

Anonymous said...

Yes, now I realize I was logged in to my wife's account when I posted. I apologize for the bad picture.

The point, however, is that you can post anonymously all you like, but when you make criminal accusations like this dickhead at 4:34, you need to man up and at least let us know who you are. To say that a former ASA was "caught using drugs," is more than just fodder for discussion on an internet blog. It can end a career.

If you're going to accuse an attorney of using drugs in a public forum, you better have some proof and you better sign your name. That's all.

Eric Matheny

Anonymous said...

Where are you, Rumpole? You usually delete anonymous allegations that can get into search engines and end or affect careers. Even if the name is not disclosed, the circumstances described are such that the person alluded to can be identified or, worse yet, someone fired or who resigned around the same time can be misidentified as the one allude to in the anonymous post.

Rumpole said...

Please specify exactly the comment you believe should be removed.

Anonymous said...

This is the objectionable part at the 4:34 pm post:

"go on a whine some more about how the sao fired an asa who was "reasonable" (code word for did whatever defense attorneys wanted) becuase she got caught using drugs"

Anonymous said...

Two reactions:

First, it might make a lot of sense to drug test any prosecutors who are representing the state on any possession charges. Clearly, the use of the very drugs which you claim violates the peace and dignity of the state while prosecuting some poor minority group member who has been charged in circumstances where a white person would not even have been stopped, does create issues dealing with recusal. Castigating someone for suggesting that some ASAs smoke weed as being unfounded may be true, but it is a relatively safe bet that somewhere amoung those 300 or so attorneys, some inhaling is taking place. Whether you believe that the use of weed or cocaine should be legalized or not, you surely shouldn't prosecute someone if you smoke yourself.

Second, Judge Jimenez got a raw deal on this one. Apparently, our S.A. was herself present in the courtroom for this very important case.

By recusing himself, the judge was being super-cautious. Suggesting in a plea discussion that he personally believes based on the evidence that he has seen that an acquittal will result is not grounds for disqualification where the case is to be tried to a jury. This judge is willing to try a case any day, any time, and actually looks for cases when he is slow. He also tries to resolve cases when he can. Silly him, he should simply have tried the case and maybe gotten soem good T.V. shots of him looking judicious.

The community is apparently outraged at this witch hunt, where a highly-respected principal is being persecuted in a case where the SA wants his career, an apology, and a conviction - where the principal refuses to do because he cannot without violating principle.

I have not seen any evidence that Judge Jimenez beats the State over the head at all. My view is that he is more than fair to the State. In fact, I have objected in court on more tahn one occasion when I thought he was being more than fair to the state.

I think he was ambushed, and it is to his credit that he at least was up front and told them instead of harboring ill will. In fact, if he is really pissed, and I would be if I were him, my bet is that he will step away from any case involving those folks until he believes that he will not be biased against them.

I guess we look forward to yet another proceeding before what will be about the fourth or fifth judge, but the high side is at least it will quash the view that our SA never comes to the courthouse. Joe Klock

Rumpole said...

4:51- and just whose name is associated with that comment so that if someone Googles that name that comment will appear? The simple fact of the matter is that you and I and that commentator know the reason why a particular ASA was asked to leave. And one wonders whether her personnel file has that real reason? But her name was not released to the press as being fired for having a substance abuse problem and while a large part of the criminal legal community is aware of it, it has not been publicized in the media in any form, and that includes the blog.

Anonymous said...

Truth is - Judge Jimenez WAS "Baited" and thereafter, "stabbed in the back." Before Judge Jimenez submitted the letter to Rundle, the ASA handling the case said that she had "no objection" to Judge Jimenez sending Rundle the letter. Conveniently, they used the submission of that same letter to cry foul.

As all prosecutors, criminal judges and criminal defense lawyers know, it is routine to discuss settlement negotiations in chambers and off the record. The State took those discussions, which were frank and off the record, and made them public and for the record. That's as back-stabbing as it gets.

Rundle has stepped in this one - big time. She stood on her soap-box, accusing the MNW high school principal of a crime for something which is not criminal. Clearly, Judge Jimenez (and any other sane judge with an ounce of sense) knew this and told them so (as any real criminal judge does, off the record). Because Rundle is seeking to get this guy - no matter what -she decided to seek out another judge to try to work her political magic.

It still remains true - what happens in Chambers stays in Chambers. I hope all other criminal judges take note because it can happen to you too.....