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

Wednesday, November 04, 2009

DOWN GOES DAVIS!!!

GUILTY!!!



Two Broward Economic Crimes prosecutors did what an army of Federal Agents and Federal Prosecutors could not do some twenty years ago when a jury today found former Judge Phil Davis guilty of nine felony counts including money laundering, fraud, organized scheme to defraud (which is a first degree felony last time we looked) and grand theft. 

A shocked and sullen looking Davis was handcuffed and led away.  Sentencing was set for January 8, 2010. 

Davis will now spend his foreseeable future in a place once unimaginable for him- the same jail he sentenced countless defendants to, while taking bribes from attorneys and snorting cocaine in his chambers. 

Karma baby. 

Here's reporter/Blogger Tim Elfrink's New Times post on the conviction. 

53 comments:

Fake Roy t gelber said...

We're gonna appeal and we're gonna win. This is not over by a long shot.

Anonymous said...

I guess eventually Karma comes a calling.

former ASA said...

I can't help but remember that many years ago I tried a case as a prosecutor before Davis of a robbery of a convenience store where a guy wore a mask. I always wanted to get a mask enhancement when you consider how tough it is to do.

Anyway, Davis was erratic throughout the whole case. The jury found the guy guilty. He had a mess of priors and was from a notorious crime family in Goulds where lots of the brothers and cousins were locked up for murder and robbery. Davis gave the guy life and I remember the defendant screaming that one day Davis would be sent to prison and he would find him and f him up his ass.

I guess- as much as the odds at the time seemed a billion to one against it- this guy now has a chance to make good on his threat.

Whatever time he gets he will need to be in 24 hour isolation protective custody, which makes doing time twice as hard. I wonder if BB will take that into consideration? I doubt it.

Anonymous said...

Back on the KFR issue: it is well known that her office ie. Don Horn, Lorna Salomon and the rest of the peons cover up many things - not surprising to hear the news.

On the other hand, it has been known that once there is a rumor of their own being involved in anything "illegal", they don't waste their time - they will try to expose them and show the whole world that they are taking it "seriously".

KFR and the office are a complete joke.

valentina said...

Ha ha ha... The Karma baby was classic.

4:10 PM: I'm sure they are not going to lock up Davis with people he's sent to jail. But it's nice to know that most of you former A.S.A.'s enjoy fantasizing about judges like Davis, getting f-ed up the ass.

Anonymous said...

Good guess on your 14th Street Irregular who opined: "He will skate again" after watching Dvis on the stand.

Probably should have been there for the evidence, as well.

Karma Chameleon said...

"I see OJ, man and he looking scared!" "Oh my Lord, this is a' quite tenses.... now looky here..."

BabbaBooey, BabbaBooey!

What goes around comes around, Phil.

Anonymous said...

I'm so glad that the jury didn't buy the ridiculous defense that KFR was aware of what he was doing. It's bad enough that he reciprocated for her kindness in the way that he did; blaming her for his misconduct took unbelievable gall and was disgusting. Shame on him.

BTDT

former asa said...

4:33- I swear to you this happened. I think violence and sexual violence are a disgrace of our prison system and we as a society should be ashamed of the prison system we have. All I am saying is that this occurred and look what happened? Kind of weird. The fact is that Judge Davis sentenced people to prison for life (like the person I prosecuted) and as such he will never ever survive in general population.

eyeonQ said...

I can't believe I'm the first to say this.

SOMEBODY CALL THE Q!!!!!
He can win this appeal. Hands down.

eyeondoncohn said...

Davis suffered without the sure and steady hand of now Judge Don Cohn at trial. I think with the big DC the result might well have been different.

Riley Martin said...

You know what the Biavnas say on Tan: Oh Qua Tang zen wah.

Anonymous said...

"Snorting cocaine in his chambers"

The good old days!

Anonymous said...

I don't know Davis and don't wish jail or anything bad on anyone.

I write only to comment that I saw
him in the hallway this morning
with an Ipod and earbuds plugged in literally dancing while waiting for court to start.

I guess he was confidant.

Rumpole said...

I can't publish a gratuitous comment in which someone "wonders" whether a particular judge is taking bribes in his chambers. Just can't.

fake captain said...

Rump- comments are pouring in from all around the globe on todays shocking verdict:

NYC Mayor Bloomberg: I guess I thought he'd just skate by. It's been known to happen.

NJ Governor Corzine: Screw em. I've got my own problems.

FTL Attorney Scott Rothstein: Try Morocco. It's nice this time of year.

Bernie Madoff: I wish I had a trial.

Former British Prime Ministers John Major and Tony Blair: Who?

Judge Don Cohn: I'm not sure I'd have made a difference.

Former Judge Ted Mastos: hmm...(smack chomp) well, umm, they (smack) probably should have asked (chomp) for a continuance. (Smack smack).

Country Dave: Dude!

Fake Blecher: RFB is a jerk and an a-hole and......

and so on ....and so on,,,,

Anonymous said...

Rumpole
Hard as it is sometimes we have to give kudos to our robed ones. Today in calendar a clients 'friend' mouthed-off to her Honor. He got thrown out ofcourse. But more important her Honor did not find the guy in contempt, nor fine him nor take him in, nor even threatenen him w/ such. Only had him escorted out of the courtroom. It was a restrained show by the Court and much less than some of the , what word am I looking for? So Kudos to Betty B for being cool and reasonable.
DS

Former Judge Frederick Barrad said...

Oy what a goniff. The goniff gets what he gets. Oy,

Anonymous said...

Rumpole,

I find it ironic that you can't publish a comment about a sitting Judge possibly taking bribes (which was clearly sarcasm), but can publish brazen attacks on actual people in the SAO or PDO. Seems like a double standard of censorship on your blog.

Anonymous said...

on the subject of bribes, could this still be apart of the system? Is the court broom case just a guide on how not to get caught?

Anonymous said...

"organized scheme to defraud (which is a first degree felony last time we looked) and grand theft."

Case law suggest that you have to file one or the other (but not both) Grand Theft and Organized Scheme to Defraud? Someone on the defense dropped the ball by not filing to dismiss one or the other?

Rumpole said...

I'll tell you what- give me your name, and I'll write a piece that you habitually solicit prostitutes, and then when people Google your name, and the blog pops up we can tell everyone it was clearly sarcasm. Hows that going to be for you?

Rumpole said...

I agree that you can only be convicted on organized scheme or Gt- the state can file both and get a verdict on both but at sentencing, one will have to be dismissed.

Anonymous said...

Ok Rump. I see your point and how that could affect the judge in question.

Anonymous said...

Two things Rump:

1) How about posting something about Judge Peter Lopez getiin an award from the LOP last night?

2) Can't you exercise your editorial authority and just not publish the stupid "call the Q", "Shumie time", etc..., stupid stuff?

Anonymous said...

Happy Guy Fawkes Day Rumpole. Did you really run (and finish) the New York City Marathon? I didn't see your name anywhere in the official results.

valentina said...

Former A.S.A.: Okay, I believe you, I was just teasing you about the fact that you were fantasizing about Judge Davis getting f-ed in prison. I'm betting 20 bucks that by the end of this year he's going to be running the prison. Seriously, he did a hell of a job in his chambers.

Anonymous said...

Sissleman..........I totally disagree with you. The reason people come to court dressed as they do and behave as they do (with total disrespect for the system) is because the we, as a society and justice system, allow it. Until judges get serious about controlling their courtrooms, outbursts will continue. When I was a prosecutor, I watched as a defendant literally dressed down the judge in court. The bailiff removed the defendant. The defendant came back and yelled some more. The other defendants who watched the display became agitated and the entire morning was a fiasco. Sorry, but judges need to hold these people in contempt. Sending the message that this is acceptable behavior gets us nowhere.

Anonymous said...

Butchko will kill him at sentencing. She is heartless.

Anonymous said...

Davis derves the max. He was known to do the same when he was a judge. He should never walk the streets again.

Anonymous said...

11:24 AM: Get a life. The system is unjust. Judges are not there to monitor and control people like babysitters; they are there to interpret the law. Unfortunately, there are many judges that never had any REAL trial experience, so what do you expect from inexperience? Its societies fault for electing these people. Frankly, I don't care for judges (like Judge Cueto) who are erratic and have public outburst, that gets you nowhere except on the front page of the Miami Herald. What do you propose next? That spankings and ridiculous outbursts are fair game? Our justice system (especially here in Miami), intrinsically, is a freaking joke. So get use to it, things are not going to change.

Anonymous said...

" agree that you can only be convicted on organized scheme or Gt- the state can file both and get a verdict on both but at sentencing, one will have to be dismissed."

Question does that not pose an appeal issue when a jury is considering over charges? When it is clear one or the other can only be charged?

Faber and Diaz are pissed... said...

Rumpole you have gotta do something on all the fun in Broward. read the comments under this:

http://blogs.browardpalmbeach.com/pulp/2009/11/tobin_rothstein_firm_going_to_receiver.php

And imagine the dust up on Faber and Diaz had this email been sent by Brown:

http://jaablog.jaablaw.com/files/34726-32374/tob_blogg.pdf

Anonymous said...

12:22----you and people like you who are incapable of engaging in discussion without throwing insults are part of the problem. Contrary to what you believe, judges ARE empowered to control behavior in their courtrooms. Any lawyer who's been around for any length of time can tell you about courtrooms run by old school judges where proper decorum and legal debate was required and obtained. Many of those judges succeeded in achieving an appropriate level of civility without slamming people or yelling. That can be done again (unfortunately, that's unlikely when so many have poor attitudes and so little respect for the court/system).

Anonymous said...

12:22----ps.........what I expect next are the proper use of the judges' contempt powers in the rare cases where it's necessary. Usually, appropriate warnings solve the problem. When they don't, a contempt citation is appropriate and will.

Again, it's unfortunate that people like you can't discuss the issues without making ridiculous comments like "get a life" or suggesting that someone would recommend "spankings" or some other nonsense.

Civility starts with and belongs to us all. As does honest discussion/debate. You don't help things when you spend all of your energy slamming people and complaining. Trust me, I know. I did that for more than a decade before I realized how much harder I was making things.

CAPTAIN said...

THE CAPTAIN REPORTS:

to 11:24 am.

You have no idea what you are talking about. You are entitled to your opinion, but if you are ever elected a judge, you will be educated at judicial college.

Judge BB attended judicial college after first getting on the bench. At that college, we are taught when and how to use our power of contempt. Let's just say that, we have been advised to use it very sparingly!

Judge Butchko did exactly what she was trained and taught to do. She should be commended.

Thanks, DS, for bringing that to the attention of everyone.

Cap Out ....

crim def atty said...

to 4:10 pm, you got most of the facts right, but here is what actually happened:

The case was an Armed Robbery of a convenience store. My client was accused of using a gun and sticking up the night clerk. Total take was under $100. He had 18 prior felonies.

We went to trial and the jury found him guilty.

At sentencing, Davis gave him Life. Client decided to tell Davis how he felt about the sentence by saying to the Judge:

"You can kiss my mother-fucking black ass" .

Judge Davis responded:

That will open happen if I am in a jail cell with you.

Karma baby!

and that my friends, is the rest of the story.

Signed
Criminal Defense Attorney

Anonymous said...

While looking through the elections department web site of who is seeking to our next Judge, I am floored to find Rumpole's best friend running for Governor.

LMFAO!

You have to see it to believe it.

Anonymous said...

I didn't think you'd remember that case! Davis was a trip. And now look what happened.

Anonymous said...

"Judge BB attended judicial college after first getting on the bench. At that college, *we* are taught when and how to use our power of contempt. Let's just say that,
*we* have been advised to use it very sparingly!"

CAPTAIN IS A JUDGE?

He who must not be named for Governor said...

I just can't stop laughing.

2:15PM you made my day.

Anonymous said...

Damn that is some badass Karma.

Criminal Defense Attorney (2:03 PM): Do you remember your client's name? Maybe, somehow, we can call someone and arrange this star-crossed reunion in prison. That would be the best FML of the history of all FMLs.

Anonymous said...

Let me paraphrase a comment I could not publish: Apparently Judge Glick put Andy Rrier in the box yesterday. Anybody know what happened?

Anonymous said...

to 2:15 pm

Wholly cow! Darrin is running for Governor:

Governor Candidate
Status Primary General

Allen, Joe (DEM)
Allen, Peter L. (IDP)
Arth, Michael E. (DEM)
Behm, Karl CC (NPA)
Devine, Tim (REP)
Dockery, Paula (REP)
Giger, Herman L. (NPA)
Heeney, Ed (REP)
Kennedy, Phillip J. (DEM) Khavari, Farid A. (DEM)
Knox Sr., Anthony "Tony" (DEM) Larose, Josue (REP)
McCollum, Bill (REP)
McGillis, Darrin E. (DEM)
Reed, C. C. (NPA)
Sink, Alex (DEM)
Smith, John Wayne (LIB)
Trujillo, Lesther (NPA)

We spoke with McGillis about his filing today, (November 5, 2009), and what he thought his expectations were of getting elected, and he responded:

Well, I was hoping for another 2000ballot where they did not line up the names correctly. You see, the name immediately above me has more name recognition, and I could capitalize off of that. Clearly, I am more qualified that McCollum anyway and deserve the votes he would otherwise get.

;)

crim def. atty. said...

TO 4:37 PM

Just looked up the case and went down memory lane. Sentenced to LIFE in 1990 and the Florida Supreme Court is still getting paperwork on the case in 2009.

He is at Taylor Correctional, wherever the heck that is.

Anonymous said...

Hey R- this is the former prosecutor on the case. What was his name? I can't believe that was 1990. Wow. Time flies. Are you sure he didn't threaten to have sex with Davis? That's what I remember.

Anonymous said...

BTW- I think he's served enough time. He should get out.

crim. def. atty. said...

P

Coney, the famous Coney family. I think at one time or another half the 6th floor of DCJ had Coney's there.

Anonymous said...

Coney!!! That's right. A whole family of crooks. Really though, enough is enough. He should get out.

Anonymous said...

Cap---amusing to see a judge tell me that I don't know what I'm talking about. Very civil; nice demeanor. You apparently also are part of the problem. Why can't anyone discuss anything without attacking someone for having a different point of view? Frankly, I expected better of you.

We all have either gone through judge school or have plenty of friends who have. The instructors at judge school spend a lot of time teaching new judges how to avoid being embarassed or reversed (for example, often times new judges will be told "when in doubt on evidentiary issues at trial, rule for the defense during trial because the state doesn't appeal when it wins and can't appeal when it loses."

Regardless, just because judges reach a conclusion doesn't mean it's right. I certainly can (and do) disagree with the many of the contempt cases I've read (even if the USSC says something, that doesn't mean it's right or that I have to agree with it. Are you telling me that you don't take any positions that are contrary to what you learned at judge school or what a panel of human beings ruled?).

Anonymous said...

7:59 PM: Dude, you really do need to get a life. What the hell are you doing commenting on the blog at 8 PM???

The Captain is clearly a judge, he knows what he's talking about, he's certainly not part of "the problem," the problem here is you!

Listen, you should look into the mirror and tell yourself that you're not going to continue on this self-destructive path to “self-righteousness.”

Seriously, it's leading you nowhere ... Just a dead end at the end of the road + you sound erratic and crazy. If you can't take the heat, get the hell out of the courtroom. Go pick up flowers or something. Unruly defendants won't be disturbing you at a field of tulips and daffodils. Yes, I called you a tulip. Now, get with the program.

Anonymous said...

LOL. Nice. I'm not being self-righteous............just saying that we, as professionals who routinely look at both sides of issues, should be able to have open, honest discussions without resorting to name calling, etc. Funny that you see that as controversial or overly sensitive. Sad too.

Anonymous said...

I'm a close relative to him. I hear all the stories, but he always denied it...I am young not stupid, I can't believe he never told me the truth...