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, December 03, 2009

FUN WITH EMAILS

UPDATE- TAKE OUR NEW "WHO'S RIGHT" EMAIL POLL NOW!.
<-------------------
UPDATE: As shocking as this may seem, the Broward County State Attorney's Office has given our blog a "shout-out" in their weekly newsletter, reprinting part of our post on two Broward SAO prosecutor's getting a guilty verdict in the case against Phil Davis. The Newsletter is here.
and we're mentioned on page three. We're honored, I guess. I mean, since we have the FACDL gunning for us (see below) we need friends wherever we can get them, even the apparently nice people at the Broward SAO. (Excuse us for a moment while we go bang our head against the wall for that last sentence.) On with the show:

Subtitled: Lawyers Behaving Badly: Chapter 16- The Criminal Lawyers Strike Back.

The evil Big_Firm Empire Lawyers and their henchman Paul "Vader" Cali have struck at Mike "Skywalker" Catalano and his rag-tag band of DUI and criminal lawyers who use various "Listservs" including an FACDL and a DUI one.

Cali fired this missive:

From: Calli, Paul A. [mailto:
Sent: Tuesday, December 01, 2009 10:35 AM
To:
Cc: Descalzo, Marissel
Subject: RE: FACDL-Miami FW: Victoria Mendez for CABA President

Mikey - I suppose for the same reason we have to receive your almost daily unbelievably useless emails regarding your thriving traffic ticket practice, and your long rambling self congratulatory email about your trial.

Because youre on the list serv, and members may send around one email like this, as I recall.

Be a little more collegial big shot .



The Evil Empire and their executive board of the FACDL, desperate to hold on to their crumbling email empire struck next with this veiled threat against, among others, this humble blogger!!!


TO OUR MEMBERS:
The FACDL Miami Listserv is one of the most valuable tools that we offer
our members. It is a means for a wonderful exchange of ideas. (Rumpole edits part of the email and adds "Blah blah blah blah blah...")

While we appreciate that during these exchanges there will be disagreements
between lawyers, the Listserv should not be used in an unprofessional
manner. ...blah blah blah... . However, all members should remember to be courteous and civil to their fellow colleagues.


Additionally, The Executive Board of FACDL-Miami reminds you that
the Listserv is for the exclusive use of members only.
The posts shall not
be disseminated to other organizations, government attorneys, Judges,
blogs, etc.
(Rumpole says: BLOGS??? why not? Aren't we the front line of first amendment discourse? Why attack us just because a bunch of big shot lawyers can't keep their pens in their pockets? How much did those big shots bill for those emails attacking Catalano anyway, and who did they bill? Scott Rothstein??)

This should end any further discussion on the subject.
(or else!!!!)
The Executive Board of FACDL-Miami


Somewhere along the way as Catalano was dodging phaser shots someone wrote something about lawyers having to respond to stay on the FACDL Listserv at which point, lawyers, not wanting to miss any of the hijinks occurring between Catalano and Cali, immediately started sending "keep me in" emails. like this one:


From: adavide
Sent: Wednesday, December 02, 2009 3:03 PM
To: Roberto R. Pardo;
Subject: Re: FACDL-Miami The list

not sure what's going on but please keep me on?



Thus if you're on the Listserv yesterday your in box was flooded with lawyers awakening from their post Thanksgiving slumber desperate to not be excluded from the spectators bleachers of this hoe-down hoot-n-nanny.


(Update: and we forgot- in the middle of it all was a light saber swipe at Catalano from a Listserv user named "Tom Thumb" which generated many emails pondering whether Tom Thumb was a mole infiltrating defense attorney strategizing.)


We felt compelled to publish at least some of the emails in deference to our Robed Readers, some of whom were able to view what was going on and emailed us to give our misbehaving legal brethren equal time with the Judges whose misbegotten emails were splayed across our pages much to everyone's delight.


So to summarize:

Paul Cali yelled at Mike Catalano.

Catalano responded and lawyers started choosing sides. Along the way someone said something about being removed from the Listserv after which a veritable email panic ensued with lawyers bombarding each other with emails desperate to be kept in the loop. The FACDL board took a shot at Rumpole just because they can, and we are thankful on this snowy Sierra Mountain day that we have something fun to blog about.



97 comments:

Anonymous said...

calli and catalano two rude whiny ego maniacs who are short. tough call on whose side to take.

calli wins becuase he doesnt send the incessantly self congratulatory emails that mikey c does.
What would be cool was if the two of them could be locked in an eternal cage match fight like those characters on the original star trek where half of thier faces were black half were white and frank gorshin played one of the dudes.

Jason grey do you remember that episode?

Scott Saul said...

What a mundane topic for a post.

A better use of this blog would be for this;

Can anybody get me 4 reasonably priced Phish tickets for any of the upcoming 4 dates? Don't wanna pay stupid money but still wanna go

email SAUL6262@aol.com

Rumpole said...

Scotty - I suppose for the same reason we have to receive your almost daily unbelievably useless posts, emails regarding your long rambling self congratulatory stuff. ..

Be a little more collegial big shot .

Anonymous said...

I love this from Catalano:

"Now, I am being told that these people, whoever they are, are now telling CABA members that I am anti-CABA. I have nothing bad to say about CABA and hope FACDL members who are in CABA will get that message out. I HAVE NEVER MET A CABA MEMBER I DID NOT LIKE."

Rumpole said...

You don't have to like Catalano or Cali, but your comments about either of them have to be in bounds. Call them a jerk, etc., but as you can imagine, there are some obnoxious things we won't print.

Rumpole said...

There are plenty of CABA members who not only are jerks, but are bad lawyers. The same goes for any and every group. They have to stop being so sensitive.

Anonymous said...

Rump---LOVED YOUR RESPONSE TO SCOTTY. LOL

BTDT

PS---thanks for keeping the discussions on Cali and Catalano at least somewhat sane by censoring those who would post abusive or irresponsible messages about either.

Anonymous said...

Yawn....

Anonymous said...

Calli is defintely in the right. His emails were obnozious but private. Catalano took the issue public like a whiny bitch.

Anonymous said...

http://www.miamiherald.com/459/story/1363406.html

Anonymous said...

I don't think there are any bad lawyers in the Jewish American Bar Association.

JABA rules baby!

Anonymous said...

This episode is 100% Catalano's fault.

From what was sent it is clear that Mike chose to take an e-mail that was directly sent to him by Cali and make it a public issue amongst his friends.

One, displaying a low level of class, chose to begin even more public name calling and forwarded his response to Mike to the entire FACDL List. Cali didn't do that. Cali displayed class that others showed they lacked and didn't respond publicly to point out that Mike took what should have been between them and made it public. Even more troubling is the fact that Mike can't let the think go. He has to have the last word in every discussion.

Cali probably should have toned the initial e-mail to Mike down, but Mike didn't have to go all 'Jack Thompson' on Cali. It was childish and Mike should apologize.

What say you "Captain"?

Anonymous said...

Judge Colodny- now that Michelle Spence-Jones has been defriended from Facebook, can I send you a friend request?

Or what about myspace? Or is that too 2007?

Anonymous said...

Wow business must be bad if all they do is email talking bad about each other. And now they post it on here!!!! You guys need to grow up!!!!!

Jonathan Blecher said...

Hey Scott:

I have 4 Phish tickets for new Years Eve.

But you cant have them.

Have a nice day.

JB

Anonymous said...

WHAT obnoxius things wont you print re catalano? there are so many of them its hard to know where to draw the line

Anonymous said...

hmmmm...catalano loses because he acted like a big baby...boo hoo. And lastly, CABA is special.

Rumpole said...

Trust me when I say inappropriate emails have arrived about both gentlemen.

Anonymous said...

mike catalano please get over the fact that you have to tell all of us everytime you beat a first years lawyer in county court.

have you ever tried a felony? have you ever tried a crime where good investigators did the police work, as opposed to some OT whoring DUI cop? have you ever been to federal court to handle a case?

Anonymous said...

Rump: ditto re: BTDT at 3:03

Kudos to you for preventing the losers who use anonymity to post abusive and irresponsible comments.

Cali and Catalano are known and have people who hate them, just because, and who will take cheap shots. But there are planty of us who like both of them. They are both great lawyers and good people.

Anonymous said...

Gotti walks

Anonymous said...

Whatever. Move on. This is ridiculous. Really.

Anonymous said...

CABA! CABA! CABA!

How dare you, Rumpole!

I challenge you to a duel!

Anonymous said...

This country's legal system is far from perfect.

But when you're feeling annoyed by that, at least be thankful you're not on trial for murder in Italy.

Timothy Egan, NYT: In just a few days, a verdict is expected in the trial of Amanda Knox, the 22-year-old Seattle exchange student on trial in Italy for the throat-slashing murder of her British roommate two years ago. Her ex-boyfriend, Raffaele Sollecito, is also being tried.

The trial in the Umbrian college town of Perugia has dragged on just short of a year. As this week’s closing arguments showed once again, the case has very little to do with actual evidence and much to do with the ancient Italian code of saving face.

In closing arguments, Knox was described as a “Luciferina” and “a dirty-minded she-devil.” Preposterous, made-up sexual motives were ascribed to her. One prosecutor speculated before the jury what Knox may have said to Meredith Kercher before, he claimed, forcing an orgy that resulted in her death:

“You are always behaving like a little saint. Now we will show you. Now we will make you have sex.”

Nobody alleges that Knox said this to Kercher. But prosecutors asked the jury to imagine her saying such a thing.

Anonymous said...

I am no fan of Cali. But the listserv traffic and the emails posted by Catalano indicate that Cali never wrote one abusive or irresponsible thing to or about Mike. He sent a snarky email, responding to Catalano's snarky email. And for that Tom Thumb says Catalano wrote Cali's firm? And Blecher calls him a d&#k on the listserv?

Way low rent, and out of line.

Anonymous said...

oh yeah right.....like this compares to judges fighting over fax machines! NOT!

Anonymous said...

This just further proves my point that Italian lawyers with last names that start with "C" never get along with eachother.

Anonymous said...

@ 5:34 pm - AGREED!

oy, vey

Rumpole said...

Some people think I have violated the sanctity of the FACDL Listserv by publishing this contretemps.

What say you? Rumpole- guilty or not guilty.

Anonymous said...

Fatal Attraction?

This is starting to get REALLY SCARY. Catalano solicited a public debate and JUST NOW sent this to the list serve. What is WRONG with him??? I though he wrote that he wanted this to END?

From: Michael A Catalano [mailto:mclawyer@bellsouth.net]
Sent: Thursday, December 03, 2009 6:48 PM
To: 'David Edelstein'; 'FACDL'
Subject: RE: FACDL-Miami Message from Executive Board re Listserv

I want to know who Tom Thumb is.

I was told that he is a member of our group. As a board member, I want to know who is on our list using that phony name.

Please send it to me.

Mike Catalano

Anonymous said...

Catalano is off his rocker (you said that was in bounds!)

Anonymous said...

No, No , No: not that easy.

How do you plead?

Anonymous said...

Boy is this not fun.

A bunch of people make up facts and then slander me.

Then, some actual FACDL member is allowed to slander me using a phony name and posting on the FACDL list serve that is not available to the public.

Then, Rumpole posts only some of it and it makes it look like I did something wrong when all I did was ask why I was being emailed about a CABA election when I was not a voting CABA member????

I will send Rumpole the actual emails and you all can read them and make your own decision.

For me, I think I am going to simply stop sending out DUI stuff to anyone. This is too taxing on my head.

Rumpy... will you post the entire mess and let your loyal readers know what really happened? Please do so!

One more thing, since you, Rumpy are obviously a member of FACDL, why not follow the rules and not post FACDL list serve emails?

Mike Catalano

Anonymous said...

“a dirty-minded she-devil.”

who are we talking about?

Anonymous said...

Rumpole - be objective. You posted.

Print this. Let your readers decide. Catalano is making his mark for sure. This is so strange.

From: Michael A Catalano [mailto:mclawyer@bellsouth.net]
Sent: Thursday, December 03, 2009 6:48 PM
To: 'David Edelstein'; 'FACDL'
Subject: RE: FACDL-Miami Message from Executive Board re Listserv

I want to know who Tom Thumb is.

I was told that he is a member of our group. As a board member, I want to know who is on our list using that phony name.

Please send it to me.

Mike Catalano

South Florida Lawyers said...

Sure Calli could and probably should have toned down the snark a notch, but the original Catalano email violated hornbook listserve law -- if you respond to an offtopic or annoying email to an entire listserve, it is unlikely said email will reduce the volume of crap on a listserve, and most likely will increase the volume of annoying and irrelevant email, because of obligatory responses sent to "all" and debates about which email was or was not in bounds, thereby multiplying the irrelevant and pointless off topic emails.

I believe Al Gore introduced this rule back in 1987.

Anonymous said...

Anybody with any doubts about the absolute corruption of the Italian court system should read the book "The Monster of Florence" by Douglas Preston. Preston and an Italian journalist investigated a false conviction, and, when, they discovered evidence to prove that another person had actually committed the murders in question, were themselves arrested and prosecuted by the Italian magistrate in charge of the court investigation. Only a change in governments and corresponding change in magistrate prevented the two journalists from being sentenced to prison.

Unbelievably, the same magistrate is now conducting the Amanda Knox court investigation and, true to form, has now announced that he intends to arrest Amanda Knox's father and mother for speaking out against the travesty that is the case. Preston, interviewed on the Today Show, believes that Amanda Knox has no chance of winning the trial (despite the complete lack of solid evidence and the discovery of the real murderer--who has already been convicted) but will win on appeal.

What a travesty. Hopefully, Barack and Hillary will do something to help out innocent Amanda after the sham trial is over.

Anonymous said...

Gulty and boy is this not fair.

I saw the emails. Catalano did nothing wrong and I would not be surprised if he stops sending emails that help us win cases.

All Catalano did was ask why he was sent an email encouraging him to vote in a CABA election when he was not a member? If that is obnoxious then give me a F*&^%$#@ break!

Anonymous said...

Hey, mister 5:12 post.

I have been on the Board of FACDL too and Catalano never walked out of a meeting mad.

I hate it when people make up stuff that is not true only to slander someone.

You are not telling the truth, pal!

Anonymous said...

Mr Calli is the guy who once spoke at a FACDL seminar and half the audience walked out and the remainder got into a loud fight with him.

People, people, let's be fair and honest here.

I hate this when people do this.

Obviously Calli doesn't like Mike and that is not anyone else's problem.

I have seen Mike speak too by the way and no one walks out. He actually tells good jokes but, is not half as funny as Stan Blake can be.

Anonymous said...

No. Not guilty.

Anonymous said...

What am I missing????

From: Michael A Catalano [mailto:mclawyer@bellsouth.net]
Sent: Thursday, December 03, 2009 6:48 PM
To: 'David Edelstein'; 'FACDL'
Subject: RE: FACDL-Miami Message from Executive Board re Listserv

I want to know who Tom Thumb is.

I was told that he is a member of our group. As a board member, I want to know who is on our list using that phony name.

Please send it to me.

Mike Catalano

Rumpole said...

Mike- First of all- I made you Luke Skywalker fighting the good fight against the evil empire. I am obviously on your side on this. A solo practitioner versus some big firm muckety muck? I am always on the little guy's side.

Second - send me every email you want posted. Guaranteed they go up.

Third- but then don't complain I violated the rules.
I categorically deny membership in any organization that would have me, except for the Florida bar, the International Association of Anonymous Bloggers, and The Rutherford B. Hayes Admiration Society.

"Mr. Chairman. I have not now, nor have I ever been a member of the communist party or the FACDL."

It's one reason why I don't have all the emails. I only got what was sent to me, and surprise surprise guys, the people that sent me the most emails aren't members- they wear robes. So you'd better look in house about leaks before blaming me.

Anyway- I invite Mr. Cali and Mr. Catalano and Ms. Pelosi to send me anything they want the jury of their peers to consider in this matter.

HR.

Rumpole said...

PS- removed the false comment about someone storming out of an FACDL meeting. Sorry it went up..

On the Outside said...

Rump= the real Listserv to be on is The First Circle.- made up of only the very very best criminal defense attorneys in So Florida, and you know who I mean. You have to be invited and its very private- but when you're in, you're in. I saw one guy forward Roy Black's motion to accept fees in the Willie and Sal case in which James Jay Hogan filed a motion asking that the government state whether they had any evidence that would not allow Roy to deposit what was something like a 4.5 million dollar check.

WHen you're invited into the First Circle you get access to the best of the best.

Fake Cliff Clavin said...

Rumpole, I speak with good authority that I believe the second Pennoyer v. Neff decision firmly supports the proposition that Listserv emails are private and proprietary property and as such you are liable for quadruple damages under 32 USC 688, the commonly known Listserv Blowers action. Be warned.

Anonymous said...

enough. catalano has a victim complex. let it go. this is painful.

Anonymous said...

OMG who gives a crap!? this is high school. Or broweird. even dade judges know when to stop because they are makign themselves look foolish.

Anonymous said...

So who is Catalano after? Cali? Rumpole? Th FACDL? Big Law? Pelosi? Richie Hersch?

old guy said...

OK, gentlemen, we need to settle this matter.

You have each been given a sock full of wet horse manure.

Take three steps, and turn - then have at each other.

First person with ten strikes above the waist will be declared the winner.

Anonymous said...

The office of Richard Essen,at least the service is not aware of the suggestion of his death.
Further no indication in the obits of the Herald.
Hope itb is rumor,but if not any particulars re:funeral arrangements!
Richard is a gentleman and a fine attorney.He had major criminal practice prior to starting with D.U.I.s' in 1989 or so,having litigated major federal and state
court matters in many states.

Rumpole said...

Mr. Essen has indeed passed away. We have verified his death.

Fake Robin Faber said...

Gentlemen, this is quite unseemly and it seems to me that if you have this much time on your hands I have a stack of community service projects on my desk that could use some volunteers. What say you?

Real Fake OJ Simpson prank call said...

My oh my, this is quite the tenses.

Anonymous said...

ROFL 10:52. An oldie but a goodie. You too Fake Faber. That was a hanging curve ball and you wacked it.

The Straw Buyer said...

I was at a CABA function the other night and met a Puerto Rican CABA member. What gives?

Anonymous said...

Fifty-one years after a hijacked airliner plunged into the dark waters of a Cuban bay, killing 14 people onboard, the man who has been portrayed as the lead suspect now living in Miami will not be prosecuted under federal law, unless new evidence emerges.

That is the opening paragraph of a story that is running tomorrow in the Herald. It is a sad story; for the families of the dead passengers who have to once again deal with this tragedy.

It brings back memories of my family and their move to the US nearly fifty years ago.

I recommend everyone read the story.

Fake Daily Pulp said...

Leave it to Catalano to knock Rothstein off the pages of this blog.

Anonymous said...

This is what I see- Mike Catalano is a very fine lawyer. He specializes in DUI cases, but has won other types of cases. He is very thorough in preparing his cases and challenges any and all assumptions that the state makes.

Cali writes an email and characterizes Catalano has having a "thriving ticket practice", as a way of taking a cheap shot at him. First of all- its not a cheap shot. Any lawyer working hard and making an honest living should be proud of what they do.

But is Cali's world- if you;re not a member of a big firm then you;re not really a lawyer.

I don;t really know either guy, but Cali looks like the jerk here.

Anonymous said...

@6:14 am, or Mike Catalano - thanks for more of your marketing of yourself.

Its funny. Catalano keeps stirring the pot. I guess he likes seeing his name in lights.

Oh yeah. Its Catalano....

Anonymous said...

Re 6:14 am...........you've got to be kidding me. You're judging Cali based on an e mail he sent needling Catalano? LOL

The truth is that Cali's never been one of those "I'm a big firm lawyer" types. I've known Cali since his first year as a PD (I was a prosecutor). He is a good guy; he just has a wicked sense of humor and knows how to push people's buttons.

Don't be so quick to judge people.

BTDT

PS---this is amusing, but, really, pretty silly. I can't believe how much time and space it's taken on the blog. That said, I'm glad Rump posted the e mails. The nonsense about the e mails being confidential is ridiculous. Get a clue guys. You revelled when the judges' e mails were posted and when the Ranck e mails were posted (I won't get into that again). You can't expect confidentiality and deference when you don't provide others with same.

Anonymous said...

to 6:14 am: Mikey, go back to bed. There are no DUI trials on Fridays.

Fake Richard Hersch said...

cali was a state and federal PD for 9 years.

hardly "big firm".

sounds like there's a bunch of haters out there.

Anonymous said...

cali sounds like he has anger problems. what big firm does he work for? big firms and criminal law in miami don't mix. this man seems to be self important. In a class with say.... Eiglarsh.

catalano is so full of himself that he is generally painful to be around. having said that, he is an effective trial lawyer in a motherly kinda way.

CAPTAIN said...

THE CAPTAIN REPORTS:

In case there was any doubt as to whether famed DUI attorney Richard Essen was still alive, the Herald published the obit today.

For those of you who knew and/or worked with Mr. Essen, he certainly changed the way that criminal defense attorneys practiced in DUI cases. He changed thw way the State Attorney's Office handled their cases. And he changed the laws and Admin. Rules in Tallahassee.

In case you missed it:

http://www.miamiherald.com/
news/obituaries/story/
1364849.html

Our prayers go out to his family.

Cap Out .....

Anonymous said...

In the words of Richard Hersch (to Nancy Wear on the FACDL listserv) -- "It's time to shut the F&(* up."

CAPTAIN said...

THE CAPTAIN REPORTS:

a "REAL" GJB Mess (following up on Justice Thomas and his feelings about the death penalty) .........

Sorry to distract you fine lawyers from the really important issues you have at hand, but over the course of the past five years, your tax dollars have been drained to the tune of hundreds of thousands of dollars - in just one case.

Grady Nelson was arrested in January of 2005 for First Degree Murder. A few months in to the case and the PD was off and attorney Tony Moss was appointed as a PCAC. Moss lasted 16 months, and billed the State for it, before he was replaced by the team of David Markus as first chair and Terry Lenamon as second chair.

Over the next three years, Markus and Lenamon prepared their case for trial. This is a death case, and with an opponent like ASA Susan Danelly, Markus & Lenamon had their hands full.

A ton of money has been spent on attorneys fees, expert witnesses, and all of the incidentals, court reporters, transcripts, investigators, etc.

Finally, after nearly five years in custody, Nelson's trial began before Judge Colodny on November 3, 2009. The trial proceeded through the entire month of November and then on into December until yesterday - when a detective blurted out a statement made to him by the defendant about some previous rape charge that had nothing to do with the current case.

How fast can you say "MISTRIAL".

I have not checked the current records in Tallahassee, but suffice it to say that this case will run into the hundreds of thousands of dollars in defense costs alone. Mr. Lenamon, who is no doubt a fine attorney and one of our best and most experienced capital attorneys, has billed the State in excess of $1 million dollars in just the past three years. Mr. Markus, another fine attorney, and just as experienced a capital attorney, is not far behind.

Add the fees for investigators, expert witnesses, mitigation specialists, and incidentals, and well, you get the picture. None of these $$$ includes what the State has spent with their homicide dectectives, investigators, beat officers, more than 30 witnesses being subpoenaed numerous times over the course of the last five years for Depositions, Pretrial hearings - Arthur hearings, Motion practice, etc.

And now, the case will click another year on the calendar as we head into 2010. On January 5th it will celebrate a full five years and eventually they will try this case again. And take another six weeks to try Phase One - and then, if convicted, more time to try Phase Two. And more money will be spent, by the State, and the Defense.

Where does it end - and how much money could have been saved, if this case were not a "death" case????

Cap Out ......

Anonymous said...

Captain,

I was watching part of the death trial. The fact that the guy had been arrested and was in jail for rape was something that was admitted at the beginning of the trial. The detective said the defendant was on "probation" for the charge. Since probation wasn't part of the admitted evidence, a mistrial was declared. But I ask you, how was that prejudicial if the jury already knew that the guy had that charge in the first place?

Anonymous said...

I read this whole mess and it is very, very clear that Catalano did absolutely nothing wrong.

He simply responded to rude and offensive statements that were unwarranted.

Then, Blecher (sticking up for Catalano) made it public and Catalano got hate mail.

Catalano repeatedly told everyone to forget it and not to bug Calli but, a bunch chimmed in anyway.

What you did not see is the 100+ emails back and forth supporting Catalano and telling him that the appreciated his emails the help he gives all of us on DUI cases.

You also did not see all the hate mail Calli got. Rumpole won't run that.

Then, Calli has some friend who uses a fake name on the list serve and he insults Catalano and makes up shit that is not true.

Catalano then reads the blog, is rightfully pissed that people are dishing him up and this never ends.

Simple truth. Mr. Calli was rude and offensive and owes Catalano and the entire group an apology.

Simple truth # 2: Tom Thumb will be uncovered today and boy does he owe Catalano and FACDL an apology.

It is that simple.

Anonymous said...

Regards to Cap's 10:04 post and 10:27's follow up, my humble opinion is that the Judge in the Grady Nelson case, rushed to judgment about the mistrial when a curative would have worked and that the statement was relatively harmless under the totality of the circumstances. Rush meaning, little time to mull it over, thoroughly research it, think about it, etc. Maybe a good night's sleep?

The words were of the defendant's words. I do think more of our tax payer dollars are being wasted by this move in a case of overwhelming guilt.

Anonymous said...

why does catalano hate CABA so much?

Q's Assistant (1 of 11) said...

This matter has crossed the desk of the Q and he has instructed me to state that Catalano is not at fault. That should end this.

Anonymous said...

Cali is an arrogant buzzard dropping.

Catalano is a nice guy

Fake Miller said...

I just wanted to send a quick fax!

Anonymous said...

Believe me Calli got his ass kicked when he was a county court ticket lawyer. that is the irony of mr snotty's comments re mikey c

Anonymous said...

I am not a member of FACDL but, I wonder. What good is a list serve if someone can use a fake name and post to it?

I also know the Rumpole must be a member of the list serve.

I do not know Mike or Paul but, it is very clear that Paul was rather rude and Mike tried to stop all the bickering.

Anonymous said...

Why all the strange Italian stuff?

Is that some kind of hint that Mike Catalano is of Italian heritage and therefor in the Mafia?

His name in the Bar list is: Michael Angelo Catalano.

I don't think he is in the Mafia.

CAPTAIN said...

THE CAPTAIN REPORTS:

FYI ..... That Rothstein, he must be one hell of a good lawyer.

"Disbarred lawyer Scott Rothstein made $35.7 million in 2008, according to a recent bankruptcy filing by firm trustee Herbert Stettin."

The filing also states Rothstein’s partner Stuart Rosenfeldt, the president of Rothstein Rosenfeldt Adler, earned more than $6 million last year.

CAP OUT ...

Anonymous said...

Cap - you go.

"Stu knew nothing about anything! Scotty ran it all! " - Kendall Coffee

Hmmmm - how does one earn 6 million, when their originatins and collections do not exceed one million?

Hmmmmm

real fake blecher said...

10:51 Blecher caused it all. Sure. Blame it on The Bletch.

Anonymous said...

Frank Gorshin was the best. he could play an intense creepy dude like no one since. when he talked about killing batman he sounded like he was gonna blow a money shot. we called those aliens the black and white cookie guys, and he hated the other guy cause his black side was on the left. Riddle me this rumpole, julie neumar, barbara feldon, , dianna rigg or peggy lipton. who was the hottest? who played number 2 in the tv series the prisoner, there is a connection here
Jason Grey

Anonymous said...

In sum two unlikable chaps.

I think the first poster had it right about them having a cage match fight.

David S. Markus said...

David S Markus says:

I write to correct the misstatements made in previous posts about the Grady Nelson trial that suggest that a mistrial was not warranted because the jury already knew that the defendant had a prior sexual battery conviction.
The jury never knew about Mr. Nelson's 1990 conviction for sexual battery because the the judge excluded it after a two day evidentiary hearing, and ordered that no mention be made of it in the trial unless the defendant "opened the door".
The jury did know that 30 days before the murder, Mr. Nelson had been arrested for sexual battery of the murder victim's daughter.That case was NO-ACTIONED two days before the murder. The state claimed that events related to that case motivated the murder. That case was discussed by me in opening statement.
The jury never knew about the 1990 case until the state attorney deliberately elicited it during direct exam of the homicide detective who took the defendant's statement. The jury heard that the defendant had been sentenced to state prison after violating his probation on a sexual battery charge. The State Atty provided some ridiculous explanations for why she thought that information was relevant, which the court correctly rejected.
The judge had no choice but to grant a mistrial. The caselaw is clear that it is reversible error for the jury to know that the defendant 1)was previously convicted of sex batt, 2) violated probation, and 3) went to prison. To say that the judge "rushed to judgement" is absurd. It is especially troubling to hear criticism, based on incorrect facts, of a judge who followed the law and did the right thing. How many judges would have taken the easy way out, given a "curative instruction", and let the 3 DCA do the dirty work and reverse the case a few years later?
I hope this post clears up any misconceptions about the necessity of Judge Colodny's ruling.

DSM

Anonymous said...

Rumpole, Captain and Batman, I have a question. The law states you cannot campaign inside a government building. Correct?

If you answer in the affirmative, I would direct your attention to State Attorney Joe Centorino who paraded a judicial candidate in the Government Building today in the morning.

Is Joe going to investigate himself? What will the ethics committee do? Is Kathy going to suspend of fire him? Seems to me you cannot fight corruption when you are allowing it. Joe, do you even know the law?

Anonymous said...

I think I speak for most of us when I say: ZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZ!!!!!!

Anonymous said...

The original Prisoner series had no less than 14 different "new Number 2s" but the most memorable (3 different episodes) Number 2 was Leo McKern, who later starred in "Rumpole of the Bailey" on the BBC. The recent remake of the The Prisoner on AMC only had one Number 2--the incomperable Ian McKellen--but it would have been hard to write him off the series after one episode, like the original Prisoner used to do.

Anonymous said...

More than 17 actors played Number 2. Leo McKern. Colin Gordon. Georgina Cookson. Kenneth Griffith. Patrick Cargill. Eric Portman. George Baker. Peter Wyngarde. Rachel Herbert. Mary Morris, etc.

Sir Ian McKellen played Two in the remake, but not thrilled with the remake miniseries.

CAPTAIN said...

THE CAPTAIN REPORTS:

Breaking News .....

PERUGIA, Italy (Dec. 5) --

American college student Amanda Knox was found guilty of murdering her British roommate and sentenced to 26 years in prison early Saturday after a yearlong trial that gripped Italy and drew intense media attention.

Her co-defendant, former boyfriend Raffaele Sollecito, was convicted and sentenced to 25 years.

The two also were found guilty of sexual assault in the 2007 murder of Meredith Kercher, a 21-year-old student from England.

Cap Out ....

Anonymous said...

Of course Markus, of course the persecutor 'deliberately' elicited that response, so as to knowingly jeopardize the case and cause, what, two or three months of trial to get flushed down the toilet.

Because the police who found your client with a knife and covered with blood, forced him to falsely confess to a crime he didn't commit and so the persecutor must have extracted it from the witness in a move of desperation to shore up a weak case.

Yawn.

Save the spiel for the courtroom.

Anonymous said...

Catalano is the New Jack Thompson.

His actions more than anything demonstrated that Cali was right all along.

Anonymous said...

7:35 p.m. if you are worried about campaigning in government buildings, does the capitol count? How about a sitting state rep running for judge? How does that work? "Here let us help you with your judicial campaign. Now about your vote on that upcoming house bill. . . "

Anonymous said...

To Saturday, December 05, 2009 10:18:00 AM.

There is a difference between being a candidate who has another job and is running to the actual law that deals with campaigning in a government building.

Point here is clear, if Centorino was escorting a candidate within the government center with a campaign badge on, the candidate and Centorino are both guilty of a crime and need to be prosecuted.

Why ask about something else? Such an ad hominem question.

David S Markus said...

To 9:25-

The prosecutor, when asked by the judge if she had informed the detective about the court's ruling excluding the 1990 case, never said she was surprised by the answer or that the detective had blurted it out in error. Instead,she made several legal arguments as to why the statement was admissible notwithstanding the prior court order.She thought she had a legal basis to get it in and could get away with it. The judge rejected the "legal" arguments. She did not deliberately elicit it knowing that a mistrial would occur. She elicited it thinking that she had a way to get it in. She was wrong, and as a result, we all wasted a lot of hard work. Even assuming that her argument for admission had merit, the prudent course of action, given the judge's prior ruling, would have been to go sidebar and profferred the question.

DSM

Anonymous said...

You and the ASA were there, not I, so I can only defer to your recollection of the trial events. If indeed the ASA willfully elected that strategy of eliciting something intentionally but badly misjudging as you say, whether it conflicted with a court order or the state of the law, then as an ASA of that many years, that is indeed a risky move and a slip to accidentally force a mistrial. I would expect better. Kudos to DSM for exposing such incompetence, such an ASA ought to be fired for such prosecutorial misconduct for costing this community so much money, what a joke that Dannelly is.

Anonymous said...

10:18 must be Cuntz. Welcome to our blog. Now go back to the civil blog. If you take on a former ASA, expect us to take sides again you. De La Over will also learn that lesson.

By the way, who was Centorino escorting around the building? Planas? Ruiz Cohen? Kopco?

Anonymous said...

Ex-ASA from the old days says:

I don't know if Dannelly intentionally elicited the prohibited information or not. The judge should get to the bottom of it. If the cop said it because he didn't know any better, then Dannelly is at fault for not making sure that he knew the ruling of the court. But that is an honest error that can happen to anyone that often occurs in the middle of a protracted trial like this one, particularly when you become a little lazy because the witness is an experienced detective like Aiken.
On the other hand, if she tried to pull one of her patented slime moves and it backfired, the mistrial should not end the matter. The judge should hold her in contempt and make the state attorney's office pay costs, or file a bar complaint. Otherwise, what does she care? She gets paid. There is no punishment or deterrent effect. She can try the case again. Janet Reno didn't put up with crap like this. If you caused a mistrial when she was in charge, you were explaining your actions to her the same day, and you better have had a damn good reason for them.
Under the current regime, there is no self-criticism- much easier to just blame the judge or the defense attorney. I wonder if Dannelly has even had to explain her behavior to KFR. Do you think KFR is even aware there was a mistrial, or a trial for that matter?
I am glad I got out when I did. There is no morality left in that office. I speak with great pride about my service as an ASA; it saddens me that I now feel I have to qualify it by saying I worked for Janet Reno, not KFR.

Anonymous said...

Even when you warn witnesses to avoid a subject, sometimes with no bad intent, it comes out anyway.