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

Tuesday, December 08, 2009

MONKEY BUSINESS

The Broward Blog gave us a shout out for reporting on PTI for DUIs. Those of you who have ever sought PTI for a client North Of the Border know it is given as often as you see a Monkey in court.

We guess the folks involved in Dade in implementing this should be applauded for their forgiving nature and steadfast belief in rehabilitation and second chances. The problem is that we keep hearing the whole thing has boiled down to how much money a certain "upset" civic organization will get per DUI to approve the program. ("Upset" as in "angry", "ticked off", or...ummm.... "mad" -get it?)


Speaking of Monkeys....
We repay the Broward Blog by reporting on their excellent coverage on perhaps the greatest South Florida Urban Legal Legend Ever (GSFULLE)- The day famed Broward Defense Attorney Kayo Morgan brought his pet money (Smooch) into a Florida Key's Courtroom on a contempt hearing.

For those of you who know Kayo or know of him, you know he is a fearless attorney. A tireless advocate for his client, Kayo backs down from no one, including judges who he thinks are treating him or his client improperly. Thus Kayo found himself in court one day in Plantation impatient to get his hearing over with quickly and return to Smooch, who was diabetic. The Judge felt Kayo was rude bordering on contemptuous and set a hearing for a motion on contempt. And then, in a move that will not long be forgotten, Kayo appeared for his hearing.....with Smooch!

The newspaper accounts have Smooch firmly planted on Kayo's shoulder as he questioned witnesses in his own defense. Kayo tells the Broward Blog here that while he did bring Smooch into court, he originally had Smooch and his secretary waiting in a car outside and when the Judge heard this, he invited Kayo to bring Smootch into court. Despite his apparent cuteness, (Smootch not Kayo) Kayo was found in contempt and sentenced to spend some time behind bars. Thus as Smooch slept comfortably in Kayo's bed that night, Kayo spent the evening in a cage. The case has a happy ending as Kayo's conviction was overturned on appeal.

The Miami Herald coverage is here. The National Enquire coverage (of course they covered it) is here.

Smooch, making a point in court better than many of our adversaries ever have.

28 comments:

Anonymous said...

Rumpole's true identity is revealed! Nice photo of you in court.

Anonymous said...

I was wondering what Judge Young was doing now that his show folded.

Anonymous said...

Rump,

You are about 2 months behind on PTI for DUIs. I gave the entire run down in the comments section a while back. Not going to repeat myself, but keeping in tradition, did you hear about this balloon boy?

Anonymous said...

Smooch has an Alex Michaelesque expression on his face.

Anonymous said...

Kayo is the best!

Rumpole said...

10:20- Very funny. 3:36- now that you mention it, I have seen Alex with a sneer similar to Smooch's- usually when speaking with an ASA in the hallway.

Anonymous said...

ESPN reports (edited down): The Univ of Tennessee NCAA investigation is centered on the use of recruiting "hostesses" who helped the program convince prep (read high school)prospects to choose Tennessee by befriending prep prospects and attending their high school games, according to the report. A running back who had made an unofficial visit to UT but was not interested in attending the school, said the hostesses brought signs to his HS game that read, "Come to Tennessee," The HS players said the hostesses were "real pretty, real nice and just real cool" and thinks they had "a lot" of influence in his teammates decision to make oral (their words)commitments to attend UT. "

In Gainsville the young ladies are called "Gator Getters."

What are they called at your Alma Maters?

CAPTAIN said...

THE CAPTAIN REPORTS:

In the news today .....

"GOD save the United States ...." Not when I'm arguing before this court says one lawyer ......

Before every oral argument in the U.S. Court of Appeals for the D.C. Circuit, a court clerk tells everyone to stand and draw attention because the court is now sitting. The opening cry ends with the line "God save the United States and this honorable court." Atheist lawyer and physician Michael Newdow doesn't want the clerk reading that line next Tuesday when a three-judge panel takes up his case.

I am curious as to the thoughts of our readers on this one.

Cap Out .....

Anonymous said...

Captain:

Religion today is no different from the mythology of long-lost civilizations and it does a lot more harm than good.

However, religion is a big part of our culture (which might be why we are so screwed up), so you gotta deal with it even if you don't believe in God.

If you doubt stories of virgin births, parting of the seas, bushes that talk while on fire, etc., fine. That shows you've got some brains and common sense. Be glad you're in America and can believe or disbelieve whatever you want.

But it ain't gonna hurt you to hear an occasional reference to God...so just deal with it.

Atheists don't have to be big mouth cry babies - just like religous people don't have to shove their stopid beliefs down other people's throats.

That lawyer who is bitching about "God save the United States" isn't just an atheist (but bravo to him for being one). He's also a plain-old whiny jerk, and his complaint does nothing to advance the First Amendment/Freedom of Religion.

Hugh said...
This comment has been removed by the author.
Anonymous said...

Rump: Please delete that last post re Allah.

David Young said...

Thanks for the interest 10:45 PM. Been taking care of a sick Uncle, traveling a bit, speaking to people about another show and just got my certification in civil mediation (family certification is pending). Also have a contract with Sirius radio. If I can help in mediating a case or two, please let me know.

Anonymous said...

I was wondering what HT Smith was doing these days.

Anonymous said...

That's the standard opening of the Supreme Court too.

Anonymous said...

David Young - you are a great guy and will find success no matter what you are doing. Good to hear an update on what you've been working on. Hope your uncle will be ok. Happy Holidays!

Anonymous said...

I love the Poll on the left about Mikey. Only one person voted. Ummmm... who could of voted for Mikey?

Anonymous said...

PLEASE REMOVE THAT F&*#ING RASCIST COMMENT AT 945 PM

TO THE POSTER - YOU GUTLESS WONDER

YOU'RE A DISGRACE AND A SMALL HUMAN BEING.

LIKE ALL THE LOSERS WHO TAKE POT SHOTS AND POST ANONYMOUSLY HERE ABOUT OTHERS.

BUT YOU ARE DISGUSTING

Anonymous said...

.All religion is primitive bullshit we should have abandoned when we learned thunder was not caused by angry gods and sickness was caused by microbes. Personally I am frightened by anyone who consults (fill in deity), when making decisions

Anonymous said...

If you wear a costume dont ask me to take you seriously. Religious garb is no different than a pirate costume.

Anonymous said...

quite frankly, i dont give a rat's ass what david young is up to. just keep him away from me, as I am not his type. as for using him as a mediator, I say no thanks. I found him rude, self-indulgent and unduly arragant when he was on the bench. he got there coursty of daddy young. I bet he has never tried a case to a jury. get lost young david.

Anonymous said...

9:45 p.m. - H.T. Smith is attempting to live off of his former glories, otherwise nothing much.

Anonymous said...

I honestly don't know what H.T. Smith is doing, as I have not seen him for some time. However, he has had a long and distinguished career both inside and outside the courtroom. As Mr. Smith has practiced both zealously and extremely ethically for a number of years, and vigorously fought for numerous causes, he has earned the right to do whatever he darn well pleases.

CAPTAIN said...

To 2:09 pm

The Captain Responds:

Thank you for your input. I guess your parents must have skipped teach you the golden rule about if you have nothing nice to say about someone then keep your mouth shut.

Good luck David. And it was nice seeing your dad recently. He looks great.

Cap Out .......

Friend of Mikey said...

Dear 11am:

you were suggesting that the one vote for "Mikey" was made by Mikey?

well you're WRONG - - it was I who voted for my friend and I assure you that I am NOT Mikey

what I can't figure out is why nobody else is voting in the poll?

Friend of Mikey

Anonymous said...

"...if you have nothing nice to say about someone then keep your mouth shut. "
Captain's Golden Rule, first announced 12/10/09
We'll see often this is invoked in the future.

Anonymous said...

Funny to see you post the "Golden Rule" now Cappy given how snappy you've been over the past month or so!

BTDT

Go UT! said...

Keith Easterwood, a veteran summer basketball coach, said that on a visit last year with his son, a football recruit, he had to ask a hostess to stop brushing her breasts against both him and his son.

He recalled saying, “Young lady, if you don’t stop doing that, we’ve got a problem.”

Easterwood said that he took a group of basketball players to a Western Kentucky football game at Tennessee this year, and that the presence of the hostesses had his players “literally reduced to blubbering idiots.”

Anonymous said...

Mediation: what a crock. Let's just have our civil clients pay $1,000.00 per case to the fund for retired judges and be done with it.