Friday, June 25, 2010

FRIDAY NEWS

Here's the news you need heading into your penultimate July 4th weekend.

The Florida Supreme Court overturned the death sentence for one of the defendants who partook in a brutal kidnapping, rape and killing of an innocent young woman named Ana Maria Angel. Her boyfriend was also abducted, but survived being shot in the head. The Herald Article is here. The Supreme Court opinion is here. It does not mention who was on the brief for the defense.

Joel Denaro was the lead attorney for the defendant at trial.

We are not sure how we feel about this. If there was ever an argument for the death penalty, it would be the facts of this tragic case that involved depraved acts against an innocent young woman. There is nothing to celebrate here. A tragedy continues, and the wounds of the young woman's mother and family continue to get ripped open.

David O Markus with a K has all the latest on the Supreme Court's decision in the Honest Services issue. We're not sure how that's going to help us with our disorderly intoxications in Hialeah, but for those of you with white collar fraud cases in fed court, you need to read the opinion. David is ecstatic that his best-est friend on the Supreme Court was in the majority overturning the government's construction of the statute.

The 4th DCA rules for Jordan "Dr. Howard Dr Fine Dr. Howard" Breslaw and lets him use his long forgotten family name on the ballot in his erstwhile campaign for Judge in Broweird.

That's it for now. Bulletins at once. Stay tuned.




37 comments:

Anonymous said...

Everyone deserves representation, and everyone deserves a fair trial and hearing.

Joel did not do anything great in this case, but the State really screwed up by putting the witness on the stand.

The guy deserves to be shot in the head himself, but do not let him put his hands together, tie them behind his back.

Anonymous said...

Just a reminder, everyone please contact the committee members and strongly urge each member NOT to support Jeff Cynamon as the nominee for the bench:

The email list is as follows:
mromance@richmangreer.com; grd@dortalaw.com; pfreidin@fdlaw.net; manny@cc1companies.com; jk@kttlaw.com; mcghee@mcgheellc.net; marlene.quintana@gray-robinson.com; arivero@rmc-attorneys.com; daniel.schwartz@akerman.com

Anonymous said...

What's with the county court prosecutor with the mutton chops? There's also a pd (in Trawick I thinks) that has a strange Colonel Sanders goatee/mustache thing going on. Am I the only one annoyed by this?

Rumpole said...

I am honest enough to admit that I watched Laura Adams -either it was an opening or a closing- I don't remember- describe how that poor woman was executed on the side of the road, and I admit that I feel I would have no problem pulling the trigger here myself. I am not proud or happy of these feelings, but certain crimes as so repugnant that they just evoke a desire for immediate retribution, and this is one of them.

That is why we have a civilized criminal justice system. because while these feelings are eminently human, they are not how a criminal justice system should be run.

Anonymous said...

Andy Stanton won the appeal.

Anonymous said...

And Joel did a very nice job with very difficult facts.

Anonymous said...

Anyone who says Joel didn't do anything great didn't watch the case.

Joel got 3 jurors to vote against the death penalty for this despicable creature. He was amazing. I watched the penalty phase. Additionally, he filed the motion to exclude the evidence which overturned the case, and objected to preserve it.

If you are talking smack about Joel, you are just a hater. the guy is a great trial attorney.

Anonymous said...

although i agree with you, Mrs. denaro, your 12:17 post is probably not necessary for Joel to defend himself. the result of the case is enough by itself.

Anonymous said...

Denaro did a darn good job in that case--he knew that a good part of his defense was preserving the record and did a damn good job of it. He had a very shitty case from the defense side.

As for Andy Stanton, I thought he was only a so-so trial lawyer when I went up against him in the mid-90s, but he has a brilliant legal mind and is one heck of an appellate attorney. Kudos to him.

And Rumpole, while I personally support the use of the death penalty, anyone facing it is at the very least entitled to quality representation, a fair trial and fair appellate review.

Anonymous said...

223

that was not my post, it was a buddy of mines. i wouldnt post a comment like that about myself. especially about a case as difficult and as sad as this one is.

joel denaro

CAPTAIN said...

Reprinted, with permission from the Captain.

Caraballo

How much more money will we spend on death penalty cases?????

The Office of Carlos Martinez and APD Andrew Stanton handled the appeal before the Florida Supreme Court. The Court affirmed the convictions but reversed the death sentence and ordered a new sentencing hearing.

Judge William Thomas was in charge for the trial. Defense Trial Counsel were Gary Rosenberg, who was paid $130,612 and Joel Denaro, who was paid $101,251.50, according to the CJIS Docket.

Now, they will go through Phase Two, one more time.

Hey, BTDT, how about Life without Parole? Not good enough for you?

By the way, (this is for 8:23 am); who took over Judge William Thomas' division and will be the Judge in Phase Two this time?

Sarah Zabel.

Cap Out ....

Friday, June 25, 2010 11:53:00 AM

Bob Abooey said...

Joel Denaro is the best damn lawyer I've ever seen.

Rumpole said...

I could not agree more on the right to counsel. I am distinguishing my personal opinion from my professional one.

Anonymous said...

Joel Denaro is a good attorney, but far from the best attorney.

Joel's client deserves to die, and he will get the death penalty again, and this time hopefully Krazy Kathy will get someone to do the job the right way!

This is a slam dunk, Fry 'em.

Anonymous said...

Is everyone out there ignoring the fact that if Jeff Cynamon is appointed to County Court, we will have a clown on the bench, ANOTHER ONE!

Rumps, get back from Boca and chip in.

Anonymous said...

11:48 - I don't know Jeff Cynamon very well. Why shouldn't he be a judge?

Anonymous said...

No Cap, I would not be satisfied with life without parole. I'm also not satisfied with the death penalty. Caraballo (aged 42) and his scumbag friends kidnapped the victim and her boyfriend, slit the boyfriend's throat and left him for dead, repeatedly raped the victim and finally murdered her. I don't understand how you can even conceive a disposition that would be satisfactory under those facts. That said, I'd rather spend our tax dollars killing the SOB than feeding him. And, the death penalty would be a whole lot cheaper if judges would stop reversing cases like this one on penalty phase issues where someone so obviously deserves the ultimate penalty.

BTDT

old guy said...

Why would this be my penultimate 4th of July weekend? Am I going to die before the next 4th of July weekend comes around? Should I stop drinking the Kool-aid?

Anonymous said...

How come no one is talking about
Abe? Shouldn't he of all people have known that this evidence was
inadmissible? And with such good facts with an almost 100% chance of a death rec, why risk a reversible if it was at all questionable?

Funny said...

Funny article

Anonymous said...

the Abed one , as usual used overkill which caused the reversal and more delay.and why has it been 8 yrs and the co-def havent been tried?

Anonymous said...

Breaking news- we are receiving reports of a tragic accident. Real Fake Blecher was over at a neighbors house last night in the exclusive section of Perrine playing Halo 2 when a child mistakenly fired a Gluon Gun striking RFB in the back and buttocks. Multiple Gluon pellets are said to be lodged in his bowels and testicles.
RFB was airlifted to JMH where doctors have been unable to operate as no one has experience in removing Gluon pellets. Doctors have contacted Dr Askimzawa Haikudo, of the Honsure Prefecture Hospital in Osaka, Japan. Dr. Haikudo is the only known surgeon with experience in treating Gluon Gun wounds.

More news as it becomes available.

Anonymous said...

This post should be linked permanently on the front page as an example of how no matter what Rumpole writes, it turns into a peanut gallery discussion of the quality of a lawyer, discussed by a bunch of nothings.

Anonymous said...

Joel Allen Victor Denaro- AKA Joelly D.

Bats left, throws right. 5.7 in the 40.

Known associates:

William Billy Barzee A/K/A Billy the Hammer A/K/A Billy Beans;

Frank Gaviria, A/K/A Franky G, A/K/A Franky Colombo

Son of Jack Denaro A/K/A Jacky Boy.

Anonymous said...

The young prosecutor with the big sideburns is really a very nice guy and is a pleasure to work with.

Many of us over 50 had those mutton chops and hated it when our parents were so upset about them and our long hair.

I do not like the big sideburns but, who am I to complain? Who cares if a good person has long hair and long sideburns?

CATFIGHT OVER said...

BREAKING NEWS:

REGJB (June 26, 2010)
Catalano Loses Catfight With Civil Lawyer

In a decision that some would call cat gutless, the Miami-Dade State Attorney's Office declined to file criminal charges against a civil lawyer who had been alleged to tamper with a witness.

Well-known DUI lawyer Mike Catalano even wore a wire to ensnare the civil attorney into making damaging statements.

No Go Says the SAO.

Meeeeow!

Anonymous said...

In the heat of battle, mistakes are made. Abe made a big one and now that gutless Carballo has a second chance at life.

Rumpole said...

My guess is that Mr. Laeser didn't make a mistake. If you have ever seen him in trial, you know he doesn't leave anything to chance. If he called the doctor, I am sure he thought through the angles and believed it was proper to do so.

Anonymous said...

Perhaps, since he is no longer a prosecutor, he can explain to us what he was thinking. He always has a lot to say on this blog. Let's hear it Abe

Anonymous said...

Funny how newbie lawyers always believe what they read in appellate opinions, treat it like the Gospel, and think the judges are entirely predictable and always right.

I have little doubt that Abe was certain he could do what he did and had the caselaw to back him up.

BTDT

Anonymous said...

Or perhaps because he is no longer a prosecutor he feels no need to justify himself to the peanut gallery.

Anonymous said...

Everyone makes mistakes and everyone get schooled from time to time. As good as Abe was, he fucked this one up.

Anonymous said...

BTdt

Lol. Abe is a win at all costs type. And here, he screwed the pouch yet again. More time and money wasted on an animal who should be on death row.

Anonymous said...

3:51----as anyone who has followed this blog for the past couple of years would know, I'm not a big Abe fan (to put it nicely). I've criticized him repeatedly for how he treated others during his tenure as a prosecutor. That said, he was and is an excellent attorney and appears to be mellowing (which I'm glad to see).

You can say a lot of things about him as a person, but we all have our weaknesses and we've all done stupid things at one time or another. I'm sure you could find a lot of people who don't like him, but you won't find many (if any) who would agree with your statement that he was a win at all costs type of guy (the implication of that statement is, of course, that he'd do something dishonest).

Abe has a well deserved reputation for integrity. Want an example of how far he'll go? Look at the Echevarria case.....in that case he thoroughly embarassed KFR both within and outside of the office by speaking truthfully. He did this even though he was nearing retirement and she could (and ultimately did) hurt him professionally. Give credit where it's due.

BTDT

Anonymous said...

What makes you think that the Supremes got the law right? Did you ever consider that maybe once again, they wanted to block someone from getting the death penalty and they just used this issue as their excuse?

Anonymous said...

Really 9:23 p.m.? Have you seen how many death penalty sentences they affirm? Almost all of them. It is the exceedingly rare case where the death penalty is reversed.

Anonymous said...

4:51

Joel Denaro is a great attorney not a good attorney- now try again..