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Monday, June 14, 2010

WHO'S THE MOLE? AND FUN AT FDC

UPDATE: Retired County Court Judge Henry Oppenborn has passed away. The Obit is here. Those who practiced before Judge Oppenborn remember a wonderful, warm man who was the epitome of a Judge. He was dignified, fair, and considerate of all of those who appeared before him. Judge Oppenborn was a paratrooper who had active service in the Korean war where he received the Silver Star and the Purple Heart for being wounded in battle. Judge Oppenborn was awarded the Silver Start for bravery for leading soldiers to rescue his men who were wounded and being held at an enemy stronghold.

Judge Oppenborn started every court session by inviting (not requiring) all of those who appeared in court to rise and recite the pledge of allegiance. This was not some political ploy, but the genuine act of a good man who was a real American. He risked his life for his country and served our nation and our community and we are all the better for it. Rest in peace Judge Oppenborn.

UPDATE: We neglected to mention that our own Barry Wax was elected to something important at the FACDL conference at the Motel 6 in Orlando. Barry will be responsible for keeping the lights on for the FACDL conferences. Just kidding. His service and all the time consuming work all attorneys do for FACDL and NACDL is donated and serves an important role in protecting the role of criminal defense attorneys in our system.

ALERT: RUMPOLE MAKES A MISTAKE!!!! CHECK IT OUT BELOW.


DRAMATIS PERSONAE: Attorney Brittney Horstman who was stopped from entering FDC (that's the Federal Detention Center for our state court robed readers.)
Jay Weaver- Miami Herald Reporter following a "hot" story.
Brian Tannebaum, Miami attorney; bon vivant, and current present of the statewide Florida Association of Criminal Defense Attorneys.

First- Ms. Horstman's tale of woe: She attempted to enter FDC to see her client. The metal detector went off. Ms. Horstman was wearing a bra with wired support. She was denied access to her client. Ms. Horstman removed the offending underwear and cleared the metal detector, but she was again denied entry to see her client because at FDC their motto is " We live to make you miserable." and because she was now NOT wearing the bra that caused the problem in the first place.

Just to recap for our readers who work at FDC- Ms. Horstman could not see her client because she was wearing a bra and she could not see her client when she was not wearing her bra. See how easy that is?

Anyway, Ms. Horstman sent an email on the FACDL listserve which is a system where select lawyers can chat with each other though email. Or something like that.

Mr. Weaver wrote an article (the title of this post links to the Weaver article) on Ms. Hostman's umm...double dilemma.

And then along comes our intrepid FACDL MIAMI President SABRINA PUGLISI WHO SENDS THIS EMAIL:

Here is Mr. Tannebaum's email about the Weaver article:
STRIKE THAT- THE FIRST EMAIL WAS SENT BY CURRENT PRESIDENT OF THE MIAMI FACDL SABRINA PUGLISI. THIS IS OUR FIRST MISTAKE OF THE YEAR, OCCURRING ON JUNE 13, 2010.

You may have seen the article in Saturday's Herald regarding Brittney
Horstman's bra issue at FDC the Friday before last.

First, let me assure everyone that Jay Weaver is not a member of
FACDL-Miami nor does he have access to the listserv. The reason that he had
copies of the emails from our list is because a member forwarded the emails
to him. This is not acceptable. I remind everyone that our listserv is for
members only. We should not feel that what we write is being forwarded to
Judges, prosecutors, media, etc. The board will be looking into this matter
and I will advise with further information as I have it.

Secondly, as soon as I became aware of Brittney's situation, I advised
Kathy Williams. She contacted the new warden who personally looked into the
situation. The matter was promptly resolved.

Here is Mr. Tannebaum's email on L'affair la Bra:

While I agree these emails are meant to be kept within the membership, I think we've lost that battle. Jay Weaver is a fair and ethical reporter and wrote a great story.

I've had it with this FDC issue. That Kathy Williams has to remind them monthly, quarterly, or yearly that common sense should play a role in the administration of that facility, is disgraceful. I'm tired of the meetings, phone calls and memos all in the name of treating our colleagues with a little damn respect. Sometimes diplomacy works, and sometimes it doesn't. What happened to Brittney is pathetic, and we should all make clear that this bullshit, and it is bullshit, is unacceptable.

Now whomever is our little mole, go ahead and forward this to FDC,
put it on Rumpole's blog, pass it out to your friends. If I have to wait 3 hours next time I go to see my client there, I don't really give a crap.

Rumpole says: What did we do? Why is Tannebaum taking a cheap shot at us?
We almost never reprint those charming FACDL Listserv chats which are usually something like:

"Does anyone have the Miranda cite memorized? I need it asap."
"Look it up yourself you lazy lummox."
"Can anyone cover my 8am in West Palm and my 8:30 in South Dade tomorrow?"
"Do it yourself jackass."
"Can anyone get me into Prime 112 this Friday night at 8?"
"Stop showing off."
"Did that Judge in Jacksonville overrule Marbuy v. Madison."?
"Yes."
"No"
"Please, I need to impress my girlfriend. Can you get me a table at 112.?"

You get the idea.

Anyway, Bras, moles, and defense attorneys who shed undergarments all in the name of protecting their clients. Isn't this fun?






38 comments:

Anonymous said...

brian tannenbaum takes himself very seriously.

Anonymous said...

Judge Henry Oppenborn passed away.

He was a good man.

Remember how he started court everyday with the pledge.

Most non English speaking people would just sand up, put their hand over their heart and give dumb looks.

RIP Henry.

Anonymous said...

Speaking of common sense, everyone should know that there is no such thing as a confidential list serve or group (I wish it wasn't so, but that's the reality.........nobody can or will keep secrets). If you put something in writing, you need to expect it to get out. It's that simple. And it's just not worth getting worked up about.

BTDT

South Florida Lawyers said...

The rules strike me as absurdly sexist and vague not just by definition (no "sexually suggestive or revealing" garments) but apparently in application as well.

My question is why any lawyer is subject to that type of search when visiting clients at FDC -- shouldn't officers of the court be treated somewhat differently than the regular population?

Have there been any incidents involving lawyers passing contraband to their clients at that facility?

Anonymous said...

Brian Tannenbaum is 'unacceptable'

Anonymous said...

It is interesting that Brian's first post on the list-serv as FACDL president is to trash everything and everyone in his path ... it looks like we will have an interesting year ahead with him at the helm.

Anonymous said...

It looks to me like Rumpole is getting a little thin skinned on this one or maybe he just likes reprinting e-mails that mention him by name. I'm not BT's biggest fan, but I do have to admit that he has done a good job in overseeing the list-serve, and his comment is hardly a "cheap shot."

Anonymous said...

The first missive was sent out by new FACDL-Miami President Sabrina Puglisi

Anonymous said...

Well, I guess we know that the mole-is Rumpole!

Anonymous said...

Rumpole, Tannenbaum didn't send that email (the first one) Puglesi did. And I think he was trashing fdc, not you.

Bob Pardo said...

I was honored to be a young prosecutor in Judge Oppenborn's Court. Yes, we said the Pleadge of Allegiance every morning. (And no most non-english speaking people would not give dumb looks)It was good to be reminded as prosecutors that we had to uphold the Constitition. In good faith can we say that about todays prosecutors?I leave it to you my Esteemed Colleagues to answer that question. Judge Oppenborn defended our Constitution in battle and in the Courtroom.
I for one, will mourn a great man, a great American and a great hero.
Bob Pardo

Anonymous said...

Judge Oppenborn was a great man.As a young lawyer in County Court I represented my then mother in law on a traffic ticket which was based on a radar reading.I mmediately prior to me another lawyer tried a similar case ,same cop ,same morning same rasar machine and lost. All my plans for defense went up in smoke so when the Judge called me I told him" I don't know what to do she just did everything i was going to do and lost" .He told me to ask questions and we would see what would happen after about ten minutes into questioning the cop on the details of the equipment he interrupted me and said" Counsel it's time to move to dismiss" I did the motion was granted .to this day 33 years later I still don't know the legal reason why the case was dismissed.A hero and a great American .Rest in peace gentle brave soul!
Hector Lombana

Anonymous said...

Judge Henry Oppenborn was a true gentleman. I was first assigned to his division when I was a brand new County Court prosecutor. He taught me a great deal and for that I am eternally greatful.

Anonymous said...

Miami lawyers . . . holy shit . . . what a bunch of whiny asses.

Anonymous said...

Rump
The Bra affair even made AOL news. It will be all over the net soon, The is no privacy anymore.
D.S.

Anonymous said...

Sabrina, get a grip sister. Jay Weaver wrote a cool little article.

Anonymous said...

Rumpole, international blogger of mystery - which is your true identity: whiny defender of white-collar Jewish criminals, or snarky sniper of BT? REVEAL THYSELF!

Anonymous said...

Bob Pardo - why the swipe at prosecutors in your post about Judge Oppenborn? Don't ask a rhetorical question that you don't have the guts to answer yourself.

Anonymous said...

i rememeber Judge O limping around with his total knee replacement surgery...good tall judge...we are old timers now..especially Rumpole...Go Celtics..

Anonymous said...

I too was a prosecutor in Judge Oppenborn's division.

He was a true gentleman. He was fair and kind and he was a great American.

He brought honor to the bench.

he treated the lawyers with the utmost respect. He will be missed.

Mike Catalano

bob said...

To anonymous who took a swipe at me, please feel free to call me. My office number is 305.596.7794
I would be happy to call you myself, except, you have chosen to remain anonymous. I don't believe a true statement is a swipe.
Bob Pardo

Anonymous said...

Why was my comment about Brian's name being spelled incorrectly not posted?

Anonymous said...

Did anyone read the DBR article regarding the US Supreme Court sending a federal death penalty case back down for review. It seems that the Broward criminal appellate lawyer, one Bradley Collins, failed to meet the deadline in which to file his client's papers staying his execution.

There is NOTHING like the Supremes actually calling an individual lawyer incompetent and grossly negligent! What a legacy. (And his picture on his Fl. Bar website "find a lawyer" page is quite appealing as well).

Better even - Scalia and Thomas dissented saying that the lawyer's actions on appeal were the responsibility of the defendant AND get this - if the lawyer screwed up, the condemned was just out of luck! Wow. Gotta love those guys!

Rumpole said...

send me an email and I'll tell you why. Or re-read it and ask if you'd like that entire comment to appear when someone looking to hire you Google's your name--- asshole.

Anonymous said...

Rump
Cannt believe it, but ita true; Google Attorney Bra and get 1.5 million hits. Love a Story w/ sex appeal. LOL
D.S.

Anonymous said...

Bob, you asked whether anyone can say in good faith that today's prosecutors uphold the constitution. Here's a question for you: can you in good faith say that today's prosecutors fail to uphold the constitution any less so than those from the "good old days"? You know - the days when defendants were simply convicted based on the color of their skin, without DNA/scientific evidence, and without recorded confessions? In the days before race-related jury strikes were prohibited? Why do you say you will answer the question on the phone instead of on the blog? You asked the question on the blog, you should answer it on the blog.

Anonymous said...

the supreme court has just ruled that female defense attorneys can no longer wear Bras. male defense attorneys of course still can. Damn sexist system!

Anonymous said...

To 4:01,

you failed to mention that the dissenters said that since there is no constitutional right to counsel on appeal, that the defendant should be out of luck.

Anonymous said...

sabrina ay que rico!!!!!

Anonymous said...

To 9:01:

You failed to grasp the sentiment in my posting. If youre going to kill someone, perhaps the fact that his attorney is an incompetent boob should weigh into the decision making process.

I believe in the death penalty in the right cases. Regardless, whether you have a constitutional right to an attorney on appeal is NOT the point. The point is, taking all factors into consideration, if a defendant is relying on one, shouldn't he have the right to believe that his interests are being protected and, at the very least, that THE DEADLINES WILL BE MET??? I mean we aren't talking about whether the guy is a brilliant legal author or scholar - this guy couldn't even calendar a deadline!

That's the point you self righteous asshole.

Anonymous said...

The comment about BT was a good one, no one should comment unless you know how to spell the person's name! MORON.

Anonymous said...

Pardo has a short memory. When he was a prosecuter he was a real prick, arragant and obnixious. I enjoyed kickingk his ass.

Anonymous said...

Brian Tannebaum may take himself a little too seriously. But I know him and he has been more than kind and warm to me in my dealings with him. he doesn't act like he is better than anyone, is always pleasant and has earned to the right to be a little pompous. BT, Hirsch, Catalano, etc all have a little arrogance to them. But they have earned it and are entitled to take themselves a little too seriously. Most of the commentators are bunch of whiney sissy girls for a lack of a better term.

Random Thoughts said...

1. Oppenbiorn was as nice a judge as you'll ever find
2. Jay Weaver wrote a spot on piece, get off your high horses
3. Since when does the FACDL listserv require security clearance and a non-disclosure agreement.?
4. Tannebaum is VERY picky about how his name is spelled
5. Why don't we ever see male ASAs or PDs (save sacrificial lamb Manny Alvarez) running for judge?
6. Why are we faced with a string of Leslie Rotherberg clones... Bronwyn, Glick, Brennan, Seff, Ruiz, Gordo... All from the SAO

Anonymous said...

4 bloggers in the basement?



A whine cellar.

bob said...

The reason, anonymous, that I post under my real name, is because I have the courage of my convictions. The reason I gave my phone number is because, obviously, you do not.
As for the anonymous that can't spell, I had my ass kicked as a prosecutor, by Harry Prebish, Clinton Pitts and Jose Quinon. I learned from each and every loss.
I learned to lose with class and win with dignity. Bob Pardo

Anonymous said...

what size is her bra?

Anonymous said...

Monica Gordo should never be allowed to sit on the bench.