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Monday, July 19, 2010

TEXTING

UPDATES BELOW:

Reprinted (without permission- we didn't ask, but we're sure they don't mind) from the Broward JAA Blog.

The following is an actual series of texts between an assistant public defender (in green) and an assistant state attorney (in white). From Broward, of course.



Query: Is it OK for attorneys who are opponents to text each other on their private cell phones?

We think the answer is yes. We often give our cell phone number to prosecutors and ask them to text us regarding issues that may arise during the pendency of a case. However in this circumstance it appears the ASA didn't want his/her private cell phone used in communication about cases. While it may be shocking to find out that a prosecutor in Broward of all places is uptight, attorneys have a right to privacy (See, Griswald v. Connecticut, 381 U.S. 479 (1965) ) and the prosecutor had a right to tell the PD to cut it out (although threatening to call the police was a bit much.)

UPDATE: We received this comment:

I am a Broward criminal defense attorney that is familiar with each of the parties. Trust me, I wouldn't want this particular PD bothering me on my cell phone either. Especially when the context of the texts appears to be: client gets probation when state wants more, court imposes probation, state brings up restitution, PD gloats about the successful departure sentence and the victim's comments.

The PD was once investigated for a road rage agg assault, and later pushed a female ASA into a wall when plea negotiations broke down. The ASA is a standup guy. Trust me, things aren't always as they seem.

Monday, July 19, 2010 10:28:00 PM


MORE FROM BROWEIRD:

Our friends at the JAA Broward Blog report that Judge Matt Destry, who is on the ballot this August and facing a challenge from Attorney Rob Jakovich, is busing in a load of seniors today from a local Broward Condominium, to watch an attempted arson trial that the brave judge is presiding over. The jury was picked on Monday.

This just doesn't pass Rumpole's smell test. What if the State doesn't prove it's case? Will the Judge be more or less likely to JOA the case? It's obvious that most elected officials don't get elected by promising to be "fair to criminals". "I'll be tough on crime" is what most politicians, including Judges, want their message to be.

We wouldn't want to be the defendant in this case.


Meanwhile, there will be a bunch of "altercockers" (yiddish for "old fart") sitting in the courtroom, complaining about the seats, asking for coffee, and wondering what a nice judge like that is doing in a courtroom with a "vance" (yiddish for "bedbug")

Oy Vey.








18 comments:

Anonymous said...

wow. As A Miami PD I may have some disagreements with certain of my counterparts at the SAO, but I have always given the ASA's I work against my cell phone number and they have always given me theirs. A cordial relationship benefits both sides in this business, probably that ASA is just too young to have gotten that yet--or is just a douchebag.

Anonymous said...

I am a Broward criminal defense attorney that is familiar with each of the parties. Trust me, I wouldn't want this particular PD bothering me on my cell phone either. Especially when the context of the texts appears to be: client gets probation when state wants more, court imposes probation, state brings up restitution, PD gloats about the successful departure sentence and the victim's comments.

The PD was once investigated for a road rage agg assault, and later pushed a female ASA into a wall when plea negotiations broke down. The ASA is a standup guy. Trust me, things aren't always as they seem.

Anonymous said...

i give all public defenders who wish to contact me unlimited access to my carrier pigeon "jackie reizenstein." all private attorneys get full access to my sao issued beeper. the one's i like are required to enter in a secret code after they leave there # so I will call them back within 3 days. my cell phone is reserved for playing with useless apps and useless apps only.

Anonymous said...

Maybe you should know a bit about the facts that led up to this text exchange before making any comments, douchebag! This particular APD is a complete ass to the every ASA who's been in that division. He is rude, condescending, and vindictive. Apparently, he has harassed other ASAs through their personal cell phones (which none of them have given out), over Facebook, and even going so far as to post videos or messages about their personal and family lives. The APD did not even speak with the victim in that case, he sent the message just to harass the ASA. The ASA did not give out his cell phone number to this APD, much less did so in a discovery submission (which would have been public record). The APD got the ASA's cell phone from the judge's clerk (you may recall from being a PD that they usually keep them to contact the division attorney for trials, verdicts, etc.; at least they do in Broward). The problem here is that the judge in this division is running for re-election against an opponent from the PD's office. For months this judge has let this APD do anything and get away with anything, including allowing him to get in the faces of the ASAs, screaming and yelling, threatening them, and he refuses to do anything to stop the APDs behavior. The judge's conern about getting re-elected over a member of the PD's office, and his unwillingness to maintain decorum in his courtroom, has allowed this jack-ass APD to do whatever he wants. Just another example of a judge afraid of losing his position so he lets the defense bar get away with anything they want; and a douchebag APD taking advantage of it and being the prick he is.

fake former judge said...

There were a couple of cutie asa's and pds I used to give my cell phone number to. What's so wrong with that?

Anonymous said...

Former Assistant Miami Public Defender who stalked and dominated daily here

The Public Defender in the text exchange is acting like a terd. He is attempting to taunt the ASA.
As for the Miami PD at 1007, perhaps you are too young to get what is happening here. Re read the initial text youngster.

CAPTAIN said...

THE CAPTAIN REPORTS:

The governor has interviewed the finalists for Judge Kreeger's seat. One of the following will be your next Circuit Court Judge:

Miguel de la O
Robert Galt, III
Darrin Gayles
Browyn Miller
Lisa Walsh
Deborah White-Labora

We should know the answer sometime in the next ten days. If Crist picks Gayles, Miller, Walsh, or White-Labora, then he will get a two-for-one.

Also pending is the replacement for Judge Jose Fernandez' County Court seat:

Tanya J. Brinkley
Joseph I. Davis, Jr.
Tamara Ilene Gray
Charles Johnson
Steven Lieberman
Anita Margot Moss

and Judge Esquiroz' Circuit Court seat (just announced). JNC is berry berry busy these days.

Cap Out.....

Anonymous said...

Yea, remember when then prosecutor Al "rock em sock em" Milian punched a defense attorney? Would you want HIM to have your cell number?

Some lawyers can't be trusted but, most, thankfully, can.

Anonymous said...

I've always thought we were a profession? Am I wrong? Professionals can be trusted to text and call each other on their personal communication devices. As an APD, many ASA's have my cell number, none of my clients do.

Anonymous said...

al milian is a good guy. he's a fighter thats for sure but after the fight would make up and treat for beers.

fake mr haney said...

I sure like the term "sub justice".

I don't understand it. But I sure do like it.

B=STH

Anonymous said...

Al Milian (and his bully buddies) are an embarassment to the profession. If only their legal skills were as large as their egos.......

Anonymous said...

Dear 3: 51, boy are you wrong:

You can't be talking about the same Al Milian we have read about for many years.

Al Milian was absolutely insane as a prosecutor. His plea offers were off the scale.

He was written up by the Bar and the 4th DCA over and over for all kinds of prosecutorial misconduct.

He abused opposing counsel and even punched one of them. For that he was held in contempt.

A bunch of Broward judges banned him from thier courtrooms for life.

He went public after he lost a trial and called the jury a bunch of lobotomized zoombies and morons.
He also said he did not believe in jury system. (Sore loser?)

Satz never did shit to him because, as we all know, in Broward, the prosecutors are always right.

He then finally left Broward SAO and became the Miami PBA in house lawyer and ran twice against Kathy Rundle for one reason only: TO STOP COPS FROM BEING CHARGED WITH CRIMES. He lost, thank God. (We all know that the union boss thinks cops are above the law)

No, Big Al is not the kind of guy who buys a beer afterwards. The people he hit and assaulted were never apologized to.

I personally have no problem with Al but, now, he has a DUI case of his own pending and he blamed the property owner for not having better lighting as his reason for his drunken crash into their property. (Case still pending trial but, he lost his formal review, appealed won and lost formal again).

How funny that you mentioned beers!

Al is the kind of guy I would never give my cell number to even though I have never had bad words with him. Some people never seem to grow up.

Go figure.

Anonymous said...

1007 here. I agree the PD was taunting the ASA on re-reading the messages. I'm not sure that justifies the response that he will "report him to the appropriate authorities" but whatever, I don't know the folks involved so I probably should have kept my opinion to myself. I have been lucky that the ASA's I've dealt with in Miami are happy to give me their cell number and vice versa so we can discuss our cases. That was really my point.

Anonymous said...

I've always felt that you don't put on paper (or electronic medium) that which you don't want people to flash around, whether it be in the Herald or the much more heralded Justice Building Blog. I've only given my cell number to state attys when needed, and asked it only be used in emergencies if for work purposes. But those cute female ASA's can text/ring any other time

Anonymous said...

I am very familiar with all of the parties involved, and would like to put everything into context.

The alleged "road rage" incident stems from an occurrence in April of 2008 wherein the the APD called 911 after another motorist forced him off the road in rush hour traffic, jumped out of his vehicle, and threatened to kill the APD. The APD pulled out his properly licensed firearm in self-defense. After learning of the APD's employment, FLPD authored a police report citing the APD as an aggressor in an Aggravated Assault Firearm. The report was forwarded to the Broward SAO, who promptly issued a no-information closeout memo. The report and closeout memo are public record.

The incident regarding the female ASA who was allegedly pushed by this APD is pure nonesense as well! This female ASA prompted the Chief Assistant APD in charge of felony to author a letter specifically regarding her conduct, and to advise that all communications must be on the record. This was because another APD in her courtroom called her out for lying! You can read the full letter @ http://jaablog.jaablaw.com/files/34726-32374/Delatorre.doc

Anonymous said...

Sutton guilty.

Anonymous said...

This issue originally arose after the client accepted a NEGOTIATED resolution to prison. Restitution was NOT part of the original negotiation, nor was it mentioned in the plea colloquy. It was only AFTER the sentence was pronounced that the state even bothered to raise the issue of restitution! The APD properly objected as to double jeopardy, but the Court nonetheless set it down for a restitution hearing.

After talking with the victim to find out how much she was requesting, the APD merely texted the ASA to provide a heads up that she was upset as to the outcome, and would be contacting the ASA. Specifically, the victim was very upset that the ASA never even bothered to ask her what her wishes were as to sentencing!