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

Friday, October 01, 2010

FIRST FRIDAY IN OCTOBER

UPDATE: as predicted below, Judge Tunis sentenced Tavares Calloway to death for the execution murders of five men during a drug ripoff.


Good Friday Morning!!!! The Dolphins play the cheaters at home Monday night, and speaking of Monday....while the first Friday is October is meaningless, the First Monday is not. We welcome a new Supreme Court and the first term of Obama's second appointment- Justice Kagan.

Regarding the post yesterday about Judge Glick and the pregnant defendant, the comments were solidly against Judge Glick's sentence. However, we are surprised no one has mentioned this: When you incarcerate a pregnant woman, you are incarcerating an innocent child. The child will be born in prison and then taken away from her mother. What an awful way to start a life. Our question is this: were the crimes of the defendant so horrible and was her conduct so dangerous to the community that the need for incarceration outweighs the child's needs? Just a thought.

If you don't read the JAAB blog, you are missing the soap opera like atmosphere of that wonderful courthouse north of the border. With the judicial elections finished, and a new election for chief judge on the horizon, the long knives are out. A criminal court judge of 20 plus years experience is being rotated-against her will to civil (Judge Leebow), while other judges stew and snipe. And then there is the Public Defender, who is being sued in federal court by a psychologist who claims his supportive testimony for outgoing Judge Aleman before the JQC caused Howard Finklestein to retaliate against him by ordering his office to no longer use his services, causing losses of $500,000.00 per year!!!

Somebody needs to get a film crew and start the reality show: "The Real Life Judges And Lawyers of Broward County."

The big murder case before Judge Murphy ended with a guilty verdict Thursday night. Gail Levine notches the win for the State, while Charles White takes the loss. Next up: the case now proceeds to a sentencing phase with Bruce Fleisher for the defense.
Meanwhile Judge Tunis sentences a defendant to death today after a 7-5 recommendation, and the Baby Lollipops sentencing phase starts up Monday before Judge Reemberto Diaz.

That's it for now. See you in court.

25 comments:

Anonymous said...

Gail Levine is by far and away the best trial attorney at the SAO. Fantastic litigator.

CAPTAIN said...

Hey Rump. I did comment on the child being born in prison and the fact that the baby will be separated from her mother during the prison sentence:

THE CAPTAIN REPORTS:

My understanding is that she had one misdemeanor prior; not multiple arrests and convictions.

"She will serve her time in State prison, not the DCJ system. She will give birth in prison and the baby will be taken from her to live without her while she completes her prison term."


Cap Out ....

Thursday, September 30, 2010 4:35:00 PM

CAPTAIN said...

Lebow is actually going to Juvenile I believe; (not Civil), but certainly not the place where she has been doing such good work over the past 20 years.

The DBR suggests that it was actually Judge Holmes and not Judge Tobin that made the call on this one.

Cap Out ....

Anonymous said...

With Fleisher, a death sentence is assured. and a Rule 3 later.

Anonymous said...

I agree with Rump. The issue is not whether the sentence is too much. IMHO, it's a bit high, but it's marginally justifiable.

The issue is that Judge Glick has the discretion to punish the defendant but avoid punishing the baby. Even assuming that D had multiple previous convictions, that 3 years was bottom of the guidelines, and all of the other facts for the State are true, impose the sentence but let her post a supersedeus bond pending appeal. That way, the baby is born out of custody and, if D does have to go to prison, it's after some appellate review.

To do otherwise is simply inhumane and, honestly, will lose Judge Glick a lot of votes next time 'round.

Anonymous said...

gail levine is not the best trial atty. she is a nasty witch and it shines thru

Rumpole said...

Cap- who are you quoting in your comment about the Glick case?

fake jay white said...

Bring on dose nasty stinkin cheaters.

SAY HELLO TO MY LIL FRIEND.

FAKE mg said...

To quote Rump:

Gail Levine: Small Potatoes.

CAPTAIN said...

Rump, that was my quote from my post yesterday. Just pointing out that I did discuss the issue of the baby being borne in prison and then being taken from the mother and living separate from her until she completes her term.

If the defendant had one misdemeanor prior and there was absolutely no injury to the officer, that sentence was way out of line.

But, from everything I have heard so far about Judge S. Glick, the sentence was to be expected, upon conviction. The defense attorneys are not happy with her.

Cap Out ....

funkhouser inc said...

Rump- that retired County Court Judge your readers were speculating about is not in Russia.

He works for Marty Funkhouser out in LA doing arbitration and mediation. Sad to say he needs to work, because like his friend George, he was wiped out in the Bernie Madoff mess.

Anonymous said...

Why are you surprised by Judge Glick's sentence? Come on. She is not her father, but she gets to enjoy the benefits of the name.
(and she'll never come close to former collegue Gail Levine, who truly does rock)

It too bad that some become a judge because they can't make a living practicing law.

Anonymous said...

Rump, please expound on Churchill's "This will be their finest hour" speech.

Rumpole said...

The speech was given in June 1940, the 18th I believe. The speech was given to the House Of Commons after the rescue of the British Army at Dunkirk. France had surrendered and Europe was enslaved by nazis. England and Churchill stood alone.

Churchill told the House Of Commons that the battle for France had ended and the Battle for Britain had begun.

At the time of the speech, the only fully operational fighting division in England was Canadian.

But all was not rosy on the other side. The German army and air force had not bought into Operation Sea Lion- the German navy's plan for the invasion of England.

In the end the Battle of Britain was fought by the RAF against the Luftwaffe over the skies of Great Britain.

The English lads carried the day that dark summer of 1940, and the tide was soon to turn against the Germans. A mere 1400 airmen and ground crew, many 18 or 19 years old stood between England and the might of Germany.

You want to know where heros are? They were in the skies of England the summer of 1940.

Anonymous said...

Glick suspended the sentence for 9 moths....good for her.

Saw the argument by the PD this morning, pitiful. You would think with all the support the defendant got AFTER trial she could have rounded up the troops and hired a real lawyer BEFORE the trial. Never would have gotten this far.

3 years was a rough sentence, but after what I heard about her behavior before and during trial I would have probably lit her up a little bit too.

I'm just saying.

Anonymous said...

Rick Sanchez fired for anti-Semitic comments. Good riddance!

Anonymous said...

Why does everyone keep saying that the guidelines were 3 years? You should all know that batt Leo scores non state...

Anonymous said...

Read story in paper today re glicks case and while i think 3 years is excessive, the popular sentiment that she should just get probation and no jail time is wrong. She has a history of violence, violating probation and assaulting cops. why should we just give her more probation when she has already shown that it did not teach her anything other than she can get away with violent behavior? couple that with her exhibiting violent behavior in the courtroom and it tells me that this person has a problem and needs to spend 2-3 months in jail to get the message.

and her pregnancy should not be an issue here, let her give birth and then do some time. after all she is six months pregnant and knowing how long it takes to get a case to trial, i assume that she got arrested before she was pregnant. hey angry lady, when you got a felony hanging over your head and are insisting on going to trial, maybe that is a good time to have your hubby wear a condom and dont get pregnant untill you legal situation is resolved.

Pick Em Paulie said...

Ugh. Pick Em Paulie had another split last week. We need the elusive 3-0 sweep to get us back in the black.

Each bet for $500.00
Pittsburgh -1
St. Louis +1.5
Cleveland +3

2010 record
2-3-0 40.00% -$650

Good luck Rump

Anonymous said...

Runpole and Captain,
Read the story in the Miami Herald's Local section today. The TRUE FACTS of the pregant woman's case are there.

Anonymous said...

As a defense attorney, I got to admit that at 1st I believed the facts posted on the defendant's website and thought the punishment was way harsh.

But after going to Glick's ctrm. for the hearing yesterday, I was wrong. It came out that defendant has 5 or 6 arrests (I lost count), in several different states, violations of probation and a previous case where she punched a cop before.

She's also lost her control in court yelling at her own attorney and in the hallway at the trial witnesses.

Truthfully I would have put a little bit of a beatdown on this defendant too. Even African-American community activist Georgia Aires got up yesterday and spoke and said she herself had no sympathy for the defendant and defendant needs to learn some r-e-s-p-e-c-t and made her recite it.

And it was said yesterday and then confirmed in this morning's Miami Herald local section that the State DID recommend 3 years prison.

Still think the punishment was a little excessive, but good for Glick at least giving the unborn kid a shot (assuming mom doesn't get arrested again) at being born outside a cell.

Anonymous said...

Jew hater and he got as far as he did!!!!!!!! unbelievable....Rick Sanchez will never get a job in the television-news business. There isn't anyone stupid enough, in the business, who would hire him, because ultimately they will have to answer to someone Jewish. Oh, well, he can always get a job waving to people in a chicken costume on US1 to entice customers to a restaurant. We won't have to look at his disgusting anti-semitic face.

Anonymous said...

I have had the honor and priviledge to watch Gail Levine in the courtroom. Among many at the SAO she is a gem that sparkles like no other.

Anonymous said...

A must read!

MICHAEL J. SATZ MUST GO!

http://mikesatz.com/satz.data/basic.info.php

Anonymous said...

Who Does Rick Sanchez think hired him in the first place? In Miami? In New York? Does He think he is Wonderboy and did it all on his own merits. I will bet you my last bagel that he was given his first big break by a Jew and promoted by a Jew. Oy Vez does he have tsouris....couldn't happen to a more disgusting human being. And by the way, he complained about being a minority,and his father working hard because they were Cuban. Did any of his relatives die in a gas chamber because of who they prayed to.....He needs to heed the lessons taught by Jesus, the King of the Jews. He taught about understanding each other and loving one another.