Wednesday, November 24, 2010


NFL TURKEY DAY: One more time because we never learn: Cowboys at home +4 over Saints for 100 Turkeys.

UPDATE: Sometimes Judges do good things, and sometimes Governors elevate good Judges. Governor Charlie Crist has appointed Miami Circuit Judge Kevin Emas to the 3rd DCA and it is a great appointment. Congratulations Judge Emas, who takes the spot of Judge Cope. Well done.

"Here Kitty kitty" Update: What kind of animal would do that to a cat? Some kind of animal apparently and not a person, and that was good enough to put to an end the long and difficult case of Tyler Weinman who had previously been charged with being a serial cat killer. The Herald has the purrefect details here . Our hardworking State Attorney took time from a vacation to say this:
``They peeled back underneath the skin and found puncture wounds and that was the end of the case,'' Fernández Rundle said. ``This is a classic case of scientific evidence trumping a circumstantial case.''

Rumpole says: This is a classic case of the SAO once again filing charges first and sorting it all out later. Same old song, but with a different beat.... Kudos to David Macey for sticking with the case and believing his client.

A few house keeping matters this short holiday week.

A thank-you to the Captain for remembering our birthday last week. You know how it is, the older you get the less you like your birthdays. Just how many Heat seasons has it been since some cocky federal lawyer shot his mouth off to the press that before the end of basketball season our identity would be known? He thought he was dealing with an amateur.

As old as it is, creaky knees and all, the blog will be down for a spot of maintenance for a few days during the holiday season. Rest assured we will be ever vigilant in case one of our dear robed readers get caught doing something stupid. But otherwise it's time to change the oil and rotate the tires on this lorrie.

Worry not that we will over indulge and you will wake up one day soon with the blog's familiar colours and beloved polka dots changed, ala the unfortunate circumstances over at the blogs run by DOM and South Florida. We abhor change of any type. That will not occur.
And wasn't there some sort of coup de tat over at South Florida? Civil lawyers will do that-stab each other in the back for an extra buck.

Enjoy your holiday but watch what you eat. It was Ben Franklin who opined : "To lengthen thy days, lessen thy meals."

Speaking of eating, a tempest in a pizza box has erupted over the 112th Supreme Court Justice (Kagan) seen on a recent saturday night with a box of pizza (from DC Pizzeria "We the Pizza") and a pair of "mom jeans". Ouch. The controversy rages: "What size pizza box was the justice carrying?"; "Why is she getting her own pizza?"; "Were there leftovers?"; "Does Scalia eat pizza?" we need answers and we need them now.

Happy Thanksgiving.


South Florida Lawyers said...

Each stab costs extra!

Happy anniversary and enjoy the holidays.

Anonymous said...

I'll tell ya this much- no sausage on her pizza-

sam I am said...

A much discussed persona on this blog has announced his distaste for certain thanksgiving food.


sweet potatoes and corn!!!
Would you
could you
eat sweet potatoes and corn?

Fake Joel Lazarus said...

More Musings From The Great Joel Lazarus, Jurist and Philosopher:
Why do you alway
s find something in the last place you look? Why can't it be the first or second?

Why are all illegal immigrants here illegally? You would think some illegal immigrants would have the decency to arrive here legally and not break the law.

Anonymous said...

Happy Thanksgiving Rumpy! Thank you for all the entertainment!

Anonymous said...

Rumpole said:

"The controversy rages: "What size pizza box was the justice carrying?"; "Why is she getting her own pizza?"; "Were there leftovers?"; "Does Scalia eat pizza?" we need answers and we need them now."

Who cares?!

Anonymous said...

Kevin Emas was just appointed to the Third DCA! Congratulations to a deserving judge!

shumie says said...

I would not
could not eat sweet potatoes and corn
I would not eat them
and you I scorn

Anonymous said...

Emas is awesome,

Anonymous said...

Kevin Emas really is a smart guy but, I wish he wasn't so pushy. When he gets pissed off at someone he becomes super advocate and abuses his powers.

He will do well at the 3rd DCA where he won't have the opportunity to fuck with lawyers and witnesses anymore.

Anonymous said...

Rumpole - my sentiments exactly. When I read the article I was stunned. I'm no expert, but it seems to me that these post-mortems should have been done before this poor kid's life was destroyed.

I wonder if he has a lawsuit.

Anonymous said...

Former ASA here:

Nice job Macey. Glad to see that you were able to convince the blockhead Michael Von Zamft that he had no case. Just another example of the SAO NOT fully investigating the case, holding this kid up to public scorn as if he was Ted Bundy and turning his life upside down. The funny thing is that this media case was assigned to Von Zamft (you know him- the International ASA of Mystery) specifically to avoid some of the rash decisions that some line prosecutor would make. Instead, he made them and KFR now sits here with egg on her face. The defendant was, if I recall correctly, held no bond for a short while, then his bond was 250k with a monitor. He had to get a psych eval to make sure he wouldnt go on a rampage and break into the lion den over at Metro Zoo and kill all those cats. All of this to later find out that Fluffy, Morris and Tigger were all killed by a racoon or something.

Good going Mike. But dont worry, I'll still pretend I like you so you dont charge me with killing JFK.

FACDL listserve leaker said...

Interesting day in judicial assignments.

Great news:

Kevin Emas to the Third, which is an absolutely right choice. An excellent, intelligent, decent judge.

And yet, at the same time:

Maximum Monica going to criminal. Has she read Caperton v. Massey Coal, 129 S.Ct. 2252 (2009)? Has the Chief?

Is she going to recuse herself from all cases involving the Miami PD?

“This month, Orange-Osceola Circuit Judge Rand Wallis, elected to a six-year term in August, withdrew from presiding over a criminal trial at the request of lawyers for the defendant. Their request followed Mr. Wallis' voluntary disclosure that he had been endorsed in his campaign by the head of the office prosecuting the defendant, Orange-Osceola State Attorney Lawson Lamar, and by the local chapter of the Fraternal Order of Police. One of the chapter's members was scheduled to testify in the trial.”


fake Joel Lazarus said...

From: Joel Lazarus, PHD, pdq, lmnop
to: my adoring public hanging on my every email:
re: same

If you pronounce Emas backwards, you get SAME. Does that have some hidden meaning about the kind of appellate judge he will be?

Anonymous said...

hope Gordo turns out to be a state oriented judge. This town needs a few of them to balance out the rest of the weenies who are on the bench

Anonymous said...

The State Attorney's Office and Miami-Dade PD responded to the community outcry over the cat killings by rushing the investigation and charging the kid quickly without completing the scientific investigation. Will KFR learn for the next media case to take her time and fully investigate before destroying someone's life just to show voters that "something" is being done to address a "crime spree"? Would the investigation had been so rushed (or even done) if the cat killings had taken place in a less affluent area, say Liberty City or East Little Havana?

Pick Em Paulie said...

Gotta have some Turkey Day Action so Paulie goes to the Motor City.

DET +6.5

sam I am said...

My grumpy friend:

would you eat Thanksgiving on a train?
would you eat it on a plane?
would you eat it sitting on the floor?
would you eat it out the door?
would you eat turkey and trimmings in a diner?
why nothing could be finer....

eyeonQ said...

Happy Thanksgiving to all from the Q* to all who aspire to be like him.

The Q is proudly Gluten Free and offers legal services that are Gluten free, and 92% Fla Bar certified Green, meaning that 92% of the office works in a manner that is Green, carbon-free, and sustainable resources.

Fear the Q
Admire the Q
close your eyes
Become the Q

you know who said said...

I would not eat Thanksgiving dinner on a train
I would not eat it on a plane
I would not eat it on the floor
I would not eat it out the door
I will not eat turkey and trimmings in a diner
I do not think nothing could be finer

I do not like Thanksgiving day
Sam I am
to you I say
Let me be and eat no turkey
because I find you to be a bit jerky

fake country dave said...

Dudes, where is everyone? The courthouse is locked.

sam I am said...

Would you try some turkey
just one bite?
if you could take one bite
then you very well just might
hey I like thanksgiving day
I like turkey
and I like gravy
but until you take one bite
turkey you will still dislike

Rumpole said...

As much as I agree with your comments on ASA VZ, the submitted comment was a simple ad hominem attack on him and thus I will not approve it. But keep digging, he's done so much worthy of criticism.

Anonymous said...

I have had a number of dealings with MVZ, some positive, some negative. I will point out, though, that when the State drops cases that are crap and high profile crap where ASA careers can be hurt, you will usually find Michael in the mix to get the case dropped. Obviously, his sense of guilt and innocence may differ from some, but I have seen him stick his neck out on more than one occasion and cut a defendant loose. Strange to have him criticized when he did somnething right, and if you think you have seen fanatics, try cat lovers -- the very same folks who smile and laugh when they see some cat doing the ch cha cha, when everyone else is wondering how you can sell a product with such a stupid ad. Guaranteed that teh cat lovesr are not convinced and are very unhappy.
On a more somber note is Ms. Gordo, who lies in court, has never heard a bullsit cop story that she does not believe, who is guided by how the press will view anything she does, and who will be a terrible judge. At least she will give Judge Scola a run for the most biased judge award.

Anonymous said...

Would that more ASAs follow the below statement of the Metro Police Chief, talking about the CAT case.

``I understand the frustrations of our community and of those who have participated in this case. I say this with all sincerity, I'm proud to be part of a system that prizes objectivity and investigative integrity over any other consideration, such as winning or losing.''

Read more: http://www.miamiherald.com/2010/11/26/1943604/miami-dade-police-director-loftus.html#ixzz16PLBLU3G

Anonymous said...

MV once threw a pen across a courtroom in front of a jury. Judge Young aka "richie rich" strmed of the bench but not bf he declared a mistrial. It was quite funny

Anonymous said...

Sorry but, I too am no big fan of Kevin Emas. I watched him go after people and push people around too much.

The Straw Buyer said...

Loftus says:

"I'm proud to be part of a system that prizes objectivity and investigative integrity over any other consideration, such as winning or losing.''

Right, that same system that didn't take enough care to properly investigate a case before destroying someones life. Some system.

David Young said...

"Richie Rich" I am amused! MV's conduct was not amusing.

Anonymous said...

Kevin Emas = Alan Schwartz. Mark my words and put a red circle around this date. You heard it here first. Just as arrogant, just as nasty and just as egocentric. Loves to humiliate lawyers.

Anonymous said...

Yes, but, Emas will have to watch his mouth at oral argument now that there are cameras recording all oral arguments.

They put them in to stop Alan Schwartz from being such an asshole.

Alan, remember when you turned your chair and insulted a female lawyer? Remember when you laughed at a guy because he died of AIDS? Remember all the JQC complaints against you that resulted in the those private reprimands that kept you from being a supreme court justice?

Kevin, learn from this.

I too have had enough of Kevin Emas being an agressive prick.

Why can't judges do the job and be nice like Katie Pooler, Peter Lopez, Tom Peterson, Rosa Rodriquez, Harold Solomon (may he rest in peace) and so many others who didn't abuse us and still got the job done right!

Rupinder Singh said...

“This month, Orange-Osceola Circuit Judge Rand Wallis, elected to a six-year term in August, withdrew from presiding over a criminal trial at the request of lawyers for the defendant. Their request followed Mr. Wallis' voluntary disclosure that he had been endorsed in his campaign by the head of the office prosecuting the defendant,

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