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. POST YOUR COMMENTS, OR SEND RUMPOLE A PRIVATE EMAIL AT HOWARDROARK21@GMAIL.COM

Tuesday, April 19, 2011

EXODUS

THUS SAYETH THE LAWYERS TO THE EVIL PHARAOH BROWN:

LET MY PEOPLE PARK!

Judging by the emails flying on the FACDL list-serv and the emails we received, Monday was one of the worst days yet for attorneys trying to park in the lot where they have already paid to secure parking:

Not to beat a dead horse, but would someone please remind me why I am subsidizing parking for police officers to my own detriment?

...

Not only that but they park in tail first then exit facing the wrong direction. They park on the swales on top of the curbs and in general are inconsiderate and believe it’s a police lot.

"But Pharaoh Brown's heart was hardened and he refused to let the lawyers park:"

We received this email on Monday:

"Rumpole-- I don't know if you are in court today, but the most harrowing thing yet happened to me in lot 26. There were no spaces and cars were circling. I saw a space open up on the next aisle and as I got to the end of the aisle I was on and made the turn, a police car came racing up two aisles over and also turned but I was first. Clearly the officer wanted the same spot I did. I drove to the spot and as I started to pull in the officer turned on his emergency lights and ordered me out of my car. I knew what was going to happen so I called my office on my new I-Phone 4 and set up a video chat with my secretary and had another lawyer in my office watch so we had witnesses. I then got out of my car. The officer was incensed. He asked if I was videoing this and I said yes. He demanded that I turn it off and i refused. I then told him at least two people were watching this and asked him to explain on video why he activated his emergency lights and ordered me out of the car. The officer was furious. He said he was going to arrest me for reckless driving and now for refusing the lawful order of an officer. I told him to do whatever he needed to do, that I was not going to resist and that I was sure he was angry because I had arrived first at a parking space he wanted. I then filmed the parking spot my car was half in and his vehicle. Another officer arrived and spoke with the officer who was obviously losing control. To make a longer story short, the second officer calmed the first one down and they both drove away. Rumpole, I am convinced that I was not arrested only because I remained calm and had the presence of mind to film the encounter. Please help. This situation is getting out of hand."


"And so among the lawyers only one- a rumpled figure, beseeched the Evil Pharaoh Brown and said "Lo I have been a stranger in a strange land (Broward) but now on behalf of the lawyers, I say to you: LET THE LAWYERS PARK!"
But the Evil Pharaoh Brown's heart was hardened and he did not let the lawyers park....."

To be continued....

April 19,2011:

According to one popular movie, this was a very bad day. Find out why, tomorrow, on your favourite local legal blog. We'll be back.


37 comments:

Anonymous said...

I love the timely biblical references.

BROWN'S FAKE JA said...

Can you imagine the emails Brown is getting from his colleagues:

"Hey Joel, that asshole blogger compared you to the Pharaoh. When are you going to put an end to him?"

"Joel- just a thought- if you don't fix the parking problem then we might be inundated with frogs, or the Miami River might turn to blood. It never hurts to be safe. Just saying."

"Chief: Let the lawyers park. My wife is pregnant and I don't need these headaches."

Etc.

Anonymous said...

This is just the proverbial tip of the iceberg. Law abiding citizens with cell phone and video cameras are increasingly being targeted by law enforcement as being criminals, even when videotaping to protect themselves.

Some state legislatures have even gone so far as to enact laws making it a crime to videotape a cop without his or her consent, under the guise of it being a recording, similar to a phone call.

Ordinary people are being turned into criminals even when protecting themselves against unlawful police activity.

About 9 years ago I was taking photos on one of the seedier bridges over the Miami River. After about 30 minutes, three City of Miami police cruisers drove up to the bridge, and pulled to within 10 feet of me, effectively preventing me from walking away. They questioned me for a few minutes about what I was doing and why, but when I gave them my drivers license, Florida Bar card, and business card, they left me alone, and then let me take pictures of them. That would never ever happen today.

Anonymous said...

Rumpole/ Moses:

Bust out with some plagues, yo.

Anonymous said...

Today's Miami Daily Business Review writes a story how the Stallworth case has affected Chris Lyons' career. Judge Murphy accepted a ridiculous plea deal in that case and should be receiving a vig from Lyons for every other case this stupid plea generates.

Justice for the rich is different than Justice for the poor, and Judge Murphy fell into line in this case. Sick

Anonymous said...

warren

did you ask mary haber to be a witness for your guy?

Anonymous said...

In 2002 I bonded out a def in a DUI Mans case in Judge Murphy's division. The def was driving a car and his mother was the passenger and they enter the wrong way onto oncoming traffic on the I-395 and where hit by a Police cruiser, mother died and the minimum plea offer for the driver (son) was 6 years offered by Judge Murphy because the cop insisted on a long prison sentence. You can distinguish the cases as you wish but the difference btw 6 years and 30 days can never be bridged. Judge Murphy was willing to launch the grieving son while later accepted a 30 day jail term for a wealthy, well-represented def in another DUI mans case.

Not cool.

Anonymous said...

I say post the video, make an internal affairs complaint and f-da police! That is some serious b.s.! Really ugly if that officer acts like that to an attorney in front of the court house imagine what he is doing to powerless people on the street.

Anonymous said...

I am sorry but, who is chris lyons?

was she like chief of the traffic division at the state attorney's office?

Anonymous said...

Don't be a coward and post the video! I know you probably want to avoid problems and deep down inside you know how the police can really f... with you so you are afraid but this is the time to have some balls and at the very least make a complaint and let the officers know we will not be bullied by their badges! You have a chance to make a difference now do it.

Anonymous said...

10:50 hits the home run of the day. I have been practicing law for 30 years. I am sure there have been worse injustices than this in terms of giveaways by the State but I cannot remember any. The handling of this case was a disgrace by the court and SAO. Lyons was an innocent bystander who happened to be in the right place at the right time. All other things being equal, good for him. He deserves it. But that whole Stallworth case still makes me want to vomit

Anonymous said...

Um, there is another lot you can Park in. It's the same distance from the courthouse and costs less.

Anonymous said...

Why not take the bus to work?

Anonymous said...

Roflmao!

Chris Lyons - She!

Anonymous said...

PUH lease!!! HE/she won't post the video because that was the biggest case of fictional writing I have seen since my days reading MAD MAGAZINE!

Anonymous said...

Please pass this message on to your little blog boy- johnny no slope- the 007 of DUI=

We've read your smarmy email on the FACDL. We expect such tripe from Catalano. At least we know where we stand with him. But you come around here with your greasy glad handling and trying to be everyone's friend and then you slam us in an email.

Be warned- we read those facdl emails and we respond accordingly.

You know who.

Anonymous said...

Hey 5:26. How dare you refer to Mad Magazine as fictional. It was the best satire ever. Reflected the truth in our society better than any publication of its era.

Anonymous said...

Boy is 5:35 post confusing.

What is that person talking about?

I'm on FACDL and never saw anything like that.

WTF????

Anonymous said...

yeah, that story stretches the imagination. Rump, I can't believe you post that crap. Cops have an enough bad rap, Do they really need this????? There's no video because it's not true. Prove me wrong by posting it. Bet you can't. Tell your story to a two-year-old, maybe they'll believe it. NOT!!!

Anonymous said...

Lyons Punked everyone with that plea. how the hell did the SAO agree to that. I was an ASA for a long time and if a supervisor told me to take that plea I would tell them I wont do that or i would call in sick.

kind of typical for murphy just like all the other ringmasters at the MJB--who cares about justice lets just close out cases i wont stand in the way if the victim is paid off to allow this.

I was embarrassed to have worked for Kathy when i First saw re that plea.

Anonymous said...

"I say post the video, make an internal affairs complaint and f-da police!"

I completely agree.

Anonymous said...

Well, well. Fuck that judge for agreeing to a plea deal that the State and the Defense agreed to. That is what we want. We want judges to say NO to agreed-to deals. We want good deals for our clients, but if someone else gets a good deal for a client that has some money, then the judge is a whore. It is hard to top the cynicism and hypocrisy in our crowd. But, while you are at it, keep in mind that Judge Murphy is one of the best.

Kissimmee Kid said...

"Justice for the rich is different than Justice for the poor." Well, duh.

It was in 1852 that we learned that the law is only for the rich. the law, "which gives to monied might, the means abundantly of wearying out the right; which so exhausts finances, patience, courage, hope; so overthrows the brain and breaks the heart; that there is not an honourable man among its practitioners who would not give--who does not often give--the warning, 'Suffer any wrong that can be done you, rather than come here!'"

Dhsmv rules said...

Oh really 601- or should I say johnny no slope- you didnt see your own two faced email that ended with this:


"You stay classy, DHSMV"

You stay classy 007!

Anonymous said...

The Donte Stallworth plea was an outrage, but Dennis Murphy was simply doing what a good judge does - allowing cases to be resolved based on the will of the parties. The victim's family was okay with it, the State Attorney was okay with it, and the the Defendant was okay with it.

Quite frankly, though, it seems as if this was a very defensible case. I think about Jim Leyritz and his DUI manslaughter trial earlier this year. The facts were much worse for the defense in that case and David Bogenshutz - a terrrific trial attorney - put the case before a jury and pulled off a guilty-lesser, saving his client's life.

I think that if depos would have been taken, if an investigation would have been conducted, and the case would have been prepared for trial, this could have been a winner.

I like Chris Lyons, but lest we forget, his client is now a convicted felon, is on 2 years of community control, and has 8 years of probation to follow.

Anonymous said...

5:35 = DHSMV lawyer; Query: How do they have access to FACDL emails?

6:23 = Angry cop who expects everything for free.

Anonymous said...

An office next to a Marshall's in a sleazy mall is pretty low.

Anonymous said...

BRAVO to 945
DS

Anonymous said...

The real problem lies with Judges and the State Attorney who are afraid of the police union. I have recently had three cases in which the same officers from the City of Miami working a particular “party hall” have pre-textually arrested young men for “disorderly conduct.” At the heart of these cases is the fact that the “party hall” also has a “club” and is serving alcoholic beverages to minor. The real catalyst is not the alcohol, but the “permeant of-duty officers” flirting with the underage girls and their frolicking activities being captured on cell phone cameras or videos. All the cell phones conveniently disappear. The clincher, the “permanent off duty” is “administered” by the head of the Miami FOP (police union). You catch these guys lying and neither the SAO nor any Judge will do anything about it. There is integrity for you!

Anonymous said...

How come nobody mentions the fact that shortly after giving the stallworth offer, the ASA left for private practice and works with Lyons??!

Anonymous said...

uhh, 10:13pm>>

That's the Will Ferrell TV newscaster sign-off in Anchorman. "You stay classy, San Diego"

Pay attention.

Anonymous said...

You all are as hipocritical as the judges you rail against. Especially you DS. You had judges who did not care what consequences their decisions would have politically (and this includes the displeasure of defense counsel) and enforced the rules and statutes without concern for anything but the law. And what do you all do? You complain because they "aren"t nice" or are too demanding. You vote them unqualified based upon personality as opposed to real qualifications.

Don't complain that the judges won't come down on the cops parking in your spaces and then turn around and bitch that you aren't catching a break, like being called out of turn, producing your client at a calendar call or keeping your client in jail pending a PVH.

Anonymous said...

308
I dont understand why I am lumped in w/ your comment. If a Judge does the right thing I say Kudos. I have been blasted for saying so many times here. I dont complain about being in calendar, nor not getting called out of turn ( which PD does) nor abut a Judge saying call down the jury or State call the first witness. As long as they call them fair and equal, I can live w/ it w/out complaint.
DS

Anonymous said...

Though needless to say, Murphy is one of the best judges in the building. One of the many reasons for that is that he doesn't concern himself with things like public opinion or political backlash, and he calls things as he sees them. I thought that was a characteristic that should be applauded and expected from the judiciary.

Despite the tragedy, it was a very defensible case and the plea was accepted because it was fair in light of the circumstances. I can understand the misguided uninformed rants from laymen and the media, but hearing it from this crowd is surpising.

Anonymous said...

For all of you who think Stallwoth was a winner, YOU HAVE NOT TRIED A DUI MANSLAUGHTER CASE.

Once a jury hears that someone is dead, your client's goose is cooked.

Anonymous said...

1:59 for you has never tried a celebrity case, I point to the Leyritz case. Person dead. Celebrity accused. Dead person as much to blame. Celebrity acquitted.

Anonymous said...

I don't think Jim Leyritz won because he was a "celebrity." Maybe he was known among hardcore baseball fans but I am willing to bet that most folks don't know who he is.

Leyritz won because he hired a talented trial attorney who was not afraid to try a tough case. I'm guessing 95% of criminal attorneys would have pled this case out given the facts, and that might not have been bad advice. At first, it looked bad for Leyritz.

Fortunately for Leyritz, he had the resources to hire investigators, experts, crash reconstructors, who determined that he entered the intersection with 4 seconds of a yellow light remaining.

The other woman (who was more drunk than Leyritz, but that didn't come out at trial, of course) ran the red light, or at least the defense created the doubt.

Great lawyering, both inside and outside of the courtroom, won this case.

Based on what I know about the Stallworth case, I believe that the same could have been done there as well.

However, who's to say that Leyritz wouldn't have taken a "Stallworth Plea" if given the chance.