Wednesday, July 27, 2011


Veteran actor G.D. Spradlin passed away yesterday at age 90. He was probably best known for his portrayal of Senator Pat Geary in 2:

Senator Pat Geary: I want your answer and the money by noon tomorrow. And one more thing. Don't you contact me again, ever. From now on, you deal with Turnbull.
Michael: Senator? You can have my answer now, if you like. My final offer is this: nothing. Not even the fee for the gaming license, which I would appreciate if you would put up personally.


Anonymous said...

Is there any young ASA who can actually try a case? Sheesh they all suck.

Anonymous said...

We all had to learn and start somewhere.

Anonymous said...

Of course they suck, they are brand new, just like we all were at some time.

If they had 10 years experience and 40 jury trials, they wouldn't be accepting jobs for $40k a year. They would be taking your clients.

Give them a break. You might even help them out a bit.

Many of the most experiences attorneys here I remember from when I was a new prosecutor. They were good advocates for their clients by POLITELY pointing out problems with my case, issues with admissibility of evidence, and often just giving good advice on how to try a case.

However, if that is not the tack you want to take, just be happy they suck, and push them to trial. They learn that way too.

Anonymous said...

gotta love their list serve.
Who is this Peter Butthead and why does he think the security guards rummage through my purse and my IUD? IUD, seriously?
Like an IUD would set off the scanner.
Perhaps the foil wrapper on the condoms in his wallet would set off the metal detector?

Anonymous said...

criminal defense attorneys don't need condoms, sweetheart. after years of screwing our clients, we are immune from disease.

Anonymous said...

Fact is stranger than fiction. I remember the good Senator well. He even took time from his duties to extol the virtues of Italian Americans and what a disgrace it was that they were all being smeared as mafioso. But here is a trivia point. During the hearings on baseball and steroids, Congresswoman Lehtinen without any prompting started to praise the Hispanic American contribution to baseball while staring at a group including Rafael Palmeiro and Canseco who were steroid users. It was like deja vu all over again.

The real Peter Butlien said...

You may not know who I am, but my reasoning is dead on. It must be, because the best you were able to do is make fun of my name.

In the future, sign your name to your posts, unless you feel they won't stand up to the scrutiny of your peers.

By the way, your IUD would not generally be kept in your purse, I apologize if my email insinuated that is where it would be carried. I also never said they were rummaging through your bag. I was making a point that often women carry two items to be scanned, and that the gender based lines is not really a good idea.

If the security guards are getting their hands on your IUD, I suggest two things:

1) wear pantyhose;

2) close your legs when entering the building.


CAPTAIN said...

The Captain Reports:

Regional Counsel Report ....

Joseph P. George has been our 3rd DCA Regional Counsel for the past four years. The position was advertised for a new four year appointment and only three applied. At the time of the interviews, only one showed up for the interview - Joe George.

The F.S. Court JNC decided to reopen the process and called for more applicants. Boy did they get them.

There are a total of 19 that applied for the job. Leading that list is Eugene "Geno" Zenobi. The JNC Chair will be holding a conference call with the members this week to prepare a schedule for who, when and where the interviews will take place. (Good news - because of the size of the pool of applicants, the interviews will likely take place in Miami).

In other news:

Police Chief of NMB fired .....

You have got to love the quote attributed to the Mayor of NMB after his City Manager fired the Police Chief this week. Either the Herald got it wrong or this guy belongs on Comedy Central. Mayor
George Vallejo said:

“With the budget situation, this change gives us an opportunity to look at the department from the top up and the bottom down,”

From the top up and the bottom down. Hey Mayor, let me know when you reach China.

Cap Out .....

Curious Non-Applicant said...

The Captain has great sources. I cannot find any public information about the regional counsel applicants.

Anonymous said...

Zenobi works at the office now so his putting in against his boss is noteworthy. Reminds me of when Gabe Martin resigned to run against Brummer.

Fake Peter Butthead said...

I took the plunge last week and headed out west to the fast becoming famous Coupla Dudes Cigar Emporium (formerlly Shumie's Cigar Shop of Sandusky, Ohio, Ocean City, Maryland, Decatur, Georgia, Osaka, Japan, Brussels, Odessa, Russia, and of course the famous store in Milan) (did I do that ok?) and picked up a few nice ones- and some cigars too. ba dum dum. Definately worth the drive west of Bird Road.

Anonymous said...

Who are these brave 19 souls?

Anonymous said...

My indignation at your sexist remarks aren't any less valid simply because you don't know my name.
Your e-mail was offensive, as was your follow up comment.

As to your original point, I walk in the courthouse, place my purse and briefcase on the conveyor belt and proceed through the metal detector.

The men who are in front of me in line put their briefcase on the conveyor belt. Then they put on their jacket. Then they take their keys and wallet out of their pocket. Then they have to reach around to get one of those little plastic trays to dump them in. Then, as the begin to walk through, they realize that their phone is in a different pocket and have to reach for another little tray.
Because they haven't removed their belt, the metal detector goes off and they have to then hold up the line while they are wanded.

After I proceed through the scanner, I pick up my purse and
briefcase and head up to the courtrooms.
After the men go through, they pick up their briefcase. Then they put their wallet in the pocket, followed by keys. Then they have to wait for the second little plastic tray to be pushed through, being too light to go through on its on because all it has is a phone in it.

Which scenario sounds quicker?

The real Peter Butlien said...

I don't go for the smoke, but he has a monthly car show, and I think a motorcycle show is in the works if not already set.

Please stop calling me butthead, it hurts my feelings.


Anonymous said...

Peter Butlien is an excellent attorney. If you have a problem, I suggest you turn your gaze to within.

I'd prefer him in court any day to some of the others we have to suffer through.

Anonymous said...

Cap-----I hope you're right about Zenobi applying for that position. He'd be great!


Anonymous said...

Zenobi is now a "bottom feeder". Why would any experienced lawyer want to work representing these bad guys for only 80k a year. He must have no private practice at all. yikes.......

Anonymous said...




Stogie Joe said...

You left out the Shumie's at Altos de Chavon, Oscar de la Renta's shops at Casa Del Campo, DR.

Thats where the best maduros will be, trust me.

Anonymous said...

NO FAIR, Captain!

You got some names????

Anonymous said...

6:43...........Zenobi is NOT a bottom feeder. He is a very bright guy and excellent lawyer. More importantly, he is mensch.

It makes me sick that so many people denigrate public servants the way you do. It's not all about money. We should feel fortunate that people like Gene serve our community and appreciate their sacrifices, not insult them because they're not selling their souls for a few bucks.


The real Peter A. Butlien said...

Thank you to anyone brave enough to come to my defense. I am appreciative of the kind words, and to know that someone has my back is comforting.

I have a question for my detractor. Why am I sexist for my email which suggests women have a purse and a briefcase, while you are not sexist, for suggesting that men are too stupid to be prepared to get through the scanner as quickly as a woman?

I dont know what your problem is, other than your stunted sense of humor.

As to which of your scenarios sounds quicker, clearly the person who is prepared, as you suggest you are, gets through faster. The problem is that you assume that it is the men that are the ones unprepared.

Maybe you have never been "wanded" but most everyone is, because our shoes, buttons on jackets, or other items set off the detectors, whose sensitivity was increased recently.

You also make the assumption that women either don't wear jackets to court (maybe a sexist assumption on your part) or that their shoes don't set off the detectors.

You also left out the part, where you have to go to your purse, find your wallet, dig out your bar card, and then show it to the guard, while you hold up everyone.

I think we have taken up enough of this blog with this stupid little disagreement. Im done with your annonymous criticism. If you think I'm sexist, don't walk through the door that I hold open for you.

See you in line.


Anonymous said...

the shumie jokes are so f'n bad. probably the same 5 morons who make them.

Anonymous said...

For those of you who feel as if your practice has hit a dead end, or you are bored with your practice. Very inspiring.


Anonymous said...

Best cigars are Dominican. Even the 3rds you get at the corner store in Sto. Domingo are better than most of the crap that is sold as expensive cigars in stores here.
ps my Father in law grows the best in his plot in Santiago, R.D.

Anonymous said...

How about the now sadly defunct Shumie's branches in Bakersfield, California and Bugtustle, Oklahoma? Too sophisticated for the natives I guess.

Anonymous said...

I have a question. (Really) Why must I endure TSA style fondling to enter the criminal courthouse, yet I consistently breeze through security at 73 West Flagler? As well as the Broweird Courthouse AND the Fed Courhouses in 2 counties? What is up w/ that?

CAPTAIN said...

The Captain Reports:

Judge Backman SPEAKS .....

From the Palm Beach Post Editorial:

Florida's 1st District Court of Appeal "Taj Mahal" is an outrage. Fortunately, the man most responsible for it will have to make the case to keep his job.

On Friday, Broward County Circuit Judge Paul Backman denied motions by 1st DCA Judge Paul Hawkes to dismiss the charges filed against him by the Judicial Qualifications Commission and to disqualify the lawyer whose investigation resulted in those charges. Because he conspired to turn a routine new courthouse into a $50 million clubhouse that will drain money from the rest of a money-starved court system, the JQG alleges, Judge Hawkes "brought the entire judiciary of the state of Florida into disrepute, has inflicted substantial harm upon the entire state court system and has therefore demeaned the entire court system of the state of Florida."

At a hearing on July 15, former U.S. Attorney Kenneth Sukhia spent most of the 2½ hours ranting about the supposed outrage his client has suffered. The investigating lawyer allowed "unauthorized representatives" to attend questioning. The charges didn't specify which parts of the Code of Judicial Conduct Judges Hawkes violated. The investigating attorney's bias resulted in the charges. Another of Judge Hawkes' attorneys noted a comment that Judge Hawkes had "barked" at a court official, and asked if it had been a German police dog bark or a dachshund bark.

In 15 tight pages, Judge Backman swatted away arguments that weren't good enough to be called weak. He noted that those "unauthorized representatives" were attorneys for the witnesses and had the right to attend. The nine-member investigative panel, not the investigating attorney, filed the charges. Judge Hawkes had his chance to appear before the panel, with his attorney. The charges stated clearly Judges Hawkes' alleged violations.

Judge Hawkes, who allegedly bullied court employees who challenged him, has spent so much time complaining of mistreatment that he has yet to answer the charges. Judge Backman noted that failure as he scheduled a trial for early November. If the six-member hearing panel that Judge Backman chairs upholds the charges, the Florida Supreme Court can reprimand Judge Hawkes or remove him. The courthouse, unfortunately, stays either way.

Cap Out ....

Anonymous said...

Please Help. Shelton v DOC reverses the mens rea for drug cases. What does that mean?

thanks very much.

CAPTAIN said...

The Captain Reports:

Manuel Valle Lethal Injection Hearing .....

If you are in the GJB today, the hearing is set before Judge J. Scola at 10 am.

Defendant is represented by the Capital Crimes office and they are challenging the death penalty on the grounds that the new drugs chosen by the state for lethal injection amount to cruel and unusual punishment because they may cause pain to the defendant.

Anyone with updates, please post.

Cap Out ....

Anonymous said...

Capitan, It's Capital Collateral Counsel that represents Valle.

Anonymous said...

How much pain is too much for something to be cruel and unusual?

Clearly sticking someone with a needle will cause some pain. But it is hardly cruel. A little ambesol on the area will probably numb the arm enough to get the needle in without much discomfort.

Perhaps it is the actual feeling of the drug entering the body that is painful to the point of being cruel and unusual? Many drugs cause an itch or burning sensation when they enter the body.

If anyone knows the short version of the defense argument, I would be curious to know what it is.

In my opinion, the few hours before the actual injection must be absolute hell. The knowing has got to make you go out of your mind. And being strapped to the table, waiting for them to put the needle in, must be an indescribable anxious few moments. I can't imagine the actual injection could be any more cruel.

I'm no supporter of death penalty. I just think it is illogical and hypocritical to try to make it nice.

Anonymous said...

The case against Hawkes appears to be politically motivated and sour grapes from the legislature and some judges of the 1st DCA, whose infighting makes the 5th DCA look like DisneyLand. He was the chief judge and whether you like his management philosiphy or not, he was in charge.

The building in question is known in Tallahassee as the "Taj Mahal" and it is very luxurious and technilogically advanced, as all such courthouses should be. However, what is really not said here, is that the 1st DCA is the busiest DCA in the system. It takes on all appeals from Worker's Comp from all over the state, all of the original action challenges and appeals from suits against the State of Florida government and the regular civil and criminal matters handled by all DCAs.

Backman's ruling is correct, but it does not change the absurdity of the charges and ridiculous expense and embarassment this case is causing the judiciary. The JQC should have let this one go and let the Seante, if it think it had cause, impeach. Of course they did not and the circus continues.

Anonymous said...

Captain, who are the 19 (well 18)?

Kissimmee Kid said...

Dear July 28, 2011 12:45:00 PM:

"Infighting makes the 5th DCA look like DisneyLand." Whiskey Tango Foxtrot! Our 5th DCA are savage rednecks, brutal and lacking compassion or a sense of mercy; but they don't fight with each other. They fight the lawyers and smack down trial court judges. Our Judges rumble and brawl; publicly! They don't backstab; they punch right in the face.

Anonymous said...

July 28 at 4:32 - Whether publicly or privately, infighting in the 5th DCA is infighting. And if it is public it is worse than the backstabbing of the 1st DCA.

The judges at the 5th also openly criticize each other in opinions. It is horrendous.

A Rumpole fan said...

Thanks to the Captain for details of the July 15 hearing on J Paul Hawkes's motion to dismiss JQC charges, and Judge Backman's detailed denial thereof. I read the charges and J Hawkes's motion to dismiss on JQC page of Supreme Court's website. This JQC page is worth viewing, as on it are all the cases pending against judges. The thing that always astounds me is the frequency of hysterical and mock "defenses" mounted on judges' behalf, rather than serious legal analysis and skilled advocacy. J Hawkes's defensive tactics, so far, have done nothing but convince me that the JQC is right on, and that he will richly deserve whatever punishment is ultimately dished out.