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

Saturday, December 03, 2011

LIAR LIAR POLICE ON FIRE

Jerry Sandusky's attorney tries again and has his client sit for a two day interview with the NY Times here.

Query: When, if ever is it appropriate to have your client sit down with the press?


NO SOUP FOR YOU RUMPOLE!

One of the pleasures of going to trial in federal court, or showing up for an 11:30 hearing was having lunch at Lil Anthony's Italian Restaurant. As of Friday, the restaurant had served its last piece of pizza or plate of pasta. Or in Rumpole's case, the very best Tomato Soup in Miami.
The New Times has brief bit on the closing here. If anyone hears if and where they re-open, please let us know. We had two bowls of the soup yesterday, and will be going into withdrawal shortly.

LIAR LIAR BROWARD COPS ON FIRE

Here's the scenario: The Broward SWAT team serves a warrant. The defense files a motion to suppress and alleges that the police did not knock and announce. The detective takes the stand and give detailed testimony on how he saw the knock and announce and how they always knock and announce without fail. Always.

Then the defense plays the outtakes from a local police show showing that the police did not even remotely come close to knocking and announcing when they served the warrant in the case being litigated.

Lets play: So what does the Broward SAO do?

A) Nolle Prosse and apologize to everyone for presenting perjured testimony?
B) Open an investigation of the Detective and his squad?
C) Argue exigent circumstances the next day and refuse to drop the charges?

If you said C, you've seen how they work in Broward.

The JAA Blog has all the dirty details here and here.

Here's the point. Is this an isolated incident? Did the defense in Broward just get extremely lucky and happen to get the exculpatory information they needed in the one case the police lied/or were mistaken?

Or does this happen all the time and this is the one time they got caught?

How many times have you told the prosecution that this was the only time your client made a mistake, and how many times have they sneered at that fantasy and responded that this was the first time they got caught?

Here's what concerns us the most- and this is directed at our robed readers: How many times do you hear in court that the police lied? That they planted the drugs they claim they saw the defendant drop? That they hit the defendant and tore up the first two Miranda forms before he agreed to waive his rights? And how many times have you ruled against the defense and reasoned that police have no reason to lie? That it is foolish to think any police officer would risk their badge to lie about one insignificant case?

How do you feel when you see what is clearly an institutional bias to commit perjury whenever it suits them?

See You In Court, and by the way, get that attorney in Broward who nailed these cops an award and re-read that idiot prosecutor his oath as a prosecutor.



25 comments:

Fake Angry Gurl said...

Ran 7.53 miles this morning. Drank down three servings of Metamucil followed by a nutritious breakfast of six ex-lax and 4 dried apricots. Going to get my hair done and hoping some jock will call me from his car phone. Hope I don't see you fatsos anytime soon!

Ric Margolius said...

Dear Rump: excellent blog today. Such is the world we live in here in South Florida. You may recall that circa 2003, in the midst of doing an arraignment calendar for Blake (I became a senior judge in 2001.) I blurted out that I had witnessed with my own eyes the cops beat up a peaceful group of protesters one night at the NAFTA trade event. I had just left a gig at the"Wallflower Gallery" where I had performed. In retrospect, I should have chosen a different venue other than the bench to share my observations. Chief Timony of MPD demanded I be polygraphed and complained to Chief Judge Joe Farina. Accordingly, for the next 3 years, I did not receive a single senior judge assignment and even chose inactive status with the Florida Bar. After Chief Timony got into trouble and got booted by the City of Miami Commission, coinicidently I began receiving new calls to work as a senior judge which I continue to do as of this writing. Fortunately, I had life in Panama to console my wounds during that period, but the point is when judges stand up in support of the truth, there will be consequences. Me, I never gave a fuck and still don't, but I am not naive either.

Anonymous said...

Not when he's a pedophile, I've never met a pedo who can keep his/her mouth shut. They think they can talk their way out of anything.

Anonymous said...

little anthonys is terrible place to eat. good riddance. especially since there are so many new places to eat near civil and fed cts.

mario the baker is much better and in same general area.

Anonymous said...

by the way i have never understood the reason for the knock and announce requirement for a warrant. an allegedly neutral magistrate has found that there is evidence of a crime inside the location. why do police have to tell someone that they are there so that they can either have evidence destroyed or have someone shoot at them.

kenny- I plan your day said...

For Art Basel it's al about the fun! So lets start the day off with some fun white linen pants. Lets play that off a fun multi colored long sleeve chamois dickie shirt.

When you're done perusing the art galleries head on over to Michael's Genuine in the Design District. If you can't get in tonight (and most of you can't) you can amble down the block to Harry's Pizza. It's the sister restaurant of Michaels.

If you are lucky enough to get in, start with the Duck Confit or the crispy pork bellies or have fun with the chargrilled octopus.

Get the beef short ribs, the the roasted pork shoulder or be adventurous with the Wahoo for the main course.

Get the lobster butter love organic coffee for desert, they press it for me at my table and finish your meal off with the bourbon white chocolate tart or the baked granny smith apple.

Sip a digestif limocello that the chef keeps special for his regular clients like moi, and then head on out to your fav club in sobe and dance the night away. But you wont see me. I'm in the vip lounge.

Remember, its better to look good than be good.

Anonymous said...

50 rubles says nothing is going to happen to that cop...

EyeontheQ said...

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Buy it now!

Anonymous said...

Michaels Genuine might be the most overrated restaurant in a town full of overrated restaurants.

Michaels genuine might be to restaurants what Eiglarsh is to criminal defense bar

D.S. said...

Lies LIES,

We all have seen them everyday. Naive ASAs and Judges w/ blinders on except Aforms with:
I walked up o the Defendant for a consensual encounter and he just pulled out a baggy from his pants and said 'All I got is a little power Officer'

The Defendant Resisted and I redirected him to the ground. A-form Charges Resisting W/ and Batt LEO, and stamped WARD D.

The Defendant was ordered to halt and turned around with a weapon in his hand ( a Walkman) so Officer was forced to shoot.

The defendant resisted and was injured as he resisted being cuffed ( Merchado).
DS
PS: When Ric was on the Bench he took No shit from Anyone. He wasnt a blind follower. All on Both sides had their mettle tested. But in the End , the result was Fair n Just.

Anonymous said...

Ric Margolius alone witnessed 19 felonies committed by cops during the FTAA protests in the short he watched them. He didn't get beat up and arrested because a cop recognized him as a judge at the last minute. The videos showed hundreds of felonies committed by cops.

Kenneth Weisman said...

Michael's Genuine is long forgotten as anywhere to find a decent meal. Keep driving on N. E. 2nd to Buena Vista Bistro for the lunch specials. Try the steak tartare or the sublime chicken curry.

Anonymous said...

Ric Margolius is a trip. Always was, but fun to practice in front of. I miss those days. And, no, I don't have a "car phone."

Anonymous said...

"Me, I never gave a fuck and still don't, but I'm not naive either." Classic Ric. Gotta love it.

Phil R said...

Here's why you have to love my friend Kenny. Someone tries to make fun of his superior knowledge of where to eat and calls him snobby.

Kenny responds with an obvious and admittedly snobby comment in which he both demeans the original person making fun of him for recommending a restaurant which is apparently no longer in, and then sublimely (to use his word) cements his elite snob status by suggesting a new and better place to eat that no one else knows about (or very few anyway.)

Forget about Michaels, Kenny is an original.

Anonymous said...

DS.........it ain't all lies. Do a ride along. There are just as many naive PD's and private defense lawyers as ASA's. There's good and bad everywhere (cops are no different than the rest of us).

When I was an ASA, I witnessed people confess to all sorts of crazy stuff with absolutely no prompting. Remember, many of the poeple committing these crimes aren't the most rationale people in the world (and many are under the influence of alcohol or drugs when they encounter the police, so they're not exactly at their best).

As for Ric, God Bless him. He was one of a kind..........and ALWAYS fair. He also was great in trial. I wish we had a more like him (though perhaps a little mellower on the bench, LOL).

BTDT

Anonymous said...

To 12/3/11 @12:27 AM:
Lonnie Anderson is the blonde woman with the big jugs who was on WKRP in Cincinnati. Formerly married to Burt Reynolds. Sincerely, Fact Check

Anonymous said...

To 12/3/11 @ 12:27 AM:
Big Country is a Scottish Rock band that released a song titled the same.
Sincerely,
Fact Check

Lucky Guy said...

Rump! I have a new Russian Girlfriend!! I love that she drinks tea in a glass.!!! It's so cool!!!! (I also love she is six feet tall, has enormous real gazongas and is skinny as a rail.)

Angry Gurl said...

I've been a bit busy traveling over the holidays, but I can see you all missed me.

What's wrong with this blog and this legal community is that submoronc pig at 840 pm.

Everybody baking and eating Christmas cookies? Good. Go ahead, have another. After all it's Christmas so it won't count right? And even if it does, Santa is fat and he's jolly right? Of course he's also a diabetic drag on society. Showing up at ER rooms with multiple ailments due to obesity that my taxes have to pay for because he is unemployable and doesn't have health insurance and fruit for him is the strawberry jam in some cookie.

Obesity is an epidemic and if you don't believe me, just look at those people trying to stuff themselves into a seat on an airplane. The plane I was on recently actually ran out of seat belt extenders for the chubbers in economy class. Of course I don't allow myself to get close enough to them to care, but it still is a grotesque sight watching them try and stuff 80 pounds of butt in a 70 pound seat. Or whatever.


I'm back.

D.S. said...

BTDT
Cheech n Chong
Its the cops hide the dope.
Drug users do not show nor pull out their hidden drugs unless searched or forced to.
They aint going give up there stash unless forced
DS

D.S. said...

BTDT see below article.
DS

UNFIT FOR DUTY
SPECIAL REPORT: Florida's flawed system for policing the police
Part 1: Forty internal affairs cases would cost most police officers their jobs. But not Opa-Locka Police Sgt. German Bosque. Not in this state

http://www.heraldtribune.com/article/20111204/ARTICLE/111139979/2062/NEWS?Title=SPECIAL-REPORT-Florida-s-flawed-system-for-policing-the-police

Anonymous said...

LOL DS

Can't argue with a guy quoting Cheech and Chong for authority......

;-)

BTDT

CORRUPTION HATER said...

Cops: Pants on Fire:

Mr. Satz has, for more than 30 years, maintained a policy of refusing to prosecute corrupt police officers, or their agencies, who commit perjury, hide exculpatory evidence and commit other despicable acts.

Here is a little video to demonstrate the point:

http://www.youtube.com/watch?v=ADQgqWH87IE

Judge Michael Gates openly admitted that he was sending this innocent defendant to prison for 60 months, five long years. He had a chance to throw out this conviction after Hollywood I.A. Head testified, without objection, that a citizen does not have a right to resist excessive force by a Hollywood cop, and he must fall down and curl up as his only means of protecting himself. In fact, Internal Affairs cajoled the defendant's inexperienced and inept attorney, Madeleine Torres, A.PD. to send her client to the police to give an I.A. statement against the two police officers who smashed his face into a concrete floor for 1:14 seconds and put the accused in intensive care for four days; whereupon he was removed from the hospital upon the sheriff's assurances that "the jail hospital can just as adequately care for his injuries as could Memorial Regional." THERE is NO HOSPITAL AT THE JAIL, and the accused's pain and other medications were deprived him, and he was left in languish in excruciating pain for the next six weeks, or more.

Satz was in possession of an exculpatory video from the outset of this prosecution, and demanded of the defendant that he accept 18-to-22 years in prison. Vic Tobin's paralegal and P.I., happened to be the stepfather of the accused, and when, after 3 months of refusing to cough up a public records (unredacted and unaltered) video, and upon the threat of litigation, the City of Hollywood police department, finally, gave up "A" video; not a true copy of the pristine video, but a second altered and falsified video. Here is the video expert's report:

http://db.tt/VFAe9wnZ

cONTINUE READING HERE:

http://db.tt/Bxl6z2ji

CORRUPTION HATER said...

http://db.tt/Bxl6z2ji

rEAD ALL ABOUT cOPS WITH pANTS ON FIRE, HERE:

John McNamara