Friday, March 16, 2012


UPDATE: As the Barrister points out in the comments, Herald Ace David Ovalle breaks the story of the SAO being unable to file felony charges against a Gulliver prep teacher who seduced and slept with two female students under the age of 18.  Misdemeanor battery charges were filed. 

NCAA Tourney...blah blah blah..  FSU's gonna make the final four, so is North Carolina, and Kentucky and some cinderella team from the last bracket.  Tell us something interesting. 

Here's something. Remember the Government's massive coverup during the prosecution of the late Senator Ted Stevens  (R. Curmudgeon, Alaska)? Remember how after the conviction the case fell apart when it was discovered that the government hid evidence including exculpatory statements from witnesses? 
The court appointed investigator into this fiaco released his report here. 

“The investigation and prosecution of U.S. Senator Ted Stevens were permeated by the systematic concealment of significant exculpatory evidence which would have independently corroborated Senator Stevens’s defense and his testimony, and seriously damaged the testimony and credibility of the government’s key witness,” wrote Henry F. Schuelke, the investigator assigned to the case." 

But other than that Brady is alive and well in the federal courts, and other than that how was the play Mrs. Lincoln? 

Ray Martinez, who worked for 21 years for the City of Miami and for the last 11 years as the deputy chief of the Miami Beach Police Department is the new Chief of police for the Beach. Chief Mark Overton of the Hialeah  Police Department (Motto: "proudly beating up defendants for the last fifty years") was runner up and accepted the offer to become Deputy Chief of the Beach. 

Iteration #3 goes on sale today. Get in line early. In fact when you're in line, look for DOM who thinks the opening days of the NCAA are the most exciting sports days of the year. If you see him, you guys can fill out your brackets together. Have fun. 

Shark bites man (no lawyer involved).


Barrister of Ballentrae said...

A must read is Ovalle's story in Friday's Herald about the Pinecrest Teacher Not being charged with having sex with his students and the SAO not charging him. Interesting part is this section:

A "second teen stopped cooperating with authorities, announcing she would not “participate” in any prosecution of Diaz. Although the Miami-Dade State Attorney’s Office could charge him anyway, they would have forced the girl to testify against her will — running the risk she would deny the whole affair on the witness stand, according to the final memo.

“I will tell you that not once in the past year and a half did I feel victimized by this man,” she wrote in a letter to prosecutors. “In telling you this I beg of you to see that this is something spoken purely from me and with no outside influences, namely Mr. Richard Diaz.”

If she recanted on the stand, Miami-Dade prosecutors worried, they would be forced to arrest her for perjury.

“There is clearly something inherently wrong and unjust in that situation,” prosecutor Ivonne Sanchez-Ledo wrote in her final memo, adding that “we should accede to her request and not file the criminal charge "

The Barrister

Anonymous said...

to your point, http://www.miamiherald.com/2012/03/15/2696128/florida-attorney-general-fires.html

Anonymous said...

I'm standing in line now for next years' ipad4.

Anonymous said...

What about the story of the woman committing credit card fraud to pay her criminal defense attorney for a pending case?

CAPTAIN said...



The JNC has met and voted to send five names to Governor Scott to replace Judge Julio Jimenez. They are:

Ariana Fajardo
Alan Fine
Judge Andrew Hague
Judge Cristina Miranda
Bonnie Riley

The committee had interviewed a total of 13. Two notables that did not make the short list : Judge Rodney Smith and attorney Alan Sackrin, who had previously had his name sent up to the Governor.

Cap Out .....

Anonymous said...

I saw two people wearing orange shirts inside John Martin's this afternoon, and at least one of them was doing it on purpose. If somebody wore an orange shirt in any Irish Bar/Pub in NYC or Chicago this close to St. Paddy's Day, they wouldn't leave without, at least, a good beating.

"American Minority" said...

Not surprising, this was discussed at Civil Rights Attorney & Stanford/O.S.U. Law Professor Michelle Alexander's Book signing and Lecture/Question session at Books & Books in Coral Gables.The name of the book is Titled "The New Jim Crow". One of the references,is to the authoritative study Arbitrary Justice:"The Power of the American Prosecutor." The event was co hosted by Miami Herald Columnist Leonard Pitts. The Ted Stephens case is very unfortunate. I grew to be neutral towards Sen. Ted Stephens and I coincidently happened to be at Arlington National during his services.I suppose a proactive method would be to fine tooth comb a case and find as much Brady Material as possible.

Anonymous said...

Did somone call the Shumie yesterday?

Fake jay white said...

Petyton Manning shumied the dolphins yesterday.

Anonymous said...

I am a responsible supervising atty at a large civil firm and I am about to have an affair with a law student who has rocked my world. Any advice before I risk it all? Help......

Patty o toole said...

Erin go braless? You're rollin the dice big time guy.

Anonymous said...

For the impending affair-

Drink lots of Fluids.

Pay cash for everything.

When the sh*t hits the fan, take her for a nice long cruise. Balcony Suite.

Anonymous said...

Got the cash. Plus no texting from a phone traceable to me and same with emails. But fluids? And who goes on the cruise and why?

Anonymous said...

Who takes a cruise? Old people who get free blood pressure screening and go for the early bird dinner special at 4 o'clock at Cafe Prima Pasta.

Anonymous said...

Rump, where is Shumie O'Flannigan?

Anonymous said...


i fart in your general direction.

DS sez: said...

Pineapple juice

Anonymous said...

Discovery reform legislation was introduced yesterday. Lets see what happens. NACDL had an webcast yesterday with Ted Stevens' lawyer. Worth going over to their site and taking a look.

Tinker tailor solider..... said...

The fat man at Datran is off thr farm. Now what?

Boris Ivanovich said...

Have Dublinsky and Yelnakov speak to the Fatman.

Anonymous said...

Fluids- think refractory period.

Cruise? Deep water. No body. No crime.

Anonymous said...

the girls from fsu will not make the finals. rumpole is a fool. fake stan blank says go gators as does fake C J Brown and Emmas and others/

"American Minority" said...

This is a tragedy where is all of the Zealous prosecution when its actually appropriate. Please sign the petition and forward if you believe that human life should not just be taken at will. Its very heart wrenching to know this animal has not been charged. Situations like these make me question the Justice system and the motives behind the humans discretion in our system. What was suspicious about a 17 yr old black teenager walking to a relatives house after leaving 7-11 with a Arizona Ice tea and a pack of skittles ??? Jesus Christ! http://justicefortrayvonmartin.com/

CAPTAIN said...



Comments requested on senior judges seeking service renewal

The following senior judges’ current service will expire on September 30, and they are seeking service renewal.

Any persons having knowledge bearing upon the fitness or qualifications of any of the senior judges on this list to continue service as a senior judge should send, on or before April 16, written comments to Thomas D. Hall, Clerk, Florida Supreme Court, 500 South Duval Street, Tallahassee 32399, or by email to seniorjudge@flcourts.org, or by telephone to the chair of the appropriate review board as noted.

Review Board Three (Judge Linda Ann Wells, chair, (305) 229-3200): Philip Cook, Robert M. Deehl, Amy Steele Donner, Charles D. Edelstein, Richard Y. Feder, Eugene J. Fierro, Ronald M. Friedman, Seymour Gelber, Marvin H. Gillman, Gerald D. Hubbart, Edward S. Klein, Judith L. Kreeger, Richard G. Payne, Thomas K. Petersen, Steven D. Robinson, Jeffrey Rosinek, Alan R. Schwartz, Martin Shapiro, Stuart M. Simons, Raphael Steinhardt, Herbert Stettin, and David L. Tobin.

Cap Out .....

Anonymous said...

What about rick margolius

Real Fake Jimmy the Gent said...

True or False- when they took out Tommy it was revenge for clipping Billy Bats?

Angry Gurl said...

Been away overseas (Berlin) on a case. There's more to the world than speaking Spanish and going to Vegas or the Bahamas for a vacation. This town is so narrow minded.

In Europe they eat real food, not irradiated junk. The tomatoes taste like tomatoes. Ditto cucumbers and potatoes. You know what you don't see in Berlin? Any 40 year old people so overweight that they have to travel around in scooters while sipping gallons of coke. What you do see is healthy vibrant people living into their 90s without any crippling diseases.

The parks are full of happy healthy people. There are museums and all sorts of free concerts- from classical to modern. I went to a free shakespeare play in the park and after it was over I heard a group of teens discussing whether Hamlet was properly staged compared to other plays they have seen.

Doubt you would ever hear a group of teens in Miami having the same discussion.

As a society, it sometimes appears to me we're doomed.

Anonymous said...


Anonymous said...

I share your sentiments about obesity but Bad example with the Germans angry girl....." In response to a recent study which showed that Germans are fatter than all other Europeans, the German government called Wednesday for concrete steps to wage a nationwide battle of the bulge. (...) The new initiative was spurred by a study released by the International Association for the Study of Obesity. It found that among EU countries, Germany has the most overweight women and men. Among adults, the study found that 58.9 percent of German women are overweight; 75.4 percent of men tip the scales. (...)
The rates of obese and overweight Germans now match those of Americans. " From int journal of medicine.
Jason Grey

Anonymous said...

In response to 9:13's question, Ric Margolius' term of service expires September 30 of next year 2013. But Ric plans on packing it in at that time to do other things, such as wandering aimlessly through the casinos of Panama oogling Panamanian cocktail waitresses.

Kenneth Weisman said...

Having just returned from Panama, may I suggest that one of the most enriching experience is to aimlessly walk through those delightful Panamanian Casinos!

DS sez: said...

Yes Europe is lovely, Angry Gurl. But Central and Eastern Europr is also enjoying a rebirth in National Socialism. Even in the Baltic had a March 16th celebration for their home grown Nazis.
Three wars from 1870 to 1945 and the Soviet gulag of East Europe from 1945 to 1988.
No thanks rather have MacDonalds


Health Facts said...

Check out the statistics by clicking on the link.

BTW- I do not appreciate you making comparisons of Miami teens to those in the Europe. You cannot compare European teens to North American teens. Different lifestyle, different up bringing, different atmosphere--- but then again is that not what makes us all unique?

AND-- Europeans have a diverse cultural history in their food and this is still obvious in every nation. It would be wrong, however, to consider European food healthier overall – this is not necessarily the case and Europeans, knowing this, tend to eat smaller portions. Virtually every aspect of French cooking involves butter and cream.

Barrister of Ballentrae said...

Under what Policing Thery do police have the right to demand you open you cooler to their search before you walk on to a open public beach durning the daytime? No PC , No Warrant, No crime reported. A search for illegal beer.
from the Herald story on Spring Break and M.B. rip offs:

But the biggest change is that police officers are seizing the booze before the breakers can set foot on the beach. Officers are opening coolers, and asking kids to dump their vast supplies of alcohol into bins filled with sand.

The Barrister

Ps love the rip-offs:

... South Beach club operators were another story. The night before she’d waited 90 minutes to gain entrance into Club Play, only to be informed there was a $40 cover for women, and a $60 cover for men — Spring Break prices, she was told.

Read more here: http://www.miamiherald.com/

Anonymous said...

Me thinks Angury Girl is Rumpole, his alter ego.

The only teens who would ever discuss Shakespeare are those who are interested in the theater otherwise European teens are pretty much like every other red blooded teen here in the USA.

Angry Gurl said...

My my aren't we touchy? In my observations of walking through parks and streets in Berlin, it is a vibrant and healthy population. As to the French, all available research shows fat does not make you fat. Processed carbs like those founds in chips and soda and twinkees makes you fat. So eating a diet rich in cream and butter will no in and of itself hurt you. Eapecially when your portions are modest.
As to ds, spoken like a pd and isn't the PD system a socialist program anyway? People who work in glass offices....

Anonymous said...

1:41-- took the words right out of my mouth. People who live in glass houses shouldn't throw stones and angury girl-- quit picking on people, quit criticizing them and don't be so quick to judge or point fingers at others. You only live once-- ENJOY LIFE!!

Anonymous said...

Lighten up Angury Girl-- Twinkes rock and eating pototo chips makes me happy.

I do not believe drinking pop can kill you just as I do not believe smoking will give all who smoke emphysema. Just my two cents. I will now go back to watching Rambo while chugging back a beer and eating pork rinds.

Angury Commenter-- No relation to Angury Girl who is nuts and judgmental.

Ds sez said...

Angry Gurl
So You do not beleive in Gideon, nor that the poor deserve decent representation in court?

I like Capitalsm, Just regulated markets where we all pay our fair tithe to OUR Gov'y. I'm a Democrat not a Socialist, the Socialists were my Great-grandparents that were in the Workers Circles and Gompers Union Organizers.


PS "Commie or Nazi are Both Political Oppressions born in your beloved Europe.

PSS I wonderwhy you spell your name like a TS, not a Lady ( Gurl vs Girl).

Anonymous said...

Weisman and Margolius - yeah- two alta cockas trolling Panama for chic as half their age laughing at them and then taking their $$

angry girl said...

Gurl vs gurl was a typo the very first time I posted and I guess I just left it and ran with it.

The US has a white supremacist nazi party as well. Every country has their nuts. However the vas majority of Europe that I have seen are peaceful, happy, and health people.

As to enjoying life- eating until your body gives out does not seem to me to be the path to happiness and enjoyment. it is the path to a life in doctor offices and an early grave. Keeping your body healthy so you can ski a mountain, take a ten mile hike, swim, or bike across a country in Europe is my definition of enjoying life.

As to Gideon- we just happened to have a supreme court case on representation. I would suggest there should also be a supreme court case on children being hungry, children being sick without medical care, children being homeless. Then we could have government funded programs for those people as well, who in my humble opinion are more entitled to government help then criminals.

We have misdirected our altruism.

PS I changed my name just for you and just this once, and I admit to being clueless that gurl was slang for anything other than a girl.

Secret Judge said...

To 5:09, having personally discussed Ric Margolius' adventures in Panama with him, you should know the guy is EXTREMELY wealthy and plans on leaving UM Law School with over a million dollar donation upon his death for a scholarship fund. Also, he put his incredibly beautiful Panamanian girl friend thru law school, and she now teaches at the same law school. Check out the amazing photos of Ric's life in Panama on the Ric Zweig website and decide for yourself. Admit it, you're just jealous, he's having tons of fun and you're not.

DS sez: said...

It was a low blow and I apologize. I do beleive We The People Can and SHOULD make Our Country better. Not through the courts but by electing caring and thoughtful legislators not BS artists and egomaniacs who sell to those who topped out in 9th grade.
Europe has its beauty and History, but much of that history is built on the back of oppressed people.
We are not much better , our political ansestors stole this land by force.
The questions now are hoe do we personally and as a community, State Nation World do better, Can we even agree what better is.
Do unto Others ?
Again sorry for the slight,


Anonymous said...

Angry gurl admitted to a typo!
She's not perfect!

Anonymous said...

Has anyone heard about or from former Judge Amy Dean? What is she up to?