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

Wednesday, May 23, 2012

COURT APPOINTMENT FEES MEETING

Don't miss the big court appointment fees meeting on Thursday, courtroom 4-7, 4 PM. 
Even if you don't take court appointments, the issue of the Florida Legislature eviscerating the Sixth Amendment is serious. All criminal defense attorneys should be bothered by this turn of events. If indigent clients do not get quality representation then the system will not work. 


A reader is sad, and that worries us:
Anonymous said...
Rump,

The weather had me down, so I started thinking about this criminal justice system that we devote our lives to and, well, let’s just say that I started looking out the window again to try to cheer up..

As I read about the hearings before Judge Cooke on the Greenberg/TD Bank fiasco, I could not help but think (after overcoming the automatic gag reflex I have to anything civil) how government prosecutors -- both state and federal -- routinely and more egregiously hide evidence – either through gross indifference or outright deceit -- without anywhere near the kind of scrutiny or consequences that has befallen these civil lawyers. Prosecutors and law enforcement get to play by different rules than everyone else. Judge Gold tried to hold prosecutors accountable for misconduct in the Shaygan case and he gets reversed by the 11th. The State legislature wants to pay appointed counsel less than minimum wage. And the list goes on . . .

I’m really down today about the unfortunate realities of our criminal justice system and how unfair it is. Got anything to cheer me up?
Wednesday, May 23, 2012 4:29:00 PM
Rumpole says: A long holiday weekend is coming up. Does that help? Judge Venzer is coming back to the REGJB. That's always good for a few laughs. The Marlins Giancarlo Stanton has hit two grand slam home runs this month. That's something to cheer for. Egyptians are voting in a free presidential election this week. The Facebook IPO fizzled- come on-laugh with us at those chumps who bought that crappy stock. Oil is below $60 a barrel and Bin Laden is still dead. Plaxico Burress is bucking a trend and wants to play for the Dolphins. 

And finally, here's a touching story of a five year old African-American boy who was photographed in the Oval Office running his hand through President Obama's hair. The President  bent down when the boy asked if the President's hair was the same as his. A white house photog snapped the picture. It's a nice, feel good story. 
Cheer up Bucko. 
See You In Court. 

48 comments:

Anonymous said...

First entry into the Rumpole Blog photo caption contest:

"No Mr. President, when taking it from behind at a campaign fundraiser, bend over more - and grab your ankles."

Rumpole said...

Can't say I really agree with your comment. In fact, I find it repugnant. But....you didn't violate any blog rules, so up it goes.

BKs for me! said...

Rump as per the PDs, there's more than French Fries for sale at the BK, especially at a certain time, between 4 and 4:30. Like ten minutes before 4:30. You get it right?

DS said...

The Miami Beach PBA supposedly is mad cause the Chief has set a goal of 2000 arrests this weekend for Urban Beach Week.
DS

Anonymous said...

Always get good info from DS? Actually it was Howard Simon at the ACLU who was pissed about this rumor.

The Beach, of course, denied any such quota.

Now == which is lying + which is using mere rumor to substitute for journalism?

And why is DS so full of himself -- is he trying to become the Barrister of B*%$#& ??

confused said...

I thought I was fairly bright, but can someone explain the concept of "implied pot odds" to me? Thanks.

Anonymous said...

Why the DS bashing? Obviously, you don't know him. Anyone who does will tell you that DS is a straight shooter.

I don't agree with a lot of what he says, but it comes from his heart and usually is well thought out.

BTDT

"American Minority" said...

Rump, I have yet to see any sanctions imposed by most Judges. It is very troubling to see the blatant disregard for discovery. Getting an asa to turn over Brady is like getting a Tea Party member to come to a NAACP meeting.To the Robed readers 3.220 exists, and (n)(2)you ought to try using it for the sake of Justice. I suppose who really wants to serve justice right;I guess it's more convenient to ambiguously manipulate the discovery process with 3.220 (n)(A)(B)(C).
When a fight turns dirty one must throw mud. I look for Brady material, like a thoroughbred hound dog.I leave no stone uncovered.
Rump as you know I have dedicated haters who wish to ban my opinion from the blog.Tell you what,people in hell want ice cold water.I haven't seen any memo that a pitcher has been sent. Maybe those who have maliciously, and unequivocally, handed out lengthy sentences can send us back a brief.

American Minority said...

I is a laws studint but I studies fla r crim pro and I sniffs me out sum gigolos. Now those Asa's is gonna have a bars cuntplate.

Anonymous said...

American Minority makes me long for the days of Jack Thompson's postings.......while Jack was (and is) a nutjob, at least he was a very good writer.

"American Minority" said...

"He that would make his own liberty secure, must guard even his enemy from oppression." Thomas Paine
(1737-1809)

Anonymous said...

Brady, the new breed of ASA think it is a sitcom, the Brady Bunch. Ethics is a joke, perjured testimony is fine as long as it gets the State what it wants. I too seek Brady and Giglio materials like a rabbit Ridgeback, regrettably most judges do not even appreciate the importance of Brady/Giglio, and even less find Discovery violation important to the Due Process Rights of the Defendant. The training the new ASA’s are getting is win at all cost, if Janet were around she would fire half of the ASA’s and send the rest to remedial classes. I have a modest proposal, have Judges Rosa Rodriguez, Lisa Walsh, Victoria Sigler, and Dennis Murphy handle all discovery motions, much the same as you have ROC or Back up. Have a weekly calendar for discovery issues, and have these judges hear the motions. What Say You??

Anonymous said...

implied pot odds equal the amount of money u can win from your opponent if you have the nuts after the river..

Anonymous said...

Thursday on a long holiday weekend. Exactly when can I call the Shumie and take off until Tuesday?

Anonymous said...

Hair texture in Africa is very important. Some African-American women's entire psyche driven by their hair. Wigs are everywhere. amazing pic!

Anonymous said...

Who's going to replace J. Venzer in Circuit Civil?

DS said...

940pm
I saw the report and read the Herald about last years collateral damage victims. I thought I would put the quota issue out for a comments , on the blog, since I did not see it mentioned.

Nor did I see any comment on the MB Chief'press confrence discussing using the inter-agency agreement and getting Metro, Miami Hialeah LEOs for almost 600 extra cops working the Beach for the weekend.
If you remember it was Hialeah LEOs doing the shooting on 5th street into the car and killing the driver.

I aint trying to be a reporter and get the scoop. Just raising an issue for comment.

I will predict a busy weekend for, Jail bookings, bond hearings and Bonds-people. Lot 18 , rumor has it will be closed for use ..?
DS

Anonymous said...

Most of you are idiots if you really think anyone at the SAO is intentionally holding back Brady Material. There is not a win at all cost mentality either. Never once in all my years have I felt that. If I did I would quit today.

In fact, the only ASAs who intentionally withheld Brady Material are shockingly members of the criminal defense bar now. How ironic.

If you think a new ASA is doing something wrong, instead of throwing a shit fit, why don't you explain it to them and act as a mentor. They will appreciate it if you talk to them like they are human and not pieces of shit. If not, they end up like American Minority and think they know it all when they haven't done a damn thing in their career.

Anonymous said...

I think American Minority is a distant relative of Jack.

Anonymous said...

Only one problem DS the PBA does not represent the cops on the Beach. They are FOP.

DS said...

This is the beginning of Ch. 10s report. Howard Simon / ACLU responded to the Police Unions complaint about a 2000 arrest quota.

MIAMI BEACH, Fla. - A reported arrest quota for Memorial Day weekend is causing anger and concern among community activists and union officers in Miami Beach.

Rumors of the quota, which allegedly calls for 2,000 people to be arrested over the holiday weekend, first came to light in an email complaint from the officers' union. In that email, the union called the quota "aggressive, patently unfair, and unjust."

Police Chief Raymond Martinez has denied the reports, saying in an email to Local 10, "I want to be clear, there is no arrest quota for Memorial Day weekend or any other day on Miami Beach
But the ACLU is also concerned, especially when it comes to protecting civil rights.

"This is a big mistake they're making," said ACLU attorney Howard Simon."Their goal should be zero arrests, not 2,000 arrests. If police are going to use arrests not as a last resort, but as a first resort they're going to make the situation worse."

The ALCU sent a letter to Martinez saying this is "targeted solely toward a predominately African-American event" and "raises serious constitutional concerns."

They also said police need to use "professional training" to diffuse situations rather than arrest party-goers as a first response.

U.S. Rep. Frederica Wilson said the quota is unfair and wrong.

"We're not going to use our children as quotas," she told Local 10's Ross Palombo. "These children are already petrified."

Wilson said she will not allow the police to "use our children as bait for you to raise the profile of your police department."
Miami-Dade Commissioner Barbara Jordan said it is a form of racial profiling and being done "deliberately to kill Urban Beach Weekend."

"The police chief can deny it all he wants, I've seen it in writing," Jordan said. "They have a plan on how they will tackle the weekend and the kinds of things they're going to do."

DS

Copyright 2012 by Post Newsweek. All rights reserved. This material may not be published, broadcast, rewritten or redistributed

Anonymous said...

Former ASA here:

If you think that your average pit prosecutors (who handle 99% of the cases) are hiding discovery or sitting on Brady material, you are nutso. I thought that when I worked there and I think that now when I'm on the other side.

Anonymous said...

"Anonymous Anonymous said...

American Minority makes me long for the days of Jack Thompson's postings.......while Jack was (and is) a nutjob, at least he was a very good writer."

This.

Please, Jack. Please come home. There must be SOMEONE you need to condemn for SOMETHING.

Anonymous said...

Bottom feeders unite. see you on thursday worrying about being paid $50 an hour. I pay my plumber more than that.

Anonymous said...

kudo's to 9:40 am

MBPD PRESS RELEASE said...

Press Release

FROM: Miami Beach Police Department
TO:Visitors to our City
SUBJECT: Go Somewhere Else

DUI checkpoint will be set up on Venetian from Friday, May 25 @ 8:00 pm until Tuesday, May 29 @ 8:00 am. We will also be conducting a "residency check" to ensure the "safety of the residents" on Miami Beach.

Don't be caught DWB (Driving While Black) on Miami Beach.

Anonymous said...

Miami Beach police officers are represented by the FOP not the PBA.

"American Minority" said...

A Broward Sheriff’s Office deputy and reality television star is under criminal investigation for falsifying records, Broward Bulldog has learned.

Deputy Jerry Wengert, who starred in TLC/Discovery Channel’s “Unleashed: K-9 Broward County,” was notified of the probe in August by the prosecutor in charge of the State Attorney’s public corruption unit.

“This letter is to inform you that you are the subject of an investigation for falsifying records,” said Timothy Donnelly. “At the conclusion of the investigation you will be notified of the results.”

What prompted the investigation has not been made public, and Donnelly declined to discuss the matter on Monday.

“It’s still an open investigation so I can’t talk about it,” he said. Investigations of deputies and police officers typically begin at the agency where they work, he said.

Wengert, a deputy since 1997, remains on regular K-9 patrol duty. He declined comment through a police spokesman.

Wengert’s Internal Affairs file shows that he has been investigated at least five times since 2006. In each of those cases, he was either exonerated or it was determined that a complaint against him was unfounded. None involved the falsification of records.

If BSO has an open internal investigation, it is exempt from disclosure under Florida’s public records laws, a BSO spokesman said.

Sheriff Al Lamberti declined comment about Wengert through a spokesman.

“Unleashed” is a six-part series that aired nationally in April. The show “is a candid look into the dangerous, yet surprisingly funny world of a K-9 unit –from foot chases and guns to bathroom breaks and dog food runs,” according to its Facebook page.





Wengert and Brown also have made several public appearances with Lamberti around the county as he seeks re-election – including a Coconut Creek restaurant on Nov. 19. Joining them were Deputies Shelunda Cooper and Julianne “Julie” Bower, BSO TV stars from the cast of TLC/Discovery’s “Policewomen of Broward County.”

Lamberti formally filed to run again on Oct. 4.


Specifically, BSO Internal Affairs records state that a May 2004 internal audit found that Bower had “exceptionally cleared” 10 car burglaries by reporting that an unidentified juvenile suspect had confessed to committing those crimes. The audit, however, found the youth was jailed when at least one burglary occurred “and therefore could not have committed this crime.” As a result, Bower was cited in 2007 for failing to meeting BSO standards and was docked a day’s pay.

Wengert was BSO’s employee of the month in May 2008 for his apprehension of burglary suspects with his dog, Oozi. Two months later, the 7-year-old Belgian Malinois was shot and killed while helping to catch another suspect

Broward State Attorney Mike Satz has assigned prosecutor Deborah Zimet to handle the criminal investigation of Wengert. Zimet is a longtime homicide prosecutor who joined the corruption unit a month ago.

Gerald Wengert was officially informed of the state’s investigation on Aug. 18.

“While the investigation is pending, your name will be added to the ‘Brady List’ maintained by the State Attorney’s Office. At the conclusion of the investigation you will be notified of the results,” Assistant State Attorney Donnelly wrote.

The term Brady List refers to a list of the names of police officers about whom the state has information that would be favorable to the defense and could be used to impeach an officer’s testimony and undermine his credibility. The state has a legal duty to disclose such information.

The Brady List is apparently a recent development at the State Attorney’s Office.

“I haven’t heard of it, but I’m glad there is one and I want a copy,” said Broward Public Defender Howard Finkelstein.

Broward Bulldog has filed a public records request seeking a copy of the list.

"American Minority" said...

You can talk all you want, I get things done. I posted the article because these two clowns are set for depo's. I prove points, while most of you run your mouth. That must be rookie luck, hunh ;) See you in court...

DS said...

FOP or PBA who cares,
its the MB Police Union.

DS

ps

940 & 443 go Fuck yourselves
and dont post unless you have something worthwhile to say...

DS said...

TITLE THIS The CURE FOR CANCER:
DS

go to 29 min 35 sec mark on first video and watch next 5 min

Run From The Cure The Rick Simpson Story (Full Version )

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

What if Cannabis Cured Cancer

http://www.youtube.com/watch?v=tvtP7NgD8s0&feature=related

Mr. Knowitall said...

Good stuff here-

1). As a beach resident, I can only hope this quota kills Urban weekend. The reality is that it does not do a thing for anyone here. Ask any merchant. The only people who do any business is liquor stores and fast food joints.

Joes doesn't lock it's doors before this event just because Stone Crabs are out of season.

2). Sometimes bottom feeders get fat, and sharks drown in nets from chasing tuna. By the way, some of the best attorneys in Miami take court appointed cases. But that will end if the state won't pay them. All that will be left is the kind of attorney who anonymously calls other people names on a blog.

3) I can only hope the quota is not just a rumor. I want to buy a new Harley, and a couple misdemeanor possession cases will cover that bill nicely.

4) when is Frederica Wilson going to stop wearing those stupid cowboy hats?

5) the picture of Obama does not compare to the one that was released today of Clinton.

6) no win at all costs mentality?? Please. You know there are some ASAs that think their job is to convict people, and not seek Justice above all else. It is not endemic to the office, but it does exist.

7) hair texture in Africa is important? Funny, people here never give it a thought. I guess there are some inherent differences between whites and blacks.

8) rabbit ridgeback?

9) judge Murphy would slit his own throat before he had to handle every other divisions discovery problems.

10) Poker terminology just sounds cool. Must be a great game, because I've never heard of anyone admit to losing any money while playing.

"American Minority" said...

Rump, have you ran a post on the Brady List release? If so, I missed it, it is regarding the names of officer's who are in trouble with the Law, active investigations, convicted officers, Detect. etc.

Anonymous said...

Am Min,

Shut up you dick.

Anonymous said...

Hopefully the cops won't kill all of the potential clients this year

"American Minority" said...

7:03, I think I know who you are I believed we bumped into each other on the elevator this morning. I wonder if "our" knew that you were a racist. I can tell that's what you are. You look like a miserable little dweeb, with a little white guy dick, and a cheating wife. BTW the way everyone knows even though you are the boss you are a complete asshole. I understand why you leave the comments that you do.Your a miserable white guy and I am a descendant of the (Negus- The title of a King ,Ruler,or Emperor, from Ethiopia.) I know my history and superiority look up the word racist dork. (Negus)

Anonymous said...

American Minority--claims of racial superiority can only lead to bad things. You, being the great student of history that you say you are, should know this better than anyone. I'm beginning to agree with some of the other posters that you are a fake and simply an agent provacoteur.

Anonymous said...

Am Min-

Wrong again. I wasnt in the elevator.

And the fact that you claim to have been in the elevator with the person who has called you every name in the book and you didn't say shit shows you are the punk we all know you are.

What a big talking pussy. You had the opportunity to confront that person who called you inept, a dick, a pussy, illiterate, a racist and a name dropping poseur, and what you did was run to your computer and leave a comment on a blog anonymously??? Seriously, check your pants and see it you lost your testicles in that elevator today.


Like I said, every time you comment here a little more of you comes to light, and it gets worse each time. I don't know how you can even stand yourself. When you are lying in bed tonight, staring at the ceiling, abusing yourself, remember that you are a gutless punk who thought he was standing next to his nemesis, and you folded like a house of cards you spineless dick!

Anonymous said...

DS,
Don't worry about losers like 9:40 and 4:33.
Don't even bother responding.
You're better than that.

And what's with all the name-calling and derogatory remarks going on here. I guess the sticks and stones saying was wrong. Names can hurt. I can't believe some people seem to be getting so worked up over anonymous rants. Why does everyone seem to be taking all of these rants and raves personally?

Anonymous said...

Way to go Moriarty!

"American Minority" said...

8:48pm, I joined this blog and took the title AM, because of the bias way that you white and hispanic, people think you can treat AM. Like one of the posters stated "You all have a dismissive attitude towards minorities, and it is evident on this blog. When a black person does not bow down in submission to you people you cant handle that fact and take offense, because of your hatred and superiority complex. Johnnie L. Cohcran even stated that,"We are exiles in our own country." I joined this blog to give the AM point of view and look how you respond. It's deep look how the GOP responds to Minorities. You are right about the comment of race superiority,but you fail to realize that we as minorities are the only race who is censored about acknowledging our history, Jewish people can fervidly express their feelings about the holocaust and cubans can express their grievance over tyrannic rule, but blacks cannot discuss the fact that our ancestor's were kidnapped, murdered and made to be slaves in America. We were the damn economy, and built this country, subject to slavery and Jim Crow, and currently the New Jim Crow which is the Judicial System, we are deemed provocateurs or antagonist. You people are in major denial and I am proud of my history and who I am. I just try to bring that to the many readers attention on this blog because as some of my white friends have secretly disclosed to me they just don't interact with or understand anyone outside of their ethnicity, which is a form of ignorance. Provocateur no,American, realist, lover of myself and my people, absolutely.

Anonymous said...

Am Min-

Don't you dare try to take the high road. Read your own post. You called some guy in the elevator a racist, said his wife was cheating on him.

If you think anything you have ever written on this blog is enlightenment, or has done anything to educate others with regard to the minority point of view, you are delusional.

But keep writing, I love fiction, and there is nothing else interesting here to comment on.

Blog General Manager said...

When this blog was nothing but a backwater sludge repository for negative comments about Judges, there was Shumie Time. ST brought this blog into the big time. From ST came some of the most famous fakes in the history of blogging. RFB, Fake Risivy, Fake Peckins, Fake Adlestein, Fake Ted Mastos, Chris and Alan, Fake Former Judge, Word of the Day Guys, and of course the pinnacle of all fakes: Fake Tannebaum.

So BTDT take your criticism of ST and stuff it. You would' have a blog if people didn't screw off at work.

Real Fake Former Judge said...

These pretzels are making me THIRSTY!

"American Minority" said...

7:35, I am a realist, not a butt kissing Uncle Tom. It is interesting how you don't have any intelligent response for the very relevant issues I brought forth, the common dismissive attitude. That is exactly what birthed my revolutionary attitude. I don't need the white man's approval or symbolic head rubbing to be excellent. Don't you see that no matter how educated or qualified, you people are always cynical, and pessimistic, towards others outside of your race especially in the Judicial System. The President of the United States Graduated top of his class and was the President of the Harvard Law Review, but what he had to show his papers to "masser" the Donald. It was degrading it reminded of the books and story's I am aware of in my history, where blacks were stopped in the 1800's and asked for there freedom paper's. Honey your going to have to face the fact that" For what things a man shall sow those also shall he reap." With that being said, how long do you think that we as minorities were/are going to be your physical , mental, beating bags. Did you think we would not rise again. Remember it was illegal for blacks to even read in America in the 1800's. Do you seriously think kidnap, murder, and slavery, oppression, and usury, is going to go unrepayed by man or God? He is
God of the Gentiles as well. Shalom

Anonymous said...

I don't seem to recall you all rising the first time

Anonymous said...

American Minority brings a valuable if voluble contribution. The energy and naivete of his youth is charming (intended entirely as a compliment). His insight into the dismissive attitudes he encounters are not unique, but clearly something not comprehended very well by this allegedly educated and way-too-defensive crowd. Having lived and practiced in several racially diverse areas in multiple jurisdictions in different regions I can say, based on my experiences (prosecutor too), that Florida is deep cracker, and carries a legacy hundreds of years old that is difficult to pierce. I've appeared before black male and female judges who served as Asst US Attys in the fifties & sixties up north. I think the Florida law schools were still segregated at that time (oh, so were northern courts... one US district chief judge tried to bar black DOJ attorneys from his courtroom). And we all know the legacy of slavery has never been properly acknowledged (especially in the criminal justice apparatus) and the cost of slavery can never be repaid. KEEP WRITING American Minority!

Anonymous said...

Please point out any one valuable contribution made by American Minority.