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

Friday, May 11, 2012

SPECIAL NEEDS....TURTLES?

UPDATE: Live blogging (sort of) from the Marlins game. The NY Mets are in town for a weekend series, with day games Saturday and Sunday. Your Miami Marlins were 8-1 on their 9 game road trip. Tonight  Austin Kearns launched a  two run homer in the first has your Miami Marlins up 3-0, bottom of the first. 
Update: top of the seventh- 3-2 Fish. Marlins bullpen needs to step up.
Update: And the bullpen failed us again. A three run Met eighth has it Mets 5- 3.  The Marlins rallied twice on the road to win after surrendering the lead. Can they do it again? 


Teenage Mutants, and special needs turtles: 
The Herald article here references the theft of two "special needs" turtles. 
And just what, pray tell, are special needs turtles? 
Are they "slower" than the other turtles? 
Do they have Turtle Attention Deficit Disorder? 
Are they shy and hesitant to come out of their shell? 
Meanwhile. the turtles were stolen by "foul mouthed teens".  
So the BOLO is "Two special needs amphibians in the possession of two cursing teenagers. Approach with caution." Or something like that. 


According to DOM, Supreme Court Justices like to read How Appealing. 


How didactic. 


Enjoy the weekend. 


33 comments:

Anonymous said...

Tomorrow would have been Maxine Cohen Lando's birthday. RIP, Max.

secret Judge said...

Wow, something actually funny on the Blog, ie Turtles shy to come out of their shell. Rather witty, if I do say so.

Anonymous said...

Happened to stumble across the Padilla "fundraiser" last night at George's. What a joke. Maybe 3 lawyers and 5 secretaries, none of whom anyone would recognize.....the "candidate" sure looked happy though in his too-short tie and cheap suit, pounding beers and stuffing his face....

I'm sure he raised 3 or 400 bucks, all of which he consumed.

That this guy is even on the ballot is an indictment of the system.

Anonymous said...

Hey Word of the Day Guys. How about Didactic. And tell us some of those of your favorite attorneys and judges who could be described as didactic

the trialmaster said...

Its difficult to believe that Max departed before her 90 something mother. I miss her terribly.

Anonymous said...

Didactic? Pretty sure it was used by Kurtz in Apocalypse Now!

Anonymous said...

Anyone going to the Spring Seminar today? Who is Michael Mervine?

Anonymous said...

Secret Judge,

Funny? That's funny? You probably think America's Funniest Videos is cleverly written too.

Anonymous said...

Very struthious

CAPTAIN said...

THE CAPTAIN REPORTS:

JOHN GOODMAN - ROY BLACK - ....

Bob Norman live bloggin from the courtroom:

2:33 -- Black citing case law where even the innocuous introduction of outside evidence was enough to step on a case. He mentions a case where a juror looked through binoculars to see if it was conceivably possible . The verdict was thrown out, Black says, "even though looking through binoculars is something people do all the time."

"I think this is as clear as it gets, your honor," he said.

2:28 -- Colbath asks DeMartin if he used any kind of hyperbole in the book. Black objects for "editorializing." Black is overruled.

DeMartin says it's true, but that "I didn't take the drinks to find out if he was guilty or not."

Colbath out of nowhere asks if DeMartin had any hydrocodone in his system during the experiment. DeMartin says "I don't even know why hydrocodone is." Seems like that drug was a big part of the trial. Shouldn't DeMartin at least know about it?

2:26 -- DeMartin is in the courtroom.

2:23 -- We're arguing semantics now. Black says, when asked, that it would be OK if jurors discussed how they felt after several drinks, but that it's different because DeMartin did it with intent.

Black: "To see what his mind would be like to determine whether or not Mr Goodman would have been impaired... He wasn't doing it socially... He wasn't doing it because that's what he normally does."

2:20 -- Roberts says DeMartin's experiment was "foolish and stupid," but points out that if he'd had three drinks just for fun, and decided he couldn't drive, that wouldn't be a violation.

"Life experiences are allowed," Roberts said, adding that having a few drinks after a trial was a normal thing to do and not an obvious experiment like "lighting mattress stuffing on fire."

2:18 -- Prosecutor Ellen Roberts made reference to "Goodman's self-reported number of drinks" that night; camera cut to Goodman, who sneered and repeated "self-reported" to himself.

2:16 -- Black: "His recreation was used to debunk our defense."

2:12 -- Colbath points out DeMartin indicated in the last interview that he was thinking "not guilty" when deliberations started, after the experiment.

Black says it doesn't matter how much the experiment influence the verdict; it's enough that "this was done outside of court... and it was material in an issue in the case."

2:09 -- Black says DeMartin's experimental conclusions are "directly in conflict with the testimony in this case."

Black read several excerpts from the book that made DeMartin look baaad. Of DeMartin's reliance on impermissible experiments in his decision, Black says, "I don't know how you could get more adamant than that."

2:04 -- Goodman's lawyer Roy Black calls DeMartin's publishing a book before sentencing "a first in jurisprudence." He also says Goodman's Sixth Amendment rights were violated because Goodman and his counsel didn't have a chance to rebut the results of the experiment.

Roy Black says to Colbath that the experiment "directly contradicted your jury instruction" not to do any outside research.

"This so called experiment went right to the heart of the case," he said.

2:02 -- Audio just turned on; Colbath just entered. Says first order of business will be to interview DeMartin. This is the bit that could get Goodman's conviction thrown out.

Milf Update said...

Well Rump, your readers may remember that its been about six months ever since I bumped into my client's mother in Vegas and spent the weekend with her. she is 50, almost twice my age and I was engaged at the time. Well, the engagement is over. Plus I was of counsel to a big law firm where my fiancee's dad is a partner. They tossed me out and took away about 140K of business that they threw my way. Plus three clients they have referred me filed bar complaints on trumped up BS at her dad's request- I'm pretty sure he wrote all three complaints.

So now I went from grossing about 500K a year with no expenses for rent or secretary to a virtual office and half of the gross.

Was it worth it? Not even close! The sex is mind blowing. Almost every day its something different and that says something as she is insatiable and morning and evening marathons are the norm, not to mention every now and then she drops in during the day to make sure I am behaving.

Every eye in room is on her when we go out, and I have picked up some business from Venezuela through her (remember she is an ex-miss Venezuela) and sweet revenge is on the horizon as one of my future father in laws biggest clients approached me about taking on their business- about 750K in billable hours for collations work for a small local bank. I can hire two associates and a secretary and secure a bricks and mortar office and still take 350K for myself for that account alone.

So my message to you guys is when you see a chance- take it!

Very Satisfied.

CAPTAIN said...

The Captain Reports:

Federal Inmate to be freed after 11 years? .....

Sorry DOM, although this is your territory, I thought it needed to be reported to our local readers: from The Pulp:

A federal inmate who has served 11 years on drug charges he says he didn't commit has convinced prosecutors to let him out of prison.

Elroy Phillips refused to accept his fate after being sentenced to 30 years on charges of selling drugs to an undercover cop. He conducted records searches, hired a private investigator, and dug up information on the dirty cop who testified against him. Last week, federal prosecutors were finally convinced to dismiss charges against him.

The final step is to get a federal judge to let him go free. U.S. District Court Judge Joan A. Lenard, who originally sentenced Phillips, must now decide whether to accept an agreement signed by prosecutors that would dismiss most of the charges against Phillips and allow him out of prison.

West Palm Beach police arrested Phillips in 2001 on charges that he sold drugs to an undercover cop. They claimed to have found drugs on him when he was arrested and then added gun charges for bullets they found in his West Palm Beach apartment.

At his trial in 2003, a cadre of witnesses who had been paid by the government or given reduced sentences testified that Phillips was the head of a drug ring. The most damning testimony came from then-West Palm Beach cop Michael Ghent, who claimed to have bought about an ounce of crack from Phillips.

The jury found Phillips innocent of most of the charges, but Lenard sentenced him to 30 years for convictions that would have earned him months in prison in state court. Phillips immediately began fighting the charges. He won a brief victory when an appeals court found that he had been sentenced wrongfully, but the second time, Lenard sentenced him to 24 years.

Convinced he could prove himself innocent, Phillips filed public records requests from prison. He discovered that Ghent wasn't working the night he supposedly bought drugs from Phillips and was actually in a college class across town. A private investigator Phillips hired, Ralph Marston, tracked down a confidential informant who was supposedly with Ghent the night of the drug sale; she said she had not been there that night.

Phillips also dug up documents on Ghent's own criminal case. Police charged Ghent with bribery and other crimes in 2007 after he shook down a massage parlor for tens of thousands of dollars. Court documents also accused Ghent of running his own drug ring while working as a cop. He entered a deal with prosecutors that allowed the charges to remain off his record in exchange for Ghent serving community service hours.

Read the rest here:

http://blogs.browardpalmbeach.
com/pulp/2012/05/judge_joan_a_lenard_elroy
_phillips.php#more

CAPTAIN said...
This comment has been removed by the author.
CAPTAIN said...

Sentencing:

3:18 -- Hutton Goodman, John Goodman's nephew, up next.

"The death of Scott Wilson has destroyed my uncle," Hutton Goodman said. "He was, is, and will continue to be a broken man."

Hutton said "He poses absolutely no threat to the community," and that a long sentence "seems like vengence not justice... My Uncle John could do so much good."

3:14 -- Greg Goodman, John Goodman's older brother, takes the podium. Says Goodman "has wanted to reach out from the Wilsons from day one."

3:10 -- Lily Wilson, Scott Wilson's mother, is holding back tears and just took the podium. She pointed out that Sunday is Mother's Day,

2:50 -- Moving on to sentencing. Allen Seamen, an uninvolved lawyer, said the Wilsons are "dear and treasured friends of mine" and he'll be speaking for them today.

CAPTAIN said...

3:30 -- Ellen Roberts makes final argument: "This wasn't an accident. He intended to drive. He intended to drink. He didn't intend to kill Scott Wilson," she said, but said that it doesn't matter. "Parents are not supposed to bury their kids... All he had to do was stay there, flag down a car."

3:28 -- GOODMAN TAKES THE PODIUM. Said he wanted to reach out from day one to the Wilsons to "cry with them," that he carries "Scott Patrick Wilson" with him every day.

"I don't know what else to say, I'm just really, really, my heart goes out to the family," he says, and sits down.

3:26 -- Abell says Goodman "shows great care and interest for how other people are doing" and that Goodman would continue to pay ex-employees until they could find another job.

"He would never leave a young man drowning in a ditch if he know he was there."

3:22 -- Betsy Abell testifying for Goodman. She's his sister. Says Goodman takes good care of their mother.

CAPTAIN said...

THE CAPTAIN REPORTS:

Roy Black streaming live on sentencing of John Goodman...

http://www.wptv.com/generic/news/news_livestream1/live-streaming-coverage

CAPTAIN said...

PSI Recommends 20 years. State asks for 20 years.

CAPTAIN said...

PSI states that retribution should be the driving force behind the sentence.

CAPTAIN said...

Sentencing Guidelines are 11.5 years. Black is asking the court to sentence him to the bottom of the guidelines. Say he could argue mitigating factors, but will not, and simply ask the court to hear those mitigating factors and then give him the 11.5 years

CAPTAIN said...

Goodman drove the settlement of the PI case and his BI policy paid out $40 million dollars.

Black points out two recent sentences the judge in this court handed out in DUI Manslaughter cases. Both defendants received Probation

Black points out three appellate cases stating that defendant cannot be penalized for exercising his right to trial. He further points out that there was no plea offer from the State

Black reads portions of several letters to point out good things in John Goodman's life.

Black asked court - what are the factors that cause court to sentence him to 8 1/2 years more than what the Florida Legislature says is the fair sentence (of 11 1/2 years).

Anonymous said...

11.5 years plus 46 million in blood money is still on the low side for the crime.

CAPTAIN said...

State admits in their PSI memo that defendant has no priors, that he is remorseful, that this is an isolated incident, that he had no intent to kill,

Black asks court, what is the basis to give him more than 11.5 under those circumstances and the ones pointed out by Black (in mitigation).

Black done. State responding briefly.

CAPTAIN said...

Judge has the microphone. he is ready to pass sentence.

AND ........

CAPTAIN said...

THE CAPTAIN REPORTS:

AND THE COURT SAYS he considers the following in determining a fair sentence:

Punishment of the behavior, to drive, to drink, a choice he made

Deterence, general deterance - people see this and say "wooo" I don't want to be punished like that. And, specific deterance - pointed out the person, the criminal, don;t do it again.

Rehabilitation, is a consideration, but not in this case.

Restitution, is a component, but it cannot be made in this case. The settlement is not Restitution.

Retribution, is a legitimate consideration, " a right society has to say, he got his" and feel good about it. I agree with Black that you don;t increase the sentence; it comes intrinsic within the sentence.

Judge did not consider:

Goodman's wealth. Can't fault him for that; it's inappropriate for me to bang him because of his success.

Exercising his right to go to trial. That would be a slippery slope. People should want to own up and say I'm sorry. But, the flip side is NOT punishing someone for not doing it. That would be inappropriate.

I am a firm believer in the jury system. I believe a completely guilty person should be able to force the State to prove their guilt. That is healthy for our society. No negative impact will be reflected in my sentence.

I did consider:

No prior record, defendant gave back to the community.

Level of intoxication. He was double the legal limit. This was not a close one; he was extremely intoxicated. I gave that a lot of weight.

His driving, his speed, running through the stop sign, recklessness of not thinking anyone less out there.

His conduct from the moment the crash happened. His conduct was to SAVE HIMSELF. To avoid criminal liability in this. He acted willfully and delibertaly when he left the scene. He could have gotten in the canal.

The defendant's age. Other cases Black pointed to - vs. Goodman's age. Teenagers get less sentence -their brain is not fully developed. Goodman knew right from wrong and make responsible decisions. I considered lack of youth.

Defendant's testimony. I believe it was complete sophistry. Did not put that much weight in the sentence. Jury rejected his story so do I.







Court sentences John Goodman to:

CAPTAIN said...

THE CAPTAIN REPORTS:

16 YEARS IS THE SENTENCE.

Cap Out ..

CAPTAIN said...

THE CAPTAIN REPORTS:

JOHN GOODMAN SENTENCED TO 16 YEARS FSP .....

Judge Colbath:

The exact sentence is 16 years Florida State Prison with four years Mandatory minimum. Credit for time served. License suspended.

CAP OUT ....

Anonymous said...

Why do people feel entitled to put limitations on what people can aspire to do and what they go for in life. You can make fun of Padilla all you want but let me ask you this question. Would you trust your love on to have to stand trial before his opponent?

Anonymous ASA said...

I just wanna say there is still room on the "Anti American Minority" bandwagon.

I started to look into his SAO investigation relative than realized no one cares who they are at the office.

If I could be serious for a moment, I want to know more about American Minority. Where do/did you go to undergrad? Law school? If you are a member of the bar what do you practice in? What are your thoughts about when the German's bombed Pearl Harbor? Do you agree with the Goodman sentence? Can I follow you on Twitter?

Anonymous said...

Go Blutarski !

Anonymous said...

It's time for somebody to put their foot down and that foot is me

Anonymous said...

Rumpole, turtles are reptiles, not amphibians.

Anonymous said...

I just learned something. I honestly thought turtles were amphibians.

CAPTAIN said...

W