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, June 13, 2012

NOT SO SOCIAL MEDIA

UPDATE: More Mr. Markus. John Pacenti's rant about the prosecutorial misconduct in USA v. Dr. Shaygan. Check it out here. 
The courthouse was all a-twitter about the tweeting of film maker nee juror Billy Corben, who found the courthouse food and wi-fi not up to Hollywood standards 
Note to BC: try the salmon carpaccio with the leek salad and Oregon Chardonnay which 
is served on Thursdays only. Until then....spare us your
 criticism. 
While not social-media savvy, Corben can pick his lawyer when he needs one, and he made the right call by hiring  everyone's favourite federal blogger. The rule to show cause was dismissed today. 
The Herald's coverage is here. 
Mr. Markus was so impressed with Judge Joe Fernandez that he was moved to ("tweet") say this:
"If we were allowed to friend judges on Facebook, Judge Fernandez would be the first one.”


Rumpole notes: we don't "friend" but we do Tweet. 



41 comments:

DS said...

Juror violates the Instructions and gets outside imput to help him make his decision and the defendant gets convicted by a juror violating the laws we have all agreed to live by. Seems like the Defendant gets screwed here ?

Lets let jurors go to the scene or google earth it or do research on the web at night to help them decide.

Screw the rules about all Ev has to be presented to the Jury w/ the Defendant present and confronted by counsel.

This should have been declared a mistrial ....

DS

Anonymous said...

Mistrial? There's no evidence that this misconduct affected the jury's decision in any way. Fernandez was right in denying that, but he should have held this guy in contempt. A public service announcement that the filmmaker could've created supportive of the jury system would've been appropriate because what he did was contemptible.

Anonymous said...

Pds just crying. How did those tweets affect verdict?

Anonymous said...

I don't understand the problem. Did he tweet anything at all about the trial, or was it just about the building, food, waiting, etc....? Seems like DS and the PDs are just trying to do what they can for their clients, but have no real issue and are wasting everyone's time...

Anonymous said...

Drake and Chris Brown in a bottle throwing fight over that ho' Rihanna?

Guys, grow up. A used 8 track tape has more play left in it than that skeeza.

Oh, DOM - congrats.

Scott Saul said...

A very chilling affect on the sanctity of the criminal justice system. I don't like it.

Anonymous said...

David Markus is a good lawyer and no disrespect to him, but his client is dead wrong on this one. The judge specifically said no tweeting, and he's tweeting from the jury box about the case. And what message does this send to the community who will be future jurors about how seriously to take the judges instructions about not discussing the case until its finished? I dunno though, this whole jury trial thing seems a little archaic, maybe we should just put everything up for a vote in one of those click-to-vote polls like Rumpole has on the blog. Read the comments in the Herald on any story about a criminal case, they always contain such measured and reasoned consideration of the issues.

Anonymous said...

but one does not follow the other DS. no one got screwed.

Anonymous said...

ds - when is the last decade in which you tried a case?

Anonymous said...

DS, It's just like you to comment without knowing all the facts while ignoring the law.

Anonymous said...

Who was the lawyer who got caught yesterday entering the justice building with a gun?

DS said...

Did the Conviction get set aside?
No info on that in article.

3:01

This decade, current Stats: 163 SWORN Felony Trial Juries + 6 DUIs + 1 Civil Jury Trial.

4:50

Tell me the Juror didnt violate the Judge's Instruction.
Was the Verdict allowed to still stand. Did our client still get Convicted, even though a Juror got input , secretly- in violation of direct Judicial instructions, from outsiders not in court- Telling the Juror to convict.?

How can we rely on his decision making when his "Fans" tell him to hang the guy?



Its alright to violate the rules as long as it does Not Help or hurts the the Defendant?

Which Law am I ignoring or dont know about.

Please enlighten me.



Those kinda things still piss be off and make me want to fight authority.

I am foolish: I expect , no demand that the State and the Cops and the Court all play fair and by the rules.



Que Custodiet ex rel Custodian ?

Isn't it 'Liberty's Last Champion'*

DS



*CopyRight/Trademark used without permission

Anonymous said...

. Judge said don't tweet or post about the case or your jury service. Although he commented related tO his e jury service he never sought input nor did he recieve input. His posts were innocuous attempt at humor.

Anonymous said...

I agree with 8:08. The verdict should have stood, he should have been held in contempt, and made to do a public service video. THAT WAS THE REAL SOLUTION.

And to all of you who said "PDs crying"...when's the last time, you Mr. Whining Private, tried a case?

So you bitch when it's a PD but not one of your own?? GROW UP. Sara Yousef did what any self respecting attorney would have done for her client, had they discovered it.

Anonymous said...

You folks are shockingly uninformed:

"In fact, Miami-Dade Circuit Judge Jose Fernandez called Corben 'a model juror, but for this.' Once Corben was sworn in on the jury, he continued to post, though he never wrote anything during the proceedings or deliberations. Nor did Corben send messages identifying Williams or details of the case."

http://www.miamiherald.com/2012/06/13/2847354/miami-filmakers-tweets-wont-result.html#storylink=cpy

Query said...

DS = douche snozzle?

Anonymous said...

SaRa YouSef! Hahhahahahhahahha!

hemocyl reviews said...

Lets let jurors go to the scene or google earth it or do research on the web at night to help them decide.

Anonymous said...

I disagree with DS on this one, but what an overreaction!

The personal attacks on this blog are out of control. Those of us who have litigated against DS can verify that he's an excellent and ethical lawyer, not to mention a helluva nice guy. He doesn't deserve this.

BTDT

Anonymous said...

Joe Fernandez wimped out on this one. He pandered to the media and Markus.

Anonymous said...

163 trials in less than two years 11, 12, seems like an awful lot. How the Heck do you prepare?

Anonymous said...

Agree with 8:08.

Fernandez wimped out on this one. But hey, if Fernandez doesnt care about his own admonition being openly broken, then why should I?

He should have "suggested" that perhaps Corben should use his filmmaking skils to produce a sixty second spot which could be played in the jury room to emphasize that jurors should actually listen to the judge's instructions about social media during jury service.

Anonymous said...

Did I read the same article?

“We’ll make sure you put the bad guy away!” is much different than his fans telling him to "hang the guy."

Plus, the jury wasn't sequestered. Do you think that jurors aren't out and about during trials and telling their friends about the food and movies etc at the courthouse?
I'm sure jurors' families and friends make comments like 'put the bad guy away' when they find out the juror is on a criminal case.

Anonymous said...

Let the jurors go to the scene. I sure as shit ain't going.

Let them google, and conduct drinking experiments in the jury room with cheap scotch.

I just don't care anymore. But I'm sick of hearing the comments On This blog about PDs not trying cases or privates not trying cases. Lawyers are just a bunch of squabbling children fighting over crayons.

Anonymous said...

Rump censors negative/semi-salacious posts about his man crush on DOM.

Will you post this?

"American Minority" said...

My motion got commended today by the Judge. I'm in Jovial spirits. Took my time drafted it with precision, meticulousness, precision and, perspicuity, but the ironic factor is that, the motion was opposed then adopted and the Judge commended it today in open court, and the former opposer took credit for the Judges Praise. Now I know how Pres. Obama feels about Willard's G.M. claim.Boy I tell you some people can be vacilantly unresolute. Notwithstanding, "All's Well That Ends Well."

Anonymous said...

Guilty.

Anonymous said...

And now a word from the Department of Redundancy Department...

If a little knowledge is a dangerous thing, then a momentary glance at a dictionary is downright scary for Am Min.

Is is really remarkable how someone can be so self agrandizing yet make himself look so dumb in the same instance.

Anonymous said...

Precision meticulousness and precision ! Wow that's careful drafting indeed, indeed!

Anonymous said...

AM - i saw your motion. it was horrid.

Anonymous said...

I found a video of American Minority.

http://www.youtube.com/watch?v=TexL-eyZHzo

Anonymous said...

11:22

Best laugh in a long time.

Unfortunately Am Min doesn't get the joke. He thinks that guy is a "Roads" scholar.

Anonymous said...

Am Min,

Why not send that motion to Rump, so he can post it, and we can all learn a thing or two?

Anonymous said...

How can a motion be adopted? The prosecutor can't or wont adopt a defense motion . Does am think it's a victory when co counsel adopts a motion? This am person can't be a lawyer he uses terms too loosely to really know what he is talking about

Anonymous said...

11:22 pm, I knew what your video was about before I watched it LOL

Anonymous said...

9:48

You must be new here. We have all known for some time Am Min is not a practicing attorney. We are just waiting for his lithium to kick in so he will remember that he isnt an attorney.

For now we all just humor him. We are afraid of a violent outburst of we don't.

Anonymous said...

12:43-- LMFAO.

Anonymous said...

Either I am not as well read as I thought or AM is making up words, and/or using them in new and innovative ways

Anonymous said...

Never let the definition of a word constrain your freedom to use it in any way you see fit.

That type of repression is how whitey keeps minorities down.

"American Minority" said...

Just getting back to the blog,as I have been busy all weekend, but I see here are the typical dismissive responses, but you can ask the Judge who commended my the motion. Need I say any more? You all are just an interesting group of human beings. And the I will address the reason why I use the pseudonym A.M.,in response to the the opinion that someone, genuinely posted on Saturday's post, regarding why I chose to use the name and what it is meant to exemplify.

"American Minority" said...

There are always going to be adversarial reply to my comments I see, so be it. For all of you so called council who the comment seem to slip the grips of your paradigm. I happen to be helping someone out who is more experienced as me, but not as diligent, and after ridiculing my efforts the Judge commended the very work I contributed. It's simple I can see why you all plea cases out you are lazy in diligence, reading, and lack perspicuity.
~AM~