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

Tuesday, June 05, 2012

PROTEST TOO MUCH

BREAKING: NOT GUILTY!!!! CONGRATS TO BILL MATTHEWMAN AND AL MILIAN. 
Of course ace reporter David Ovalle was on top of the verdict. His report is here. 


The United States Center For Disease Control has seen fit to issue this official statement:
“CDC does not know of a virus or condition that would reanimate the dead (or one that would present zombie-like symptoms),” agency spokesman David Daigle told The Huffington Post.
Lets take a quick look at some other governmental denials:
The 37th President of the United States, Richard M. Nixon: "I am not a crook."
The 42nd President of the United States, William J. Clinton: "I did not have sexual relations with that woman."
The 43rd President of the United States, George W. Bush: "Iraq has weapons of mass destruction." (Technically not a denial, but a trillion dollar whopper of a lie.) 
"There was no conspiracy to kill the president." The Warren Commission. 
Elvis Presley is dead.


We will be selling official Anti-Zombie kits through the Blog's partnership with Zombiezom dot com shortly. 


JUDICIAL CANDIDATES FORUM
Speaking of Zombies, don't forget the Judicial Candidates Forum Wednesday night MDCC Wolfson Campus:
Miami Dade Judicial Candidates Forum 2012







DECISION TIME
If all goes as planned, by the time you read this, the jury will be out in the Kaufman-Aventura-was she murdered or did she pass out? jury trial. Stay tuned.  
UPDATE:Captan reports jury went out at 9:55 am.
Super reporter David Ovalle reported here that the deceased's mother (who testified for the defense) got into it with the prosecutor, in front of the jury, during rebuttal argument. Rumpole practice tip: try not to pick a fight with your victim's next of kin in front of the jury. 


A PORSCHE AND A PLEA:
Don't miss DOM's coverage of two hucksters who ripped a client for over a quarter million dollars of cash, cars, jewelry and a condo for a plea and then didn't even bother to help the client on the Rule 35 (or 5K.1) sentence reduction. Shocking.


Please stay in touch with the FACDL leadership and write your own letter to Judge Brown explaining why you will not participate in the Limited Registry. By refusing to lower our standards and compromise our clients, we can defeat this law. 


See You In Court. 



Read more here: http://www.miamiherald.com/2012/06/04/2832770/fear-anxiety-drive-zombie-craze.html#storylink=cpy

49 comments:

Anonymous said...

CDC is a cover up. The EVIDENCE is clear, we are in the beginnings of the Zombie Apocalypse.

Fake Alschuler said...

Amen Brother!

Fake Ted Mastos said...

Gee wiz (chomp) judge , a zombie attack is more (smack chomp) tthan good cause for a state charged (chomp) continuance.

Fake Ted Mastos said...

Gee wiz (chomp) judge , a zombie attack is more (smack chomp) tthan good cause for a state charged (chomp) continuance.

Anonymous said...

Proof of Zombies? Peter Adrien lives!!! Ayeeeeeeeeeeeee!

Anonymous said...

I'm going straight to the top with this one.

It is unbearably hot in REG for the past 3 weeks.

ABP is like one of those yoga studios at 109 degrees. I know that there have been movements in the past to go to summer casual, but this is too much even for casual. For gods sakes I have sweaty briefs.

Please Rump, call your friends, let someone with some pull know we are dying here.

I'm siting in ball soup.

"American Minority" said...

Question for some of the "veteran Trial Council". In the Kaufman trial, Mr.Matthewman requested to the Judge, that the summation minutes be divided amongst he and Mr.Millian. That request was denied,and the Judge stated "she doesn't know of any Judicial authority that would allow that", then during the states' summation and rebuttal, Mr.Mansfield and Mr. Baldwin divided the time. Someone mind explaining this?

CAPTAIN said...

The Captain Reports:

Jury in Kaufman went out at 9:55 am.

Don't sign the Limited Registry wheel. Stand strong. And for those attorneys who do sign the Limited Registry FACDL should post their names for all to see.

Captain Out .....

mikal said...

Captain, I agree with most of your postings but in this case, you are dead wrong. Who are you and the FACDL to "out" someone because they do something that you don't agree with? Who made you the final arbiter of what is correct?

And Captain, if you "out" those poor schmucks who happen to disagree with you and the names become public, will you then continue to hide behind your super hero like screen name, or will you then step out from behind the curtain and show your true identity?

The trialmaster said...

Mathewman never should have asked. just do it,refusal to permit it would be reversal error. the defense can split uo their time as they see fit.Its done all the time in civil, one atty argues liability and the other damages. No cases say you cannot do it.But, you have a judge who never practiced criminal law or tried cases. this is a lovk NOT GULITY. The mother of the deceased won the case for the defense. This poor rascal never should have been indicted.

SAO/ZOMBIE REPORTER said...

Rump- I can secretly report to you that the Dade SAO takes the Zombie threat seriously, especially in an election year. KFR has tasked Chet Zerlin and Howard Rosen to create a zombie task force. "This community and this office has ZERO tolerance for Zombies" read a press release from the embattled State Attorney. "We are asking the Florida Legislature to meet in emergency Zombie session and pass a series of minimum mandatory sentences as we do not trust the judiciary to meet out the type of serious punishment that experience has shown Zombies require."

ASA Howard Rosen brings a wealth of Zombie prosecution experience to the new task force, as he was lead prosecutor in the groundbreaking case of State v. Night of the Living Dead.

More on this later.

QB HOTTIE WIFE said...

New Dolphins QB Tannehill's wife is a hottie/MILF.

I wouldn't mind second and two with her.

Rumpole said...

MIKAL- I have conflicting thoughts on this. I view the limited registry as a dangerous threat for reasons I have written. But others may disagree. And it is the law. "OUTING" is a very serious term and places us on a slippery slope. In the FACDL listserv many attorneys have called for "outing" and then ostracizing attorneys who sign up for it. This contretemps reminds of of the HUAAC Hollywood witch hunts of the 1950's where writers who had communist sympathies were outed and then blacklisted by others who "named names."

We need to proceed very slowly on this in my opinion. I am guessing I will be asked to publish the names of attorneys who sign up for the limited registry and I am not sure yet what I will do. Reputations are at stake and while I am against any attorney signing up, I am cautious about using the blog to abuse them.

mikal said...

Rumpole,

Thanks much for the reply. One thought is that if you publish the names of those who sign the registry, you should then publish the names of those who called for the names to be published. You certainly don't have to publish the names on this blog; let one of the other attorneys start his or her own website blog and post the names of those who sign the registry.

My feeling is that the attorneys who are clamoring for those who sign the registry to be "outed" will not want their names known on this or any other blog. Certainly The Captain won't agree to have his name made public.

The registry might be a dangerous thing but can the criminal defense bar really afford to be that petty so as to ostracize and possibly cripple the careers of other attorneys? People won't easily forget a slight like this, and one of the "do-gooders" might find him or herself needing a favor from someone they wanted "outed."

I have no dog in this fight other than to say to be very very careful.

DS said...

How can you OUT someone who is on a Public Court List. The List is in the Sunshine so no one is outed, it aint a hidden secret who puts there name in for the set SAPD/PCAC fee schedule.
DS

Rumpole said...

You're right DS, technically I am not outing anyone. I would however, be using the blog to cast negative publicity on someone, which is something that- I hope I have conveyed- I am very loathe to do (the Broward judiciary and Mike Satz notwithstanding.)

EYE ON WISCONSIN said...

I'm calling the Shumie on Governor Walker in Wisconsin. The super large turnout today works against him and in true tradition of Shumie Time he gets sent home early from work.

Anonymous said...

My prediction is all this hoopla over court appointed fees will come to nothing.

Attorneys are notorious for stabbing one another in the back, and it will happen here. Some attorney who does not have a fancy office address will come along and sweep up a whole bunch of those cases. He will be able to supplement his income nicely with them, and only end up taking a small fraction to trial.

This is not the AMA, where doctors protect one another. These are lawyers, who no one can stand to be around in the first place, so they lose nothing by being the guy who takes the cases.

Anonymous said...

Trialmaster - hey moron they did not indite Kaufman. Both sides stipulated to 12.

Jury seemed displeased with her outburst. All state did was say why her testimony was to be discredited - any good attorney should comment on all witnesses. It may be a NG, but it showed how out of control the family is.

"American Minority" said...

Thanks Trial master, is there any rule or case law on that particular situation? A criminal division judge, who never practiced criminal law, are you serious??? That is absurd, I'm going to research that.

Rump, how about you post a link to the registry list, or information on where to find it, then the liability of the blog for their exposure, is off your hands. Just a thought...

Anonymous said...

The list will be Public Record. You're not 'outing' anyone.

My guess is the list might even be on-line.
If you feel bad about listing the names, provide a link, whenever it's up.

Rumpole said...

At 2:35 pm jury has been out 4 hours 40 minutes. Remember - defense requested and received a 12 person jury.

Anonymous said...

Bronwyn Miller definately practiced criminal law--she was an Assistant State Attorney, and I remember having several cases with her. She also tried a lot of cases and ended up as a homicide prosecutor before she became a judge. She is a very smart and accomplished woman, and, even though I haven't seen any of the Kaufman trial, I am sure that she is doing a great job. The trialmaster has been spending too much time at federal court and shouldn't even be offering opinions on things that he clearly has no knowledge about.

Anonymous said...

Wasn't Judge Miller an ASA for like 10 years? What moron says she has no experience in criminal law?

Anonymous said...

Trialmoron @ 11:25:00 A.M. "You have a judge who never practiced criminal law or tried cases." I guess you don't know Judge Bronwyn Miller!

Anonymous said...

Trialmaster:

Judge Miller certainly practiced criminal law and tried cases. She progressed swiftly up the State Attorney ranks.

CAPTAIN said...

THE CAPTAIN REPORTS:

1. Judge Browyn Miller was an ASA in Miami Dade for eight years beofre moving to the County Court bench in 2005. She spent five years in County Court before becoming a Circuit Court Judge. She has vast trial experience in the criminal arena.

In my opinion, she was wrong to deny the request by Matthewman. I do not know how much of the trial Milian played a part in, and whether he is even an attorney of record, but if he is, then he should have been permitted to close along with Bill.

2. The list of Wheel attorneys is a public registry and anyone has the ability to view the list under our Chapter 119 via a Public Records Request.

Mikal, I do see your point and may have been using strong words when I said that their names should be posted for all to see. While I may not do the posting, their names will undoubtedly be available to the general public and likely be circulated through some medium at some point.

There are several more consturctive ways of getting rid of this new law. FACDL is examining all of their options and apparently they will be filing some type of formal onjection to the new Administrative Order whenever Judge Brown issues it. There are other court battles that lie ahead challenging the consitutionality of the new law.

Unfortunately, I agree with 1:41 PM. We are not the AMA. It would be nice if everyone in the criminal defense bar stood strong and realized that, by doing so, we would be helping our clients, as well as ourselves. But we are lawyers, and too many times, do not think about the bigger picture.

Time will tell.

Cap Out .....

CAPTAIN said...

BREAKING NEWS .....

CHRIS BOSH MASSEUSE DEAD ....(ht Miami Herald)

Here is my question - who get a massage that lasts more than four hours ?????

Miami Heat player Chris Bosh’s masseuse died Monday after she arrived at Bosh’s Miami Beach home and collapsed.

According to a Miami Beach police report, the unidentified woman arrived at the Heat player’s North Bay Road home at 10:24 a.m. Monday for a massage session. She looked “well and in good spirits,” but she suddenly passed out around 2:28 p.m.

She was taken to Mount Sinai Medical Center in Miami Beach, where she died around 11:45 p.m.

Cap Out ....

"American Minority" said...

Trial master I know you are very knowledgeable,but one word,"oops":

Miller began her legal career in 1997 as an assistant state attorney in the Miami State Attorney's Office. In 2005, she became a judge on the Miami-Dade County Court. Miller served in this capacity until her appointment to the 11th Circuit Court in 2010.

One should set aside a little time for research, before they make such a strong accusation. That is the reason Mr. Kaufman is going home. I'm not convinced it was a murder and the SA, could have done so much more to actually come to solid foundation, at least. The APD & ME flubbed the entire case, it shouldn't have went.

1 for 2 isn't bad, at least we all agree the ruling on the summation should have allowed for the defenses' closing to be equally divided, especially given the fact there is no defense rebuttal allowed. In my opinion, although I know some of my fellow readers, standing is that I am not yet, or ever should be entitled to one is, of the old adage, that a $50 black robe does not hide one's personal experience or reservations.

"American Minority" said...

Oh boy, I hope the MBPD does a thorough investigation and no one rushes to judgement. God help the ME's office if it has to get technically, scientific. What ever happened to objective, forensic, and pathological science?

DS said...

Lisabeth Boots & I tried a Sex Bat case against Bronwyn Miller & Tammy Forrest a decade ago in Dresnick, while she was an ASA.

Guilty but reversed on Appeal, on an obscure issue.

Also, Dealt w/ her as a division attorney, APD vs APD. She was Tough, Persuasive & could Argue the law.

But, I beleive, She also thinks naturally like the State .

DS

CAPTAIN said...

Thank you AM for the information on Judge Miller.

Did you happen to read my post on Judge Miller posted at 4:19 PM

Cap Out ...

CAPTAIN said...

THE CAPTAIN REPORTS:

BREAKING NEWS .....

ADAM KAUFMAN NOT GUILTY

Cap Out ....

Barrister of Ballentrae said...

Great Lawyering By Bill Mathewmann and Al Milian.

Congrats on the NOT GUILTY in State vs Kaufman

The Barrister

CAPTAIN said...

THE CAPTAIN REPORTS:

KAUFMAN FOUND NOT GUILTY

The 12 member jury in Judge Miller's courtroom deliberated for more than eight hours today before finding Adam Kaufman Not Guilty of murder charges that alleged that he killed his wife.

For the Defense:
William Matthewman & Al Milian

Captain Out ....

"American Minority" said...

Capt. Yes I did, I just had to confirm. Like wise Capt., stay ahead of the competition. AM Out...

"American Minority" said...

Job Well done by Mr. Matthewman & Mr. Al Milllian, they worked very hard for their client, and the jurors did a commendable job of weighing the evidence carefully. Tip of the Hat...

Anonymous said...

1) not a great job of lawyering it was a bullshit case that should have been joa'd. A good job of lawyering would have resulted in a nolle pros.2) Kaufman has an alibi for the death of Bosch's masseuse .

Anonymous said...

this is a great verdict for justice

shame on these prosecutors for trying to win a conviction by distortion and innuendo.

and god bless the decedent's mother for calling out a cheap prosecutor taking a cheap shot during a cheap rebuttal close..

Tom Thumbl oves catalano said...

catalano loses again. what a joke that guy is. a total joke. and he just screwed up his pal's judicial campaign.

stick to tickets in county court, michael

Anonymous said...

6:52

You don't know shit.

I'd ask you if you knew how difficult it was to successfully cross-examine an expert witness, but you don't know what that's like. You're probably a shitty lawyer who barely makes $60 a year on bondsman referrals and traffic tickets.

A bad lawyer could have easily lost this case. Discrediting an expert witness takes years of experience and hours upon hours of dilligent preparation. You have to make yourself more knowledgable in a short period of time than somebody who has dedicated their life to their discipline. It requires you to learn and master a whole other field.

Dr. Bruce Hyma is an expert in pathology no matter what you say. His opinion may have been flawed in this case, but he is educated and knowledgable in his field. Matthewman and Milian did their homework and came into court prepared, making Hyma and his team look like fools. That's not luck or a bad case being filed. That's trial work. That's skill.

Most of our clients are guilty. And lots of them get off. This was not a case of guilty or not guilty. This was an innocent man on trial for his life. The stakes do not get any hire. A case like this requires the best legal talent. And I believe that Kaufman had that.

So 6:52, go back to your bondsman referrals and $300 misdemeanors. You are entitled to think that this was an easy case that required no good lawyering. You can think that because your career will never put you in a position to handle a case like Adam Kaufman's.

Anonymous said...

These jurors are typical dade jurors. No shocker here. Dade county is the best place to commit crimes. This is a county that vilifies prosecutors and admire the likes of a reprimanded and embarrassing Al Milland. Matthewman's performance was abysmal for him becoming a magistrate. The truth is this county is broken and it's residents are skeptical of everything.

Anonymous said...

@ 6:52

You really are clueless as to the facts of this case. How did she get those neck injuries? The jury believed the magazine rack did it, this is not smart lawyering this is dumb jurors. Plain and simple. Matthewman is professional. All Millan does is bully people. I am surprised the judge did not hold him in contempt, he made her look like a fool.

Anonymous said...

DS at 6:09,
Closing the courtroom while the victim testifies is not an "obscure issue." The right to public trial is provided by both the state and federal constitutions. The reversal was a nice piece of appellate work by then-APD Lisa Walsh!

DS said...

11am
I did not say UnImportant but obscure.

Anonymous said...

@7:13 - That prosecutor is a straight shooter and one of the most well-respected attorneys in REG. Cheap shot!?? Ummm last time I checked, an attorney would be incompetent to not point out a motivation for a witness to fabricate his/her testimony and/or discredit his/her testimony...come on.

Anonymous said...

Oh boy. The Monday morning quarterbacks are really coming out of the woodwork.

Anonymous said...

Two defense attorneys just saved the life of an individual who the state was prosecuting, attempting to incarcerate him for the rest of his days.

Now, all the lawyers (and non-lawyers) come out of the woodwork to question how they do it, and try to minimize their efforts. The lead attorney picked the wrong second chair, second chair should not have spoken to attorney in the gallery, the PD could have won."

These lawyers prevailed in a case that not everyone would have won. And for the record, the PDs that were mentioned in an earlier comment is a damn fine bunch of lawyers.

This type of behavior is exactly what I was talking about when I said the Florida Bar is no AMA. Lawyers continually backstab one another, bad mouth one another and generally make this a miserable vocation to have selected.

This is how I know someone will come along and take all those court appointed cases, the hell with everyone else, and he or she will make a nice living from it.

In fact, if three or four of the PDs named were to form a private firm, they could contract with the court and take every court appointed case, work half as much and do quite well.

Barrister of Ballentrae said...

534

Exactly on all points.

Esspecially on A small firm of EX- PDs could contract to handle ALL the 2nd & 3rd Degrees and maybe make more money than their salary and benifitss