Friday, July 20, 2012

ANOTHER SHOE

"Downtown boys they talk so pretty, 
It's so hard to be a saint in the city."
Bruce Springsteen, It's Hard to be a Saint in the City. 


When scandals like this happen there is always a natural inclination to believe that there is more to come.  Some sources tell us that there are more bailiffs involved and other sources tell us absolutely not. There really is no way to tell. But know this: this was not the only improper/illegal referral of cases occurring in the REGJB. Not even close. 
What do you think? Was this the only bailiff doing this? 


NEW ID INSTRUCTIONS IN NEW JERSEY
New Jersey has become one of the first states to recognize the problems inherent with eye witness identification.  A judge now must tell jurors before deliberations begin that "for example, stress levels, distance or poor lighting can undercut an eyewitness’s ability to make an accurate identification. Factors like the time that has elapsed between the commission of a crime and a witness’s identification of a suspect or the behavior of a police officer during a lineup can also influence a witness"  the new instructions warn.
And in cases involving cross-racial identifications, judges now instruct jurors that “research has shown that people may have greater difficulty in accurately identifying members of a different race. You should consider whether the fact that the witness and the defendant are not of the same race may have influenced the accuracy of the witness’s identification... Human memory is not foolproof. Research has revealed that human memory is not like a video recording that a witness need only replay to remember what happened. Memory is far more complex.”
A good start.  Thanks to David S Markus (not DOM) here is the complete instruction:
New NJ Instruction On eyewitness identification
A Sharp Edge: Interesting case going on in Broward. Read the following document to get the details. Basically the Broward cops use a CI to infiltrate a 12 step program and take down someone who is relapsing by getting them to traffic in drugs. Sad and shocking. 
Very Version Final Final Final Sharp-5xxxx-2

There is something unsettling about the bailiff scandal. It's hard to put our finger on it. Something about the client being called by the bailiff for money and more money and then a gift. Something about the lawyer letting the bailiff run the client in terms of quoting and collecting the fee. It just makes all of us look bad. We're not calling for anyone to be disbarred or for the bailiff to go to prison. We're just saying the whole episode is unseemly and it reflects badly on our profession and it cheapens what we do. In the end, that's what the punishment in this case (if there is any) needs to reflect. The effect on our profession, our courts, our reputation. 


The more we think about this mess, the worse we feel. 


But a nice summer weekend is coming up. Get outside and enjoy it.



50 comments:

Anonymous said...

Ok let me say this. Every major civil lawyer in miami has at one time in their careers, hold your nose Rumpole, paid a runner to bring a case. Nurses are the best but police, EMT'sn funeral directors and on and on. They all get paid.should all those lawyers be punished? Maybe but they ALL HAVE DONE IT. Criminal lawyers are held to a much higher standard. People make there own choices on who they want to hire and if they are dumb enought to let a shitbag bail bondsman select their atty- so be it. The baliff issue, frankly, is much worse as she could influence the judge in a subtle way.

Anonymous said...

Broward is sick.

DS said...

By the way

The Quack /Smells like a Duck comment refers to the Bailiff and HER apparently illegal, videoed, referral service as an County employee using her position for her own gain. She was in uniform and may have been on county time. As a Court Employee, a JUDGE's Bailiff, her actions are improper if not illegal. Certainly they violate the Rules for Judges and their staff.

I dont know anything about John nor Helen's legal practice. I make No comments about them nor their work.

But it looks and quacks like a Duck that 'Olga' was getting alot of the up front money paid directly to 'Olga' from the potential client. That Smells like a Duck, especially since on video.

I feel sorry for Judge Diaz who could take a hit because his Bailiff is possibly dirty

DS said...

Read the full Story in the Herald

FBI: Miami police sergeant planted, stole drugs and money, lied about it

Suspended Sgt. Raul Iglesias is accused of planting and stealing drugs, and violating suspects’ civil rights.

By DAVID OVALLE
dovalle@MiamiHerald.com

Federal authorities on Thursday indicted a Miami police sergeant on charges alleging that he planted cocaine on a suspect, stole drugs and money from dealers, and lied to federal investigators.

Raul Iglesias is expected to surrender and appear before a federal judge on Friday.

Iglesias, 40, was indicted on nine counts that include violating suspects’ civil rights, conspiracy to possess cocaine with intent to distribute, obstruction of justice and making false statements, according to a press release from the U.S. attorney’s office in Miami.

Read more here: http://www.miamiherald.com/2012/07/19/2902720/fbi-indicts-miami-police-sergeant.html#storylink=cpy

Anonymous said...

1:00 A.M. I do not beleive that your comment about civil lawyers and runners is correct. But, even if it were, having someone in a uniform in a court refer business is even slimier.

Anonymous said...

One of the bit players in all this has a strange fixation with Soupy Sales. Now I was in to the Soupala back in the day, but now it's down right weird.

Anonymous said...

I most definitely do not believe that Olga is the only one. Not by far. As a matter of fact I know that there are several who actually do it.

Anonymous said...

Everybody do the mouse!

Anonymous said...

What about Abe Bailey - the ol' gunner- for Judge?

Anonymous said...

With all due respect to Mr. Bailey, who would be a fine judge, he is not the gunner. The old big raw swede, Charlie Olaf Gunderson was the ol' gunner- trying and winning 18 cases in 16 weeks back in the early 70's, a record that still stands, and probably always will.

The ol'gunner left to manage his family oil business in the Dakotas and made a ton of money, married a playboy playmate, and has a mansion in Minnesota, a beach house in Big Sur, and a small estate in France.
We spoke last year and he had turned the business over to his two daughters and then got back into it when it turned out the family had several hundred thousand acres of land that was being leased for fracking, generating monthly income so large he doesn't know what to do with it all.
The ol'gunner lived a charmed life, that's for sure.

Anonymous said...

305
you are naive.

Anonymous said...

To simply blame a lone balif for everything is convenient. Let's not overlook the fact that she is at the family courthouse allegedly taking money from criminal defendants who go to court at another building. Cops not showing up could be coincidence knowing Miami, but there are too many coincidences involved in this. This whole thing stinks for honest attorneys and J. Diaz especially.

Anonymous said...

You think a bailiff shilling for an attorney is worse than a nurse??

The nurse has direct control over the well being of the patient/client. She has incentive to make the injuries worse, and falsify medical records.

The bailiff at best tells people to turn off their cell phones.

If you think that bailiff had any sway over Judge Diaz, then you never met him.

Anonymous said...

Not sure where the Abe Bailey for Judge comment came
from but just wanted to add he is one of the most respectful, fair, honest, smart, funny, and genuine people in the entire courthouse. I'll support him for anything

Anonymous said...

Court employees simply are not allowed to dobthis kind of work even if it is honest work.

DS said...

Just because someone doesn't love you the way you want them to, doesn't mean they don't love you with all they have. Ralph and Edna were both patients in a mental hospital. One day while they were walking past the hospital
swimming pool, Ralph suddenly jumped into the deep end.

He sank to the bottom of the pool and stayed there.

Edna promptly jumped in to save him. She swam to the bottom and pulled him out. When the Head Nurse Director became aware of Edna's heroic act she immediately ordered her to be discharged from the hospital, as she now considered her to be mentally stable.

When the Head Nurse went to tell Edna the news she said, 'Edna, I have good news and bad news. The good news is you're being discharged, since you were able to rationally respond to a crisis by jumping in and saving the life of the person you love.... I have concluded that your act displays sound mindedness.

The bad news is, Ralph hung himself in the bathroom with his bathrobe belt right after you saved him. I am so sorry, but he's dead.'

Edna replied, 'He didn't hang himself, I put him there to dry..
How soon can I go home?'

Happy Mental Health Day!


You can do your bit by remembering to send an email to an unstable friend...

I done my part.

Anonymous said...

The bailiff case is Just another example of how every single thing in Miami is as "crooked as a barrel of snakes". bondsman, lawyers, mortgage brokers, nurses, doctors, cops, the governor etc.

Anonymous said...

To 10 am, the fact that everyone has done it does not make any less unethical and contrary to the Bar rules.

I'll try that next time I have a Coke possession case, "But Judge everyone in Miami has done a line at one point in their lives, why cocaine built this town!"

Anonymous said...

Here's a much better joke by Richie Baron: Stutters Convention

Anonymous said...

Who's the best original iron chef? Always been partial to Chen Kenichi.

Anonymous said...

I'd go with Sakai Jason grey

Anonymous said...

Very nice douche bag! World Mental Health Day is on October 10. As someone who has both attempted suicide and been hospitalized for mental illness, I do not appreciate your attempt at humor.

Rumpole said...

Sort of poor taste. I agree.

Anonymous said...

DS,

Screw them, I thought it was funny.

Amazing how everyone here has so much to say, until the joke is on them.

Eye On Fake Kenny W said...

Fake Kenny W a guest on Iron Chef America during the infamous Meyer Lemon battle when Iron Chef Cat Cora got into a bit of a kerfuffle with her sous chef Ed Cotton and the camera caught her hurling a lemon at him which hit him in the head. Some of the dishes were lemon infused artichoke custard; braised leeks with lemon honey butter; lemon garlic crusted king crab legs; lemon blueberry custard; lemon seared abalone, and lemon/lime snapper ceviche.

Its a famous episode that has never been aired on re-runs because of the dust-up. Copies on e-bay go for as much as $100.00.

Golf Guy said...

Don't you just want Grant Snedecker to win the British Open? It's so much fun to say "Snedecker". Try it. Then for the next few months we can say "Snedecker's third on the 6th was just a beauty" or "Snedecker shoed real guts by not laying up on the 17th but going for the green."

Scratch golfer said...

This is not the British Open we are watching. If the players are wearing short sleeve shirts instead of sweaters, if they have one dry glove on their hand instead of two wet gloves, if they have not put on and taken off their rain gear at least a dozen times during the round, and if the wind is not at least a three club difference, then it is not the Open Championship.

This is Biltmore on a lazy Sunday morning.

Tea time said...

Rumpole ole chap it's four o'clock tea time. The Englishman that you are, please give us your recommendations for the best tea.

Anonymous said...

S-neh-deh-ckah.

Rumpole said...

There's nothing like a cup'a good bracing english breakfast tea. Interestingly, when offered the choice, I enjoy tea the Russian way- in a glass with a spoon. I get my own teas loose, usually from a local organic farmer's market, and brew it by pouring hot water over it through a ceramic filter. I also uses local organic honey. Lately, the farmer markets have had some wonderful peppermint and spearmint teas, which I find bracing in the morning, and which are very good to sooth an acid stomach, which I sometimes suffer from.

Golf Guy said...

Don't look now but here comes the BIG EASY. Ernie Els has birdied the 18th, while Scott knocked his tee shot into some deep rough. Els, a Bobby Reiff look alike, finally made a 10 foot putt when he needed it.

Tiger self destructed and here's why: his plan to play long irons off the tee was a sound one. But it was his short iron game- his second and third shots- that deserted him this week, and so when on the green, he was always 25-30 yards away for his birdie.

As I write this, Scott just pitched out of the rough on the 17th and is a long par putt away from staying in the lead. If he two putts, we have a tie. GO bifg Easy.

Anonymous said...

If DS wants to make a joke, he can make a joke. But making a joke in the name of mental health day, which is a real thing that effects a lot of people is tasteless and shows what a jackhole he really is.

DS said...

Rump
Try Twinings Prince of Wales, a nice black tea.

To those offended by my last post , I apologize. I am hurt by your comments and must go take a Paxil to deal w the stress.

Anonymous said...

What's up with all the British folks and talk on this thread?

Anonymous said...

If you're going to make fun of Snedecker's name, you should at least know his first name.

Hmmm ... Are you a fool or just a jerk?

Golf Guy said...

Ernie Els is THE MAN! His putt on 18 will seal his legacy as a clutch golfer. Not a great putter for the last several years, he knew if he made it he would put the pressure on. And he nailed that 10-12 footer solidly.

DS said...

If we dont laugh at the crazyness of life we will go crazy.

Since It IS NOT World Mental Health Day ( I didnt know there was one) take it for the joke, it was.
Sometimes a Joke is only a Joke.

I have seen and advocated for many many mentally ill people. I am sensitive to there situation.

But good taste and political correctness will kill all humor .
I will not be ruled by such .

Again if you are offended I apoligize.
If you want to knock or bash me get in line, behind my wife, LOL.

DS

Anonymous said...

Another choking collapse for the baby prima donna Tiger Woods. Too bad the rest of the world doesn't turn their back and hold their collective breath while the sensitive superstar swings his precious golf club.

He stinks.

Fifty Shades of Shumie said...

There's dozens of different ways to avoid work: Fifty Shades of Shumie.

Anonymous said...

Rumpole: something tells me you're just a kid from the south side of Philly, wrong side of the tracks, always left out by society, always trying to prove yourself, and then you come to Miami, late 70's early 80's and make it big. And now you're just enjoying yourself, but you miss your scrapple in the morning, don't
ya rump?

Anonymous said...

D(ick) S(not) is a totally insensitive asshole. His "joke" is especially insensitive in light of the recent tragedy in Aurora who likely has serious mental health issues.

Anonymous said...

Why do you keep quoting Springsteen at incorrect opportunities?

Anonymous said...

Tiger needs to gi back to whoring around, then his game will return

DS said...

The Joke is in the last 2 lines

"You can do your bit by remembering to send an email to an unstable friend...

I done my part."

I sent it to Ya'All

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

I dont want to belittle the Colorado Tragedy

But in So.FLA have lost as many through gun violence in the last 2 weeks, 2 killed just last night in Opa Locka

Rumpole said...

7:22- the Springsteen quote was for the bailiff/atty scandal and was posted before the tragedy in Colorado.

Anonymous said...

I know when it was posted. I just fail to see how the lyrics in the song in any way apply to the bailiff?

I guess you could say that the bailiff was trying to do right, but temptation was too much for her. But I just don't know enough about her to say that. Maybe you know her personally and have information I don't.

Anonymous said...

2 is a slow night in opalocka

DS said...

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