Monday, July 16, 2012


A juror serves on a high profile case and in the jury room votes for acquittal.  The jury divides along racial lines and eventually returns a verdict on a lesser offense. The juror, upset at the result, calls the Judge to let him know what occurred.

What does Judge Michael Robinson of Broward do?

A) Disclose the juror's allegations to both parties and hold a hearing?
B) Speak to the juror to find out exactly what occurred?
C)  Have a staff member call the juror back and strongly instruct the juror to not speak to anyone and order the juror to meet with the judge alone at 8:30?

If you said C, then you remembered we're dealing with a Broweird judge here.
The JAA Blog has all the details here. 
The Juror's affidavit is here (the juror ignored the judge's "request" and obtained counsel.)
Affidavit Bent

Can someone explain to us what it is with Broward? 
Is it the water? What causes people up there to behave this way? 

The Herald endorses Kathy Fernandez-Rundle here. 
After 19 years in the job the Herald says she has earned another term. The State Attorney has consistently held a 55-45% lead in our unscientific and informal poll. 


First? said...

It's probably not the water in Broweird. They have Miami envy, and it wracks their brain and causes them to sit and stew and it warps their view of reality and it causes them to be weird. Almost pre-zombie like. You know when the Zombie epidemic breaks out Broward will be the first to completely go down and zombie out.

Anonymous said...

I am siding with the Miami Herald on this one. I am all for fresh faces in office and do not believe anyone is entitled to hold the office for term after term but I just cannot get beyond the puke factor of the "four columns" holding up the house of Rod Vereen:

1) Joe Carollo (really ? Joe Carollo ???--why would anyone want that crazy Miami dinosaur on their side-- one of the most negative and destructive forces in the City's history).
2) John Rivera--mob boss of the PBA--((need anything more be said- Al Milian in the wings waiting to take over) ?
3) Michelle $pence Jones--just got a $50 million dollar bond deal for Overtown = a new ATM for her and her bunch and
4) David Rivera-- worst of the worst and gets votes by pastelitos and anti-Cuba bills in the house-- Why did Rod have to have these 4 people running his show ? What does it say about him ? Very disappointing

Anonymous said...

On an ongoing issue:

What requirements are there on ASAs to complete any CLEs on ethical prosecution?

Anonymous said...

I had a situation where the jury came back guilty on a murder case and an African American woman juror ran out of the courtroom in tears after the verdict.

She sent word that she felt she had been treated in a manner similar to that protrayed in this case.

I filed my notice to the court and state of my intention to speak to this lady.

Judge Emas ORDERED me not to do so.

Broward isn't the only weird place.

DS said...

Jurors who dont VOTE their Conscience BUT COMPROMISE Justice

JUDGES who intimidate

ASAs who Violate the RULES and are ETHICLY Challenged

MAYBE that is what keeps DEFENSE Attorneys going.

I Fight Authority and sometimes the Little guy/girl WINS


I'm done said...

1:25 pm Monday. Too early to Shum it?

Anonymous said...

Actually 12:37 Emas gave you the right advise. As much as you think talking to her directly would help, it may have substantially affected the juror's credibility.

The best procedure is to notify the court of the contact. The judge should not interview the juror alone, but bring the juror into court and question her in the presence of both parties. Presumably, if she has more than "buyer's remorse" and truly feels the way she has explained to you, she will stick to her testimony and some relief may be available.

I know, some will respond that the judge will act as a coersive effect or the juror may be intimidated. To an extent this is a viable concern, however, if the judge handles it correctly, the result should be proper.

So in the examples set forth in the Broward case and yours, both judges were wrong.

Anonymous said...

If you have no business to do, call shumie. Who will complain?

I've been on Shumie since about 10:00 this morning. Had two new clients arraigned, then I was out.

Anonymous said...

Where is the JQC? This is beyond pathetic - what makes it worse is that its not the only recent case involving allegations of juror misconduct where a (Broward) judge failed to inform the State or Defense.

working out-cashing in said...

My friend at 1:26 pm, lord knows I have taken more than my share of Shumie time. 7 months into the year I have cashed two referral fee checks totaling 832,000 and my big PI case where I am co-counsel we just turned down 15 million, shooting for 20 and I get half the fee in that case. So lord knows I am coasting and enjoying life these days. But even I think 1:26 on a Monday is too early to call the Shumie.

Anonymous said...

I knew Kathy when she was Reno's assistant. She wasn't very effective as an assistant and she's even less effective as State Attorney. 19 years is long enough, it's time for a change. It's a shame that certain people have conspired to close an election to over half the electorate against the letter and the spirit of the law that they are now championing. As to those programs you stated she was instrumental in founding, she founded none of them. Those courts, programs, etc were generally the brainstorms of Judges, Clerk of Courts and the Administrative Office of the Courts. Kathy had no part in creating them. You gotta love Miami though, it's so close to the United States.


The Gulf of Tomkin incident has always bothered me Rump. There was discussion about Watergate yesterday. But this bothers me more.

Anonymous said...

5:57.............your criticism of KFR isn't entirely fair. First, KFR encourages innovation. Second, without her support, none of those programs would exist. Third, contrary to what you apparently think, KFR actually initiated some of the programs herself (ie. DUI diversion, the gang RICO unit, the SAO Innocence Project, etc.). Fourth, KFR has supported programs that MOST other SA's would have the guts to support (DUI diversion is a PERFECT example. She did it despite MADD's concerns because she thought it was the right thing to do. How many SA's would do that?).

Miami prosecutors are far more reasonable than their counterparts in the rest of the state. Anyone who's traveled outside of the 305 can attest to that.

KFR isn't perfect, but I think she's done a good job (especially given the challenges she faces because the Legislature has been so damn stingy and supportive) and has earned another term.


PS----the reason only half the county gets to vote is because Rod got his buds to run as Republicans. Can't blame her for that one.

Anonymous said...


Anonymous said...

This issue with the juror changing their mind is a real one. Every case I try, I spend a huge part of voir dire asking jurors whether they will stick to their guns and vote their conscience. It hasn't failed me yet. I rather a hung jury than one that comes back guilty.

Anonymous said...

8:02 You haven't a clue. I'm being entirely fair. I never said she didn't support the programs, just that they weren't her idea. The DUI program was initiated because police officers where loading up on overtime. The innocence program was initiated because of her office losing major cases that were not being reviewed properly. And the RICO program was initiated to facilitate prosecution on cases that her office was losing. And while I agree that the Legislature has never been a friend to ANY court, Kathy hasn't exactly been on the front lines lobbying. It's the same reason that most of Reno's top prosecutors left when she came into power. Her time is done, no one is guaranteed a tenured position in politics.

Anonymous said...

And 8:02 if you think Kathy had nothing to do with "Rod's buds" running, you are not only naive but gullible.

Anonymous said...

922----I can't tell if you are simply ill-informed or making stuff up as you go along. Anyway, as anyone who was around could attest............

The innocence project was set up to review cases post-conviction to ensure that innocent people weren't convicted in error; it had nothing to do with prosecutors losing weak cases as you claimed.

The DUI program was started because cases were being dismissed at an alarming rate. Contrary to what you suggested, officers were failing to appear for court, not racking up overtime.

And, the gang RICO unit was set up to INITIATE proactive RICO investigations. Unit prosecutors did NOT prosecute regular pinks. Again, it had nothing to do with prosecutors losing cases.

Finally, Reno's top prosecutors didn't leave because KFR wasn't lobbying (where do you get this nonsense?).


PS----you really think KFR got Rod's buds to run? Get real. Anyone who knows anything about Miami politics knows that they're running (if you even want to call it that) because KFR is so well-liked in the Cuban community and so many members are Republicans.

Anonymous said...

WOW Judge Pando got the worst rating, even worse than the guy who has only been practicing 6 years.

Anonymous said...

BTDT you are a prosecutor, no doubt about it. Be honest. You protect Gail Levine for some reason and you defend KFR.

Anonymous said...

9:28 you're going to have to explain that one. You lost me. Are you saying she wants to loose?

Anonymous said...

The DUI diversion program had nothing to do with officers' overtime. They are still racking up all their overtime and hating the program. That train wreck was/ is all Kathy and her ass kissers.

Anonymous said...

10:26: I WAS a prosecutor, as I've always said. It's not something I "admit," it's something I'm proud of. I left the office years ago for greener pastures.

I'm not protecting Gail. I didn't say she did nothing wrong........I said that some people have lost perspective. And, if you read my earlier posts on other people/topics, you'll see that I generally speak against hammering people on this blog (I make special exceptions for a couple of people who whose incompetence/laziness are known to me).

I greatly appreciate the service that our public servants provide and have written in support of not just the SAO and ASAs, but the PDO (I thought Brummer was worthless, but like Martinez), APDs and judges as well.

I miss the good old days when we all were more civil to one another, when we closed deals with handshakes, our word was our bond, we didn't make things so personal, and law was more fun. Yeah, I even miss the Pickle Barrel.


Anonymous said...

Ah, but BTDT do you remember the days of the Alibi Lounge (the former Holiday Inn) for upon which ASA's and PD's would descend on Friday evenings to talk, laugh and comiserate over the previous week's activities? Now those were the days.

Anonymous said...

Lesson: when a judge wants to pull parties into chambers for an off-the-record chat after an inappropriate ex-parte communication with a juror, bring a court reporter.

DS said...

Link to DADE BAR Poll on Judges


Kissimmee Kid said...

Poor Miami, so far from God, and so close to the United States.

Anonymous said...

1127.............yes I do and you are so right.....those were the days. I also remember jaunts to the Marine Bar and Tobacco Road (Thursdays) as well.

The reality is that the vast majority of us would gladly return to our respective offices if we could afford to do so.


Anonymous said...

I also remember when former Judge Leah Simms sent an entire panel of 25 prospective jurors over to the Holiday Inn for dinner on taxpayers dime.

Anonymous said...

Leah was cool ! Wtf happened to all the characters ? There used to be so many eccentric judges , prosecutors and defense lawyers. It was colorful and exciting and often a little weird . These days everybody is a robot. Jason grey