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

Saturday, September 29, 2012

37 DAYS AND COUNTING

COMING MONDAY:  The calendar turns the page. The first monday of a new month. And not just any month. But October. And you know what that means. (Well, most of our robed readers might not, but they can tune in and learn.) Rumpole gives you the outlook you need to navigate a bumpy new SCT session. 

Congratulations to our suicide pool winner Fake Josh Gradinger.*  

Beautiful weekend ahead. Will we get a little fall weather? 

It must be bad for Mitt Romney, even Fox News has Obama with a 5 point lead. 

US citizens don't have guaranteed access to health care. But Guantanamo detainees do. They just got a new cardiac cath lab. The story is here. 

The 47% Solution:
Political gaffes are rarely recognized for their game changing characteristics when they occur. Ford lecturing Carter that Poland was not under Soviet domination was one such moment in their 1976 debate.  Regan telling Carter "there you go again" during their final debate in 1980 was not a gaffe, but it was a game changer. 

Mitt Romney's arrogant dismissal of almost half the american public on videotape was recognized immediately for the game changing gaffe that it was. From that day forward, the President has opened leads in national polls, and polls in swing states like Florida, Virginia, Ohio, Colorado, Iowa, and Pennsylvania. 

There are two things left that can save Mitt Romney's candidacy. Ok, three things: 
1) The President can tumble off the stage during the first debate next week; 2) The President can confidently state that Germany is not part of NATO; 3) Some international event could upstage the president, the election, and shake the public's confidence in Barak Obama. 

There are 37 days until the presidential election. Those days cannot go fast enough for Barak Obama and his team. But a month is an eternity in politics. 

Lebron Verdict:
If you didn't see our tweet, congratulations to ASA Reid Ruben and Laura Adams and Christine Zahralban for their successful prosecution of Joel Lebron. It's been a ten year long road for the prosecution and the family of the victims. ASA Adams has been with the case from the beginning. 

Enjoy your weekend. 

*Winner during replacement referee season. 












39 comments:

Rumpole said...

Yoga today. Namaste.

Anonymous said...

Kudos to Laura Adams, one of the very best asa's in that office.

Not a death penalty fan, but if Lebron gets it I will not shed a tear

CAPTAIN said...

Hey Horace. It's all about the RYDER CUP.

GO TEAM USA.

Michelson and Bradley 3-0.

USA up 6-3 with three morning matches to go.

Let's hope sitting El Tigre will bring out his best game this afternoon. Two of the three Euro points come from Woods and Stricker losses. Ouch.

Cap Out .....

Anonymous said...

Abe's comments were right on. why shouldn't defense attorneys congratulate ASA's for winning a trial and putting away a bad guy if it is done ethically?

whats wrong with that?

Anonymous said...

Let's see: I guess having your hero refer to the assassination of a United States ambassador as a bump in the road might qualify as a game-changing statement, if the main stream media which worships him would print it, but of course they do not. After all, we all know that the incident was provoked by that silly ass film that the president and his colleagues all apologized for profusely. Remember, when you are printing your pinkish tripe, that your grandchildren, if Obama gets re-elected, will pay not only the $5 trillion in deficits that he chalked up the first four years, but probably an additional $6 trillion more in his second four years, and YES, that is net of the $70 billion per year he will raise by taxing the rich and comforting those who do not pay more or get less in benefits that all will be well by simply fucking the rich. Frankly, the whole process is repulsive and the old joke about the similarities of politicians to sperm, that maybe one in 100 becomes a human is all the more evident at this time of year.

Rumpole said...

I agree. Prosecutors should be recognized when they do justice. And justice - if there really can be such a thing for those two poor young people- was done in this case.

Anonymous said...

Give the victims' families a grant of immunity, take Lebron to the parking lot and turn him over to them.

CAPTAIN said...


GO TEAM USA.. UP 8-4 after the morning matches.

Cap Out ...

CAPTAIN said...


My take:

Abe probably could have worded his email better, but, the bottom line is, the prosecutors deserve a "thank you" from the entire community, that includes the defense bar. They handled the job professionally, and by all accounts, a very bad human being will either be spending the rest of his life in prison, or many years on death row.

The punk who spewed his/her venom with the juvenile post yesterday is a total ass (see Rump I did not call him/her an asshole). If they did not appreciate the content of Abe's email, why did they feel it necessary to post on a publc blog when he/she could have privately emailed Abe and suggested that he was out of line with his email.

The person is a punk and an ass, and they should be banned from the private list serv. If you read something on that list serv, and don't like it, then take it up privately with the sender or directly on the list serv.

WTF right do you have to take it into an entirely diffferent forum? You have no class, you are classless, and a subhuman.

You may think you know your role in the criminal justice system. You have an equally important role; handling yourself as a member of the Florida Bar with just a bit more class and dignaty. And you sir/madam, have no class.

In fact, maybe it is time you go back and read the Professional Rules by which you hold a license to practice law.

4-8 MAINTAINING THE INTEGRITY OF THE PROFESSION

RULE 4-8.4 MISCONDUCT

A lawyer shall not:

engage in conduct in connection with the practice of law that is prejudicial to the administration of justice, including to knowingly, or through callous indifference, disparage, humiliate, .....against ..... other lawyers on any basis.

4 PREAMBLE - A LAWYER'S RESPONSIBILITIES

A lawyer should demonstrate respect for the legal system and for those who serve it, including judges, other lawyers, and public officials.

There is much more where that came from. Read it.

http://www.floridabar.org/
divexe/rrtfb.nsf/
WContents?OpenView

Captain Out ....

Rumpole said...

Get rid of the Bush tax cuts which came on top of two wars that he didn't pay for. Remember it was Cheney who sneered "Reagan showed deficits don't matter ".
Raise taxes in a ratio of 1 dollar raised for every 5 cut from the budget and we will be fine. But republicans, all having made a pledge to some amateur economist have rejected 10 dollars in cuts for 1 dollar in taxes. They are unreasonable and need to be replaced.

Anonymous said...

I agree with Abe that the State should be congratulated on a job well done, and I often have. But not in front of my client. Appearances are everything in this business.

Anonymous said...

Rump, Christine Z. of the legal unit has also been on this case for the past 10 & 1/2 years. In addition to her ttrisl redponsibilities, she handled all of the pre and post trial appeals and got three of the confessions back into evidence, including the juvenile, which W. Thomas suppressed. She is a very professional and talented advocate for the State. Reid, Laura, and Christine did a truly amazing job in a very difficult prosecution and they, and our community, should be very proud that this pig will never have the opportunity to do this to anyone else's child.

CAPTAIN said...


Rump, think we'll be seeing a market correction in the not too distant future. Dow and NASDAQ and S & P rising far too sharply and for no other reason than there is no other place to put the money when you will earn .30 interest on cash. Rising market not reflective of overall economy and earnings of most businesses.

Care to comment?

Anonymous said...

Cap

so you are a lawyer, blogger and economist?

dont try and time the market bro.

Rumpole said...

Actually Cap- I'm in DC meeting with some financial types in another business I have. Will discuss it with them. We need to make some decisions about where to park cash and the market is not it. Real estate might be. As well as some short term lending to certain entities. Anyway, the 4 Seasons in DC is just my favourite. The service is so fantastic and there is one concierge who has been here -must be 20 years- always remembers me and my favourite restaurants. Even if the info is in the computer, they take the time to store it and then retrieve it when I arrive. Makes life so much easier. Tried Toki Underground last night. Very funky. I love noodle bars and the Curry Chicken Hakata was out of this world.

Anonymous said...

Rump- saw your twitter exchange with Joe Scarborough of Morning Joe. Pretty cool. Field of Dreams makes you cry huh? You old softie.

Fake Jay White said...

Do the Dolphins have any chance today against the vicious Cardinals defense?

Rumpole said...

OK here we go. Over 47 Giants/Philly. Warning- this series goes in a cycle. One game over, one game under, and we usually are on the wrong side.
Arizona -4 1/2 over Fins.

Denver -5.5 over Da raiders.

Under 49 Cheaters at Bills.

Wouldn't be surprised to see St Louis catch Seahawks- who have a for real D, in a let down game after Seattle had such a big win on MNF.

Have fun.

Boring PD said...

Rumpole: Boring APD here. Just turned 30ish. Boring GF. Boring car. Boring condo. Boring job. Boring life. How can I spice it up? How can I get in on trips to meet investors and stay at cool hotels? I make a few extra bucks with private referrals from bond hearings or people in my division (calm down Carlos, we all do it It has been going on for decades).

So what do I do? Leap to private practice? Take a second mortgage on my condo and invest in some speculative stock trying to hit a home run? Help me. I'm not sure I can take the boredom much longer.

DS said...

Laura Adams has always been a pleasure to oppose. A straight shooter, she does what she says, keeps her word and tells you what and why she can or can not do something. She keeps the emotions in check, doesn't get angry or vicious, just a straight forward blitzkrieg of prosecution. She is a hell of a lawyer.

Anonymous said...

Gov Christie on all the Sunday morning news shows. Hate to sound superficial, but who can take him seriously? He looks like he ATE the state of NJ. Dude, sign up with Jenny Craig or something.

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

Ok I am NOT an economist. I beleive not only we are all politiciall, legally equal as citizens of the US. I do not think we should have unequal tax rates. Yes the more you make , the more you pay, but Not a higher rate.
I like a flat tax.
The DS TAX PLAN:
10 to 15% , PLus 10 for 10

Thats 10 to 15% for all, NO DEDUCTIONS. You make $10,000 or
$20,000,000 you pay the flat tax rate. No personal, child ,mortgage or health deductions NO deductions at all.
Corporations the same, BUT NON-PROFITS ALSO PAY. We all live in the USA, enjoy the privledges that brings, the infrastucture and Armed Forces, we ALL have to pay.
Red Cross The Churchs , Susan B Kolman,Red Cross, United Way , all have to pay their fair share, like GM, Budweiser, You and Me.

Than a extra 10% for 10 years which is divided in 3 ways.
Half to pay the PRINCIPLE of our debt. To Buy back T-bills or pay them off. No using the money to pay interst.

The remaining half is divided in half. Thats [One quarter ofthe 10%] goes to a rainy day fund for emergencys. The 2.5% [ the other quarter ] to infrastructure improvements.

After 10 years this 10 for 10 ends.
That is DS' plan for taxes.

Yes the rich pay more. 10% of a Million is more than 10% of 50K.
If the 10% flat rate is not high enough than set the Flat Tax rate at 15%.

Easy, Equal and Fair to all.
DS

Anonymous said...

Cisco agrees with DS..

Anonymous said...

Captain - you are such an ass kisser its crazy. And by the way where I come from "punk" means cool and anti-establishment. So I don't mind the tag at all. That's why I'm a criminal defense lawyer - because I do not want to be part of the system that you covet. That's how I know you have are a clueless tool who is book smart but has no clue about the streets and real people. You are Harvard smart but straight up stupid. You're the type to be scared to file demands for speedy trial until you've taken every last depo on the planet. You're the type that wants to be a Judge. You're the type that won't rock the boat despite the fact that rocking the boat is exactly what we are supposed to do. So go ahead and cite your ethical rules and kiss everyone's ass, while I fight for my clients and do what I have to do to get results (without ever having been disciplined by the Florida Bar).

Anonymous said...

DS is correct. There is nothing "progressive" about the current income tax scheme unless you use the word "progressive" as an euphemism for "socialist".

Everyone should pay a flat percentage, be it 10% of $1 million ($100,000) or 10% of $25,000 ($2,500). In this case, the rich person would pay 40 times as much as the poor person.

However, if you want to put the tax burden on the rich, replace the income tax with a sales tax that has exemptions for basic necessities (food, medicine, etc.) and the rich will pay a lot more than the poor every time they buy expensive stuff.

Fake Josh Gradinger said...

Enjoying this week as the reigning champion of the suicide league.

Asterisk or not, I am the champ!

Off to eat knishes.

FJG

PS...Rump...When do I get my championship ring?

CAPTAIN said...


I have never apologized for my Ivy League education and I won't start now.

GO TEAM USA 10-6 lead going into the singles matches today.

Cap Out ....

CAPTAIN said...


No one hates Belichek more than Rumpy, but I claim to be a close second in line.

But, I just read that, in the past ten seasons, the Pats have had a losing record, during the regular season, twice:

0-1 in 2003
1-2 in 2012

That's it.

That's impressive.

Anonymous said...

Pffft

Anonymous said...

DS,

I appreciate you defending us APDs on the blog against assholes like A.M. But let's not dignify this jerk by naming names of good lawyers in our office and the work that we do. We didn't sign up for this job for the glory. We know that we are better trial lawyers than most of the private bar. They are certainly better businessmen and that should not be taken away from them. Fortunately or unfortunately, we don't have a business to run so we can focus all our energy on the practice of law. But people like A.M. and those like him who bash the PDs office have no concept of what they are talking about. Let them live in their delusional world. We are better than that.

DS said...

621
You are right. AM is a Know Nothing. He just pissed me off with his insults. I apologize to those I named and to those I left out.
We PDs fight the good fight cause we breathe life into the Bill of Rights and believe in
Truth Justice & the American Way.

When I forget this or get fed up w the BS, I look at a picture I have in my office of a hanging in Indiana in the 1920s. That poor man hanging from the tree had no PD, no one to defend him. I dont want us decending back into that.

Anonymous said...

the fact that you can congratulate rump is what separates you from Davis markus federal blogeger. he never ever compliments AUSA's when they win a case

Rumpole said...

David is a warrior and I would want him in my corner anytime I had a fight. The simple fact is that it is a lot harder to feel any happiness for a fed. They almost never play fair and quite frankly I don't see them doing the job that state prosecutors do. State prosecutors do the heavy lifting and as a citizen of Miami I appreciate the work they do to keep us safe. I am sorry but I don't really feel any safer when an AUSA gets an enhancement on an illegal re-entry into the US or gets 360 months on a 100 kilo case. I guess what I am saying is that it is easier to like state prosecutors (except those from Browierd)

Anonymous said...

Happy with the verdict on Lebron. Pretty sure a 2L could get a conviction on that one. Nothing overly impress about a slam dunks Way to go Laura. Way to get a guilty that anyone in your office could get

Anonymous said...

Rumpole, lately, state prosecutors from Broward have been as nice or nicer than the ones in Miami-Dade. I guess that will last until November 6.

Anonymous said...

As the guy who gave gabe play and followed all the issues way back when, I thought u shd know that gabe martin passed away yesterday of a heart attack. Rip peace old buddy. We had fun times. He left behind is beloved Christina Alonso.

NFL picks said...


I hope your predictions with the SCT are better than your football picks. In your three weeks of picking, I think you have three wins and the rest losses.

Anonymous said...

10:59: you obviuosly have never handled a high profile case either for the state or the defense. no trial has a guaranteed result and even when there is a lot of evidence for your side, the pressure doesn't go away. if anything, it intensifies because the case is yours to lose. bottom feeders like you couldn't possibly understand what it's like to try a case like that. isn't it so very easy to throw touchdown passes from the comfort of your easy chair? now, go and suck it.