Tuesday, October 16, 2012

MAN BITES DOG

Dog bites man....no story. Man bites dog....story. 

Judge denies request for bond.....no story. 

Judge grants request for bond in murder case.....STORY.  

Why is it that "Spanish language television" doesn't spend all week interviewing the families of defendants being held in jail on no bond? There's fifty of those stories a day at the REGJB.  Somehow, that story just doesn't  play into the media stereotype of the criminal justice system. 

But let one judge do his job one time....
When Judge Milt Hirsch  heard  the evidence on a murder case and decided  to order conditions of release ($100,000 bond and house arrest) the "Spanish language media" in this town went  bezerk, splashing the next of kin all over television bemoaning the "turn em loose" nature of the justice system, when nothing can be further from the truth. 

It's these rare events  (Black Swan events, for those of you that have read Nassim Taleb's great book) that drive the television coverage than in turn drives two bit legislators to try and get a "tough on crime" reputation by sponsoring some bill to address the case that has received all the attention. 

In this case, the question is not if a  "Bill to prohibit the release of people charged with murder"  will be introduced in Tallahassee this spring, but, sadly, when. 

Kudos to Judge Hirsch, not for granting bond, but for not being afraid to do his job, damn the consequences. 

See you in court. 


17 comments:

Anonymous said...

The comments section in the Herald on this case shows our populace's stupidity, and again re-enforces why judges should not be elected. They should not politically scrutinized for following the law.

Anonymous said...

Despite all the gripes about his ego, Judge Milton Hirsch is one of the true lights in the tunnel of darkness we see in the REGJB.

Anonymous said...

Smart, Milt. You walked your way into a recusal motion.

Anonymous said...

I was waiting for the next round of problems with Milt Hirsch and his time on the bench. Here are some recent articles from the October 15 (and one from September 10 – see below) Miami Herald. What is wrong with Milt?? He recuses himself from cases when it suits him – when he doesn’t want to deal with it. Is he afraid of his ability as a judge? He was never good as an attorney, although he would like everyone to believe he was. He cannot accept criticism – he is way above that.

http://www.miamiherald.com/2012/10/15/3051099/miami-dade-judge-steps-off-fiu.html

http://www.miamiherald.com/2012/10/15/3051232/miami-dade-judge-rips-family-of.html

By the way, I don't see him recusing himself from the Sergio Robaina case (see link below). Sergio Robaina is the uncle of former Hialeah Mayor Julio Robaina. In case you don't know, Mayor Julio Robaina endorsed Milton Hirsch when Hirsch was running for election for
judge. Come on, Milt, you know what you are doing. This is definitely a conflict of interest. Make sure you keep the right cases for re-election.

http://www.miamiherald.com/2012/09/10/2994873/arraignment-for-accused-hialeah.html

Anonymous said...

Yes, the Herald's comment section highlights the populace's stupidity, but there are plenty of appointments that reinforce in my mind why judges should not be appointed.

Anonymous said...

Perhaps you should be better informed about the facts before you go praising a judge for letting a murderer walk the streets. The defendant in this case unloaded a clip on an elderly couple, and was seeking the couple's son. How this is not a danger to the community, or that family baffles the mind. The female victim survived and clearly IDed the defendant yet Judge Hirsch, was seen laughing with the Defendant's attorney.

Judge Hirsch has proven to be way too liberal and the 3DCA has consistenly reveresed him at every turn.

Anonymous said...

Some of these Spanish language shows lack any semblance of journalistic integrity where, sadly, many of the audiences have a lack of sophistication. What's more entertaining, an analysis of State v Arthur or letting people in horrible pain vent? I think Milt Hirsch has been an excellent judge and commend him for following the law.

Rumpole said...

10:31. So in murder cases no one should be presumed innocent? We pay judges to hear facts and make decisions. We must assume that judge hirsch considered a myriad of facts about this case- priors, the alleged act, and the relative strength of the case.

Not everyone accused- no matter how horrible the accusation- is guilty.

Anonymous said...

Its abundantly clear a lot of people in the legal community hate a lot of other people in the legal community. The only time the vitriol seems to subside is when one of us passes away or the last two weeks of December.

Anonymous said...

Short Milt did what he thought was right. No problem with that; he followed the law as he understood it.

But why comment on the vic's family's comments? That's where Short Milt's ego got involved. You do your job, let the vic's family (or the defendant's family) bitch all they want. It's their right.

Anonymous said...

Finally we get a judge who will make unpopular but, fair decsions and boy are they trying to make him look bad.

Good luck Milt.

Anonymous said...

milt is a problem child

Anonymous said...

Didn't you also praise him for his stupid Shelton ruling that got smacked down at both the state and federal levels? Courage, or just arrogance, and does he even know the difference?

Anonymous said...

pesumption of innocence does not equal out on bond especially when you have a victim who id's the defendant. If this guy who shoots up a couple and is out looking for their kids is not a danger to the community, than who is?

Rumpole said...

Really? Well you try sitting in a jail cell for the five years on average it takes to resolve or try a murder case in
miami and let me know how it affects your life and family. Obviousky not a big deal for you.... Until your wrongfully accused and then you will pray for a judge with Hirsch's courage.

"American Minority" said...

Rump,

I agree with you on this point this decision was a precarious one, a rare instance that David Ovalle who does a decent job of covering trials, exaggerated the details of this case,by stating in his dramatic title "Judge rips family" when in deed, that actually is not the case. The court of public opinion should not control the Judge's decision.

When a defendant is regularly declared no bond status daily, where is David Ovalle then? Yes, the man bit the dog today, and here comes the cynics.

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