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

Thursday, January 17, 2013

PUSHIN AND SHOVIN

THURSDAY AFTERNOON UPDATE: DOM has all the details on the big rule 29 win in Federal Court in the Paki terror trial. Dore Louis, Kim Acevedo and Joe Rosenbaum did the job for their client. 

Meteorological update: Open the windows tonight and get out the warm comforter as a cold front moves in behind the rain. Temps will drop into the mid 50's tonight and we will struggle to reach 70 Friday. Finally a little respite from the warm spell. 

The rumour mill was in full swing Wednesday and our email in box was overflowing with information about  a lawyer and a police officer  who squared off in front of mild mannered Judge Louise Krieger-Martin. The bailiff intervened as the squabbling parties were ushered into the hallway where the officer made mention of calling the Florida Bar while the attorney continually taunted the cop to hit him. The affray ended without fisticuffs. 

OFFICER ANGEL MERCADO SUSPENDED. As per the Herald's Scott Hiaasen here. In the on going gambling investigation.  So don't expect him to show up for depos. 

Reminder: the memorial for Jim Best is tonight at "The Hole In The Wall" at 14421 South Dixie Highway, starting around 6pm. 

On Wednesday Judge Thomas sentenced Michele Traverso to 364 followed by two years house arrest for hit and run death of cyclist Aaron Cohen. Ramon dela Cabada for the defense. The state was seeking six years in prison. Should those who commit  traffic crimes, even those resulting in a tragic death- absent aggravating factors like impairment-be punished with six years in prison?  We mean, the word "accident" is part of the actus reus

Trivia: Which president asked congress for a complete ban on the manufacture of assault rifles? 
President Ronald Wilson Reagan did. 
So much for the NRA's second amendment hero. 

Trivia: This is a hard one. Which very very high ranking Obama Administration official's father had a middle name which was the last name of a long time REGJB Judge. 

See You In Court. 

28 comments:

Anonymous said...

First? If so, yippee! I am da man.

Tannebaum Tweets said...

The great one was right in the middle of twitter yesterday on the Notre Dame GF hoax. "How can it be a hoax? It was tweeted like 300 times?"

Also riffs on Obama, guns, made it a good day.

TT (c) 2013 because all tweets and twitterers are not alike.

Anonymous said...

And the Lady of justice peekes over her blindfold... again.

Anonymous said...

Great job by Ramon. I fully expected Thomas to give Traverso a sizable prison sentence.

Goes to show the level of preparation and hard work required to get a good plea for your client. Too many lawyers are chest beaters and are quick to shun anyone who doesn't try a case. Had Ramon tried this case, he would have lost and his client would have gotten launched. I don't think any lawyer could have won on these facts. Being a good defense attorney is about the client, not about the attorney's ego or reputation as a trial lawyer. Many times, getting a good plea takes as much work, if not more, than it takes to try a case.

Ramon deserves credit for getting this plea, despite 50 or so family members and friends of the victim packed into the courtroom demanding blood.

Anonymous said...

Theoretically speaking, what's the earilest I can Shum it on any given day?

CAPTAIN said...

THE CAPTAIN RETORTS:

Rumpole, you ignorant slut .....

Rumpole. We are a civilized society. What caused that were the laws of our state and country that turned us from being like the wild, wild, west of old, to the point where, when you have an "accident" and strike a human being in the road, you just don't drive away and leave them on the ground to die like animal road kill.

It was not the "accident" that the defendant was being sentenced for. It was the intentional conscious decision to leave the scene after the "accident".

Having said that, I was not at the sentencing. It appears that Judge Thomas listened thoroughly to both sides on this very difficult, emotional issue before him.. The bottom of the guidelines was 22 months and it appears that is what Judge Thomas gave this defendant. But. Instead of having him cared for by a state prison, he fashioned the sentence so the defendant would stay local.

So, I can accept the final sentence because Judge Thomas did his job.

Cap Out .....

Anonymous said...

The science of shumie- why leaving work early makes you healthier.

Rumpole said...

You know you need to watch your language You can disagree without name calling. Don't do it again on my blog please.

Anonymous said...

Shumie boom shakalaka boom boom.
Shumie boom shakalaka boom boom.
Shumie boom shakalaka boom boom.
Shumie boom shakalaka boom boom.

CAPTAIN said...

I apologize. That was a line, from the infamous Saturday Night Live skit with Jane Curtain when she was on the Point, Counter-Point skit. Thought it was funny, not name calling. But, I respect your opinion greatly and will refrain from future name calling.

Will you be sharing the name of the attorney from Judge K Martin incident with your readers?

Cap Out ...

Anonymous said...

Who's the only attorney in the building who would square off with a cop?

CAPTAIN said...

AM. And that's nit American Minority.

DS said...

10:29
You ARE Correct. Ramon did a great job. Most times a good pleas IS BETTER than a Great Trial
{ where the client gets convicted but the lawyer did great litigating }

Rumpole,
You Ignorant Slut is a joke line from SNL. Besides we all know you are not a slut, lol

Fake Alex Michaels said...

Dis is bullsheeet. You don square off wit a cop. Any idiot knows dat gets you arrested for stuff. If a cop gives you crap....you beeetch slap his or her ass hard to da ground wit your pimp hand and don let the crying baby up till dey apologize for mouthing off.
But dis squaring off is bullsheeet. For amateurs.

Anonymous said...

Why do cops think they are above the law? What bugs the hell out of me is their smug attitude.

"Unabridged American Minority" said...

Cap,

Thanks for the compliment, and although I have made the one single fallacy of squaring off with one of these unscrupulous assholes, I have learned it is far more advantageous, and wiser to stay calm before the storm of impeachment, take all that energy and implement it into pre-trial/trial.

I prefer them to get belligerent in front of the jury. Such as Bill Matthewman so effectively handed Anna Howell her ass to her on the stand during trial, not that she had that much to give in the first place. lol

~AM~

Anonymous said...

Pando to work with Ben Alvarez....a match made in heaven.

Anonymous said...

What happened at the Third and Milt Hirsch? Tell me more.

Anonymous said...

Rubberband man just came on Sirius 70's on 7- and that means it's time to go.

"So much grace and debonair in one man? Nah...."

Rumpole said...

"Milt's Misery at the 3rd continues."

Tomorrow on the blog

Anonymous said...

I just read in the Miami Herald that Hirsch is going to rule on the Sergio Robaina case. Why did Hirsch not recuse himself from that case. Sergio Robaina is the uncle of former Hialeah Mayor Julio Robaina, who was one of Hirsch’s endorsers when he was running for Judge. Conflict of interest??? I would think so.

Anonymous said...

Come on. Let's hear who the lawyer was that got into the squabble with a cop. WE WANT TO KNOW NAMES!

Anonymous said...

2:24 - sure, because lawyers are NEVER smug, are they?

Anonymous said...

Rump, which part of Cap's comment offended you? The part about being ignorant or being a slut?

;-)

BTDT

PS----those old SNL skits were awesome. Remember Mr. Bill?

"Unabridged American Minority" said...

224,

Cops, much like corrections, are for the most part, hired neanderthals, with little or no record.

As my middle aged white friend who served on jury duty recently refers to them "a necessary evil". My god kids father is an officer, and the way he explains it to me is that these guys can barely write a report, hardly follow protocol or S.O.P, once they clear F.T.O. They lie like hell and have psychological issues they eventually can not conceal.

Look at all the officers through the years in this municipality and the rate at which they become involved in criminal activity. The question is not if they're bolstering but how much.

Take for instance my godfather on leave while from active duty in the military during the 70's before he became an officer, he had an ankle holster on him, and had left his CWL home. He was stopped by an officer and immediately advised him that he was armed and showed him the weapon. Per the affidavit the cop's version was:"After searching ^ firearm was discovered." He showed up to court in uniform and the case was tossed immediately. He's close to retirement now and he's an F.T.O and has to constantly flag these asshole gunho trainees. He can't wait to retire I can't wait to impeach these assholes who boggle the people's trust as if were stupid. Cops are a 50/50 not all are bad but in my experience and knowledge fewer are honest lawmen, matter of fact it's a rarity. I'd glad this idiot took to many steroids and exposed himself. Most of them can not bag a chick without brandishing a badge. I had an officer's girl once and had to let her go because the punk would stalk her and I just didn't want to have to hire me a Lawyer for a stand my ground case.

Anonymous said...

.....{Yaawwwnnnnn}.....

Anonymous said...

Milt: when are you going to learn. You should never talk to david gilbert without someone else as a witness to the conversation. He is a squirrely passive aggressive dweeb!

Anonymous said...

Ramon did a great job with that plea! Especially since the reason the defendant kept driving from the homicide scene was because he'd been out drinking in the Grove all night on Valentine's Day, and didn't want to get slapped with a DUI Manslaughter. Guess it takes more than a cyclist to hit your windshield and go over the roof of the car to make you consider doing the right thing......like stopping.

Ramon saved his client.