Penelope Soto (what Soto did you think we meant?) gave Judge Rodriguez-Chomat "the finger" during a tete-a-tete over a bond hearing after the Judge made inquiry over the value of the jewelry she was wearing. Ms. Soto, age 18, said the jewelry was worth "Rick Ross" type money. Rodriguez-Chomat, who (and we're just guessing here) might not be partial to the SoBe hip-hop artist, then raised Soto's bond from $5,000 to $10,000. After the parties engaged in repeated and various salutations ending the unusual encounter, Soto raised her middle finger to the Judge and mentioned an act of human relations not normally encountered over a video bond hearing between an inmate who is partial to Rick Ross and a much older and distinguished jurist whose tastes might just possibly run to musical artists a few decades in the past.
In any event, the episode (view the NBC6 video here) ended with Judge Rodriguez-Chomat making her an offer she couldn't refuse: thirty days in the jail while Ms. Soto contemplates her actions.
Thoughts?
We recently read a federal opinion in which the use of the middle finger as a salutation was heavily footnoted and in which the federal appeals court concluded was constitutionally protected speech.
On the other hand, there is the well known adage that the first amendment (regrettably) does not cover .....
warning- while this is a family blog, the following may not be safe for young children or those who wear robes....
telling a judge something that almost every lawyer has wanted to say at one time or another in their career but has not.
By all accounts Judge Rodriguez-Chomat is a gentleman and a judge not known for losing his temper on the bench. As to Penelope Soto, that little snot-snosed whipper-snapper got what she deserved. She was in a court of law after all, and unsolicited references to Rick Ross have no place in a temple of justice.
See you in court, where we have never said such a thing....(but are not discussing whether we have ever thought about saying it).
59 comments:
That's MY Judge. ROC. Div 70 Where Life Min/Man is the Standard State Position.
Off the Bench he is a fun guy.
He actually had a great sence of humor over the incident
You tell me F U
Well F U back plus 30
Well, he did unlawfully raise her bond. Who gets to hold the otherwise nice judge in contempt.
I hope I am Soto's PD. Haven't had a hot client in, well, forever. I will even do her case for free.
I'm not so sure he unlawfully raised her bond counsel. The ability of a person to afford a bond is a consideration a judge should make. That being said I think a night in the pokey, an apology and a bond reduction is a good way to save a few hundred trees which will otherwise be sacrificed in the paper this appeal will generate.
I blogged about this today also. I think she got what she deserved.
Well Rumpole, maybe you need to look again. He set the bond, and then RAISED it after she said "Adios" I am guessing that there wasn't much consideration of her financial situation.
if you're a PD you practically work for free anyway.
THE CAPTAIN REPORTS:
Losing his temper, not Rodriguez-Chomat .....
I'm glad you prefaced your post by saying "not on the bench" and you included that he was a gentleman too.
Here is my post from April 30, 2010 when the Honorable Judge Jorge Rodriguez Chomat filed against then Judge Johnson and Johnson withdrew his name at the witching hour:
Judge William Johnson drew an opponent, (as we reported here FIRST yesterday). He is Jorge Rodriguez-Chomat. Rodriguez Chomat was born in Havana, Cuba in 1945 and he is 65 years old. If he wins, he will be a one term Judge; (unless they change the age limit). Jorge served in the Florida House, winning a seat in 1994 over Matilde Aguirre. He won 51% of that vote (3,928 to 3,731). He was re-elected to the House in 1996 without opposition.
In the Spring of 1998, while in Tallahassee during the legislative session, Rodriguez-Chomat became famous for picking a fight on the House floor. On April 13, 1998, Chomat scuffled with Rep. Carlos Valdes. Chomat approached Valdes on the House floor, “started insulting him, then grabbed his tie and the scuffle was on”. The debate that led to the fight was over whether to give people vouchers to send their children to private schools. Valdes supported the plan and Chomat opposed it.
That public “Tussle in Tally” may have led to Rodriguez-Chomat losing his House seat as he went down in defeat in the Republican primary in 1998 to Gaston Cantens with Cantens garnering 52% of the vote (2,592 to 2,370).
CAP OUT .....
captain4justice@gmail.com
Judge Rodriguez Chomat is a hothead. He grabbed another representative by the neck when he was a representative in Tallahassee. Behavior is consistent. He lost his temper in this case too when he raised the bond because defendant was disrespectful. Defendant did the wrong thing. But the First Amendment says what she did is protected speech.
You south Floridians are crazy! Bonds are not punishment. She said, “Adios,” that is not relevant to her finances. Your judge was being a dick and doubling the bond as punishment.
Then, he was a double dick for the thirty days. You have to give them a chance to repent. A judge needs to calm down, take a breath and give the person a chance to beg forgiveness or to explain why she did what she did. A gentleman would have appointed her a lawyer. But even without a lawyer, he has to give her a chance to explain using the magic words, “why shouldn’t I hold you in contemp for saying, ‘fuck you’ to the court.”
And, what is this TV court? Very Orwellian this lack of human contact.
30 days is unfair..and wrong...we should not laugh this off
Your judge tried to choke out a legislator? Maybe he is not such a dick after all.
I like saying Chomat. Its fun. Try it. Chomat. Chomat. Chomat. Btw- a well written piece rumpy. You have a great style.
I never heard of rick ross http://en.wikipedia.org/wiki/Rick_Ross
When all else fails, look to the rules:
RULE 3.830. DIRECT CRIMINAL CONTEMPT
A criminal contempt may be punished summarily if the court saw or heard the
conduct constituting the contempt committed in the actual presence of the court. The
judgment of guilt of contempt shall include a recital of those facts on which the adjudication
of guilt is based. Prior to the adjudication of guilt the judge shall inform the defendant of the
accusation against the defendant and inquire as to whether the defendant has any cause to
show why he or she should not be adjudged guilty of contempt by the court and sentenced
therefor. The defendant shall be given the opportunity to present evidence of excusing or
mitigating circumstances. The judgment shall be signed by the judge and entered of record. Apparently no attempt by the judge to allow the Defendant to provide an explanation.
How great would this have been if it was Jorge Cueto on the bench?
I imagine he would have HO'd her, sentenced her as a VFOSC, applied the Anti Murder Act and then sued her in civil court for mental distress. Then he would have given her 30 days of enhanced interrogation at Guantanamo.
Where is Jose Baez when you need him he get this little hood rat off..you feel me yo!! from murderer's to pill popping chicks ... i smell another boook!!
The 30 days for DC after she flipped him off and cursed him out, that's fine and right and no less than the little brat deserved.
But. . .
He tells her "bye-bye," she says "adios," and in response he doubles her bond, from $5,000 to $10,000? That was wrong. Period. WoHC wrong. JQC wrong.
On the other hand, this 18 year old child was completely disrespectful to the court. Very poignant commentary of the lack of civility and discipline of young people today.
calling shumie time for shumie shuffle.
Donte Stallworth received 30 days in the DCJ for killing another human being while driving drunk. This kid deserved a swift kick in the ass but 30 days is excessive.
Stallworth paid 5 million dollars to the victims and the next of kin agreed to the disposition. You are an idiot...
Rump tweets from Berlin where it is six hours ahead. It's midnight there fella.
Go to bed!
Stallworth paid a helluva lot more than 5 million.
The raising of the bond was unlawful. There had been no change in circumstances in the 10 seconds after he entered the bond order. Besides he did not raise it for that reason.
He said "goodbye" and she responded in like kind in Spanish and light heartedly. There was nothng really offensive there for him to have punished her.
After having presided over thousands of bond hearings I will tell you that you have to have a sense of humor and a thick skin. This is not to excuse what Soto did, but Chomat did povoke her unnecessarily. It did not deserve 30 days. I think a couple of days before posting bond would have sufficed if any incarceration was needed at all.
Truthfully, he is an awful judge. Doesn't know the law. Not sure how good his English even is. Mugs for the camera and audience. No real commitment to justice.
Of course the chick was out of line, but he kind of invited it.
Bye bye and adios.
bond is not meant as punishment. Purely to insure the return of the defendant to court. Bond isnt arbitrary. Dade has set bonds for each crime and the reduction of the bond is when the Judge determines that the defendant cant afford it. Not to raise it because the defendant has money (which in this case we have idea anyway). I am sure this is just more proof of the lunacy we have voted onto the bench! I am surprised at your response Rump! What Chomat did was a discrace. Thank goodness he is a one term wonder!
In 399 B.C., Socrates complained: "Our youth now... have bad manners, contempt for authority..."
But let's be real, you're all jealous that you can't give a couple of judges at the JB the finger.
what an idiot!!!!! oh yeah, I'm talking about the judge losing his temper. Wear a teflon suit next time. she's 18. what were we doing at 18? A stern talking to would have sufficed.
Chomat is ok. He was an ineffective legislator, a subpar lawyer & only got on the bench because he picked off Bill Johnson. Hopefully he'll retire soon.
Soto is a typical Miami retard - but 30 days is EXCESSIVE!
9:33,
He did invite the silly behavior by first saying audios so why was he offend if he invited the petty behavior? It was a bit to much to increase her bond and give her 30 days in addition to that for criminal contempt.
If they want people to act respectfully they have to treat them with a modicum of respect. Putting them in a clown suit and televising them to the judge they know it's a farce, with their inmates there as the studio audience. This is not the same as a defendant showing up the judge and disrupting proceedings in the judges own courtroom. The judge was laughing. If he doesn't think it's funny he shouldn't be laughing either.
The commenter who pointed out that bail was set excessively high was right.
DS:
Shoulda removed your second post too. I'm sure your office's client will appreciate the old man's sence (sic) of humor during her month in jail. Even if she somehow gets out, what kind of PD are you to publicly make light of such a ridiculous and illegal ruling at the expense of some kid sitting in jail?
Just in case you do delete your post, here it is for posterity:
"That's MY Judge. ROC. Div 70 Where Life Min/Man is the Standard State Position
Off the Bench he is a fun guy.
He actually had a great sence of humor over the incident
You tell me F U
Well F U back plus 30"
voters get the shit elected officials they deserve
What she did was almost as disrespectful and insulting to our general intelligence as the moron with the Shumie obsession.
He needs 30 days of silence.
2:45 am: thank you for the post, and ensuring the stupidity of DS's post will live on in "posterity."
DS becomes more of a clown with every day. Too bad, he is a nice guy but really has no "sence" (sic).
YO YO YO Fake Roddy-Cho in da house. Don be dissin me bi-atch cause I come down on you like a ton-a contempt. You feel me dawg?
I have seen the video a few times. The young Lady was arrested for possession of Zanex while acting in a manner dangerous to herself, per reports.
Does any else think the young lady might still be under the influence at Bond Hearings?
I am betting the WRIT will be filed today, if it wasn't yesterday afternoon.
PS: 2:45 , I was channelling the Judge w/ the last 2 lines of my last post, NOT justifing the actons.But, at least I Do Not post
at 2:45 IN THE MORN, get some sleep , put the mirror away.
And Now for something totally different:
Knock Knock,
whose there
Its Dave,
Daves not here
no its Dave.......
Legislation has been introduced in Congress to Amend the Federal Marijuana Tax Stamp Act. The Bill would allow production, sale, purchase, possession and use in States where Marijuana is legalized (for medicall or pleasure reasons ) .
The Bill also lowers the tax
to $50.oo/ Oz.
The Congressional Budget Office estimates that based Only on the States where Cannibus is legal NOW , the Federal Tax will yield $20 BILLION Dollars to Federal Revenues.
I worked with DS at the PDs office. He is a nice guy but lacks common sense. He has known for years that his comments on this blog has him in hot water at the PDO. In fact, he has been spoken to several times about it in the past. Yet, he continues to blog away like it is some sort of addiction. He called Soto (Chief Judge) a spic a few weeks ago, albeit by accident, and now he feels the need to broadcast that Chomat is his judge, such a nice guy and make light of Soto's (PD Client more than likely)30 day incarceration. Considering the PDO has probably filed a writ on behalf of Soto already one would think that DS being a lawyer with 20 plus years of experience at the PDO would have the sensibility to shut the fuck up.
"Zanax"? You do this on purpose right, DS?
But wait! There's more!
4:34 You will bow down to Shumie Time and all things Shumie.
A comment was left in the previous thread suggesting Rumpole is UAM and Angry Girl. I'm beginning to think he might be DS. Thoughts?
DS,
The last two lines weren't the problem. And thanks for caring about my sleep.
Will silent Charlie file the writ for Penelope? No case yet at 3rd DCA per its website
coming down like that on a pathetic 18 year old woman plainly does not reflect well on the judge and is not indicative of judicial restraint
Please stop DS
DS is an idiot. If I were SC, I would find a reason to fire him. He really makes the office look bad with his constant comments about ongoing matters.
She seemed to be high on something. I've never practiced in criminal court. Is it right to go forward when a Judge suspects the person is under the influence?
Judge Rosnick did the right thing today and gave Soto PTS on the origional charge. She was also very respectful.
The judge says "BYE-BYE' and she smiles and says "ADIOS" and that gets her bond doubled - and then the judge says "adios" - the judge lost it - yes her flipping the judge off after her bond was raise was contempt - and she will serve 30 days - but I believe a Florida Judicial Qualification Commission complaint against the judge would not be out of order.
I get it, the 1st Am covers Soto but not DS?? You guys are hypocrites.
Just cuz someone has the right to say someting doesn't mean they should.
The Third District will probably do nothing about the Soto case. Just do a westlaw search to see how many criminal cases have been reversed for a new trial by the Third District in the last 3 years. Judge Rodriguez Chomat has nothing to worry about. Maybe someday things will change.
Let's see how many ways this was illegal. First, vindictive raising of a $5,000 bond (to $10,000) when the defendant should have been released to Pre Trial Services as it was her first offense and that 25 of the 26 counts were incorrectly charged (the SAO conceding). Second the judge illegally sentenced her for contempt without granting her the opportunity to purge. This was wrong on so many levels it's not even funny! This is a guy who instigated a fistfight on the Florida House of Representatives floor! What's worse? He'll probably get a TV show out of this!
If this is TRUE Carlos the PD KING needs a good ol' kick in the ASS!
Secret Judge said...
Don't be too shocked if our Hispanic Public Defender chooses not to file any pleadings with the 3rd DCA in the girl contempt case. His relationship with the Hispanic Judge supercedes his obligation to his client. My info, admittedly hearsay, is that big-shot PD feels she got what she deserved and he is reluctant to take any action that might embarrass his friend, Judge Rodriguez-Chomat. This is what it has come to in the Miami PD's office. A disgraceful judge who clearly over-reacted and a Public Defender who never tried a case in his entire legal career. Why am I not surprised.
Thursday, February 07, 2013 4:03:00 PM
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