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, February 21, 2013

YANQUI GO HOME

COMING MONDAY MORNING:  Our much anticipated, widely discussed, thoroughly non-plussed analysis of the Oscars. 


Padilla Not Retroactive: Earlier this week the U.S. Supreme Court ruled that it's landmark decision in Padilla v. U.S was not retroactive. The ruling deals a severe blow to thousands and perhaps tens of thousands of aliens who had criminal convictions- many of them minor- that they now cannot reverse, even though they were never told of the immigration consequences of their plea. Here is the SCOTUS blog on the case. 

Moonoo to the rescue!
In South Africa, a criminal investigation drama is playing out on a world wide stage. The drama is worthy of a story line usually seen in South Florida. A defendant who is an olympian with no legs- was charged with killing his model girlfriend by shooting her through a closed bathroom door. The police detective- a Detective Botha- was reportedly torn up pretty good on cross the other day during a preliminary hearing. And that was before it was revealed he was being investigated for attempted murder!  
Now a senior police detective with over thirty years experience is taking over the case. Exit stage left Detective Botha. Enter stage right Lieutenant General Inspector Vineshkumar Moonoo. 

Detective Botha has a scheduled May court appearance for opening fire on a crowded taxi that committed some sort of traffic infraction. What with court appearances, an arraignment, bail discovery and such, it was decided Botha didn't have room in his schedule for investigating this new case. 

CREDIT WHERE CREDIT IS DUE
The Miami Herald is last to report the firing of the ASA for flashing his badge at a local strip club. The article is here. 

Note the fine writing, the meticulous attention to detail, and although our modesty makes us a bit shy to admit it, it certainly was swell to be recognized as the blog which broke this story. Those guys at the Herald are tops in our book. 


Now the injustice: reporter Andres Viglucci wrote this: The incident was first reported in a Miami New Times blog.

THIS IS AN OUTRAGE! The incident was first reported HERE! On the best damn blog in Miami. And we intend to let Mr. Viglucci know about it. 


Here is our blog post dated Tuesday February 12, 2013. 


The New Times Riptide blog post is here, dated February 20, 2013. 


WE DEMAND A CORRECTION. 



See you in court, and yes, that might mean you Miami Herald. Fishwrap  drivel that can't even get who broke a story correct. 

Read more here: http://www.miamiherald.com/2013/02/21/3246701/badge-flash-at-strip-club-gets.html#storylink=cpy

33 comments:

MC Waste Services, Inc said...

miami herald is to be commended for relying on this blog for decent reporting sometimes.

Just a Judge said...

Watching Reid and Phil go at it is a lesson in the very best of classy lawyering. These two guys are fantastic. Reid of course did the right thing by immediately disclosing a tape that could hurt his case- from what I read in the Media. And no one who has ever had Reid in their courtroom would expect otherwise. His integrity is beyond question.
And Phil has been masterful in his defense so far. His opening was perhaps the best I have heard. And his legal maneuvering on the tape issue has been as good as it gets. As a Judge I have been popping into the trial to watch when I can, and of course many of my colleagues are chatting about it on email and in person.

Too bad the whole thing hasn't been taped. It would make a good few hours for a law school course.

South Florida Lawyers said...

Finally some credit -- well done!

MIKO the MONKEY said...

I was the Judge in Criminal Court in 1993 when Phil R. was the ASA and he was prosecuting a young and violent career criminal. He was trying the case against a very experienced and well respected defense lawyer. I had never met Phil before and I was blown away with his abilities as a trial lawyer, his incredible sense of integrity and justice and his compassion to do the right thing. I do believe that Phil is one of the very best and it was an honor and a privilege to watch him in trial. Any client who is fortunate enough to have Phil represent him or her should realize that his dedication, loyalty and experience will be life changing in their quest for justice. I hope that Phil one day is appointed as a Circuit Court Judge or U.S. District Court Judge...

SoBe dandy said...

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Please watch these pages for my tips and hints on how to hit the clubs as perfectly groomed gent.

Anonymous said...

When your biggest fan is a monkey, you know you have problems.

Anonymous said...

Anybody figure out why the prosecutors are against the ropes and offering an accused cop killer not just a chance off the row, but a term of years that he does a third of?

Look who the defense attorney is. That's your answer.

Old Time ASA said...

First- Reid is the best Death penalty prosecutor in Miami and probably the state. And as this case has shown- the most honest and ethical.

Second-Phil is as good as I have ever come across and he can certainly put a hurtin on your case and make lemonade with lemons. He's done it to me and I am not half bad.

But lets remember this case is where it is because of Reid and we don't know what would have happened if the evidence had been presented to the jury.

Just Sayin' said...

Phil R.is a GREAT lawyer, with a BRILLIANT and QUICK mind with an AWFUL demeanor in public.

The responses will be, "oh, you really have to get to know him". I do, for years, and he's a curmudgeonly sourpuss.

Just sayin'.

Anonymous said...

what about Migna Sanchez-Llorens ignoring a jury's findings this week? No comment Rump, nothing? Migna, Brennan and the rest of these bully judges act out their anger with impunity and there is no backlash, no consequences, nothing. It is disgraceful.

Rumpole said...

I have no shame in admitting I know nothing about the Ryce law. Never tried one of those cases. Don't know the law. Wouldn't know what to say. You write it and email it to me and I will run it.

Anonymous said...

Neutral on this one. Only know the dude from a distance. Seems very good in court. Never spoke with him.

Anonymous said...

Has anybody else wondered how the Port St. Lucie nuclear power plant employee (see Homer Simpson) father of the "Party Princess" DUI manslaughter defendant was able to hire Roy Black's law firm to defend his daughter? I've heard that the actual hiring was done by the PP's employer who fears a massive civil judgment in the event that PP's case goes bad.

Anonymous said...

I agree that both Phil and Reid are fine attorneys. But isn't it much easier to try a case after it has already been tried once, you have the trial testimony transcripts and you have several years to prepare? Just sayin'.

Anonymous said...

Migna has balls the size of boulders. That sex freak is a monster. Anyone with a wife, sister or daughter owes Migna for stepping up.

Anonymous said...

To respond to Just Sayin- I have never told this incident before. sometime in the 1990's a client came to see me about a murder case for his brother. Phil quoted 75-100 and I stole it for 25K. He never said a word. Day before trial we're doing motions and I"m getting my ass kicked and client's brother sees him in the hallway and begs him to come in on the case. Phil asks my permission to sit in- does an amazing voire dire the next day. I do opening- he does most of the cross having taken all the depos home the first night and shows up on day state rests with a written JOA motion that court partially grants. Case goes from 1st to second and he does close and gets a Manslaughter- no firearm yet. And client gets 4. Phil never asked me for a dime and client had no more money so I don't think he ever got paid.. Then he does appeal and before he files brief gets AG and state to agree to request the court to reduce it to 364 and ten yr prob if he waives appeal. I offered him half the fee and he refused. He knew I was just out on my own and he said me getting the case wasn't personal. He never told this story and kept my confidence and I became a much better lawyer and never had to live with a client doing life on my conscience.
I refer him all my big cases now- but this buddy is the public pay back and apology you always deserved. He's not cold or a sourpuss. He keeps to himself but he cares about clients more than anyone I've ever met and he never kicked me when I was both down and deserved a kick.

Anonymous said...

519...............thanks for sharing that story. I have new found (and tremendous) respect for Phil. One of the coolest stories ever.

BTDT

Anonymous said...

Let me share MY personal story about Phil R.

This one time, at band camp...

Just a judge said...

Migna has no courage. It takes no special fortitude to give the mob the scalp for which they loudly clamor.

The truly courageous act would have been for Migna to follow the law, while ignoring the howls of the colosseum. She was gutless.

Anonymous said...

5:19, I had only heard one thing about Phil and it wasnt flattering -- so having read your comment I realize (once again) how I need to withhold judgment. Sounds like a good guy.

Question, though. What were you doing wrong about signing the case up for 25? The family came to you. Is that considered rule-breaking if a client consults with a big name, gets quoted a big price, and a young guy takes it for far less?

Im just starting out myself and ask the question sincerely.

Anonymous said...

8:14 is right. Migna is the monster. Surprised her ego fits through the Justice Building's doors.

Anonymous said...

9:46 pm- not being involved in the matter, my take was the younger lawyer admitting to signing up a case he or she was not qualified to handle. It was not- in my view-an issue of being under quoted- but an issue of taking on a first degree murder case with a mandatory life in prison sentence that the attorney was not experienced enough to handle.

In my experience the business market for lawyers in Miami has this crazy line. And this case is a perfect example. There is a number that is fair for a case based on the possible penalty, the amount of work involved and whether experts are needed. Lets assume Phil was on the mark and fair at 100k. We don't know for sure, but this is a hypothetical.

What occurs in Miami is that after the price is quoted, if the client goes elsewhere two things happen- first and usually the most frequent is the lesser attorneys will tell the client they are being over charged and try to score a quick 25- or 50 K with the hope the state will offer a plea at some point- say second and twenty- and the lawyer can sell it to a client facing life and get out before the trial.

What also occurs- usually in less serious but scary cases is that very bad attorneys will way over charge a case. Here is a recent example in my practice. Client is a professional- say accountant- has a domestic with an unstable girlfriend. Client kicks her out of his apartment and there is a fight and he throws her cell phone charger at her. Victim is extremely hot and calls cops who show up with a DV detective who can't keep his eyes off her and makes an arrest for- take a guess.....ATTEMPTED MURDER.
Client is stuck in jail and scumbag attorneys are crawling all over him some quoting 100-150K and client and his parents are so damned scared they almost pay it. Note that client has no priors, "victim" has plenty. Victim went to hospital for scratch but started freaking out and was admitted and blood tests showed high levels of alcohol and cocaine metabolite. I got client out- got state to file misdemeanor- did it all in two weeks for 5k down against another 5.

Why quote that fee? 1) its fair based on my experience (former ASA) as to how case would shake out. 2) I built my practice by not ripping off clients Which is why client's brother - a former client-told his parents who paid me to trust me.

But why did the scumbags almost get their money? They told the client who was rotting away in DCJ that he was facing 30 years. Imagine being a 27 year old kid, no arrests, newly minted CPA at a big Miami firm on track for partner that your whole live is over because so ex stripper is feeding the cops a line of shit and they are buying it. His parents were in the process of selling stocks when they met me.

This happens all the time.




Anonymous said...

With Hirsch's ego as well the Justice Building is going to have to get bigger doors.

Anonymous said...

Rumpole- please! All of this intelligent conversation about the law and lawyers and legal fees. No nasty comments about personalities.This blog used to be Shumie-centric. Now the comments are veering into the intelligent and respectful. Please put a stop to it. I am not sure I can take the shock of the change.

Anonymous said...

You guys think Phil is cold? Reid is the fricken Ice Man Cometh.

Anonymous said...

"Shumie-centric". Love it. And the beat goes on.

Anonymous said...

Guy from 9:46 here again.

8:17 thanks for the explanation. I was recently approached by a potential client for a fed case offering 50. Keep in mind it takes me about 20 clients to make that much now, so I was salivating.

Also keep in mind I have never tried a fed case in my life. I let it go and wished them luck.

I trust that was the ethical thing to do. On the other hand, if a big name quotes 50 or 75 for something I think I can handle, Im damn straight going to take it for 25 and hope that isnt going to be perceived as back-stabbing or racing to the bottom. You've got to start somewhere right?

Anonymous said...

Hey! Miami loves Migna. And Migna loves Miami. And don't you forget it.

Rumpole said...

My view is you take the fed case as long as you bring in a more experienced atty to assist you.

Anonymous said...

As good a lawyer as Phil is, he's an even better poker player. He scoops big pots at Miccouskee regularly and has won big bucks tournaments in Vegas. I've seen him break pros in all nighter high stakes at Miccosukee.

Anonymous said...

Migna loves Miami. Migna hates rapists. So, Miami loves Migna.

Anonymous said...

5:19 is the root of the f-up in the system. It is people like him -- the incompetent hacks -- who undercut the decent defense lawyers with ridiculous low rates and do nothing to assist the client except ultimately forcing him/her into a guilty plea when the Judge won't grant any additional coninuances. Fortunately, Phil bailed him out when it looked like he was actually going to have to try a case and earn his fee. This guy should be working at a fast food restaurant.

Anonymous said...

Phil didn't buy my kid's girl Scout cookies. And then he kicked my poodle.