Tuesday, June 25, 2013



BREAKING: Patriots TE Aaron Hernandez arrested. 

Investigators will comment later today on what they believed happened to Hernandez's missing arms.
"A football player usually has arms, especially tight ends" said one inside source who wished to remain anonymous. 

Bailiff Olga Durand plead guilty to a misdemeanor and the felony charges against her were dropped on Tuesday. David Ovalle of the Herald reported here that Durand will pay a $15,000.00 fine. 

From the article:

Miami-Dade police in July 2012 arrested Durand, 53, a popular bailiff who worked in the criminal and family division, after she was caught on surveillance video accepting money from a defendant facing traffic charges.
The man was secretly working with Miami-Dade police. Authorities alleged that Durand also concocted a fake traffic school completion certificate for the man.

Here's our blog post on this sordid mess from July 2012, which explains the whole glop of garbage in detail, including a copy of the arrest warrant. 

See You In Court. 

Read more here: http://www.miamiherald.com/2013/06/25/3469953


Anonymous said...

ur post fails to highlight the fact that the florida bar failed to open an investigation against the lawyer the bailiff was working for and collecting retainers on his behalf.

Rumpole said...

First I have no idea what the Florida Bar is or is not investigating. Second, it's fairly hard to report on a negative. The Bar didn't investigate. The IRS didn't investigate. The FBI didn't investigate. The NSA didn't intercept their phone calls. Ad infinitum.

Anonymous said...


That comment at 6:48 pm, is your best ever.


And is a great response to all the assholes who try to convict by having folks chase their tales and disprove the negative.

Rumpole said...

I read your comment and I have decided not to print comments that curse at me. Can you blame me> But as to the Bar issue, your original comment was that my post didn't mention that the Bar didn't open an investigation. And I responded that neither did the FBI, CIA, NSA or IRS. I also said I didn't know whether or not the Bar opened an investigation. And with all due respect to Mr. Ovalle and the Herald, I still don't, regardless of whether they printed something that said the Bar didn't, But I guess you think all government agencies tell the truth, right?

Anonymous said...

How do you have a $15,000 fine on a misdemeanor? Unless she pled out to 15 first-degree misdemeanors...

Anonymous said...

you mean that Herald writers tell the truth...

Anonymous said...

i think in your position u can momentarily assume they did not and muse in hypothetucal terms the import of their decision not to.

CAPTAIN said...

The Captain Reports:

Your newest Circuit Court Judge is .....

Governor Scott will announce his decision this week among these five finalists:

Jason Bloch
Donald J. Cannava
Wendell M. Graham
Ayana Harris
Robert Luck

If he name Cannava or Graham the he gets a two-fer.

Cap Out ....

CAPTAIN said...

Reprinted, with permission from The Captain:



After a shaky start on Day One with an ill advised Knock Knock joke, Day Two went much better for the defense.

The final witness of the day for the State was Selene Bahadour. She lives in the townhomes complex where the shooting took place.

In her direct examination describing what she saw and heard in the moments before the shooting, she gave testimony about bodies "moving from left to right" behind her back sliding door area. This was only a small part of her entire testimony.

But, as any good trial attorney knows, it can be one little five word phrase that can take a credible witness and end up destroying their credibility and everything they said before and after those five words.

When lead defense attorney Mark O'Mara got up for cross-examination, he was ready for the kill.

O'Mara took the witness through her first statement with the lead homicide investigator and asked her to show him where she described the direction of the persons moving from left to right. Of course, it was not there.

Then O'Mara took her through a second sworn statement and repeated the process. She still could not locate it.

Finally, he took her through the deposition and asked her to locate it. For a third time, she could not.

She did offer that she met the lead investigator for the SAO on the Thursday before her trial testimony of today. They discussed her testimony for court today. Clearly, the implication was that that extra information was suggested to her at that time.

Dela Ronda, the lead ASA got up to rehabilitate the witness. He asked her about getting involved with this case at all and how reluctant she was. He asked her why she did not want to get involved - and suggested it was for fear of getting on national TV. She said that was the reason she did not initially even go to police to discuss what she saw that night and only came forward later at a town hall meeting.

O'Mara was ready once again on re-cross. He immediately pounced on her because she had done a thirty minute national magazine show, the piece never aired, but she was willing to participate in the national interview.

Then he gored the witness. He pulled up his lap top and brought it over to the witness and showed her her FaceBook page. He asked her if she in fact had signed the Change.Org petition that asked the State to "prosecute the killer of our son". She not only signed it but posted it on her FB page and encouraged others to do the same.

This was a great snippet to take to a law school class and show the effective ways to cross-exam a witness.

Captain Out .....

Tuesday, June 25, 2013 5:41:00 PM

CAPTAIN said...

8:07 pm

The amount was not a fine. It was the amount of the cost of the prosecution. That's how they were able to get around any statutory cap.

Cap Out ...

Anonymous said...

Not withstanding the knock, knock joke, these are two very good defense lawyers.

Anonymous said...

I know most of the bailiffs by face , not name.. can you post a pic of Olga Durand?

Anonymous said...

hernandez is a gator. that's all i need to know, to know that he is GUILTY!

Rumpole said...

The cheaters released Aaron Hernandez today.

Anonymous said...

Olga plead to a county ordinance violation, she recieved a withheld adjudication and paid court costs. The $15, 000 was cost recovery which is a ridiculous amount. That amount probably includes the money that the Amarantos kept. The State NP'd all the felonies and another ordinance violatation. It was bullshit case from day one. You think if she'd done anything wrong they would have offered the deal? They have to save face and she cut her losses. Rumpole you should be ashamed of yourself convicting her in your original post. You call yourself a defense lawyer?

Your words:

"I have to disagree 10:22. I think the obvious implication is that the bailiff was getting a cut of the fee. I think to do all that work for the hope she would get a "gift" is farfetched. I think the gift was the final greedy shakedown.
Wednesday, July 18, 2012 10:32:00 PM"

"Bailiffs are county employees. On county tax player time this bailiff was enriching her own pockets. Her actions are indefensible. Your attempt to defend her work and her earning a few is ludicrous.
Thursday, July 19, 2012 6:10:00 AM"

Circle K

Claude Erskine - Browne said...

Rumpole, Old Chap.
How about Congratulations to the Defense Attorney who reduced 3 Felonies to a Misdomeanor and a WithHolding of Adjusication. Yes, costs had to be paid, but that is nessasary for the SAO to save face.
Kudos to Carl

Anonymous said...

Most of these baliffs have side deals.some even hit on defendants wifes when the defendant is in jail. I have seen this occurring and got a judge recused based upon my motion setting forth the inicident.

Rumpole said...

11:59- you don't think this bailiff was running cases and splitting fees with lawyers? Really? I've been in this business over half my life and there isn't a day that goes by in that courthouse that I don't see something shady going on with bondsmen, or bailiffs, or corrections officers. The only thing on the level in that courthouse is the water in the toilet bowls and you're a fool to think otherwise.

Rumpole said...

I stand by my comments. I am ashamed by nothing I wrote and I will offer to pay her 15 k if she takes a poly on whether she ever referred a defendant to a lawyer and then was paid by the lawyer.
Lets go and see who's right.

Anonymous said...

This is not the first time a bailiff got caught. The sentence seem s ok to me. I do have to wonder why the Bar is not investigating. Maybe they are and its confidential???

Anonymous said...

I'm a defense lawyer.

I'm gay.

I'm really proud of the Supreme court right now.

You should be too!

Anonymous said...

Calling the Shumie on Aaron Hernandez and the Patriots and while I'm at it, taking a shumie for myself.

CAPTAIN said...


George Zimmerman Trial ...

Today, star witness Rachel Jeantil, took the stand. She was the last person to speak with Travon Martin, (other than Zimmerman) before he was shot dead.

She was on the cell phone call with him when Martin was confronted by Zimmerman.

For some reason, attorney Don West, (the knock knock joke defense attorney) has the cross of Ms. Jeantil. It is clear that his style is very different from that of co-counsel O'Mara.

West has been cross-examining her for several hours now. Admittedly, the witness is not the most articulate person in the courtroom. But, West has lost his patience and he is being less than effective in his cross, at times. (This witness could make any attorney lose their cool; it's like pulling teeth in there right now).

Like the Opening, where West went on for 3 1/2 hours, (the State's opening was 30 minutes), West does not seem to have a plan for this witness either. You would think he would have had an idea of what points he needed to make, get in, get out and sit down.

He has already pissed off the jury with the knock knock joke. He is not making any friends on the jury with this lengthy cross.

It would also seem that the personality of O'Mara would have been the better way to go here. He has a much softer tone. The witness, understandably, having been the one of the phone with Travon, just before he was killed, is emotional about the whole thing. West comes across as less than sympathetic.

Don't get me wrong, West is getting some of his points out, but it seems like he could have done it in a better way.

Having said all that, the State will need more than this witness if they plan on winning this case.

CAPTAIN said...
This comment has been removed by the author.
Anonymous said...

1:05 Me too!

Anonymous said...

I heard Hernandez hired Alex Michaels to defend him.

Anonymous said...

Robert Luck is your next circuit court judge

CAPTAIN said...

I did not want to post over Rumpole's very important post for Thursday, so maybe he will add this to the post in the morning.




He did not choose Assistant County Attorney Jason Bloch or Judge DJ Cannava or Judge Wendell Graham or Assistant Federal PD Ayana Harris.

He chose a 33 year old AUSA who has been practicing law for eight years. Luck clerked for Federal Judge Ed Carnes of the Eleventh US Court of Appeals. He then worked for Greenberg Traurig for a year before moving to the US Attorneys Office. He has been there since 2006.

Luck is a Gator having attended UF for both Undergrad and Law School.

Captain Out .....

Anonymous said...



Thiago daLuz said...

The bailiffs in our county are all really nice guys. They had a ball at our property once. They've got nice kids, too.

Wayne Parker said...

I was doing research on the carreer of bailiffs. Any suggestions for sources? Thanks for the help!