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. THIS BLOG HAS BEEN CALLED "THE DEFINITIVE BLOG ON MIAMI CRIMINAL LAW" BY THE NY TIMES, THE WASHINGTON POST, THE POPE, AND DONALD TRUMP WHO ALSO ONCE SAID IT WAS "REALLY GREAT". POST YOUR COMMENTS, OR SEND RUMPOLE A PRIVATE EMAIL AT HOWARDROARK21@GMAIL.COM

Friday, July 26, 2013

BOMA-YE !

Spence-Jones Can't Run: In case you missed it, the 3rd DCA slammed the door shut on City Of Miami Commissioner Michelle Spence- Jones ability to run for a third term. The decision is here. 
The precedent is this:  "When you are elected for a second term as a city of Miami Commissioner, suspended because you are facing criminal charges, then win a special election to fill your own seat, then suspended again, then acquitted of the criminal charges (Down goes Frazier! Down goes Richard Scruggs!)  and then re-instated, you have served as full a term as defined, and cannot run for a third term under the pretense that you did not get a full second term. "

It's easy if you take a deep breath before you say it. 
There's also this- you get your emoluments. Really. No fooling. The decision says so: 

"She received full back pay and the emoluments and allowances for the period of her suspension."

Who's In Trial? 
Thankfully not us. It's too damn hot to work. 
But ASA Gail Levine and defense attorney Charles White are battling over the case where defendant Michael Robertson is accused of attempting to kill Miami Dade Detective Carlos Castillo by hitting him with a cinder block thrown from a building and then running over his body with a car. It's a miracle that Detective Castillo survived. We often don't remember just how dangerous the job of police officer is. 

David Ovalle is happy to be back in Miami and covering trials after his Zimmerman experience. You can follow Ovalle's coverage of the trial on twitter @davidovalle305.


I missed local crim court. Only in does judge make sure jurors are comfy, ask if they need stretch break or a shot of Cuban coffee.


You can follow all of our witty thoughts @justicebuilding and speaking of secret twitterers (?) everybody wants to know who's behind the twitter handle  @draculawyer

In case you missed the beat-down of Scruggs by Spence-Jones, here is the forerunner to that knockout:




Down Goes Frazier! And suffice to say Frazier was beaten so bad he never got all his emoluments back. Foreman looked unbeatable. Until the Rumble in the Jungle....Kinshasa, Zaire, October 30, 1974, when the phrase "Ali boma ye" entered the sports lexicon for the ages.

See you in court.  Spence-Jones boma-ye!

12 comments:

MC Waste Services, Inc said...

http://www.miamiherald.com/2013/07/25/3522434/widow-of-cyclist-aaron-cohen-gives.html on why judge william thomas doesnt deserve a federal position

Rumpole said...

When Ali fought Foreman in Zaire, Foreman was the champ (having destroyed Frazier) and thus entitled to enter the ring last. Ali came in first and warmed up and the decidedly pro-Ali crowd began to chant ALI-BOMA-YE which means "Ali, kill him". In his biography Ali gives credit to the crowd for his win.

Anonymous said...

Like so many jurors who find defendants not guilty, when they have a "gut feeling" that the defendant was guilty, and expressing their desire to find the defendant guilty of "something", this juror held fast to her belief that they reached the correct verdict under the law. Criticisms of her, by those who are unhappy with the verdict, that she should "held out" are misplaced and lack a true understanding of why we have juror deliberations and verdicts are to be unanimous. In the case of the Martin family's attorney, his criticisms are disingenuous at best. He understands that even if she had held out for a while, and the jury reported they were deadlocked, the judge would have read the jury an "Allen" charge, which instructs them to not become fixed in their opinions and positions and to consider the opinions of their fellow jurors. In essence to consider that they may be wrong. In the end, a single hold- out can rarely stand up to the opinions of the other jurors, unless they have a deep and abiding conviction of the defendant's guilt under the law. In actuality, that is how the system is supposed to work.

Lastly, one can not discount the weight of the immense public reaction to the verdict upon her. She is new to the Sanford area, has 8 children who must live there, and I am sure she knows that her identity would eventually be known. There may be a certain desire to mitigate the future effects of her verdict, and to have the public "forgive" her for the verdict.

Anonymous said...

Spence-Jones attorney Peter Raben was brilliant. He has to be the most underated great lawyer in the country. The man has had a number of monumental victories,Spence-Jones probably the least of them. Peter is as good or better than anyone.

Rumpole said...

Well said and I heartily agree.

Anonymous said...

What does it mean when ZZ TOP sings that they have to install some custom kitchens and microwaves? Confused.

Anonymous said...

1208 if you ask peter he will tell you the same thing

I want my MTV said...

That's from Dire Straits "Money for Nothing".

Lamenting on the plight of the blue collar worker while they make money just for playing music.

Incidentally, it was the first video ever played on MTV Europe in 1987.

Anonymous said...



12:08. You are the slime that unfortunately exists in society today. You sir can best be described as that disgusting vile scum that when one steps into it on the street, instead of cleaning their shoes off, they just throw the shoes away.

You clearly have no self esteem and absolutely no class.

Anonymous said...


Excuse me Rumpole. That last comment was meant for 9:42 am who was responding to 12:08. Thank you.

Peter said...

Thanks. Only took two shutouts to get a hater. Probably not a record on this blog, right? Hope that wasn't you, Dave.Mom will be pissed.

Anonymous said...

I still don't get it. Money is for nothing? How so? Chicks for free? Where?
Who install microwave ovens? Is that a real job? Aren't they mostly countertops?
And there's a homophobic lyric to boot. Who approves of that?