Thursday, July 11, 2013

BWB

Your City of Miami Police Department (Motto: "He fell down...a lot...that's how he broke his nose") "engaged in a pattern of excessive force that  led to a high number of shootings by officers...that resulted in the deaths of seven young black men over an eight-month period in 2011."  So found a Justice Department study according to the NY Times here. 

"The findings, released on Tuesday, came after a two-year investigation by the Justice Department’s civil rights division, and they identified “troubling” practices, including delays in completing investigations of officer-involved shootings, questionable police tactics and a lack of adequate supervision. From 2008 to 2011, officers intentionally fired their weapons at people 33 times, the investigation found."
"The Justice Department noted that its own investigation would have been completed sooner if not for the Police Department’s “frequent inability to produce necessary documents in a timely fashion.
Rumpole notes:  Sort of explains why we can never get a police report in discovery. 
But Miami doesn't have bragging rights all to itself. The JAA Broward blog reports that Broward PD Howard Finklestein called Broward SAO Mike Satz....(steady now) a racist, and the chief law enforcement officer overseeing racist police departments. Those accusations were based on this ACLU report.
Finklestein wrote this letter to Satz in which he noted that the ACLU report found that in 2010 Broward ranked 18th in the nation  for racial disparity in Marijuana Arrests (it is rumoured Satz immediately demanded to know why Broward was not ranked higher) and that African-Americans in Broward are 3.7 times more likely to be arrested for marijuana possession than white residents of Broward. 
So there you have it. The City of Miami shoots people recklessly and then covers it up, and Broweird arrests and prosecutes  you for BWB (Breathing While Black).
For shame!
See You In Court. 

Next up: Judge Emas and minimum mandatory sentences: a hero emerges. 

33 comments:

Anonymous said...

Rumpole - why would Don West object and fight with the judge when she was asking Zimmerman whether he wanted to testify?

Is that not standard practice in all criminal trials where the judge will directly colloquy the defendant as to whether or not they want to testify?

Rumpole said...

I'm with West on this. I don't want the judge questioning my client if he agrees with my decisions. If the judge can ask about my decision not to testify why shouldn't they inquire of my client every time I decide not to question a witness? Or for that matter ask my client if he liked my cross. I know it's common practice but I don't see a rule or law that requires the defense to respond to the judge's inquiry.

Anonymous said...

Simple... Judges are tired of clients filing a rule 3.850 and later saying they didn't testify cuz their lawyer told them not to.

Judges should make sure the client knows he or she has a right to testify but, should not ask what was said between lawyer and client.

I had a judge once say..."you can't come back later and say I should have testified and this is your choice, not your lawyer's choice....would you like to take a few minutes more to discuss this privately with your lawyer?" I thought that was proper.

That being said, that Zimmerman judge is a real total jerk. She's rude and mean and cuts off the lawyers way too often. She obviously hates defense lawyers. Kinda like Butchko, Tunis, Scola, Brennan. She simply says "sit down" when the lawyers are trying to make a record and sometimes walks out when they are talking.

Anonymous said...

That is a great letter he wrote to Satz

Anonymous said...

Last I checked, the cops make the arrests, not the prosecutors.

Anonymous said...

Anyone know the phone number of Rick Freedman? If so please list it as I need to chat with him. Thanks

CAPTAIN said...



THE CAPTAIN REPORTS:

Closing Arguments have begun ....

Bernie De La Rionda has begun his Closing Argument. Roy Black would be proud. He did not open by thanking the jury. He opened strong.

Cap Out .....

Anonymous said...

De La Rionda is talking in circles like a county court prosecutor.

Anonymous said...

Good to say that Help Me Howard is grandstanding again. Been boring without him.

CAPTAIN said...


The Captain Reports:

29 minutes into his Closing, ASA first thanks the jurors. Weaves it in to his closing.

He started off strong but last twenty minutes he has hop scotched all over the place. Not a lot of clear direction.

Cap Out .....
Cap999bob@aol.com

CAPTAIN said...


For such a high profile trial, one where they had set up a lottery for watching Closing Arguments, surpringly, I had no problem getting a seat in the courtroom, and there are several seats in the rear of the courtroom that are empty.

Cap Out .....

CAPTAIN said...


George Zimmerman father in court for the first time as he was a listed witness and under Rule of Sequestration.

Bernie just asked for a break. We have been going for just over one hour.

Cap

CAPTAIN said...



Knock Knock

Who's There

Burn

Burn Who

Burn-ie, the Bald Headed White Guy De La Rionda, who wants you to find the Defendant George Zimmerman Guilty.

Anonymous said...

Knock knock
Who's there?
Shumie
Shumie who?

Text Shumie to 44320 if you think the prosecution will get the shunie or
Text Shunie to 44321 if you think George Zimmerman is going to be Shumied by the jury.

Standard text rates apply.
Shumie social media enterprises LLM.

Anonymous said...


You can get in touch with Rick Freedman at his email address at rickfreedmanlaw@aol.com or his office is 954-442-2222.

Anonymous said...

The court informs the Defendant that he has a right to remain silent.

There is nothing to prevent him from remaining mute, just as a defendant may do at arraignment.

What could the judge possibly do?

Anonymous said...

As to BWB in Broward...I was visiting my sister in Weston and left her house at 10:30pm...was pulled over. When asked why, I was told I was "driving with out of state plates in a residential neighborhood" (wtf!) I asked the cop if there has been a high incident of crimes by persons driving with out of state plates in residential neighborhoods. I think he called me a smarta$$ and let me go :-)

Anonymous said...

We begin with the proposition that a defendant has the ultimate authority to plead guilty/not guilty, waive a jury, testify on his own behalf, and take an appeal. Generally, all other decisions are vested in the professional judgment of counsel and considered matters of strategy. See Florida v. Nixon, 543 U. S. 175, 187 (2004). Therefore, the court has the authority (indeed the obligation) to ensure a defendant is making these decisions in a knowing and voluntary manner. In fact, the Florida Supreme Court in Nixon v. Florida, 758 So. 2d 618, 625 (Fla. 2000) (the portion of the opinion not reversed by the USSC) approved and encouraged trial judges to engage a defendant in a colloquy and make a proper record of the defendant's knowing, intelligent and voluntary decision. Of course, if counsel advises the client not to answer (which is rare given that it is done, at least in part, to protect against a postconviction claim of ineffective assistance) the court may continue advising the defendant on the record that the decision is ultimately his and his alone; that no one (not even his attorney) can make the decision for him; that the court is prepared to answer any questions the defendant may have regarding his right to testify; and that, if the defendant does not wish to ask any questIons, the court will assume the defendant has had sufficient time to discuss this with his attorney and is making this decision knowingly and voluntarily.

Anonymous said...

Here you go Rumpole, while not in the REGJB, someone is using the Third Amendment.

Residents in Henderson, Nev., filed a federal lawsuit saying police entered their family's two homes without warrants and without permission in order to gain tactical advantage of a neighboring domestic dispute.

http://www.abajournal.com/news/article/3rd_amendment_suit_filed_after_family_says_police_occupied_their_homes/?utm_source=maestro&utm_medium=email&utm_campaign=weekly_email

CAPTAIN said...



THE CAPTAIN REPORTS:

O'MARA CLOSING ARGUMENT .....

Mark has been speaking for thirty minutes. It is slow, methodical, the opposite of BDLR in every way. He is using the Reasonable Doubt charts that many of us use in our Closings. He has a separate Self Defense Chart to explain the Reasonable Doubt of Self Defense.

And then he takes on a huge load. He tells us that despite not having to do so, he will prove Zimmerman's absolute innocence.

CAPTAIN said...


The Captain Reports;:

TICK TOCK .....

O'Mara has asked them to just do nothing for several minutes and he sat down and the clock is ticking and ticking and ticking and nothing is happening in court right now. Total silence. He is trying the make the point between two times in the history of the incident. A gap of several minutes Four minutes. Trayvon Martin had four minutes to run. Four minutes to leave the area from when Geroge first saw him. To the time of the face to face encounter. There was four minutes of silence in the courtroom.

CAPTAIN said...


O'Mara has asked for a break. He has spoken for nearly half his time. Fifteen minute break and we are back.

So far so good. The Reasonable Doubt Thermometer and the Self Defense Thermometer were very effective. And now he is weaving the facts in the case methodically into those doubts.

It is such a contrast to BDLR. The ASA used words like maybe, could have been this way, and you figure it out. O'Mara tells them that what they should have been telling you this IS the way it Happened.

He also showed the Video Animation that the Judge finally agreed to let him use for Demonstrative purposes. Of course, as fate would have it, the computer animation did not work for a good minute and you could just feel how pissed O'Mara was until he finally got it to work. We have all been there and we have all been told, don't use anything electronics in court for the first time. Make sure you have tried it outside of court a few times so you are confident that it will work for you.

CAPTAIN said...


O'Mara is back on.

Four minutes. Martin had four minutes to go home. But instead of going home. He stayed around during that time and confronted Zimmerman. O'Mara is turning the case around. Putting this on TM.

TM brought this encounter on.

He is now dealing with screaming on tape. And who was screaming.

Anonymous said...

Shumie time for the state. They got shumied.

CAPTAIN said...


THE CAPTAIN REPORTS:

What is your job. Did George Zimmerman act in self defense? Do you have a reasonable doubt because they have to convince you beyond a reasonable doubt that he didn't. And that is the only thing you have to do. And after you answer that obvious question, which is of course he acted in self defense, your job is done.

Quite surprised that there was no passion. Very very little undulation in his voice. He was very folksy. That clearly was his intention.

O'MARA wraps up his Closing Argument by thanking the jury for their time. . Short break. And one hour of ASA McDreamy John Guy to follow. Not sure whether she will charge and then send them to lunch. Or send them to unch and bring them back and charge.

Deliberations should begin by 2:30.

Cap Out .....

Anonymous said...

Can we give "Shumie" a rest?

If you want to use it to promote your cigar business, that's one thing, but it's really inappropropriate when you're throwing it into a murder case. Knock it off.

Anonymous said...

Why Does This Captain Idiot Think Anyone Would FOllow Him On ThIs Blog Over Simply Watching The ClosingS Themselves?

CAPTAIN said...


The Captain Reports:

John Guy powerful in his Closing Rebuttal ....

You may have a problem with this Guy's looks, but you can't argue with his style as a speaker. He is very strong and passionate with his words.

No yelling but no folksy talk either. Strong powerful inflection of voice. This case is all about the Heart. The heart of a young boy and the heart of a man. And he goes on to discuss what is in the heart of TM and what is in the heart of GZ.

Pointing out all of the lies and inconsistencies that were told by GZ. This case is not about STANDING YOUR GROUND it's about STAYING IN YOUR CAR.

Your verdict is not going to bring TM BACK, but it will forever define what happened that night.


CAP OUT ....
captain4jusrice@gmail.com

CAPTAIN said...



THE CAPTAIN REPORTS:

Verdict Watch begins at 2:29 PM .....

CAP OUT .....

Anonymous said...

4:24--thanks for the address and phone number.

Anonymous said...

Gotta disagree. If I was GZ i would shumie to Bolivia while the jury is deliberating.

Anonymous said...

NOT GUILTY

Anonymous said...

Do a Westlaw search and you will see how much of a hero Judge Emas is for the defense and criminal defendants. He has voted to reverse very few cases for new trials on crminal cases since he has been on the 3rd DCA.

He might vote to reverse if the trial court does not attach portions of the record after an appeal from denial of a 3.850.

But if an ASA commits misconduct in closing argument watch him look the other way.

In short, he has diligently worked to distance himself from the days when he was a criminal defense lawyer and assistant public defender.