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Friday, August 23, 2013

PARDON ME

“A people confident in its laws and institutions should not be ashamed of mercy.
Justice Anthony Kennedy, 2003. 

Between 1885 and 1930 Presidents granted over 10,000 petitions for clemency. 

During his 4 1/2 years in office, President Obama has granted 39 out of more than 10,000 petitions for pardons or clemency. 

What happened? 
Mercy became a four letter word. 

35 vs 15.
Bradley Manning was sentenced to 35 years this week for stealing and releasing to Wiki-leaks thousands of classified US government documents. Included in those documents was classified video showing military helicopters shooting at and murdering civilians in two vans, including two journalists from Reuters. 

In 2008 Lt. Michael Behenna was sentenced to 25 years for murdering an unarmed Iraqi man. That sentence was later reduced to 15 years. 

Kill an unarmed man and get 15 years. 
Leak the video of the US military killing unarmed civilians and get 35 years. 

What happened? 
Common sense and justice became catch-phrases and by-products of a corrupt military system turned on its ear. 

GET IT IN WRITING
The Miami Dade SAO showed again why their word is NOT their bond and prosecutors are as trustworthy as those used car dealers that line SW 8th street. 
Judge Migna Sanchez-Llorens denied Cocaine Cowboy hit man Jorge Rivera Ayala's motion to enforce a verbal agreement to assist him in obtaining parole for his cooperation against Cocaine godmother Griselda Blanco. 

From David Ovalle's article in the Herald:

But Assistant State Attorney Penny Brill, head of the office’s legal unit, pointed out in a hearing earlier this month that the plea deal only indicated that prosecutors “might” help Ayala if he cooperated.

Read more here: http://www.miamiherald.com/2013/08/22/3578999/miami-judge-rejects-freedom-for.html#storylink=cpy


No one should feel sorry for Ayala. He is a killer and deserves to spend his life in prison. But we didn't make a deal with him, the SAO did. They're the ones who got into bed with the devil. 

What happened here? A killer got screwed. BFD. 

But for now, the lesson is when you deal with the Dade SAO, never take them at their word. Get it in writing. 

See you in court. 


10 comments:

Anonymous said...

but where was the consideration? Blanco was never later apprehended following his cooperation. She was gunned down. So why does he get credit for it, oral agreement or not?

Anonymous said...

There is no doubt the Miami-Dade has a culture of dishonesty and underhandedness. There are some great and honorable ASA's there, to be sure, but they are the exception and not the rule.

And, the majority of the SAO will remain underhanded and dishonest as long as Kathy is there, because she endorses that behavior at every opportunity.

Anonymous said...

11:07 AM: if there was such a culture of underhanded and dishonest prosecution at the SAO, why doe all defense attorneys kiss the ring of KFR? Sure there are some renegade prosecutors there but try dealing with ASAs in other parts of the state. I would take KFR's people over them any day of the week. Also, "Rumpole" (whoever is wearing that name tag today), the case you cite in your post, which was handled long ago by people who are no longer prosecutors hardly proves the point that dade asa's are unethical.

Anonymous said...

Band is as unethical as they come.He is one slimly guy who walks around with that smirk always on his face.

Anonymous said...

I have never had the SAO refuse to live up to a promise.

Anonymous said...

You're right, military justice didn't work. Both of those jerks should have gotten the max.

Anonymous said...

All prosecutors all liars, all defense value money over truth, blah, blah, blah.

There's plenty of good and bad everywhere. Half of the top defense attorneys were prosecutors before switching sides. Give me a break. People are who they are and there is good and bad everywhere.

BTDT

Anonymous said...

There is a noticeable difference between this generation of prosecutors for whom the mantra "my supervisor says I can't" is all they chant, and the prior generation of prosecutors whose word was their bond.

When someone like Phil Maniatty or Bill McGhee or Fred Kerstein or Howie Pohl or Bill Howell or Reid Ruben tell you something you can bank on it. But that is because they come from a different era. When a current prosecutor says something it's subject to change a dozen or more times as the decision winds it way through the maze and bureaucracy of the SAO.

Anonymous said...

1107 you are truly a retard. go up to broward and see how ethical those ASA's are. go deal with other offices.

Anonymous said...

11:07 here.

To 11:59, you make a very valid point. The private defense bar does a lot of ass kissing to Kathy and her minions and are partly responsible for the culture by not challenging it enough.

To 5:06, Saying that the Miami SAO is better than the Broward SAO is like saying Yemen is more progressive than Afghanistan because Yemen will only shoot women not covering their faces once. Congratulations. Nicely played.

I have dealt with SAO's all over Florida and all over the country, as a matter of fact. Broward is the worst, Miami ain't that far behind.

But,again,congratulations to you for totally failing to make a point. The SAO must be very proud of you.