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Tuesday, October 22, 2013

TRACY MOURNING CLOSE OUT MEMO

Attached is the close-out memo of the SAO which dropped the DUI charges against former Miami Heat star Alonzo Mourning's wife. 
We'll leave it to the DUI mavens to debate the particulars of the case. This is way outside of our milieu.
The question is whether this case, with conflicting evidence at best, was treated like the hundreds (thousands?) of other DUIs that were similarly situated? Over the past decades we've tried a few DUIs to jury with facts much worse than this for the state and  the schlepper ASA in court always had the same mournful song:"My supervisor won't let me do anything other than try the case." So, is this case different? A more reasonable officer? A new attitude at the SAO? 


33 comments:

Anonymous said...

No big deal - fair result. Mansfield is fair and reasonable. Clearly Closius was okay with it or it would not have happened.

System working the way it is supposed to. Deserving family that helps the community to boot.

Anonymous said...

Is this is the writing of a LAWYER or of a sixth grader??

Real Fake Former Judge said...

Every blog post should start with the Star Wars scroll. It was the best ever.

Anonymous said...

Looks like someone paid someone off to get that result.

Closius is horrible and never agrees to any deals.

I smell a rat.

Anonymous said...

Closius be court side this season !

Anonymous said...

Go Canes ! Jay weaver got it wrong again . Weaver is pals with scum Shapiro . Hahahaha . One has 17 years of hard time to go and the other has no credibility.

Anonymous said...

Much more importantly............the NCAA can kiss my ass!

CANE MUTINY 2013

BTDT

Anonymous said...

Very fair result. Mansfield should be appaulded not critized for doing the right thing. He should now continue to do the right thing in all similar cases involving regular citizens who don't have the big bucks to hire high priced attorneys. If he doesn't, that's when he should be critized.

Anonymous said...

Mansfield was my DC at the State a few years ago. He is a very good prosecutor and a reasonable person who has balls to do the right thing. He is not afraid to get rid of a case if he doesn't beleive he can prove it. Wish more ASAs were like him.

MC Waste Services, Inc said...

at the bottom of each page you are directed by the state attorney's office to "please recycle."

the trialmaster said...

Lets call it like it is. Rundle and Tracy have attended numerous social and charitable events together over the years. Because of their relationship Tracy got a pass in having the charges reduced. Their is no reasonable doubt that Tracy received preferable treatment because of who she is,and who the husband is.

Anonymous said...

Same attorney for Stallworth and Mourning. Lyons must have the states playbook for this one. Whats up with that???

Anonymous said...

I thought Mansfield was a TRIAL ATTORNEY. Apparently, he is just a trial dodger. Tsk tsk

Anonymous said...

I was a CLE in County Court many years ago. The prosecutor that I was assigned to routinely offered these types of pleas to all first time offenders.

I don't remember all of the terms of the pleas but it was generally a reduction to reckless driving, DUI course, a donation to MADD, and something else.

I remember the reckless driving part clearly because he would have me review the Defendants' records and if any of them had a reckless driving charge I would have to flag it because he said that could be a sign of a previous DUI plea.

I can tell you that we never did close out memos on any of those cases. If anything is different in this case it's that it's a high profile person and they had to do a close out memo. In my limited experience this was the norm.

Anonymous said...

Definitely 6th grader. How about a proper articulation of the reasonable doubt standard? Yes it was a fair result, but how much time did that nimrod spend "investigating" and writing that drivel? I wonder if the DUI defendants in jail division would appreciate the state conducting an investigation to see if the road was winding before they were pulled over. Let's call this what it is: the state doing anything they can to justify breaking down a case that would embarrass them and subject the police department to a whirlwind of *ish.

Anonymous said...

Breaking News:

GOLD, MARK (Ticket Clinic Monkey)
Jail Number: 130066271 is at
Turner Guilford Knight Correctional Center

Case Number: F13024949
Charge: BATTERY/DOMESTIC/BY STRANGULATION


Anonymous said...


to 1:32 PM

Feel better now.

A-Hole.

Anonymous said...

I've defended/battled many Closius cases and in almost every instance, once the case was in court he did not get involved in authorizing pleas or breakdowns. He always left it up to the State. He's a stand up guy

Anonymous said...

Posting someone's jail # and arrest info only because they are a lawyer is the work of a coward

Anonymous said...

Gold pics are pretty bad. She did a number on him

Anonymous said...

http://miami.cbslocal.com/2013/10/23/founder-of-ticket-clinic-arrested-for-domestic-battery/

Anonymous said...

All that glitters is not Gold.

Anonymous said...

To the guy who thinks Officer Closius is a "stand up guy" I must ask you what planet you are from?

I have never seen him agree to anything other than a DUI conviction. He doesn't care about the sentence, he just wants a conviction on every case.

Once he testifies before a jury, the defense wins. Juries hate him because he is super stubborn and unwilling to give any admission that anything is wrong with his case.

Me, I have no personal bad feelings about him other than he is about the most pig headed cop I have ever met. No deal no mater what is his middle name.

Anonymous said...

How did the Miami Beach police decide to charge gold as the batterer when he looks like the batteree?

Anonymous said...

@ 5:09

Marc Gold is not "just a lawyer." He plasters himself on every sign, billboard and tv ad he can. His more embarrassing strip club lawsuit was also in the news and the Herald. His arrest today was reported on local tv news as well.

If he hadn't made himself into some quasi local celebrity, nobody would give a shit. Live by the sword, die by the sword.

Anonymous said...

Domestic violence is the work of a coward. Once again, in the news regarding his treatment of women.

Anonymous said...

815..........You're right about Rick being rigid as hell. But, as anyone who has ever had a case with him or gotten to know him can attest, he is a straight shooter who values integrity, honor, and public service above all else. While I often disagree with his positions, I respect him and his honesty. I never have to worry that he'll distort the facts, etc., to improve his case (in this case he noted that Ms. Mourning did well on two of the sobriety tests!).

Rick wants convictions because he thinks they matter. Yes, he sometimes misses the forest for the trees, but........ I wish all of our public servants cared as much about their work as he does.

Regardless.......Is it really so wrong for him to want convictions? Would you rather that he didn't care? I don't know about you, but I live and work in South Florida and want the officers to do their jobs (especially since I'm paying so much in damn taxes to employ them!).

This stuff isn't personal to you. No reason to bash the guy for wanting to do a good job. We all stand up and fight in court each and every day. Nothing wrong with that.

BTDT

Anonymous said...

Mark Gold!?!

Isn't that the "lawyer" who declares his fellow lawyers to be "monkeys" and has an actual monkey with him on TV.

But then when he gets what he deserves we should all be hush hush???

Anonymous said...

Former ASA here:

I met with Mansfield and his Assistant Chiefs at the SAO recently to discuss resolving a worse case than Mourning's.(My client was a regular schlub) Joe is a good advocate for the State and will listen to mitigation offered by the defense in a fair and reasonable manner. He's a credit to that office.

As far as dodging trials, before becoming County Court Chief, the guy tried more high level cases than most defense attorneys.

Anonymous said...

No more Lyons AND Lurvey?

Anonymous said...

10:42- you sound like a prosecutor. Just because one gets arrested for DV doesn't mean he actually committed the crime.

If I had connections to KFR said...

Mansfield is a good guy. Let's call this for what it is, the closeout memo reads like 8 out of 10 DUI arrests with a refusal. Any regular 30k a year citizen would likely have to go through the system with ASAs saying "sorry, we're not breaking it down" or "we're not going to drop it, BOT is available." The difference here is that Mourning has connections and our 30k a year clients do not. It's life. Mansfield's a fair guy, there's no need to knock him.

As for Mark Gold: fu ck that guy. His ticket clinic commercials are a joke. He makes it sound as if he actually appears in court (he does not) or as if his lawyers actually fight to beat the ticket (they do not).

Lastly regarding the CANES: message to the college football world, OH WE COMIN

Anonymous said...

Rick Closius is a fair cop. If you blow a .05 he usually gives you a PTA. Also, he recognizes when his cases are not slam dunks. As for Mansfield, how can you call a guy who was a division chief and tried homicide cases a trial dodger? He is the chief of county court, he doesn't try cases anymore.