JUSTICE BUILDING BLOG

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. POST YOUR COMMENTS, OR SEND RUMPOLE A PRIVATE EMAIL AT HOWARDROARK21@GMAIL.COM. Winner of the prestigious Cushing Left Anterior Descending Artery Award.

Friday, December 06, 2013

MIAMI GARDENS COPS GET A PASS

The Miami Dade State Attorneys Office (Motto: "nolle prosse unless you're poor or black") has declined to prosecute any officers from the Miami Gardens Police Department for their activities in harassing a Quikstop convenience stores customers and employees. 

There is at least one federal civil rights lawsuit already filed against Miami Gardens. But the SAO never let videotaped evidence stand in the way of giving a police officer a pass. In this case, it's most of the Miami Gardens Department. 

Here's the CBS channel 4 story. 





21 comments:

Affraid of the List Serve said...

I believe Thomas is qualified and the only things I have heard about Thomas are good - except two sentencings.

1) It is not okay for a judge to cry on the bench (regardless of why he is crying) - but it should not disqualify him;

2) He handed down an unbelievably weak sentence to a killer in the bicyclist case - that is reason for the family and friends of the man to come forward and protest his appointment. If Rubio thinks it is enough, the process we now have, permits him to hold up the nomination.

Many people believe it is because of Thomas' sexuality - perhaps it is, but it is dishonest to say that it must be.

The real problem is that the politics of the appointment are so vitriolic (anit-gay, anti-black, weak sentencer, etc.) that any hearing on the matter would only turn into a public lashing of those who oppose/support the nomination. No democrat or republican politician would want to deal with that.

I personally would be fine if Thomas went up, but the thing that sits a little uneasy with me is the "support" that Thomas has been drawing. It has been ill advised, and should have been done in a more mature and calculated manner.

Now, the nomination has been put in Rubio's hands. If Rubio consents, then he is the guy who let a crying/weak sentencing judge (true or not) onto the bench and Rubio's ability to exercise his prerogative vis a vis judicial nominations from Florida would be severely undermined (not to mention the harm to his support from the hateful far right).

The second problem is that seeing what has happened, even if Rubio is voted out, no future president would want to step into the fray and re-nominate Thomas.

The nomination is dead.

Anonymous said...

Thomas should go into private practice.

Anonymous said...

Dear Rumpole,
It has been quite some time since I have submitted a comment on this blog. There is a growing issue however, that I feel compelled to speak out about. I vividly remember the days when I could proudly and happily state that the judges on the criminal court bench in Dade county were the best around. Our judges were experienced, fair and had great perspective. They made decisions based upon the law and their experience, with no regard for the potential political ramifications of their rulings. It is with great sadness and regret that I must report the fact that these days are OVER! With very few exceptions, the criminal bench is currently polluted with judges who lack the fortitude to make the difficult decisions that their jobs, by definition, require. In the nearly 20 years that I have walked the halls at the MJB, I have never seen a group of judges this young, this inexperienced and this unwilling to make a decision that could subject them to criticism. Judges used to be older members of the bar, who after many years of practicing law, were prepared to use their vast knowledge and experience to give something back to the community. They were almost always taking huge pay cuts to accept a position on the bench. Their age, experience and financial security allowed them to make decisions based solely on the law. They were impervious to the pressures and considerations which appear to cloud the decisions of so many judges today. Why release a defendant on bond (even if all of the relevant legal considerations dictate that you should) when the safe decision is to keep him in jail? The Herald can't right an article about the defendant that you released or were to easy on if you don't release anyone and never get involved in plea negotiations. Am I the only one who remembers judges going into chambers after the first call of the calendar with all of the attorneys and working out all of the cases that should have been worked out? No wonder we have so many judges now with huge case audits! Ok, I am done venting. Time to pour a drink....

Anonymous said...

If you think Dade is weak on prosecuting cops, go to Broward.

They simply think cops can lie, cheat and steal and never get prosecuted.

Secret Judge said...

8:43 PM is the best and most accurate post I have ever read on the BLOG. The little girls club has taken over the judiciary. Congratulations are in order.

Anonymous said...

Your first sentence is outrageous, inaccurate, and extremely offensive to the MANY assistants in that office who work tirelessly to do the right thing. To the extent you view yourself as a journalist, rather than an unaccountable anonymous blogger, you should be embarrassed. With one parenthetical you have portrayed all the hard working and honest young prosecutors in that office as unethical, classist, and racist. Even if written sardonically, it is inappropriate and I am embarrassed for you.

DS said...

Much was resolved when we all went back into chambers after first call of calendar and talked about our cases off the record.

Anonymous said...

8 to 5 does not make you hardworking

Anonymous said...

That first sentence in the post is an abomination. The Miami-Dade SAO is far fairer (some would say softer) than any of the other offices in the state. The office has always treated minority defendants extremely well. Janet Reno and Kathy Rundle have created numerous diversion and other programs that help defendants and did so long before they were fashionable. The sentences imposed in Miami are FAR lower than they are everywhere else..

Janet and Kathy also were (and, in Kathy's case, are) quick to promote prosecutors from a variety of minority communities, including women, Jews, blacks, Hispanics, homosexuals, etc. Casting the office and its prosecutors as racist is not only factually inaccurate, but grossly unfair. I would think you'd be above that kind of crap, even in a stupid throw away comment.

BTDT

Fake fake DS said...

Really 1:49?
The Video evidence alone is proof beyond a Reasonable doubt of Police Misconduct in the Gardens

Anonymous said...

Rumpole is a muck raker. He is raking muck.
Plus if you've been following the FACDL listserv you saw Bletcher make a shumie time comment which means he's outed himself as the annoying dope behind those juvenile comments. I hope Shumie eggs his office.

Anonymous said...

rumpole

give em some bread and hit em in da head. keep up the good work.

i saw you in tampa yesterday and you iced me. i was in black shades on my way to meet the boss.






Real Former Judge said...

Congratulations to Mr. Kenny W.

The Sawitz family, owners of Joe's Stone Crab, just released their press release that our own Kenny W. is their choice to replace Eddie as the Maitre'D.

To all those who have interacted with Kenny at the MJB over the years or knew him growing up in Tampa know that he takes care of his own. Those Judges who have crossed him or not read his extensive briefs ... be prepared to wait for a table for many hours!

Don't worry Judge Stan Blake, "Bones" will always take care of you and seat you quickly....

We are all so proud of you son. What brand tuxedo shall you be donning? How deep will your custom made pockets be to hold those vast tips.....

I say Armani....just like Clooney.

Anonymous said...

I happen to know that Tannebaum posts the Shumie Time comments. Shumie pays him.

DS said...

Kenny I would love a part-time job supplementing my D $. I have worked in many a restaurant, on the floor and behind the line.
Can I be you assistant maƮtre de ?

Anonymous said...

Blecher is a blue belt in shotokan karate. Shumie eggs his office at his own peril.

Don Corleone said...

Blecher could have never out fought Santino

Anonymous said...

In the immortal words of Warren Oates in Stripes, "Lighten up Francis." The crack directed at the SAO is just good natured ribbing directed at a thorny situation. Would we as defense attorneys like more scrutiny of police actions-of course, but at the end of the day everyone is doing their job.

Rumpole said...

I emailed survivor pool players my pick: Steelers.
I cannot post comments about how fat someone is. Truthful or not.

Kissimmee Kid said...

"Unethical, classist, and racist," the three requirements for success at the State Attorney's office. Just look at the history of Florida, racism is our middle name. Who but a racist would be a racist's lawyer?

Anonymous said...

The videos are doctored but you speak as if they are true. The Quick-Stop owner is a criminal and so are many of his patrons. The SAO did not see anything wrong with the videos because there was nothing wrong. All you see is someone being placed under arrest. What happened before the arrest. You don't know, do you? Ali accomplished just what he wanted. That is for the black community which he cares nothing about to be outraged; yet he continues to conduct his illegal activity at the store.