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

Wednesday, February 12, 2014

ANOTHER DEATH WATCH

Juan Carlos Chavez is next up for grist of the mill in Florida's death machinery. 
Infamous for perpetrating the tragic and horrific sexual assault and murder of Jimmy Ryce, a young nine year old boy, Chavez's case evokes no sympathy for the defendant. 

And yet, isn't our Constitution tested by the awful cases at the edge? 
Don't we want to be judged by the humanity we show to those who deserve none? Because surely if we can treat a person who committed such an unspeakable crime with fairness and provide him the due process the Constitution requires, then we can all feel secure that in less horrible cases the system will work. 

Unusual fact: As was pointed out to us yesterday, Chavez's appointed post conviction lawyer screwed up and missed the federal habeas deadline. When a new lawyer was appointed and filed a 2254 petition, it was dismissed as untimely. And since that ruling, Chavez has NEVER had an evidentiary hearing on his federal post conviction claims. 

This is the "machinery of death" that Justice Blackmun said he would no longer tinker with. 

Chavez is set to be executed tonight at six pm in Starke. 

Rest in Peace Jimmy Ryce.


33 comments:

Anonymous said...

Chavez deserves death and what makes it all the more appropriate is that he wants to live. This country needs capital punishment to deal with the worst of the worst. This guy fits the bill. Hang em. Hang em high.

Anonymous said...

I'm okay with it.

Rumpole said...

And such mob mentality is why we need the constitution.

Anonymous said...

That's not mob mentality. He was tried and convicted and lost his appeal to the fl supreme court. He had a lawyer who concentrated on his case to the exclusion of all other cases for 6 years and he had a fair judge. this has been going on for 20 fucking years. Get a grip rumpole.

the trialmaster said...

I would like to execute Chavez in the same manner he killed Jimmy. I would like this bastard to suffer on his way to hell....

Anonymous said...

Rumpole,

I'm personally opposed to the death penalty, but the death penalty is practically written directly into the language of the Constitution. See, for example, the Due Process Clause of the Fourteenth Amendment, which clearly contemplates that "life" may be taken away so long as due process is given (whatever due process, a vague term, may mean).

Justice Blackman, to be frank, was a subpar justice. It may seem kind of nobel for a justice later in his or her career to say no more to the death penalty (Stevens did it too). But, because such a stand is irreconcilable with the plain language of the Constitution, such a stand loses its appeal on close scrutiny, and almost seems un-judge like.

Anonymous said...

Rump this guy has had more due process than he should be allowed on the back of taxpayers. He confessed voluntarily and the boys bookbag was found in his trailer. You are going to split hairs over a fed HC deadline? Give me a damn break Rump. Not a big death penalty supporter, but, if ever there was a fact pattern to support the death penalty, surely this is it. Signing the warrant on this one is one of the few things rick scott got right as governor.

Anonymous said...

Rumpole, I agree we need the constitution in light of the tendency of individuals to adopt a mob mentality rather quickly, but can you point to any violation of Chavez's constitutional rights involving this case?

Anonymous said...

you mean the same constitution that refers expressly to "capital" offenses?? don't cry rump, he got due process... a jury trial and an appeal. now be done with him.

Rumpole said...

He had lawyer who concentrated on his case? His post conv lawyer BLEW THE FED DEADLINE and filed his state 3.850 unsigned. He never had a federal habeas hearing where most death row inmates get relief.

Anonymous said...

Who was the lawyer?

Anonymous said...

Hard to feel sorry for that miserable jerk.

I watched some of the trial. Not even close.

Sleep tight Mr. Chavez.

Anonymous said...

Lots of executions in the last year; looks like Rick Scott wants a cemetary full of dead convicts as a campaign prop.

Anonymous said...

can we all agree on this: no death penalty should be imposed, UNLESS you kill a child. I can live with that. Which means he has to go.

JUDGE JONATHAN T. COLBY (Ret.) said...

I used to believe in the death penalty, especially in the cases involving police officers who were killed.

Now that I am a retired Judge, I NO LONGER BELIEVE in the death penalty at all … for any case.

A Civilized Society does not act -- or should not act -- medieval.

Life in a maximum security prison is severe enough with the restrictive nature of living worse then some animals do caged up for 23 hours a day and 2 showers a week. You are surrounded in a living hell with mental patients, filth, rats, rape, beatings, death threats, sexual predators, gang members and other vicious "people". I can't imagine HELL being worse than a Central Florida maximum prison!

Even Dade County Jail next to the courthouse is horrendous and not fit for any human being --- and many of those inmates are still "presumed innocent", but can't make bail. I have toured all of the significant Florida prisons and it is remarkable that a Federal Judge has not found them to be unconstitutional as an 8th amendment violation.

I am sorry if this looks like a liberal or weak position. I can assure you that I believe in the law and in maximum punishment for those in society that we need to put away to keep us safe. I am a strong conservative on these issues, except the death penalty.

Not that this case could be an execution that we find out later was in error -- but there are those cases and thank God for the Innocence Project.

I have said prayers for the Ryce family ever since Jimmy was abducted and praise my great friend and colleague Judge Marc Schumacher for his intelligent and courageous handling of this tragic case.

I just believe that we could have saved the taxpayers the $879,000 that it has cost thus far to provide legal representation and appeals for this animal. Life in hell (in maximum security) should be enough for a civilized society.

God Bless you always Jimmy Ryce….

Anonymous said...

Fuck him, he deserves to die a horrible death.

Anonymous said...

OK Rumpole you have made the point that you are infinitely more noble than anyone else on this blog because you oppose the death penalty for the rapist-murderer. The rest of us who live outside your ivory tower will say a prayer at 6:00 pm for little Jimmy Ryce and his family, NOT for the monster that took that innocent little boy.

Adam Tebrugge said...

I am quite confident that none of the anonymous commentators here have ever handled a capital case. The question is not what a particular defendant deserves. The question is whether human beings can devise a just system that can reliably make such a determination. As someone who has practiced in that arena for many years, I can tell you emphatically that the answer is no, we can not.

Anonymous said...

Lethal injection is too good for this stain. How much more DP does this f**kstick require?

Adam Tebrugge said...
This comment has been removed by the author.
Anonymous said...

Im against the death penalty in general but I won't cross the street to object to this one.

Anonymous said...

Former ASA here,

I realize there serves no REAL purpose for executions, other than revenge. But I'm okay with that, especially in cases like this.

For the cost of this asshole's appeals, we could send 10 people to medical school. I'd rather use that money helping create productive members of society rather than eliminate one.

Anonymous said...

I hesitate to provide this link because kaput-o fishes for monkeys and fudges the truth, but the facts in his blog post are germane to your post.

http://miamiherald.typepad.com/nakedpolitics/2014/02/rick-scott-record-holding-killer-of-killers-among-fl-governor-1st-termers.html

MC Waste Services, Inc said...

The post conviction lawyer blew the 3.850 deadline and the lawyers in the crowd dont care since he was factually guilty. typical

old guy said...

So we should ignore the fact that he was factually guilty? That the P.D.'s office had a team of fine lawyers working to save his life - even if the truth was that he kidnapped, tortured, raped, murdered, and dismemebered an innocent random child victim??

What could those people who believe that he rightfully died tonight have possibly been thinking?

MC Waste Services, Inc said...

the lawyer who blew the deadline just got home after stopping at Starbucks for a latte grande. this is why this is important.

Anonymous said...

Can we get the lawyer who supposedly blew the deadline appointed to the Baby Lollipops killer?

Anonymous said...

Adam

Im confident that you are an outta town hack. Go back to the north florida blog and eat a shit hoggie.

Anonymous said...

FINALLY

Anonymous said...

I'm with Rumpole on this one. We are animals if we don't see the injustice in the fact that his legal issues were never aired in Federal Court.

You call yourselves defense attorneys? I wouldn't have any one of you represent me on a trespass.

Now go do some learning and read David Von Drehle's Among the Lowest of the Dead: The Culture of Death Row, so you can see how many times Florida has gotten it wrong.




Anonymous said...

Anybody else see reisenstein on channel 4? Good or shill?

Anonymous said...

Phil was superb, CBS got it right when they chose him.

Mark Ritz said...
This comment has been removed by the author.