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

Friday, March 14, 2014

You Tube Videos; Lying Cops; and Autopsy Photos


THE CAPTAIN REPORTS:

Thanks Dan ..... Did I mention I'm Jewish? .....

In case you have been living on the Planet Mars, and not yet heard about Attorney Dan Muessig, he is all the rage and his YouTube Video has gone viral over his self-promotional ad as a criminal defense attorney in the State of Pennsylvania.

Here is the video:https://www.youtube.com/watch?v=5KfACTAOPa0



And here is the recent interview Muessig gave to Slate.com about the video and the backlash it has been causing in the legal world:

http://www.slate.com/articles/news_and_politics/jurisprudence/2014/03/daniel_muessig_video_the_man_behind_the_best_or_worst_lawyer_commercial.html


COPS NEVER LIE .......

Next time you are in Court appearing before one of your favorite "state oriented" Judges who have never met a lying cop, just tell them to read this post:

So your client is pulled over for running a red light.  A search is conducted and two grams of a green leafy substance is found along with ledgers indicating sales.  Your client is arrested and charged with Possession W/Intent To Sell, a third degree felony.  You interview your client and he insists he did not run the red light.  He also tells you that the officers, from BSO, actually stopped him in the City of Boca Raton.  What do you do?

Well, if you're top notch Broward criminal defense attorney Russell Williams, you go the extra mile. You pull police documents and police radio transmissions and you nail the lying scum (the cops) locking them in during a deposition.

From the radio transmissions:

In the recording, deputies can be heard saying they stopped Giunto "just south of Camino." Camino Real in Boca Raton is 1.7 miles away from 200 North Federal Highway; (the location the officers put on the "A" form).

"I'm gonna try to catch up to him," one deputy said. "I'm gonna say that's our infraction there is that he took the light. … Our only problem is, now, where we are," one of the deputies said. "What do you think?"

Here is the full article from the Sun Sentinel (HT JAABLOG):

http://www.sun-sentinel.com/news/palm-beach/boca-raton/fl-deputies-cross-county-border-20140311,0,1384071.story

PROBATIVE VALUE v. PREJUDICIAL EFFECT ... THE AUTOPSY PHOTOS .....

The Third weighed in on the issue this week in the case of  Montes-Valentin v. Statehttp://www.3dca.flcourts.org/Opinions/3D12-2063.pdf

The case was a DUI/SBI before Judge Migna Sanchez-Llorens.  Appellate Attorneys Richard Klugh, Jr and John Bergendahl argued two issues before the three Judge panel of Rothenberg, Emas, and Logue. 

First Issue: Admission of the Blood Test Results. In the case, the State may have failed to present evidence that the blood was drawn by a qualified person pursuant to the statute.  Only one problem; the defense attorney forgot to object.  Well, they did object, but when they did so, they raised a general objection; "Improper predicate" and "lack of foundation"  That's a NO NO; you must provide a specific argument, not a general objection, in order to preserve the issue.  When they did finally provide a specific objection, they did so too late - during the JOA argument, after the evidence had already been admitted.

Second Issue: Admission of the autopsy photos.  The defense argued that any Probative Value of admitting the photos was outweighed by the Prejudicial Effect.  Surprise, surprise, the 3rd DCA agreed.  But, they also concluded that "the error was harmless beyond a reasonable doubt".

What both the State Attorneys office, and our Robed Readers, need to learn from this opinion, though, is clear.  Think long and hard before you introduce those gory, bloody, photos of the body of the victim.  It is the rare occasion that the autopsy photos have much relevance to the elements of the crime; or at least those elements being challenged by the defense attorney.  Judges and Prosecutors need to remember that, long after they finish this trial and move on to their next big case, they are sending home 6 or 12 very dedicated civic minded jurors who will remember those photos every time their heads hit the pillow; for many years to come.  Those images are seared into their memories for eternity.

The court said, "We therefore agree with the defendant that the probative value of the photographs was outweighed by its prejudicial effect, and, thus, the trial court abused its discretion by introducing the photographs into evidence".

The weather is clear and cool, so enjoy our Magic City this weekend.  I'll be hanging out in South Beach, people watching whilst sipping on a cold mojito.

CAPTAIN OUT .....
Captain4Justice@gmail.com

22 comments:

Anonymous said...

Dan's ad is SO over the top, that it became a satire. The ad should be on SNL.
By the way, did I mention I am a Jewish Lawyer

MC Waste Services, Inc said...

how much more do you need to pay an attorney for the attorney to go the extra mile?

Anonymous said...

A reasonable fee for a reasonable doubt , garbage man.

Anonymous said...

I agree with 641. That ad is despicable. I hope the Pennsylvania bar hammers him.

BTDT

Anonymous said...

Bergendahl and Klugh. Brilliant Attorneys. Smartest guys on the room.

Anonymous said...

I know Im supposed to know who "BTDT" is, but I don't. Is it Brian Tannebaum? The guy who makes a living defending lawyers from an overbearing Bar?

If not, my apologies to Brian Tannebaum, because the critiques of this commercial are evidence of low IQ. The commercial is obviously self-aware and satirical -- and it shows how out of touch you are if your idea of cutting edge satire in 2014 is a reference to SNL.

The idea that smart young lawyers should not use social media and the internet or things like irony and satire and pop culture references in trying to grow their small business reeks of the same self-serious baby-boomer shit that has clogged up this profession.

The idea that a lawyer in his twenties, who probably has more law school debt than Boomers can imagine, can riff on the funny and ironic parts of our business in a way that spreads his name across the continent is a testament to his smarts and his ability as a communicator. In a week he's more famous than you. And in 120 seconds he addresses the issues that actually interest people about criminal defense.

You don't think jurors and clients alike would respond well to humor, self-deprecation, and pop culture references (like the obvious Saul Goodman stuff in that commercial)?

Then you're probably someone who went to law school when it cost 3k a year and the country was in the midst of its greatest economic boom during your peak earning years and you think of yourself as a "litigator" who earned all those clients through the strength of your winning personality.

Retire already. And take your bar ad regulations with you.

Rumpole said...

Its not Tannebaum.

Anonymous said...

BTDT is a career pd lifer.

Anonymous said...

246.......shocking as this may be to you, some of us take our jobs seriously and believe in professionalism. Sorry that bores you. I have no problem with humor (including satire), but that ad is way to over the top and clearly violates the Bar rules. I can only assume that you're not a lawyer if you can't see that.

BTDT (not Brian)

Anonymous said...

Haha, re: BTDT, oh yeah is that so? Imagine that... a baby boomer lifer PD who takes great offense at a young lawyer actually trying to drum up new business using creativity and humor and derring-do.

A lawyer making something out of nothing.

Suppose it's easy to find things "despicable" and beneath you when your clients are handed to you weekly. Or better, you make your baby boomer 100k+ as an SSA who got yearly raises, supervising pit millennials stuck at 45k for life.

Rumpole said...

To answer a comment I did not publish, a lawyer was involved in an accident involving a fatality. Our sources indicated the lawyer was COMPLETELY exonerated and was not at fault so we are not publishing the comment which would only perpetuate a false rumor.

Anonymous said...

Cops in broward don't get prosecuted for false statements. Remember the Coral Springs cops caught on a tape making up a false arrest and joking about what they would say to I. A?

You got it...no charges at all.

If those cops were in boca when the falsified the paperwork does that put venue in Palm Beach?????

Rumpole said...

The heat lose again???!!! 5 th loss in 6 games. If you listen you can hear Miami fans tearing up their tickets and canceling their season ticket subscriptions.

Anonymous said...

Actually, I'm not a PD. And, I believe that many of today's other advertisements are beneath us. Your "anything goes" attitude is what's killing not just our profession, but the country as a whole. Just because you think you can say or do something doesn't mean you should.

BTDT

Anonymous said...

What lawyer and fatality? Come on Rump...spill the beans.

Anonymous said...

Could a Hispanic Female please file against Remberto Diaz? The guy has lost it and by having a Hispanic female file against him with can stop the stigma of racial targeting. He will be a great example of collateral damage.

Please!

Strong rumor that Veronica Diaz may be the answer to our prayers and may file against Ariana Fajardo who seems to have made a few folks not too happy in her time right before getting on the bench. Rumor is her ex-is looking to stick it to her. Fajardo is keeping a low profile and honestly can be taken out in a swift fashion.

Reemberto Diaz has less that $30K raised.
Fajardo has less than $50K raised.

Hello!

Anonymous said...

Shhhhhh Shumie time.

Anonymous said...

859 is clueless. Those are the last two one would target if they wanted to be judge.

Anonymous said...

Russia TV says Russia can turn USA into an ash heap. Heat beats Houston. What's the bigger story, Rump??

Anonymous said...

Advertisements are just advertisements and the consumers are not stupid like the bars like to paint them in their quest to reduce competition with ridiculous advertising rules like Florida's. Let lawyers advertise whatever way they want and let the marketplace sort them out.

MC Waste Services, Inc said...

http://www.local10.com/news/papereating-crime-stoppers-leader-in-high-demand/25023972 any media attention is a positive move for this cop

Anonymous said...

Capt,marry me