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

Monday, June 09, 2014

IT'S ALL HAPPENING TUESDAY

Tuesday will be a big day in our humble REGJB.

Closing arguments are scheduled in State v. Jason Mitchell, the case involving the tragic murder of Sean Taylor. No inside info, but we expect that Reid Ruben will do one or both of the prosecution's closing arguments (they get rebuttal because before the law changed, they were losing too many trials and the legislature put an end to that by golly). Want to see one of the best trial lawyers in action? Go watch Reid.

Action resumes in State v. Officer Funny Face. The trial has been on a bit of hiatus, as a scheduling issue delayed matters until Tuesday, when a defense witness will testify. The only issue after that is will the defendant, a former police officer and presumably an individual experienced in testifying and cross examination, testify?

Most long time and careful readers know Rumpole's aversion for having a client testify. Indeed in federal court they enhanced the punishment if your client has the temerity to testify. But in state court, for us the issue is that the jury naturally tends to focus exclusively on the client's testimony and all other issues of reasonable doubt are forgotten. If your client does well, you are ahead. If your client stumbles, you are behind. Usually most prosecutors are not experienced in cross examination, as they have spent years at the podium asking "what happened next?" But in this trial, ASA David Gilbert is waiting in the wings, a lion in the tall grass, ready to pounce. Gilbert is as experienced an ASA in the Dade SAO office as they have, and like Reid Ruben, he is a pro and will be prepared.

We do not expect either Messrs. Gilbert or Ruben to not answer the bell in trial because of cramps.

See you in court.


14 comments:

Anonymous said...

Here are some questions for the dickhead cop-

You were drinking in uniform?

That is against the rules?

You took a civilian on a four wheeler?

That is against the rules?

You drove the four wheeler on the beach at night?

That is against the rules?

You know that people go out on the beach at night?

Sometimes when they do, you tell them it is against the rules and get them off the beach?

You drove the four wheeler on the beach at night without regard to the safety of individuals who may be on the beach at night?

That is against the rules?

You hold civilians accountable to the rules and laws we all live by?

Drinking and driving is against the rules?

You were trying to seduce a woman on the eve of her wedding to another man?

That is against the rules (unbecoming an officer)?

You were doing all of this while getting paid to follow the rules and maintain the law?

You violated your oath as a police officer?

You maimed an innocent person who committed no crime?

The same person you are sworn to protect?

You have never taken responsibility for those actions?

You used to arrest people all the time for breaking the rules?

You have never had a problem holding people to answer to the rules or law?

Now, you are trying to avoid responsibility for your own actions?

In truth

you were in a place you were not supposed to be?

doing something that you were not supposed to do?

with somebody you were not supposed to be with?

a person got grievously injured?

by the four wheeler you were driving on the beach at night with a civilian against the rules?

If you came across a civilian who had done these things, you would have arrested them and charged them with a crime?

They would have been exercising very poor judgment?

But you want to escape responsibility because you feel that you are above the law?

Nobody is above the law?

Not me?

Not those people on the jury?

The judge?

Not you?

Anonymous said...

Mr. Or Ms. 11:01. It is obvious you have never cross examined a def in your life. Bc if u had, any question about taking responsibility or ducking responsibility would cause a mistrial before u finish ur question.

Anonymous said...

Rookie cross, probably a first year asa put it together.

Locomotion Lover said...


I take personal offense to your demeaning my favorite song, Locomotion. I got to second base, for the first time ever, with that song playing in the background, and I will always remember it fondly.

Please stick with something you have vast knowledge of and stay away from my song.

Anonymous said...

2:03....please give me the cite for that, once they testify, that is fair game

Pop goes the cheaters said...

" You know what, Pop [Spurs coach Gregg Popovich] has done that so many times. I don't know if it's a conspiracy, but I'm telling you, going into San Antonio is a tough place to play.

And I can remember very well one time where it was cold showers, there were about a thousand flies in the locker room. This year, there was a snake in the locker room. So, they're going to pull out all the stops to get into your head.

When you go to San Antonio, expect something like that. And Miami fell victim to it." - Jason Terry

Rumpole's Wet Dream said...

Now you have someone else to pick on, you frkn mook.

Anonymous said...

Rump, your praise of Gilbert and Rueban are misplaced. They have been at the SAO for decades and if they had any talent they would have been scooped up and in private practice for a trial firm. Neither of them could make a nickle in private practice. Merely because they have dwelled there career in the justice building does not make them great trial lawyers.Talented prodsecutors like Kelly in Broward get rewarded. If these two are the best the SAO has the state is in serious trouble.

Rumpole said...

5:22: nah. That the heat are cheap cheaters is well known and not in dispute.

5:40- you know not of what you speak. How do you know they were never recruited but turned down an offer? People remain in jobs for their own personal reasons. But having dealt with both of them, you won't fine better, more experienced trial lawyers anywhere. So don't judge them on the fact they have had long careers as prosecutors. Their careers are distinguished. And they are top notch lawyers.

Anonymous said...

What in that cross would cause a mis trial

Anonymous said...

Robert Barrar for the Defense is also a great and courageous trail lawyer.

Anonymous said...

Somebody has Prof. Anderson.

Anonymous said...

Gilbert blew the case, just like I said. He has never had an offer to go into private practice. He is a Justice Building lifer. How sad and pitiful to have never tried a civil case, a federal case, never having to go to another state for trials ect.

Anonymous said...

Gilbert blew the case, just like I said. He has never had an offer to go into private practice. He is a Justice Building lifer. How sad and pitiful to have never tried a civil case, a federal case, never having to go to another state for trials ect.