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

Thursday, June 05, 2014

ROGUES GALLERY

BREAKING : FLORIDA SUPREME COURT DISBARS ANA GARDINER. Speaking of disgraced Broward Judges, Ana Gardiner, who resigned from the bench after being caught canoodling with Broward ASA Howard Scheinberg who was trying a capital case before her, and then lied about it to the JQC, was disbarred today by the Florida Supreme Court. The Bar referee recommended a one year suspension, but the Bar appealed, and the Supreme Court lowered the boom on Gardiner.
The decision is here.


"Considering Gardiner’s dishonest conduct during the trial
and in her subsequent testimony before the JQC and the impact of her actions on the administration of justice in a death penalty case, we conclude that disbarment is the appropriate sanction."


What is the lesson we can all learn from this?
Perhaps we can draw from the tragedy of Hippolytus by Euripides: as we all know, the story begins when Hippolytus refuses to worship Aphrodite. Aphrodite avenges her honor by causing Phaedra-Hippolytus's stepmother- to fall in love with him. When Hippolytus rejects Phaedra, she hangs herself and leaves a note accusing Hippolytus of raping her. Upon reading the note, Hippolytus's father-Theseus, places a curse upon his son, which leads to Hippolytus's death.


Either that, or Judges should not sleep with prosecutors who are currently handling a case before them, and when caught, should not at first lie about it.


Either way, there is a lesson somewhere here.
Personally, we just refuse to handle cases in Broweird. It's tough enough to win a case without trying to get a ruling from the judge against her lover.




This photo was in the Sun Sentinel

Judges Imperato, Pollack, and Rosenthal from L to R
The Headline of the story was "Trust Us." The story is here. 
Notable is that Imperato and Pollack declined all breath and blood tests. Rosenthal blew a 0.0 but refused a blood test after telling the police she was impaired due to Ambien. 

Query: If Judges won't follow the implied consent law, why should anyone else? 

Miami Dade Officer Fernando Villa was convicted of DUI Wednesday. Judge Bill Altfield sentenced him to ten days DCJ starting June 10. This is NOT the officer Funny-Face trial which is still on going before Judge Tinkler-Mendez. 
Officer Villa was found passed out in his police vehicle at a Kendall intersection. 
The Herald article is here
Asa's Rebecca Gray and and Alexis Perez for the state.
Ten days jail for a first DUI? 
Seems like a trial tax to us. 

Not a good week so far for law enforcement in Dade County. 

See You In Court. 



40 comments:

Anonymous said...

When u are a cop and you go to trial you deserve a "trial tax" if you are found guilty. It is called general deterance.

Anonymous said...

Judge Altfield, whom you all praise, handed down that trial tax of ten days.

Anonymous said...

Yeah, Rumpole wrote that clear as day hector, you chump. You lost your chance to run someone against him. What happened? Your PBA puppet master dropped the ball.

Anonymous said...

Had a bad week. Went to federal court and got the ol-huck-a-buck.

Went to Ren ( a venue doncha know) and got the ol shumie-do with the bill.

No luck anywhere.

Heat fan said...


The Finals have arrived and for the fourth consecutive year the HEAT are there.

I'm sure we will here From Rumpole as soon as the Heaters drop their first game to the Spurs. And we won't hear from him when the Heat win.

But Either way, I'll be there, rooting for my favorite basketball team.

All Heat, all Heart, all the time.

HEAT FAN

DS said...

Bill Altfield gave the Defendant what he deserved. 1st DUI, yes, but cop Passed OUT in Patrol Car ,seems. More than a .08 and not keeping w/in lanes/ swerving. Much MORE dangerous

Anonymous said...

You are complaining about a police officer behind a police car at an intersection getting 10 days for a DUI? Seriously?!!!!...Rumpole you are definitely a former ASA...there should be no tolerance for law enforcement when they break the law.

Anonymous said...

10 days is normal after a dui trial. Hague would have given much more jail time. Ortiz: 30 days. Kmartin: house arrest. Danero: 2 weekends in jail. Newman; 10 days. Saraphin would have continued the case. Miranda: 10 days.

Troubling Finances for Judges and then some! said...

WOW! Alleged Issue: There may be a level of corruption and likely kick-backs within judicial donations/distributions. Connecting the dots still, but it looks huge! Truly huge! Extending to judicial families, JNC members and judges. It is not 100%, but there is a lot of explaining to be done.

By the way, why are judges not pay for the filing fee out of their own pocket? It is wrong to not pay for the filing fee out of your own pocket ladies and gentlemen. Come on now.

Anonymous said...

What was the state's offer on the officer's case? Looks like first minimums with maybe a trial day enhancement of extra $250 fine or extra 50 hours of community service would have been a fair sentence after trial. The offense that got him the 10 days DCJ was not the DUI but the far more serious offense of forcing the judge to sit through a trial in the afternoon.

Anonymous said...

What about Joyce Julian as well as the Judge who was caught smoking pot on a public bench???

Anonymous said...

Was BOT offered to the cop like it is offered to any other defendant in similar circumstances?

Rumpole said...

I don't know the specific facts of the case. I do think law enforcement officers should be held to a higher standard and punished more severely when they break the law. No doubt about that. Judge Altfield is a fair judge. For all I know the offer before trial was 20 days. But on it's face, ten days for a first DUI, when the guy is going to be punished by losing his job, seems a bit harsh and somewhat of a trial tax.

EyeonNesbitt said...

Gary Nesbitt talk, Day 2
Have at it......

Anonymous said...

They didn't offer BOT, though the cop was "otherwise eligible". But, he was treated differently than the regular Joe exactly because he isn't the regular Joe. If he's not in his police car I see the BOT offer.

Altfield, a career prosecutor, holds cops to a higher standard, as he should. Cop also had no choice but to go to trial to try to save his job, but he had no defense. Thus, 10 days.

Anonymous said...

First time DUI no accident should not be jail time. No matter your job.

Safe to say every adult on the jury, on the bench, and behind the tables has driven while impaired.

Anonymous said...

Who was for the defense on Altfield case?

CAPTAIN JUSTICE said...


THE CAPTAIN REPORTS:

BREAKING ....


Former Judge Ana Gardiner has been DISBARRED by the Florida Supreme Court.

The opinion is here:

http://www.floridasupremecourt.org/decisions/2014/sc11-2311.pdf

Cap Out .....
Captain4Justice@gmail.com

MC Waste Services, Inc said...

http://www.sun-sentinel.com/news/broward/fl-former-judge-ana-gardiner-disbarred-20140605,0,4784085.story

u can add this picture

CAPTAIN JUSTICE said...


Betty Llorente and Madeline Acosta for the defense. Two excellent attorneys.

Anonymous said...

I've appeared before Gardiner and she was a fine judge but her conduct in fraternizing with a prosecutor in a capital case was deplorable and warrants the disbarment consequences . It really epitomizes the problems in the Broward County criminal justice system.

CAPTAIN JUSTICE said...


Hey Horace. Any thoughts on the NFL's decision to scrap the roman numerals beginning with SB 50

Super Bowl 50

Super Bowl L

Cap Out ....

Anonymous said...

Rump,
With regard to your statement "But on it's face, ten days for a first DUI, when the guy is going to be punished by losing his job, seems a bit harsh and somewhat of a trial tax" do you think only police officers lose their jobs when they get convicted? Lots of employers will fire you for a DUI conviction. And those that have to spend 10 days in?
Not everyone works a job where they can tell the boss they need 10 days off and expect to keep their job when they get out.

And in many place that DUI conviction will keep you from getting another job.
Collateral consequences of a DUI can be huge - not just for police officers.

Although some cities are trying to change that. Baltimore just passed law last week that initial employment application can't even ask about criminal background until conditional offer of employment has been made.

Rumpole said...

I agree. A conviction for even a misdemeanor these days can be devastating. I didn't mean to diminish the effects of jail on anyone else.

If I really think about it, what I was trying to convey was that the impact of loosing a CAREER as opposed to a job seems punishment enough. It's not a defense-able position vis-à-vis the impact of ten days jail on a single parent working two or three jobs just to pay the rent and put food on the table.

I just had lunch with someone today where I was saying that judges should incarcerate people more for shorter period of times. For instance a first time offender might get probation and then probation extended and more community service hours for the first few technical violations and then BOOM a five or ten year sentence for a probation violation. And I was speculating about putting the person in the box at 9am, having corrections stick them in a holding cell, giving them that crappy sandwich for lunch, and then bringing them out at 4pm and asking them how they like jail? Sometimes a little of that can go a long way.

Anonymous said...

Jail is overused. It should be for violent offenders who pose a threat to society. Judges should not give jail in most misdemeanors. Hard, meaningful and productive community service should be used more.

Anonymous said...

Ana Gardiner should have no problems being disbarred. After all, she married Dave Bogenschutz.

Anonymous said...

Supremes call the Shumie for Ana Gardiner.

Talk about getting the ol' shumie-doo.

Anonymous said...

Ana Gardiner disbarred. Another quality higher by those insurance defense douche bags. Figures birds of a feather.

Anonymous said...

Does anyone know why it took Victoria Ferrer, 3 years to pass the Florida bar?

Anonymous said...

So she shumied the bar exam. Big deal. Who hasn't?

Anonymous said...

Gardiner is no longer listed on Cole Scott Kissane Website. Fla bar shows her home address

Anonymous said...

BOT was offered and rejected

Anonymous said...

Your logic fails me. If judges don't follow the implied consent law, why should anyone else? What u fail to recognize is that their failure to blow will have criminal consequences. Your logic would only make sense if there were no consequences. Additionally, u don't get to ask for blood if blow is 00.00, its urine after a DRE eval. Broward cops fucked that one up.

Anonymous said...

If cop turned down bot to save his job, then 10 days is perfectly fair.

Betty is a great lawyer but, not a DUI expert.

Although Bill Altfield proecuted cops, he was very fair to my past clients who wore badges.

Heat fan said...

Looks like Rumpole has a new job writing speeches for Texas Gov.

overnor Scott said, “Coach Erik Spoelstra and the Miami Heat have had an incredible run and I look forward to a great series. I am confident that the Heat will be bringing home a third straight title and I look forward to them cementing their legacy as one of the greatest basketball teams of all time. Go Heat.”

“The Heat are aptly named because they’re all sizzle and no steak,” Gov. Perry said. “While the Heat got lucky last year, the Spurs are proof of the power of teamwork and dedication to craft, qualities that will help them bring the O’Brien Trophy back to the Lone Star State.”

MC Waste Services, Inc said...

add her pic to the trio

MC Waste Services, Inc said...

http://www.miamiherald.com/2014/06/05/4161194/county-worker-arrested-on-theft.html


my kinda of pawn shop

Seth Sklarey said...

Maybe need JUI (Judging Under the Influence) checkpoint at Broward Courthouse judicial entrance. Remember this is the same courthouse where my eyes used to burn and the clerks got sick because Sheriff Nick Navarro stored the pot on the third floor.

Anonymous said...

So a police office loses a career. And so did Gardiner. she already lost her judge job.

Anonymous said...

Don't forget Broward Judge Watson, who the JQC wants to kick off the bench for her fraud in a case prior to assuming the bench.