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

Saturday, December 20, 2014

KARMA KRAMER

Many years ago we were retained to represent a troubled man; he was a professional in his late twenties and had some issues with his recovery. He had some personal issues which made him vulnerable to manipulation, and in fact he fell into a trap laid by some BSO deputy-thugs, and their snitches. He tried to get out of what he saw unfolding as a drug deal- but it was too late. He drove away, the police made a very bad stop. He refused a request to search his car and was badly beaten.

The case was replete with issues, from entrapment to a bad stop, to an illegal search, to police brutality. There was really no excuse for the broken nose, black eyes, and missing teeth in the booking photo.

But the case was in Broward. It was assigned to a judge who had been a former prosecutor and a former attorney for the police. She was sarcastic, sneering, uninterested in reading the motion we filed, and tossed- like a dirty napkin- the booking photo we entered into evidence- using two fingers and holding the edge of it and flipping it to her clerk like it offended her that we would argue such nonsense. She insisted on holding the hearing on the motion to suppress as the first thing she did on a busy Monday morning calendar, with a courtroom full of police officers and prosecutors. And she made it a very loud point to tell the bailiff to have a jury outside by 9:30. 

In other words- a Miami Lawyer getting the full Broward Monty.

Our client sat at the table muttering over and over again  "I can't believe this is happening....I can't believe what I am seeing."  We had no words to soothe him. He was right. We couldn't believe it was happening, but for the fact we were in Broward, where it happens every day.

A judge came in to speak with our judge during cross examination. Our judge waived us on- "Don't stop. I am listening."
We sat down at counsel table.  She glared at us. "You are listening Judge, just not to my questions" I said. "ohhs and ahhhs" were issued from the gallery and gaggle of police officers who were enjoying the show, watching a judge abuse us and our client.

"Thank you" our client whispered to us "for at least fighting for me."

Of course the motion was denied. And of course the prosecution increased the plea offer to prison for a man who had a job, had a health issue, and would lose everything, including his irreplaceable health insurance.

But that's why the good lord made juries, and the jury saved us.

But yesterday the jury didn't save Judge Cynthia Imperato. She was found guilty by a West Palm Beach jury for a second DUI outside of ten years. When prosecutors all over the state routinely threaten jail to anyone with the temerity to seek a jury trial on a first DUI, Judge Imperato was sentenced to twenty days house arrest.
But she went to trial and was convicted.
How does it feel when the Justice System works?

Karma Kramer.

13 comments:

Anonymous said...

20 days of house arrest. When do Broward clients, or clients in any other county, get house arrest for a second dui?

This may be justice, but it's the different type of justice that the privileged receive.

Anonymous said...

Here is the sad part. Instead of learning her lesson, instead of earning grace, humility, compassion, instead of learning his to be fair and impartial instead of quick tempered and slow witted, in short instead of learning how to be a better judge and a better person, she will grow more vindictive and morse nasty and bitter and angry and unfair,

All the while she will know in her heart of hearts, however, that she got what was coming to her and she was powerless to pervert and manipulate the system as she did to you and does everyday, from the bench .

As we like to say , YOU LOSE .

Anonymous said...

You seem to imply hypocrisy where there is none. The prosecutors sought a jail sentence after her conviction at trial. IMHO she should have been jailed for a few days.

Secret Judge said...

She is one more of a seemingly endless number of examples where diversity became more important than ability. Some day, we will appoint Judges in this State based on only one criteria, that being competence and ability, regardless of race, creed or color. But when we stoop to create a judiciary that has to reflect the diversity of the community, we end up with Cynthia Imperato. And simply put, that is wrong and ultimately hurts women, Blacks, Hispanics, Jews, etc.

Anonymous said...

Press, are you listening.

When she does the super serious 20 days of house arrest and if she is not working, will she get paid?

As Sarah Palin would say: You betcha.

Anonymous said...

How do I explain to my DUI clients why they have to go to jail for a second DUI if they don't win in trial but, a Judge with a horrible reputation doesn't?

How do I explain why a football player with big bucks can kill someone while drunk and only gets a few days in jail?

How do I explain to all my DUI clients how the SAO dropped charges against a really rich basketball player's wife on the exact same facts as theirs and now the State wants jail just for me asking for a trial?

Someone please explain this to me but, please, not Nancy Wear.

Anonymous said...

Great post and great story.

Anonymous said...

She was also a former cop in Tallahassee!

Anonymous said...

Does she lose her judgeship over this, or only gets " treatment " as a condition to return to the bench?
Hopefully Karma IS A Bitch

Anonymous said...

That Palm Beach Judge should be ashamed of himself. 20 days house arrest is a joke.

Richard Baron said...

I agree it was a great story. I have my own story about "Her Honor" but it wasn't as lucky as RUMPOLE. It was that experience that shaped my decision to turn down Broward cases. Not even their Drug Court. I've always believed in karma. Sit tight your honor

Anonymous said...

I got "rail roaded" by Ana Gardner too. No tears in my eyes when she went down.
Broward is getting better but, the old guard, typical of Judge Dale Ross, still lingers on.

Anonymous said...

You triggered a deja vu moment. Wish I could say more but the appeal is ongoing.