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, December 01, 2014

MNF-TUESDAY EDITION

UPDATE: SORRY



In the 1968 Olympics (and yes you young ASAs and PDs and Judges -many of us litigating against you were alive then) 
gold medalist Tommy Smith and Bronze Medalist John Carlos raised their hands in a "Black-Power" salute. The gesture wedded sports and politics then and for thereafter. (The befuddled silver medalist from Australia was just along for the ride). 

Hands up- Don't shoot us. 


On Sunday, before the start of the football game in St. Louis, several members of the St. Louis Rams came out of the tunnel with the "Hands-Up" gesture, now universally recognized as a show of support for the organizers in Ferguson, Missouri. 

The St. Louis police department, sworn upholders of 9 of the first 10 amendments to the US Constitution, acted with outrage, and demanded that the Rams and the NFL punish the "thugs" (their word, not ours) who perpetrated the salute. 

Somebody needs to sit down with the Neanderthals (our word) who work at the St. Louis police department, and read to them the first amendment to the constitution of our country.  Perhaps instead of reading "Goodnight Moon" while sipping coffee in a Dunkin Donuts (yes, the outrageous stereotypes are what we were looking for), the members of the police department should remember that they work for a police DEPARTMENT and not a police STATE- although we are sure that the phrase "all orders must be obeyed" probably resonates favorably with them. 

Our final thoughts- Moronic. Disgusting. And Dangerous. Because you better believe the aggrieved law enforcement gendarmes will be taking our their anger and frustration on the first citizen that tells them to go to hell- which by the way- citizens are allowed to do. 

This is your Miami Dolphins Monday Night Football-Tuesday blog edition.  Updated- Fins won-playoffs hopes still alive. 

Twenty years ago Dan Marino ran the "fake spike play" at the end of the first half in a monumental Dolphins comeback and win. The win sent the J…E…T…S….  JETS JETS JETS into a 4-33 downward spiral of losses. 

In Fantasy Football this week, it wasn't pretty as Rumpole's team hung 131 points on Mr. Markus's team in what the last President Bush would call "a thumpin."  Markus managed to squeak out 71.75 points. 

YOU KNOW YOU'RE HAVING A BAD DAY WHEN…..This is how you start or end it…


ABANDON HOPE ALL YE WHO ENTER HERE




26 comments:

Anonymous said...

What say you on the AP plea?

Anonymous said...

A very big man robs a merchant then a few minutes later attacks a police officer in his car attempting to disarm the Officer and gets shot and killed. Although any loss of life is sad, the shooting was 100% justified and I am at a loss as to why this particular shooting has garnered so much attention. In the last 20 years I have seen 10 or more police shootings in Miami-Dade County alone much more controversial then the one in Ferguson. If there is a police culture of abuse there, then address that issue without having to create a context through this justified shooting. You rob a merchant and attack the police then you take the risk that didn't pay off here. Stop moaning and get to work.

CAPTAIN JUSTICE said...


THE CAPTAIN REPORTS:

15 YARDS, PERSONAL FOUL ON RUMPOLE .....

Your comments on the police department are way off base. They did not call the football players Thugs. And they recognized the first amendment rights of the players to do what they did. It is their position that the players were perpetuating the lie of the Ferguson shooting and the facts that support a good shoot in that case. And they were simply exercising their first amendment rights in responding to the football players. And they will continue to respond in other first amendment ways to indicate their displeasure with the football players.

Here is the actual statement issued by the police:

"St. Louis, Missouri (November 30, 2014) – The St. Louis Police Officers Association is profoundly disappointed with the members of the St. Louis Rams football team who chose to ignore the mountains of evidence released from the St. Louis County Grand Jury this week and engage in a display that police officers around the nation found tasteless, offensive and inflammatory.

"Five members of the Rams entered the field today exhibiting the "hands-up-don't-shoot" pose that has been adopted by protestors who accused Ferguson Police Officer Darren Wilson of murdering Michael Brown. The gesture has become synonymous with assertions that Michael Brown was innocent of any wrongdoing and attempting to surrender peacefully when Wilson, according to some now-discredited witnesses, gunned him down in cold blood.

"SLPOA Business Manager Jeff Roorda said, "now that the evidence is in and Officer Wilson's account has been verified by physical and ballistic evidence as well as eye-witness testimony, which led the grand jury to conclude that no probable cause existed that Wilson engaged in any wrongdoing, it is unthinkable that hometown athletes would so publicly perpetuate a narrative that has been disproven over-and-over again."

"Roorda was incensed that the Rams and the NFL would tolerate such behavior and called it remarkably hypocritical. "All week long, the Rams and the NFL were on the phone with the St. Louis Police Department asking for assurances that the players and the fans would be kept safe from the violent protesters who had rioted, looted, and burned buildings in Ferguson. Our officers have been working 12 hour shifts for over a week, they had days off including Thanksgiving cancelled so that they could defend this community from those on the streets that perpetuate this myth that Michael Brown was executed by a brother police officer and then, as the players and their fans sit safely in their dome under the watchful protection of hundreds of St. Louis's finest, they take to the turf to call a now-exonerated officer a murderer, that is way out-of-bounds, to put it in football parlance," Roorda said.

"The SLPOA is calling for the players involved to be disciplined and for the Rams and the NFL to deliver a very public apology. Roorda said he planned to speak to the NFL and the Rams to voice his organization's displeasure tomorrow. He also plans to reach out to other police organizations in St. Louis and around the country to enlist their input on what the appropriate response from law enforcement should be. Roorda warned, "I know that there are those that will say that these players are simply exercising their First Amendment rights. Well I've got news for people who think that way, cops have first amendment rights too, and we plan to exercise ours. I'd remind the NFL and their players that it is not the violent thugs burning down buildings that buy their advertiser's products. It's cops and the good people of St. Louis and other NFL towns that do. Somebody needs to throw a flag on this play. If it's not the NFL and the Rams, then it'll be cops and their supporters."

Cap Out .....

Anonymous said...

The grand jury was a shit show. I guess you can't disagree with the police in St. Louis.

Anonymous said...

A 32 year old Bosnian immigrant was beaten to death on the streets of St. Louis by at least four young black males wielding hammers.

Just thought I'd bring it up since the media has been pretty quiet about it.

Now, imagine if instead of dying as a result of repeated depressed skull fractures, this man pulled out a gun and shot the attackers. Now that would be news.

By the way - 70-100 Bosnians gathered in the streets after the attack. Not one burning car. Not one looted store.

Huey Freeman said...

No flag on the play for Rump. If anyone can read the dictator-wanna-be's response that's posted without vomitting then God help us all. It can be summed up very briefly: "How dare you people take a stance that shows displeasure with our handling of this situation from shooting to exoneration of our brother. Since we can't do anything to you for your exercise of free speech, we will try to strong arm anyone we can to punish you for your exercise of free speech."
Could it be that the players are tired of seeing unarmed people that look like them killed by police without consequence or even as much as an ounce of remorse (even a justified killing should come with some remorse or sympathy, that wasn't a palmetto bug you squished, it was a human life), and took the opportunity to show their displeasure in a peaceful manner and not like the "thugs" (code word for you know what) that everyone is talking about in Ferguson. Could it be that they like a lot of people don't trust the crappy job that was done by the government in the investigation and grand jury presentation? Would it have satisfied dictator-wanna-be's displeasure if they would have walked out displaying a "peace sign" in protest.
Their response, in typical fashion, sounds just like the armed robbers we represent "Do what I say and everything will be ok for you."

Anonymous said...

The Captain is a dope



Richard
‏@RFW_SSI St. Louis police leave no doubt that they are racist by calling protestors "thugs" in response to Ram's symbolic move http://www.marketwatch.com/story/st-louis-police-want-rams-punished-for-hands-up-dont-shoot-gesture-2014-12-01?mod=mw_share_twitter&n_play=547c64ffe4b0eda803a5719e …

Anonymous said...


Tell me something 3:33 and 1:26, why is this case their "cause celebre" case?

There is video of the deceased committing what appears to be a strong armed robbery and the deceased then, upon first being confronted by the officer, decides to attack the officer in his patrol car and go for his gun.

You would think the Al Sharptons' of this world would pick a much better factual case to grandstand about. Hell, the City of Miami PD shot and killed seven blacks in 2013, all unarmed, while these black citizens were sitting in their stopped vehicles, vehicles stopped by the patrol officers.

Joe Klock said...

Anyone who works in REGB is well aware of the fact that police officers routine discriminate against black males, who are stopped more often, arrested more often, and more often are seen with clear bags if drugs which they throw down in front of the vigilant eyes of the police. Perhaps the members of our community who have reacted to Michael Brown's death are just using that as a convenient rallying point for deep-seated grievances and resentments. They have historic reasons for doing so. Of more interest to me is having lawyers place some credence in the workings of a grand jury, a system that is as fair today as it was in the earliest centuries of English law. We will never know what happened that day, but the way the system is supposed to work is that there is supposed to be a trial. Everybody watches and then the police officer may well be found not guilty, but at least we all could see.
There are reports that where body cameras are used, that there is a dramatic reduction in complaints against police and police/defendant violent contact. It always helps for folks to know that their conduct is being watched and that it will later be available for all to see. While the Michael Brown issue may well be controversial, the fact that a camera recorded the 12 year old boy being shot down as a police car pulled up, which directly contradicted the police story, points out the benefits of all of us knowing that police/citizen contacts will be preserved for all of us to see.

Anonymous said...

The grand jury was a shit show. It's about process and access to the political system. Ferguson is a mess in that respect.

Anonymous said...

Dan Lurvy testifying for Eiglarsh for the defense in murder trial tomorrow. Interesting.

Anonymous said...

Bosnian attack reported here:
http://www.foxnews.com/us/2014/12/02/protests-sparse-after-pack-hammer-wielding-teens-beats-man-to-death-in-shadow/
and here: http://abcnews.go.com/US/wireStory/st-louis-bosnians-edge-hammer-death-27305854

and here:
https://time.com/3615409/st-louis-bosnian-immigrant-attack-not-racially-motivated/

and here:
http://www.washingtonpost.com/posttv/national/bosnian-man-killed-after-hammer-attack-in-st-louis/2014/12/01/aa9371df-e6f1-4889-8239-fd81d5044325_video.html

And that was just a start. Also, for your analogy to have any relevance would be if the assailants were not charged or sought to be charged. And if the local bosnian community suffered through slavery, Jim Crow, and police killings with impunity.

Glenn gary glenn shumie said...

A ALWAYS
B-BE
C-CLOSING

Always be closing.

A= attention
I =interest
D=decision
A=action
DO I HAVE YOUR ATTENTION? GOOD
ARE YOU INTERESTED? YOU KNOW THEY ARE
MAKE A DECISION TO COME TO CHRIST
ACTION = GET THEM TO SIGN ON THE DOTTED LINE

Rump-= they're waiting out their to give you their money. Are you man enough to take it?

Anonymous said...

6:17, you certainly dont discriminate against that population do you.

Anonymous said...

The Professor says:

Mr. Klock,

I think you seriously misunderstand the criminal justice system. There isn't "supposed to be a trial" unless the grand jury indicts. Prosecutors don't ask for indictments unless they believe they can convict the subject of the grand jury inquiry.

Yes, probable cause is the minimal standard to support an indictment. But bare probable cause is not the basis upon which a charge SHOULD be brought.

In the Ferguson matter, a trial would not have been a cure. The result of one was pre-ordained and clear to those who have reviewed the grand jury documents (I have read over half of it as of the writing of this comment). The witnesses who actually saw the event (not those who just repeated what someone else told them) support (in substance) Wilson's version. That means, at a minimum, reasonable doubt would have prevailed.

As we have learned in other lynch mob mentality cases, if you think a No True Bill was a match, a not guilty would have been an explosion. A trial would have left those who sought "only and indictment and a trial" unsatisfied and demanding, not that the system provide a trial, but that system provide nothing less than a specific result.

The DOJ will take no action against Wilson, because his actions complied with the dictates of Tennessee v. Garner. Brown had just completed the second of two violent felonies, one of them directly against the officer.

This does not resolve the greater issues mentioned in your comment, but as I have stated more than once, the system is not improved or enhanced by making a sacrificial lamb of Wilson to satisfy the blood lust of a group of people who feel aggrieved. What we should strive for is the system working for everyone, not being perverted to meet the needs of some and to oppress others.

Huey Freeman said...

5:44 "aka believer of all that Ferguson police say", since you asked: Yes you are correct that in Miami (and other parts of the country) there have been far too many unarmed african americans killed by the police who were later exonerated. Just like Ferguson they also involved questionable investigations. Any one of them could have been a "cause celebre" for the St. Louis Rams players, but it might just be that the St. Luis Rams players chose this case because they are in the same state and very close in geographical proximity (under 10 miles) to Ferguson, much like the Heat wore hoodies after Trayvon Martin was murdered (albeit by a citizen and not government). That same kind of thinking you have (only innocent people deserve protests if they are killed by the government) is what ends far too many lives. The fact that you say "what appears to be a strong arm robbery" should cause you to doubt something about the investigation, but apparently doesn't.

Anonymous said...

This just shows what a disaster the police in Ferguson are. People have the right to protest their shootings, if they don't like it then get a job where you are not sucking the public teet. Maybe if you treated the citizens with respect you wouldn't have to worry about the opinion of jocks. Why not gear up your tanks and other military toys and attack the stadium.

Anonymous said...

These Missouri cops are pussies. Sure they can shoot an unarmed teenager 8 times but when the citizens who pay their salary are getting their businesses looted and burned they don't do shit. They don't care about the citizens they just want to play cowboy with people they consider subhuman.

Anonymous said...

Advocating for an arrest and the spectacle of a trial only to satisfy the mob mentality of a culture suffering from decades of inequality is short sighted. Putting an innocent person through that process when not justified by the evidence is equally unjust as allowing a guilty person to escape justice because of race or social status.

Anonymous said...

Joe Klock......you said, and I quote, "the way the system is supposed to work is that there is supposed to be a trial. Everybody watches and then the police officer may well be found not guilty, but at least we all could see."

So, let me get this straight........you'd be okay with your clients being indicted irrespective of the death of evidence against them so that we all could see the evidence against them? Somehow I don't think so.

The notion that the State should have filed charges just so the public could see a trial is disgusting. I'd expect a defense attorney to know better.

If the State can't prove a case beyond a reasonable doubt, the State has no business pursuing the charges. It's that simple.

BTDT

PS---have you read the grand jury testimony? The witnesses were all over the damn place. Do you really think that the State had a chance in hell of proving the case beyond a reasonable doubt?

Anonymous said...

The cop who use a chokehold in New York (despite it being against their regulations) was not indicted for anything related to the murder of Eric Gardner, despite the fact that this killing was on video. Gardner had not committed an crime of violence, did not try to flee from the police, and did not deserve to die. His only crimes were allegedly selling a loosie and resisting arrest, misdemeanors at best. He's no Arnold Abbott, but the "criminal acts" are similar in that they are "quality of life crimes".

Anonymous said...

Joe is a good guy and brave enough to put his name to his comments....unlike the rest of us cowards.

Anonymous said...

4:07 I am aware of all of these niceties. I am also aware that informations are sometimes filed for public or political reasons, because folks are afraid of the police, or because they are sensitive to "public issues." I assume that you are aware of this by the degree of your feigned outrage. I am also aware that a kennel of puppies could just as well respond to the tone, order of proof, biases, or suggestions of the prosecutors who are in the room alone with the grand jurors as well as do the average grand jurors.
Having said all of that, the St Louis Grand Jury sat as a petit jury without a judge and without one viewpoint represented at all. That is bad politics, bad community relations, and bad justice. I certainly hope that your viewpoint prevails at all charging levels, but I do not think so. But, an issue like this that is so public, deserves public vetting. It did not get it here, and as a result, lots of people feel left out and ignored.
We can do better than that.
The only positive development that has come from this is that perhaps President Obama may get involved in all of this and help alleviate the pressure, the misunderstanding, and the hostility. Our system just leaves a large portion of our population disaffected and untrusting. If we do not fix that, things can only get worse in an age when news travels within split seconds.

Anonymous said...

No asshole, we watched the video.

Show a little respect for Mr. Klock

Anonymous said...

5:51 am: Show respect for him?
Can you say "Joe Paterno"?

Anonymous said...

The Australian athlete in that photo, Peter Norman was not befuddled. He was in on and supportive of the political protest. He is wearing the same button Carlos and Smith are wearing (I think it was for an athletes for human rights organization), and he was the one who suggested they wear the gloves. Plus he had an AMAZING kick to take 2nd place. But certainly not befuddled, he was a part of what most don't know was a three person protest on that podium.