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

Tuesday, December 15, 2015

PHIL DAVIS RULE 3 UPDATES

From our man/woman in court:
MORE UPDATES :
On cross Barrar admits that " if there was any witness who would testify that it was OK to bill $20/ hour when actually paying only $10/ hour or that it was OK to bill the County for reimbursement for workers who didn't even exist, I would have called them"

Tibbett, Davis' Rule 3 attorney is questioning Barrar , Davis' trial attorney if Barrar should have called a Miami-Dade County supervisor as a witness. Barrar replied based on this County supervisor's memo,  the memo made clear that it was unacceptable under the County Reimbursement Grant to bill the County $20/ hour for the workers Davis' program found jobs fot and paid the workers only $10 an hour

Trial Attorney Barrar counters the question by Rule 3 Defense Attorney Tibbett why Barrar didn't call the programs Tax Accountant.   Barrar said he didn't want the CPA to testify that it was not acceptable or even fraudulent to bill the County for reimbursement under the grant for payment of $20 an hour per worker,  when Davis's program was actually paying only $10 an hour to the workers.
Jimmy Olsen


There are 3 Broward ASAs in court today Executive Assignment to handle the Davis matter. After an hour and a half, the ASAs have spoken less than 30 words, all evidentiary objections.But, the State is about to cross BarrarJimmy Olsen


We have yet to hear anything about how Judge Butchko launched Davis at sentencing due to extraneous issues like Court Broom and how Davis embarrassed the Courts and the system, so gave Davis a Twenty year sentence when Davis scored Non- State.
Jimmy Olsen



Update one: 
Phil Davis was in Court this morning, wearing a Red Jumpsuit, thin and  looking old in his spectacles .
Last Friday, December 11th, he did fire his appointed counsel, Brett Del Gaizo.
This morning, Daniel Tibbit  made an appearance on Mr. Davis's post conviction matters.
Jimmy Olsen


Update Two: 
Daniel Tibbit moves for a continuance, having just been retained on the case. 
Judge M. Hirsch denied the motion to continue.
Original trial counsel, R. Barrar is now on the stand. 
Jimmy Olsen


Updates three and four: 
NEWS. FLASH.
On the stand , Davis' trial attorney, Robert  Barrar, denies messing up in his preparation and trial in the Davis Organized Fraud & Money Laundering case.


Davis attempts to hand documents to his attorney, who waives the documents away and Tibbet tells Davis I handle this and talk with you later.
Jimmy Olsen


On the stand, former trial attorney, Robert Barrar, stated that Phil ( Davis) knew the trial strategy, new the theory of Defense, knew what the evidence was and who the witnesses were and what the witnesses were going to testify to, including possible defense witnesses. Barrar stated " Phil ran the show"
Jimmy Olsen

15 comments:

Anonymous said...

Rump, you got the wrong Areces. He is the son of Ramiro senior, He does not have 28 years of experience. In fact he has only 8 years and has never tried a jury trial. However his mother, Barbara had less experience than that and sold amway products and never spent any time in court or tried any cases. That didn't deter her from running and winning big over Bruce Levy.

The Professor said...

I believe the "Phil ran the show." Phil never did think his shit stinks or that he could ever be convicted. He got just what he deserved for the theft and for the crap from CourtBroom. He got a free pass, and then could not help himself from helping himself to whatever he could get.

Anonymous said...

iN REPLY TO THIS ALLEGED GOURMAND:
Benu is fufu food for people who want everyone else to think they know about fine dining. It's not. They sell over priced fish- mostly frozen- to tourists who want to pretend they are eating at the in place in San Fran. No surprise a buncha amateurs like those two wahoos would eat there and call it their favorite restaurant. They like paying 300 for a tasting menu. Dopes.
"Oh we're eating at the same restaurant as the chef who ran french Laundry. oh boy, aren't we sophisticated and special and a bunch of swells.!!"

Try eating at Saison and then tell me that your fancy-foo-foo tourist trap is any good. But those 300 tasting menus for a slice of (formerly frozen ) snapper or rock fish- called stripped bass on the east coast- with sea urchin foam (oooh isn't that so unique and charming?) is worth it.
Stick to Dennys or McDonalds and a night out for a special occasion at Houstons. That's about your style and knowledge and sophistication.




Anonymous Kenneth Weisman said...
There actually is a restaurant that Judge Colby and I truly love. I would strongly suggest trying Benu to anyone planning a trip to Northern Ca. The food is sublime and the menu is always changing.

Anonymous said...

Phil should be punished for this crime only and not the Court Broom case or other unrelated matters.

REAL FAKE REAL JUDGE JON COLBY said...

If Judge Phil Davis is set free on the Rule 3 ....

Sir Kenny W, Fake Phil R and me are taking him all expenses billed to Miami Dade County to San Francisco for dinner at BENU. Look it up. Sir Kenny W used to have a Concierge named Steve at the Clift Hotel that turned him on to it.

Anyone want to join. Many war stories to be shared. Special appearance by Alfonso Sepe, Real Judge John Gale and "The Dancing Court Reporters of the 1990's"

Book early.

CAPTAIN JUSTICE said...


11:43 AM

Please don't knock Rump on this one. Remember, he doesn't make any mistakes. I had written that the father Areces was the attorney who made it out of Committee. I have updated the post to show that it was the son, Ramiro C Areces, who has been a member of The Florida Bar for barely seven years, who actually made it out of Committee.

Thank you for pointing out the error.

Captain Out .....

Anonymous said...

I see your censoring comments. I criticized your post on the lawyer with the gun at Disney. I guess you can't even handle criticism on an anonymous blog. Kinda cute to be honest

Rumpole said...

Thanks. Although I'm far from cute.

Just Received sad news. Former ASA David Wakeman has passed away.

Rumpole said...

That's David Waksman.

Anonymous said...

Two things. I believe it is undignified to throw your client under the bus so violently in rule 3 proceedings. I mean you represented him, he got 20 years for a case calling for a nonstate sanction and now it is not unreasonable to second guess your lawyering. I've seen plenty of excellent lawyers throw their former clients a rope in post conviction.
The passing of Waksman marks the close of one of the most interesting careers ever. Feel free to visit the opinions of the third district passing judgement on Mr. Waksmans closing arguments in the almost monthly murder cases he tried in the 80s. He was creative,compelling and hard hitting. His presentations were thrilling and He was always willing to help young prosecutors. He left an lasting mark upon the profession. May he rest in peace.

Anonymous said...


G-d bless David Waksman, he was truly one of the "good guys," no matter whether you were a prosecutor or defense attorney. From a recent memoriam:


David Waksman was one of the most respected and well-liked prosecutors the SAO has ever known. He served our community as a member of the SAO family for 22 years, retiring in 2009. He was the consummate professional, consistently relied upon by law enforcement and sought out by his colleagues in the office for guidance and mentoring. After retiring from the SAO, David continued to mentor and provide training to various local police agencies as well as teach at Miami-Dade College North Campus.

David was a former NYPD police officer who retired with the rank of Sergeant prior to graduating from law school and joining the SAO. He always bragged about being a “beat cop” and how much he enjoyed being in law enforcement. Everyone who knew and worked with David can attest to his devotion and commitment to justice and truth. He prosecuted some of the most high profile homicide cases in Miami-Dade County and colleagues and reporters alike would attend his trials just to watch David in action. He had a common sense, a somewhat folksy manner of explaining legalese to juries, and was fascinating to watch during his many successful trials.

In May of this year, David was diagnosed with brain cancer. A difficult battle until his passing yesterday. He valiantly fought just as hard as he had fought in the courtroom for his victims and their families. David was predeceased by his wife Estelle and is survived by his daughters Danielle N. Ayal Lifshitz and Jacki Waksman Alexander, and his grandchildren.

Funeral services will be held this Thursday, December 17th, at Star of David Memorial Gardens, 7701 Bailey Road, North Lauderdale, FL 33068, at 12:00 PM. The family will be sitting shiva at their home, 18820 NE 20th Avenue, North Miami Beach, FL 33179.

Please keep David and his family in your thoughts and prayers. He will always remain a very special member of the SAO family.

Anonymous said...

Ramiro Areces is a great guy and very bright young lawyer. He has more integrity and judicial demeanor than a lot of our current judges. He would be a solid choice by Governor Scott.

Anonymous said...

2:58: Davis is calling Barrar ineffective. Why shouldn't Barrar defend his work and reputation? Especially when what Barrar did was at the request of Davis? Barrar deserves credit for not falling on the sword for his vile client. As defense attorneys, we are responsible to defend our clients, but not to commit professional suicide for them.

The Professor said...

David Waksman was a mentor, a colleague and an adversary of immense dedication. A bulldog in court, but I can not say he was unreasonable in plea negotiations. One of the old guard who had discretion to handle his cases the way he saw fit without fear of being second guessed. He ranks up there with Abe Laser, Bob Kaye and others. He has been, and will be continued, to be missed. Goodbye old friend. Shalom.

Anonymous said...

Really, Dan Tibbit?