For the first time in approaching three thousand posts, we removed a post for content. The post was put up by a blog contributor that has made a good contribution to this blog over the years. But in the end this is our blog, and we are responsible for the content and we did not agree with the facts of the post and it was demeaning to attorneys and clients and more importantly, the next of kin in a tragic case.
There are a myriad of factors that go into a settlement of a criminal case or a decision to go to trial.
The facts of a case are usually, but not always paramount. A client can be reasonable or unreasonable. A next of kin can be forgiving, or unreasonable. The client can have insurance or funds to assist the next of kin in their loss. A client can have a superb lawyer, or an expensive lawyer who stinks.
The tenor of the post we removed was that in the two DUI manslaughter cases that we wrote about, one client essentially paid off the next of kin to get a better result.
We do not know that to be true. A financial settlement may have occurred, but that does not mean a priori (sorry for the judges that are reading this to use a Latin phrase) that the case was settled for a lesser prison term because of the settlement. Such a statement is demeaning to the court, the lawyers, the client, and most importantly, the next of kin of the deceased.
Under these conditions we could not let the post stay up. It is entirely proper to speculate among the myriad of reasons why a case was settled. But we will not allow these pages to be used to compound a tragedy and demean- of all people- the family of an innocent victim who was killed.
That's our decision. If you don't like it, too bad.
See You In Court.
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