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, April 09, 2016

DADE PROSECUTOR ARRESTED IN BROWARD FOR DUI, LSA

Yes, a Miami-Dade Prosecutor at the DC level was arrested in Broward Friday evening for DUI, LSA with property damage, and child neglect because his/her two children were in the car. 

No, there is no reason to re-print their name here. It's already been splashed through the local media. This is the type of event that becomes difficult to live down, even years later and there is no reason for us to pile on a preserve it in perpetuity on the web. 

We will NOT print comments with the name of the prosecutor. 

Lawyers have a disturbing tendency not to read instructions, so we will write it again: 

We will NOT print comments with the name of the prosecutor. 

So revel in your Schadenfreude and get on with your life. 

Enjoy the rest of the weekend. 

See You In Court. 

37 comments:

Anonymous said...

The charges of child neglect are gratuitous becaise the DUI statute already contains a senteceing enhancement for wgen minors are in the car.

Anonymous said...

I'm a prosecutor that has been with the office for a very long time now and I have never posted a comment on your blog. But you know what Rumpole? I just wanted to chime in and say that I respect and applaud your decision not to print the name of the prosecutor. We all face difficult challenges and struggles in life and I'm sure we have all made poor choices at one time or another, but the only difference is we didn't get caught or arrested. It's a sad situation. Reminded me of another prosecutor not so long ago that faced a similar situation on New Year's Eve. He is a great guy and well respected, but he made a bad choice. He came back from it and I hope this person does also. Let's try and remember, "there but for the grace of God, go I."

Anonymous said...

Innocent until ( and if ) proven guilty. Isn't that our motto? We know bull $hit arrests happen every hour. Rules don't change for an Asa

Rumpole said...

A few comments.
First, I wont post comments gender specific "He's a great guy", "she was always a good one" etc. Look at my post. It's gender neutral.

Second, all of us and I do mean all of us have done something we shouldn't have done. That being said, there are stats that when someone is arrested for DUI it usually means they have done that many times. I certainly hope this ASA gets help if needed.

Third- to the ASA that wrote a comment above.

I know this ASA. I have seen this ASA come up through the ranks and change from a nice, decent, caring person, to someone who took on a bitter edge and became less and less sympathetic to the issues lawyers were presenting. That always troubles me, when people get power and become more bitter and angry.

It would be easy for me to print their name like the media did. But, first, my view is mine and I am very willing to admit I may have a wrong view.
Second, work is work and this isn't work. Unlike a lot of lawyers, in 99% of the time I leave work behind when I walk out the door of the courthouse. In my long career there are two judges I can think of, and perhaps five lawyers that I will no longer speak to because I believe they were unethical and I saw them hurt people for their own betterment when there was no legal reason compelling them to do so. SO although this ASA has been difficult as the years have gone by, I hold no ill will and truly hope they get through this, do some self introspection, and become a better person and parent.

Rumpole said...

First of all, the blog has people who log in from most of Europe, DC, NYC, Chicago, LA, Dallas, Atlanta, etc. And thousands of people read it on a weekly basis.

Second, the Herald removes links to articles, but this blog comes up higher in google searches of people's names. Over the years I have had many people email me to remove a comment -not even a front page post- just a comment- that has become the top of a google search.

Third- It's not about my ego. It's about not making matters worse for someone who already is going through a tough time. But you can't see that in your stupid comment, can you?

Anonymous said...

This has to be one of the strangest columns ever written. The author makes a decision to comment about this person and this incident. After doing so the same author then insists that it would be too (fill in the blank)to write about the incident or identify the individual central to the story. Strange, indeed.

Anonymous said...

Does Broward have BOT? I've had the great fortune of never practicing up there.

Anonymous said...

As a former ASA who knows this ASA vey well (took over my caselaod when I left the office), I can say this ASA is a decent person who keeps an open mind about cases while still being a good advocate for the state. A good person if you get to know him/her. I take most things out of Broward with a grain of salt, so I hope the allegations are untrue.

Rumpole said...

It's not strange. It's my blog. I own it. I answer to no one but my own conscience. You want your name on the blog screaming about the worst day in your life?

I've done it before I acknowledge. I've posted the names of ASAs and defense attorneys who have been arrested. I've also removed some of those posts and comments when years later they sent me an email indicating how hard they have worked to put their life back in order and that the blog shows up in the top two or three internet searches for their name.

So in this instance I decided not to do it and give the person a small break. Maybe they plead guilty and lord forbid, go to prison. Maybe they have a trial and are acquitted. Maybe Rundle fires them, maybe she doesn't.

For the moment I call it as I see it and I am very very comfortable with my decision.

For those who think I discriminate against prosecutors, recall I have extensively covered the travails of my colleague Alex Michaels, a criminal defense attorney, and have not- to the anger of his friends- kept his battles quiet.

To me, there is a difference. An ASA gets caught manufacturing evidence, lying to the court, having an inappropriate relationship with a judge or witness- and I can prove it- its going to be blared on the front in large capital letters. But this is different and personal and I've made a judgment call on my blog. Nothing stops anyone else from making their own blog and writing about this. This isn't china- although Rick Scott has forbidden state employees from using the term global warming in emails.

Anonymous said...

Broward doesn't have back on track and almost no felony diversion.

Anonymous said...

I agree w/ 8:52. Rump playing from the bottom of the deck. He splashed the incident on his blog and then pretends to take the high road by not mentioning the ASA's name. And then in another post demeans the ASA. Yes, you answer to only your conscience.

Anonymous said...

To the prosecutor at 2:44 a.m., I hope that you will remember slogans like "there but for the grace of God go I" when you are dealing with other criminal defendants. It's much easier to empathize with someone like yourself -- a prosecutor from your own office -- than with people who don't look like you, speak like you, or live like you. That doesn't mean you shouldn't try.

As Rumpole notes, someone arrested for DUI has almost certainly been DUI at other times. Just as certainly, someone in your office knew this prosecutor had a problem. So soul-searching called for all around.

Rumpole said...

I just wonder how most of passed high school, not to mention college, law school and the Bar. Your inability to engage in anything other than rigid and concrete thinking is just astounding.

If I don't do a post, then I get inundated in comments blasting me for ignoring it. The incident wasn't "splashed" on the blog. It was posted in what I feel was a simple and sensitive way. You want something splashed? Give me your name and I will go find some ex lovers and disgruntled clients and then you will see what splashed can be. I can do a hatchet job with the best of them.

I didn't "demean" the ASA. I told the truth. I have known this ASA and was dismayed to see how they matured and progressed and I freely admitted it was my own view and could be wrong.

The only thing I think wrong is that you some how have an ability to use a computer and that cannot be good for the future of humanity.

Anonymous said...

In many cases, DUI is a sign of disease, a disease that is aggravated by stress. This person had kids in the car. I have dealt with this person, unhappily, but I do know that this person is very devoted to those kids. I think we all hope this will work out, whether we like the ASA or not. That is not the issue. Thankfully, it appears no one was hurt and hopefully, tis individual will now be able to deal with solving this problem, which haunts many of those in our profession.

Anonymous said...

I've always been stunned by Rumpole's failure to castigate M-DC ASAs on a regular basis. That's because I deal with those ASAs on a regular basis. They don't seek justice, they seek to win by any means possible -- they cheat in discovery, they collude with cops to shade the truth, they commit outrages in closing argument. It is their corporate culture. Name one ASA who has ever been disciplined or fired for prosecutorial misconduct. There are Brady violators and habitual closing argument offenders throughout the upper echelons of that office, even if their misconduct resulted in reversal on appeal or in post-conviction (Typically the courts acknowledge the foul but pretend it did not harm). Rumpole's observation that an ASA lost their moorings en route to DC is like remarking that mockingbirds make noise.

I wouldn't castigate a prosecutor for a DUI and LSA even with kids in the car, unless s/he had already been confronted for similar misconduct and offered significant help. Addiction is tough to conquer. Maybe this prosecutor is a single parent overwhelmed with woes. We are all weak and capable of terrible judgment, especially at times of severe stress. But the other stuff, the craven desire to score points, that's on that prosecutor.

Rumpole said...

I don't disagree with many of your comments about the Dade SAO. It starts at the top and there is no culture of fairness like there was with Janet Reno. But there are many many fair and honorable prosecutors in that office so you need to judge them on an individual basis. When a prosecutor screws up I call them out on it. But I can't call the entire office dirty or dishonest when that is just not the truth. But if you want to say the office has a culture of disregarding justice in the face of what a victim wants, then I would agree. They abandon for the most part their obligation to do justice and make the hard calls when a victim wants the max which they do in 99.999% of the cases. And when a next of kin doesn't want the death penalty but the Dade SAO does, then they ignore the victim for their own gratification as well.

Believe me, I know this office well and am frequently disappointed by them. And I think, in the words of Chief Justice Roberts, I do a pretty good job calling balls and strikes. Better than Alito, that's for sure.

Anonymous said...

What I have found about the 'fair and honorable prosecutors in that office' is that they often lack discretion to make the right call. I'm thinking in particular of one high-ranking recently-lauded prosecutor who exercises iron control over disposition of all crimes within her bailiwick, with a one-size-fits-all mentality that trumps the judgment of pit prosecutors who seek justice, or the desires of victims who seek mercy. Her paramount concern appears to be protecting KF-R from the remote contingency of blowback from the Herald.

You may know who I'm referring to. I can't see much distinction between her and Alex Michaels: both indulge in missionary zeal at the expense of reason, civility and fairness. At least Alex is fighting for his clients. She is fighting for prestige.

Anonymous said...

7:19: don't be a coward. Name names.

Anonymous said...

Anyone know which lawyer got an acquittal for the guy charged with shooting at Coast Guard from his fleeing dinghy? Don't you just love So.Fla.

Anonymous said...

Got to disagree with you Rump on this one. Once the name is published in the press it's already in the public domain. If you knew the person had been arrested but it was not reported in the media I could understand.

Rumpole said...

looking for your comment? Didn't read my post that you shouldn't use pronouns like her or him? Of course you didn't. Lawyers don't read rules.

Anonymous said...

For all you who complain about Dade SAO go to Broward and experience what a truly shitty SAO office is like. I think Dade strikes the right balance between being tough and fair and will routinely cut defendants a break that Broward never would even consider.

All you defense attorneys just don't realize how good you have it here in Miami.

Anonymous said...

I only hope that KFR does not fire the ASA but instead, allows the ASA to get the help he/she may need. I know this ASA very well and I only hope things work out for the best.

Anonymous said...

I disagree too. That person's name is on the news along with the booking photo. So, why not say it?

By the way, I handled a DUI manslaughter case with "that person" and that person was reasonable, courteous and fair and always says hello to me in the hallway.

I hope that person wins the case.

Steven Bustamante said...

There but for the grace of God go I...again.

Anonymous said...

Any word on whom the accused will retain?

what is the prevailing opinion for Broward County??

Anonymous said...

Never had a problem with this ASA, known since his/her service in DUI court, where he/she was tough to convince, but there was room to wiggle, not much. Maybe he/she has crusted more over the years. Either way, the facts of the case don't sound pretty...and you'll have a civilian to back up the Trooper. It's the mixing of the meds and booze with kids in the car that bothers me the most. This ASA will be suspended without pay and eventually fired.

A few years ago an ASA was busted for possession of a few pills of X at Club Space. That ASA was canned in a NY Minute. That former ASA has made a nice comeback because that ASA has a good attitude wasn't a dick to people on the way up. I hope this current ASA can do the same.

Anonymous said...

First, this particular ASA has been a dedicated public servant for a long time and is a nice person. I have no doubt this is killing them. But, they will persevere as they always have.

Second, I always laugh when I see comments about how overzealous MD prosecutors are and/or how pro-state the judiciary is (you must be kidding me). You all should spend time outside of MD. Maybe then you'll realize how good you have it.

BTDT

Anonymous said...


So, now with the new reports out today, we know some more of the facts. The person got into a fender bender. The person got out of their car, took photos, got into an argument with the other driver, and then the person got in their car and attempted to drive off. They got stuck in traffic. FHP managed to stop them. The defendant had their arm in a sling. They said that they had shoulder surgery in Nov 2015 and they were on 8 medications; all the result of an earlier auto accident. They told the FHP officer that they had 3 glasses of wine two hours earlier at Outback. They said they then picked up the two children. The children are 14 and 10 years old.

The person advised the trooper on multiple occasions that they would make sure that the officer would lose their job over this. The person acted irate and used abusive language multiple times. They refused breath and urine tests.

Anonymous said...

I would hate to be judged by my actions on my worst day, and hopefully this was their worst day. But if it was not their worst day and just a reflection of who they truly are, may they be judged by how they treat others. Case landed in Judge Destry's division of all people. That fickle finger of fate pops up again.

Anonymous said...

I see people are posting the news reports of the arrest on their Facebook pages. Get a life, fucktards.

Anonymous said...

OK, the 5:46 p.m. account is horrible. Try to imagine how the state would react to facts like that about anyone else. Seriously menacing behavior without shame or self-awareness. Those kids must have been terrified, but will be called upon to defend the indefensible behavior of their parent.Talk about compromised morality. Egregious behavior. I'd be surprised if similar behavior didn't surface in his/her work.

Anonymous said...

He/she seems like a real piece of work.

Anonymous said...

Threatening an officer that he'd lose his job when he was doing his job? Who does this "person" think he/she is? A celebrity? This "person" obviously doesn't know much about the law especially for someone who works as a prosecutor. Is this the type of person that the state wants in its office? Someone who commits questionable acts and expects to get away with it so he/she can send other people doing the same thing to jail? What a joke for a lawyer.

Anonymous said...

I know this person very well. In fact, this person was my DC when I was a prosecutor, and was the best supervisor I ever had while I was there. This person took interest in not only their own division but other young prosecutors who were eager to learn and took the time to teach. It's a shame that this incident casts over all the great things this person has done over the years to serve the county.

While I disagree 100% with what this person did if the facts as they have been reported are true, this person's punishment has already come regardless of the outcome of the criminal case. This person will lose or already lost the only job this person has ever known, shamed in the community by the public and their peers, and involved the children we all know this person adores into this mess.

This is certainly no joke. But this person is a great lawyer with internal life struggles. Is it fair to sum up this person's entire career by one horrible incident? We all are not perfect. I am hopeful this incident will result in those struggles being resolved.

Anonymous said...

Justice suppose to be blind... not just because of who u are or what u do u get a free ride . Well other face the tough hand of justice. It should be equal.
I agree we all make mistake and,should all get help. And pay the consequences the same. It sad that u can empathize with,a DA and not for all , in the same way.

Anonymous said...

Is the case being moved from Broward to Palm Beach? Smart given how bad the overall system in Broward is. Also I'd like to see the dashcam video to see what the prosecutor looks like on video. An interesting aside is that the Granda Broward case is going to trial on Monday. Curious which prosecutor is going to be assigned to the Miami Granda case now that this one has resigned.