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Wednesday, July 06, 2016

DEFENSE ATTORNEY SAYS "F --- YOU" TO ALLEGED RAPE VICTIM


THE CAPTAIN REPORTS:

IT JUST KEEPS GETTING WEIRDER AND WEIRDER IN BROWEIRD .....

Defense attorney says "F --- You" to alleged rape victim .....

So, this time, it wasn't a Judge who made the headlines.  Instead, it is longtime criminal defense attorney Herb Cohen, who is at the center of attention in the latest saga to hit North of the Border.  Also part of this fast becoming a soap opera case is ASA Katie Bogenschutz, (she the daughter of famed criminal defense attorney David B), and a cameo appearance by our own Jayne Weintraub.  Sitting on the bench for this one is Judge Michael Rothschild.

The defendant is 69 year old millionaire developer Louis Bianculli who is charged with three counts of Sexual Battery, Familial Victim, age 12-17.  He is represented by Herb Cohen and Jayne Weintraub. While the case was filed in 2015, it appears the allegations stem from 2009; (see case Number 15009445CF10A).  According to news reports, the victim is alleging that she suffered abuse and torture from her stepfather for years starting when she was just 12-years-old.

According to the transcript of a deposition taken of the victim of the alleged rape, here is what we know:

A deposition of the victim took place on June 12th, and during that depo, the following exchange occurred:

"Can you be in the room with me?" Cohen asked
"No," she (the victim) answered. "You're just like Lou, but worse."

How did Cohen respond?  "F--- you," he said. 

Wait, it gets much worse.

The victim was walking out of the room when Cohen mumbled the words under his breath, according to Cohen and Weintraub.

In a hearing before Judge Rothschild, Bogenschutz was having nothing of it.  She told the Judge:

"Let the record reflect that Mr. Cohen said to the witness, and I quote, 'F--- you,'"

Cohen responded:

"I said it under my breath," Cohen said. "Let me tell you something, that comment, this case has turned into such a piece of s---. ... F--- her and all of you people, OK? I'm not a criminal and I'm not a f---ing rapist. You understand? You think I'm going to stand here and take this s---? Well, you're wrong. It's over."

Cohen continued with his berating of the ASA:

"What I've forgotten in this business you will never learn," he said. "And the s--- you learn, you have no clue how to apply, and I'm done taking crap from you. Your witness tells me I look like this rapist, only worse? And that's all OK with you? … I'm not going to stand by and let you cause abuse to me. This is the last straw."

Judge Michael Rothschild sealed the transcript of Cohen's rant and struck it from the record of the case at a hearing two weeks ago.  On Friday, during a status conference on the case, Bogenschutz asked that it be unsealed so she could file a bar complaint against Cohen.

Rothschild also let everyone know his feelings on the matter:

"All the lawyers involved in the Bianculli matter are getting ridiculous, ridiculous -- the most unprofessional case I've had in my four years on the bench," Rothschild said. "The behavior of the lawyers in this case has almost become as terrible as the allegations in this case. And yes, I said that on the record."

You can read the entire story from Local 10 by going here.

CAPTAIN OUT .....
Captain4Justice@gmail.com







14 comments:

Anonymous said...

This post is horribly written, and I'm not sure what exactly happened. I'm guessing a defense Atty was told by a victim he looked / reminded her of the alleged rapist? So he mumbled fuck you? And the baby Asa wants to file a bar complaint. If this case happened 7 years ago, the victim is an adult now. Someone calls me a rapist I'm definitely going to them tell to fuck off, and not under my breath. If the Asa wants to file a bar complaint, fire one right back.

No Longer JAFI said...

"I've forgotten more [fill in the blank] then you'll ever know!"

I'm an old dude, but that argument is always lame.

Anonymous said...

Can someone edit this post. Not sure exactly what the author is conveying

CAPTAIN JUSTICE said...
This comment has been removed by the author.
CAPTAIN JUSTICE said...

Big sentencing today of Ex Sabado Gigante comic Adonis Losada. Judge gave him 153 years. Defense attorney was David Sisselman, who by all accounts did a magnificent job and would have won the case if his client has not taken the stand and buried himself. He took the stand against Sisselman's advice. That was made plain and clear in court.

Jury said after the verdict that they would have found him NG had Defendant not taken stand.

Losada apparently ripped into Sisselman today at sentencing. And the Judge backed up David and reminded Losada what the jury said they would have done if he had not taken stand. Judge gave praise to Sissleman calling his representation "superb".

Sentencing Judge was .....

Cap Out .....

CAPTAIN JUSTICE said...


While on the subject of questionable professional conduct by lawyers, here comes the Supreme Court with a suspension of 90 days ...

Snide emails to fellow lawyers have earned Fort Lauderdale attorney Nicol John Panebianco a 90-day suspension:

From the DBR:

"I'm gonna turn you into a soba noodle," he told opposing counsel Peter Sobota, the quip one of "numerous threatening, unprofessional emails" Panebianco sent daily, according to the Florida Bar.

The bar brought charges against him, and the matter was turned over to the Florida Supreme Court, which has the final word on attorney discipline.

Panebianco and Sobota crossed paths when Sobota represented Panebianco's landlord in a bid to evict Panebianco. Sobota took over the eviction case after Panebianco allegedly drove the original attorney to resign through threats and harassment, according to court documents.

The bar's 11-count complaint shows Panebianco had a penchant for movie references, taunting in all caps and riddling his messages with exclamation points.

Panebianco entered a conditional guilty plea. The Florida Supreme Court suspended Panebianco for 90 days beginning June 1 and placed him on three years' probation. It ordered several conditions, including an evaluation by Florida Lawyers Assistance, a review by the Diversion/Discipline Consultation Service, attendance at a trust accounting workshop and letters of apology to 13 people. Panebianco will also have to pay more than $10,409 in investigative costs and other fees.

The case against Panebianco details threats and personal insults in emails, telephone messages and court documents ...

http://www.dailybusinessreview.com/id=1202761747116/Attorney-Suspended-for-90-Days-Over-Comments?slreturn=20160606162657

Cap Out .....


Anonymous said...

Soba is a term for a Japanese buckwheat noodle, generally thin in composition.

Fake Alex Michaels said...

WTF is wrong with this? I mean, F-you to a prosecutor or piece of sh&t complainer who deserves it? Really? That's a problem in 2016? Really?
Dis is bullsheeeet

Anonymous said...

Go Jayne go, you go girl! to hell with the victims, she's just a kid who got raped, get over it. like bobby knight said, just law back, smile, and enjoy t he ride.

Anonymous said...

The worst part of this is your lawyer calling you a rapist in open court.

Second worst is being in the presence of Bogenshootsfromthehip's daughter. Miserable human. Terrible trial lawyer. Revered in Broward SAO.

Broward really sucks.

Jackie F'ing schwartz said...

wHAT THE FUCK IS THE PROBLEM WITH WHAT HE FUCKING SAID?

Anonymous said...

Hey Alex, can you translate that transcript into Romanian?

Anonymous said...

Agreed. Not the best trial lawyer

Anonymous said...

A dull, if well-connected, heir apparent after Satz loses and Weintraub and Cohen are both disbarred?