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

Friday, July 29, 2016

NUTS




You think you have a hard job? Pity poor Herald Scribe David Ovalle who, in writing articles covering the legal community of Miami, must navigate unscrupulous clients, manipulative attorneys, judges who wander in hours after court was supposed to start, and, of course, the ever present watchful eye of the fearsome "National Peanut Board." (cue ominous  music)

Much to the delight and satisfaction of long time and careful blog reader Paul Cali, the Florida Bar recently filed complaints against Bernardo Roman and others for their shenanigans in representing the Miccosukee tribe.  After superb lawyering, Cali turned the tables on Roman and his clients, saving his clients Lewis and Tein from what had been nightmare civil proceedings, the allegations which, to quote our vice-president, "was a bunch of malarkey."

During a deposition in the case, a peanut problem arose, as is wont to happen. Part of the Herald's story is here.

The deposition was being overseen by a retired judge, Ellen Leesfield, who placed bowls of peanuts and pistachios on a conference room table at a Coral Gables law office. Roman’s clerk, Shenna Perez-Martin, announced that she was allergic to the nuts, and the bowls were moved to a reception room.
During a break in the deposition, Perez-Martin said she was having an allergic reaction just by having been near the nuts, according to the Bar complaint. In the reception room, she told Roman she was leaving to an urgent-care clinic for treatment.

At that moment, Lewis and Tein’s attorney, Paul Calli, emerged from the conference room, grabbed a handful of nuts and walked back, weaving between the two opposing lawyers. Perez-Martin left.
An hour later, after lunch was delivered, Roman called 911 to allege that Perez-Martin “was just the victim of a battery.”
“He purposely put pistachios in her food and in front of her, and she had to be taken to the hospital. That’s where she is, in urgent care right now,” Roman said, according to the Bar’s complaint.
But Perez-Martin told investigators that never happened — and that Roman got angry at her for not changing her story or agreeing to press charges, the report said. Judge Leesfield and another judge who were present said the whole episode “was a setup” by Roman to get Calli in trouble.

With a nose for news, and in the finest traditions of Wooward and Bernstein, Ovalle sunk his teeth into the story, peanuts, no butter, no jelly, and ended up with his groundbreaking reporting as listed above. 

We imagine Ovalle, after the story was printed, having repaired to some Herald watering hole, sharing with colleagues the mystery and intrigue involved in bringing the "Nuts" story to light. 

Then enter the National Peanut Board, who sent our hero this tweet:

Nixon had his enemies list, at the top of which was the Washington Post and their reporters. Now comes the National Peanut Board. 






Read
 more here: http://www.miamiherald.com/news/local/community/miami-dade/article91989482.html#storylink=cp

Wednesday, July 27, 2016

UNIFORM DRIVE

In this summer of hate, and shootings, and rantings and ravings and political conventions and speeches by Chachi and Duck Dynasty and mediocre female golfers  (and Bill Clinton, Michelle Obama, and President Obama) 
we here in Miami are trying to do a little good. 
Raising money to buy clothes for needy kids for the new school year. 
Go. 
Donate. 
Have a drink. 
Feel good about yourself. 











2nd Annual Uniform Drive
Thursday, August 4, 2016    
5:30 p.m. - 7:30 p.m.

Fado Irish Pub
The Shops at Mary Brickell Village
900 S. Miami Avenue
Miami, FL 33130

Hosted by:
DCBA Criminal Court Committee
Jude M. Faccidomo, Chair
&
League of Prosecutors
Marie E. Mato, President

Sponsored by:
Casanova  & Rasmussen, P.A.
  Jurney & De La Grana, P.A.
  Law Offices of Sabrina Puglisi
Ratzan & Faccidomo, LLC

RED LIGHT CAMERAS - THIRD DCA SPEAKS .....


THE CAPTAIN REPORTS:

RED LIGHT, GREEN LIGHT ..... IT'S A GREEN LIGHT FOR THE COUNTY IF YOU RESIDE IN MIAMI-DADE, FOR RED LIGHT TICKETS .....

So, for now, if you see this:



 
Then, you can expect to see this:

 


That's because, today, the Third District Court of Appeal, finally issued their long awaited opinion ruling on Judge Leifman's Order that dismissed a red light citation.  The case was heard before Judges Wells, Emas, and Logue, with Logue writing the opinion, that can be found here. (go to page 29 of the 36 page opinion to read the three certified questions).

In their opinion ruling against the driver and for the City of Aventura they "distinguish City of Hollywood v. Arem, 154 So. 3d 359 (Fla. 4th DCA 2014), in which the Fourth District dismissed a traffic citation on the grounds that a city’s process of using red light cameras gave unfettered discretion to a vendor."

But, "because of the broad public and institutional interest in red light cameras", they certified three issues to the Florida Supreme Court as having great public importance.  Judge Wells did not agree that the matter was of great public importance but she did agree to certify the case as being in conflict with the 4th DCA.

h/t DBR and they cover the story here.

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

Tuesday, July 26, 2016

"WE. WILL. RISE." .....


THE CAPTAIN REPORTS:

CORY BOOKER, YOUR NEXT BIG STAR OF THE DEMOCRACTIC PARTY .....

While some of you may be supporters of Hillary, and others may support The Donald, I think we can all agree, as trial attorneys, that we all love it when we get to watch great public speakers making great speeches.

Tonight, at the Democratic National Convention, the headliners included Elizabeth Warren (snoozer of a speech); Bernie "Can you feel the Bern" Sanders (did a very good job); FLOTUS Michelle Obama (did a fantastic job); and Senator Corey Booker.

In case you missed it, (he spoke before the ten o'clock hour), New Jersey Senator Corey Booker, who was on Clinton's "short list" for VP, spoke last night, and, well, let's just say he pulled a Giancarlo Stanton, and simply and purely, knocked it out of the park.

Here is his 20 minute "WE. WILL. RISE." speech, (the last five minutes are the best part):






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

Monday, July 25, 2016

IN COLD BLOOD

Here's our take on the police shooting an unarmed black therapist who was lying on his back with his hands in the air:

Trial and appellate courts often hold that people who the police claim consented to search had a right to refuse. 

We who actually practice criminal law know that is what is known as a legal fiction. Meaning that courts will rely on that while they damn well know that people who tell the police no are frequently beaten and/or arrested on trumped up charges. 

So here is our question: if a black man with a professional degree is shot in cold blood while he lay on his back with his hands in the air, how can any court really believe poor people of color can actually refuse a simple request from a law enforcement officer when this poor man begged police not to shoot him and they did anyway?

See you in court.  


Friday, July 22, 2016

Thursday, July 21, 2016

ANCHORS AWEIGH

Ahoy there matey!

Who is this swabby? Why is he running for judge?

Is it ethical to appear in active US Military uniform while running for judge? 

Should the official Navy Emblem be on his website?



We're sorry and most of our readers are too young to get the references, but when we first saw this, we laughed because the only images it brought up in our mind was Gilligan and McHale's Navy, neither of which are the type of serious thoughts a judicial poster should create. 

Avast and see you in court. 

Tuesday, July 19, 2016

WHEN WE ARE WRONG WE ARE WRONG

Yesterday we posted our disappointment in the speakers at the Republican National Convention. 

But then the wife of Donald Trump (motto "I'm de vife, del vit it")  spoke, and having filled her speech with the words of First Lady Michelle Obama from 2008, we are forced to reconsider our criticism. 

Sometimes when we're wrong, it just pays to admit it and move on. 

Monday, July 18, 2016

HAPPY DAYS

The first Republican president of the United States, Abraham Lincoln, is remembered for the Emancipation Proclamation,  his second "A house divided" inaugural address, and perhaps the greatest speech in recorded history: The Gettysburg Address.

Teddy Roosevelt, the 26th president of the United States, started construction of the Panama Canal, wrote and delivered the "Man in the Arena" speech much quoted on this humble blog, and won the Nobel Peace prize for helping end the Russian-Japanese War.

At the current Republican convention, someone who works with something called "Duck Dynasty" gave a prime time speech on the first night.

President Dwight David Eisenhower, wrote two speeches the night of June 1, 1944, one announcing the successful invasion of Europe, another announcing the failure of the invasion. Two nights later he made perhaps the most momentous decision of the twentieth century, giving the go-ahead for the Allied invasion of France, and as Winston Churchill opined, not the end, not the beginning of the end, but the end of the beginning of the Nazi occupation of Europe. As President, Eisenhower spent his farewell address warning the country about the rise of the "military-industrial complex."

Words matter. Speeches can change the world.
On June 12, 1987, Ronald Wilson Reagan stood in front of the Berlin Wall and said "Mr. Gorbachev, Tear Down This Wall!!!." Four years later, on December 25, 1991, the Soviet Union went out of existence, not with a bang, but a whimper.

Scott Baio, of Happy Days and Joanie Loves Chachi fame, also addressed the current Republican National Convention.

The Gettysburg Address. Roosevelt. Eisenhower. "Tear Down this wall!" And now Duck Dynasty and Joanie Loves Chachi.

There's nothing we can say that would ameliorate the enormity of this tragedy and the dumbing down of America and the Republican Party.  

Friday, July 15, 2016

SPOT THE ERROR

UPDATE: Trump/Pence phallic symbol quickly nixed as campaign logo as twitter erupts in laughter. 

As quickly as the T, penetrating the P made it's debut as the campaign's logo, it was removed when twitter users noted the obvious homo-erotic connotations of Trump penetrating Pence. 

Scratch San Francisco off the Trump ticket's target area in the upcoming campaign. And things seemed so promising. 


UPDATE VIDEO OF THE ESCAPE video


We've obtained a copy of the video of the escape.
We also have a copy of the statement of the State Attorney:
"This incident captured on video will not go unpunished. The SAO has endeavored to make clear that running in the courthouse will not be tolerated. It's a serious violation of the Fort Lauderdale county ordinance and we will prosecute this defendant to the fullest extent of the law."

Two different news organizations reported on the escape of an inmate in Broward County. 

Spot the error.

Wednesday, July 13, 2016

BREAKING NEWS ... JUDGE JACQUELINE SCHWARTZ RESIGNS ....

UPDATE: THE BEST FU EVER



Everything in life comes down to the Odd Couple. 
THE CAPTAIN REPORTS:

BREAKING NEWS ..... JUDGE JACQUELINE SCHWARTZ HAS RESIGNED* .....

In a surprising move, Miami-Dade County Court Judge Jacqueline Schwartz informed Governor Scott that she is resigning from the bench.  Rather than face continued scrutiny by the Florida Supreme Court, and an ongoing investigation by the JQC, which is in the midst of its inquiry into her most recent actions while on, and off, the bench, Schwartz chose to end the case, and her judicial career.

Judge Schwartz had a colorful history while serving on the bench in Miami-Dade County.

Schwartz became an attorney in 1992 and joined Yale Galanter's law firm as an associate.  After spending two years there, she broke out on her own for the next eight years.

In 2002 she announced for Group 19 of the County Court.  Her opponent, Eric Hendon.  In the September 2002 primary, she defeated Hendon 121,453 - 115,568.  She then ran, unopposed, for reelection in 2008.

In 2014, Schwartz drew two opponents: Frank Bocanegra and Rachel Dooley.  Schwartz garnered over 49% of the vote in the primary but Bocanegra forced her into a runoff.  In the runoff, Schwartz retained her seat by a 58% - 42% margin.

It was on election night 2014, November 4th, that the proverbial sh-t began to hit the fan.  On that night, her campaign manager  provided a statement to a Herald reporter, on behalf of Judge Schwartz, which stated:

 ..... that the voters seemed to have "gone past the days when any nondescript Hispanic could go on the ballot and defeat any Anglo sitting judge" .....

The statement was not well received.

Schwartz began her apology tour by issuing the following statement:

"I fully understand my comments could readily been seen as offensive to the community, something I never intended and that pains me greatly... I should have never issued the post-election statement that has, understandably, caused so much concern. I retract the statement completely"

Schwartz also appeared before the CABA Board of Directors to personally apologize for her comments.

Her problems didn't end there.  They actually began several months earlier in June of 2014.  You see, it was during that hotly contested 2014 campaign against Bocanegra and Dooley that Schwartz noticed a oversized campaign sign outside a Kwik Stop store in Miami.  Schwartz, not particularly caring for the fact that the Kwik Stop decided to support her opponent, went inside the store and confronted the store's owner.   Schwartz got into an argument with the owner, Firas Hussain, and eventually told him to "Go F--k yourself" and then threatened to sue him.

After the election, in February of 2015, the JQC filed formal charges against Schwartz for her conduct at the Kwik Stop store.  Schwartz and her attorney reached an agreement with the JQC whereby she would issue a written apology and be publicly reprimanded before the Florida Supreme Court.

But, the Florida Supreme Court rejected that resolution.  Finally, in April of 2015, Schwartz agreed to not only issuing the formal letter of apology, and the public reprimand, but also to a 30 day suspension and a fine of $10,000.  The public reprimand took place on December 9, 2015.  It didn't take long for Schwartz to step out of line yet again.

On March 18, 2016, at the Ergon Greek Restaurant, Schwartz was “acting in an irrational and disorderly manner,” slurring and spilling wine, according to a report. Miami paramedics and police were called to the scene and she told them they “couldn’t do anything” to her because she is a judge.  She continued her tirade:  “You are a f---ing idiot, you don’t know who I am,” she yelled at a waiter after she was refused more alcohol, according to a state investigative report.  The report also quoted the judge calling police officers “pigs” when they were summoned to the restaurant to investigate.

Ten days later, on March 28th, while sitting on the bench, according to a JQC Report on the matter:

“Court personnel, litigants and police officers waiting to testify observed that you were unsteady on your feet, slurring your words and unable to concentrate,”.  Chief Judge Bertila Soto ordered she go home. Schwartz insisted she could drive herself, but her bailiff ultimately took her. The investigation revealed that she could not remember her own address.

The JQC opened their newest investigation into Judge Schwartz' latest antics on April 18th, issuing new formal charges.  The following day, on April 19th, the Florida Supreme Court issued an emergency Order that stated, in part: 

"Judge Jacqueline Schwartz is hereby immediately suspended from office with pay pending disposition of this proceeding. The parties shall file simultaneous responses as to why Judge Schwartz should not be suspended without pay pending disposition of this proceeding"

On June 30, 2016, the Florida Supreme Court issued a new ruling, stating:

"Having considered the parties' responses and the applicable law, the suspension of Judge Schwartz shall remain with pay pending disposition of this proceeding".

Surprisingly, Schwartz chose to resign rather than continue her battle to retain her job.  She was represented throughout the JQC proceedings by attorney Jeffrey Feiler.

So, now, the JNC will begin the process of accepting applications, interviewing attorneys, and sending names up to Governor Scott who will eventually name her replacement.

*The resignation is effective as of July 31, 2016.

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





Read more here: http://www.miamiherald.com/news/local/community/miami-dade/article72521987.html#storylink=cpy

Read more here: http://www.miamiherald.com/news/local/community/miami-dade/article72521987.html#storylink=cpy

Read more here: http://www.miamiherald.com/news/local/community/miami-dade/article72521987.html#storylink=cpy

Tuesday, July 12, 2016

WHO FEELS SAFER?

The last time we wrote a post five Dallas police officers had just been murdered in an ambush. 

Since then, a defendant in Illinois grabbed a gun and murdered two bailiffs in court, and currently during the afternoon of Tuesday, the U.S. Capital is on lock down with a security threat. 

Two sets of law enforcement officers killed by a gunman. 
Just wondering about all those gun enthusiasts who argued that the solution to the massacre in the Orlando nightclub was more people being armed. 

Armed officers didn't seem to be able to stop the murders in Dallas and Illinois. 

And now we have armed officers in the REGJB walking around with assault rifles.

Who feels safer?

The Notorious RBG gave an interview over the weekend and trashed The Donald. 

Trump reacted by calling for Ginsburg to apologize, resign, and go to work on a crew building a wall in Texas. 
Query: Supreme Court Justices out of bounds commenting on presidential candidates? Or is their role just limited to stopping recounts when their party's candidate is in trouble? 

Trump to announce his VP pick this week. 

The summer keeps getting hotter and longer, and still no real leader in sight. 

See You In Court. 


Monday, July 11, 2016

WE ALL INHABIT THIS SAME SMALL PLANET

On June 10, 1963, President Kennedy, fresh off the Cuban Missile Crisis which brought the world to the brink of nuclear Armageddon (at one point the Pentagon went to DefCon2), spoke at the spring commencement at the American University in favor of a proposed nuclear test-ban treaty with the Soviet Union. His words, sixty-three years later, are more poignant than ever:

"I am talking about a genuine peace. The type of peace that makes life on earth worth living...Not just peace in our time, but peace for all time...For in he final analysis, our most basic common link is that we all inhabit this small planet. We all breathe the same air. We all cherish our children's future. And we are all mortals."
 


The  best recent account of the Cuban Missile Crisis is contained in the new biography of Robert Kennedy: Robert Kennedy, His Life, By Evan Thomas (2013). We highly recommend it . 

See You In Court. 

Friday, July 08, 2016

AMBUSH AND DEATH IN DALLAS


UPDATE: A thought:

When the Orlando nightclub tragedy occurred (remember that? All these multiple gun massacres are starting to blend into one another) the Second Amendment enthusiasts ("Life, liberty and the pursuit of firearms") all opined that the solution to the Orlando Nightclub massacre was more guns. If only liberal, pinko Obama would stop passing laws taking guns out of the hands of good and god and Muslim fearing Americans, then these tragedies wouldn't happen because they would be quickly ended by a good American with a gun. 

Query: One nut killed five, trained and armed police officers, and shot seven more. And no one shot and killed him. Why? 
Hmmm...

Maybe being armed is not the solution. Maybe removing a few million of the guns floating around the streets just might be the answer. Seems to work in Europe. 


“Even in our sleep, pain which cannot forget
falls drop by drop upon the heart
until, in our own despair, against our will,
comes wisdom through the awful grace of God.

Aeschylus. 


The summer of 2016 is turning into the summer of 1968. 

This is not good. 

Today we awoke to a tragedy in Dallas, where  five police officers were murdered, and others have been injured in a cold blooded ambush.  Earlier in the week all of us were transfixed, and many of us angered, by the actions of police officers in Louisiana and Minnesota where police officers took the lives of innocent men. 

It has to end. Here's how the end begins:

We need to go beyond the labels of police officers, suspects, defendants, civilians, Americans, Muslims, Arabs, Christians or Jews and start with this: we are humans.  We wake up in the morning to live our life, love our family, and return home at night to start it all over again the next day. We laugh, we cry, we listen to music, or paint, or cook, or read, and we have hopes, and dreams and desires and fears. 

If you cut us, we bleed. 

If you smile at us as we pass you on the street, we smile back. 
But if you curse us, we get angry.

We all want the same thing- to live a long, healthy, productive , meaningful life, and leave this world a little better off than we found it when our time on this earth is over. 

Once we understand and accept our humanity, we can see people as people, and not the artificial labels we place on each other. Five cops didn't die in Dallas Friday morning. Five human beings died. Human beings who loved their family, and who woke up to start their day without any inkling that their life was about to end. 

Five human beings died in Dallas Friday morning who had every right to live their life to the fullest. Just like a human being died in Minnesota this week, and another in Louisiana. All  of these men are united by one simple fact- they were human beings who had every right to live their life and their life was ended. Their life was ended by evil, or intolerance, or fear, or misunderstanding, because those who ended their lives didn't see them as people- they saw them as cops, or perps, or black males, or suspects. 

That's how evil and fear start- by de-humanizing people by applying labels that are meaningless. 

We are a nation on edge. 

We are a world in crisis. 

This has to end. 

Where is our Bobby Kennedy? 

Thursday, July 07, 2016

FLORIDA SUPREME COURT IN RECESS & WADE GONE

Soooo....let's see what's going on. 

The Stockade is shut down. All inmates have been moved. The 1970's-ish -Southern-dusty-town-motel-looking structure is closed. 
Nobody will miss it. 

Facebook is now streaming police shootings liveAnd driving with a broken tail light will get you shot and killed in Minnesota.  If you're black, that is. 

The Florida Supreme Court (Motto: umm...we don't have a motto but we'll get around to it soon...) has adjourned for their summer vacation. Iced teas and mint juleps  on the Cape anyone? 

The court has not decided a pending case on Florida's flawed death penalty statute. And of course the status of embattled Miami-Dade F'ing County Court Judge Jackie Schwartz has not been resolved. 

Three justices face merit retention in November: 
Chief Justice Jorge Labarga, Justice Charles Canady and Justice Ricky Polston. Just doesn't seem like a great time to be on the ballot, even for merit retention. 

Donald Trump isn't an anti-semite.  His Orthodox Jewish son-in-law says so.  Oy-vay. 

It's 150 degrees outside and male lawyers still have to wear a jacket and tie to court in Miami. 

And congress, not known for acting with alacrity (they recently concluded hearings into whether Alaska should have a pipeline) somehow managed to get the FBI director on the Hill today, less than a week after the FBI declined to recommend  that Hillary Clinton be prosecuted for stealing gum when she was 12. And some email thing as well. 


EVERYBODY LOVES DWAYNE


Cry-baby Dwayne Wade decided the Heat didn't have a chance to win next year, and unable to Rig-the system, like he did with fellow cheater Lebron something-or-other, Wade showed his loyalty and love for his fellow Miamians, by taking more money and leaving to Chicago. 
But all you Miami Heat bandwagon jumping fans who pledged loyalty and swore they always went to all the games, even when the cheating Heat weren't winning, will still be going to the games, right? 

Somebody has to keep true Heat Fan Judge Colodny company. 


It's going to be a long, hot summer. Enjoy. 

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







Tuesday, July 05, 2016

5TH OF JULY 2016

Court's open and we're back in business. 

Here's a new feature: a body cam arrest of the day.


And what better way to start than with cash, weed, and an adult entertainer? 





See you in court, soon.

Sunday, July 03, 2016

4th of July 2016

RULE BRITANNIA! BRITANNIA WE ARE FREE...

woops. Wrong Holiday. Wrong continent. 


HAPPY FOURTH OF JULY. 
Image result for 4TH FIREWORKS


When in the course of human events, it becomes necessary for one people to dissolve the political bands which have connected them with another, and to assume among the powers of the earth, the separate and equal station to which the laws of nature and of nature's God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation.






 Image result for 4TH FIREWORKS


That all men are created equal*; that they are endowed by their Creator with certain unalienable rights; that among these are life, liberty, and the pursuit of happiness; that, to secure these rights, governments are instituted among men, deriving their just powers from the consent of the governed; that whenever any form of government becomes destructive of these ends, it is the right of the people to alter or to abolish it, and to institute new government, laying its foundation on such principles, and organizing its powers in such form, as to them shall seem most likely to effect their safety and happiness. Prudence, indeed, will dictate that governments long established should not be changed for light and transient causes; and accordingly all experience hath shown that mankind are more disposed to suffer, while evils are sufferable than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same object, evinces a design to reduce them under absolute despotism, it is their right, it is their duty, to throw off such government, and to provide new guards for their future security. Such has been the patient sufferance of these colonies; and such is now the necessity which constrains them to alter their former systems of government. 

Here's a rundown on the presidential candidates schedules for the holiday:
Hillary Clinton has a series of campaign stops where she will discuss her newly released proposals for climate change and the economy. She will march in a 4th of July Parade. 

Donald Trump will appear on Fox T.V and call Clinton dirty, tricky, slimy, and a "mushhead". He will also darkly speculate on what Vince Foster knew about Barak Obama's birth-certificate and where Obama was when Foster committed "suicide". 

Gary Johnson will just want someone to please please interview him. 



No court  Monday. Anybody stupid enough to set a trial for Tuesday? Not us, so we won't see you in  court. 


* well, not "all men", just white men.