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

Monday, March 20, 2017

HOT WATER

Darren Rainey was an inmate at Dade Correctional Institute.  On June 23, 2012, he died while locked in a hot shower.

Almost five years later the Dade State Attorneys Office is giving the guards and staff at DCI a pass.
If you have insomnia and need help falling asleep then read the report. If you want to skip the gobble-gook butt-covering bureaucratic double speak, then just skip to the Dr. Lew's ME's report which is, in our humble opinion, a complete abandonment of an ME's job.

The deceased had atherosclerosis? What 50 year old poor black man in America doesn't have some calcium in his arteries? So that, along with his underlying schizophrenia caused the ME, after much hand-wringing and dithering and Macbeth-like indecision, the ME came to the conclusion that the mentally disabled inmate who was locked in a hot shower for an extended period of time died...accidentally.

Blame the SAO if you will, but the fault dear Brutus, lies in the ME not the SAO. We've never seen an autopsy protocol that screams "decision to fit the facts" like this one. But that's our opinion. You can read the report and arrive at your own opinion.

From Occupied America...Fight the Power!



35 comments:

Anonymous said...

Lew is a tool, has been for years. wish rainey's family had money for an independent autopsy. that wouild be something to crowd fund

ABE LAESER said...

I read it. He was alive at 9:00, a full 90 minutes after being in the shower - getting a bar of soap. He was head 30 minutes later. The reason he was first getting soap was that he stood in the corner of the room and completely avoided the water. When found he had no injuries, no signs of beating or torture, nor signs of scalding by the water. Rainey was face up in three inches of water, since he had fallen over the drain. He was completely motionless; yet the guards immediately began CPR and called for medical help. In fact, they worked so hard to revive him that there was evidence of skin slippage where they applied compression -- a function of the existence of death and external pressure.

I cannot fathom why the report took five years, but the Medical Examiner found this to be without external causation. Do you claim to know better?

Your complaint is precisely how I feel about a tweet that says the President Obama wiretapped the present occupant of the White House. Interesting fodder for barroom conversation, but fully bereft of fact.

Anonymous said...

That's Emma Lew for you. She will go along with any theory you tell her to.

Anonymous said...

Anyone who has confronted Dr. Lew in court well knows she is total police and in her report has covered up the murder of the inmate to protect law enforcement...

Anonymous said...

Congrats ASAs, you work at an office that will go to the mat to prosecute a guy with a couple of marijuana plants in his closet, but turns a blind eye when the Department of Corrections tortures and murders a mentally ill inmate. Stand tall, wear that badge with pride.

Anonymous said...

Represented the family of an inmate who allegedly commuted suicide. The ME failed, of course, to note in her report that a drinking straw that was sticking out of his penis. Seems now when inmates are tortured and murdered, its really a suicide according to the ME.

Anonymous said...

Absolutely agree with 1:38. Anyone who works for Miami SAO should be ashamed of themselves for coverup after coverup. When is the last time they prosecuted anyone in corrections or law enforcement?

Anonymous said...

This is all very scary. She is now the Chief Medical Examiner of Miami-dade County. Did anybody know that?

Anonymous said...

Always amusing to see people who constantly argue about the need to treat people as individuals hypocritically brand all cops, prosecutors, etc. with the same broad brush and/or act as if every one of them condones/is responsible for the misdeeds of one (or the few). You guys are ridiculous.

That aside, Abe nailed it.

BTDT

the trialmaster said...

Joe Davis MD must be rolling over in his grave if he knew she was now the "chief ME"

Term Limit said...

Google Miami Beach cop Philippe Archer who has caused his city to be sued about 5 times because he beat the crap out of people while on duty and then lied about it. KFR know's about this guy but yet refuses to prosecute him. As the others have said go all out on dude with a bag of weed but ignore the rogue LEO's of our community.

Rumpole said...

Mr. Laeser- the "skin slip" issue concerns me. I am of the opinion that such a condition is caused by, inter alia, scalding water. I am also of the belief that the evidence of mild scalding - which would be sufficient to cause or trigger his medical issues, is hard to detect.

What I do know for sure is this- evidence of some artery plaque is a ridiculous cause of death absent an MCI which was not apparent. Meaning, Dr. Lew somehow has arrived at the conclusion that although he had plaque in his arteries, - which some 100 million people who take statins everyday also have- this equates to a serious an undiagnosed heart condition which then caused an arrhythmia? I don't buy it. I need more than some plaque in the arteries to buy the heart attack theory here. Meanwhile he's locked in a hot shower.

Anonymous said...

Weren't all the nazi soldiers responsible for the holocaust? If you are an ASA who works in an office that refuses to hold law enforcement to the same standard as citizens, you are complicit. You are culpable.

From occupied America.

Anonymous said...

813 PM

TO quote the late great Sgt Hulka "lighten up francis"

Anonymous said...

C'mon folks ... This is one of the most disturbing incidents I have encountered in over 30 years of practice in the Miami criminal courts. The fact that a jury will not get to decide the "facts" is beyond scandalous, and KFR's "legacy" will be greatly impacted. Black lives DO matter, but apparently not to that office. If the victim were a middle class white man, you bet there would have been a different outcome. Also, despite Abe's post, you can bet that if HE were the one investigating this offensive-on-every-level tragedy, there would have been an indictment. Hoorah to Abe for defending his former boss, but his post is what is "fully bereft of fact".

A mediocre prosecutor could get convictions in this case, including obstruction of justice and perjury for the good Dr. Lew.

As the immortal Bernie Mac used to say, "I'm just sayin' what you can't".

Don't let this go, Rump ...

Anonymous said...

I once danced with Dr. Lew at a holiday party. She reached down, grabbed my crotch and said, "sir, your genitalia are unremarkable." I was crushed.

Anonymous said...

As sad as the inmates death makes me, i'm also saddened by the absolute shit state of race relations in this country. The new times headline that sparked debate this screams that the deceased is black. Silent on the fact that the DOC officers are black too.

So it matters only insofar as the left can use it as fuel for BLM nonsense. Sad!

Rumpole said...

9:19 I do not necessarily agree. No matter how odious the defendant, we do not (or should not, as I have seen it done countless times) just arrest someone, throw the facts up before a jury and see what sticks. This is NOT Broward afterall where such actions are common.
If I were State Attorney (lord forbid) I would not allow anyone to be arrested on these "facts" with an ME report like this. There is NOT PC to arrest anyone here.

I have two faults with this investigation. First and foremost, the ME report stinks. It smells. It reeks of a coverup. I would want an independent ME to review the evidence. Second, and people other than Mr. Laeser aren't considering this, the only real eyewitness is an inmate who apparently had a serious bone to pick. This is where the homicide investigators are at fault. By hinging their investigation on someone who is not credible, they made it very easy for the SAO to walk away from the case. This does not appear to be a profession investigation aimed at uncovering the truth. Rather, it was cops walking through the motions, doing what they had to, not caring if a murder went un-prosecuted.

As others have noted, we see more prosecutorial passion about a lousy ten plant marijuana grow house than in this tragedy.

Anonymous said...

BLM has their own anti white agenda.

Anonymous said...

Rundle needs the support of LEO unions to win elections. That's why she doesn't prosecute LEOs.

Dr. Lew is Rundle's tool. We should all kick in some bucks for an independent autopsy of Mr. Rainey.

Rumpole, why not use this blog to raise $ for IME. If someone independent corroborates Lew's findings, fine. If not, she should be exposed. And DOC should be held accountable for torture/murder of an impoverished mentally-ill black man. The question isn't whether his torturers were also black. The question is whether the state would be allowed to cover-up the torture/murder of a middle-class mentally-ill white man.

Anonymous said...

7:58 a.m. -- whatis your evidence for asserting that "BLM has their own anti white agenda." I'm familiar with BLM agenda, I'm white, and I have no clue what you're talking about.

Anonymous said...

Captain, is the list of third DCA applicants out yet?

Anonymous said...

What would it take for KFR to lose an election?

Anonymous said...

To those of you condemning ASAs or suggesting that all ASAs are complicit in what appears to be an injustice- tell me what you think we should do about it? As an ASA of several years, I can tell you that I've only seen KFR on three occasions: 1) my third interview while I was still in law school; 2) her coronation ceremony last month; 3) one time when I was asked to exit an elevator because KFR rides alone. Do you really think that all but a couple ASAs have any power to do anything? Seriously, tell me what we should do. Because I agree with many of you that the investigation/decisions on this case don't appear to be just. But what am I supposed to do about that without risking my own livelihood?

Anonymous said...

Is this all a CYA maneuver because the State, if they weren't going to charge Murder, blew the Statute of Limitations by taking so long to conclude the investigation?

Anonymous said...

The fact that the State Attorneys office sat on this five years taints the report regardless of outcome.

Anonymous said...

@ 3/21--9:35 am, here is the list of applicants for 3d DCA. Just posted on Fla. Bar Website:

Thursday, March 30, 2017
Commission will convene at 2:00 p.m. (Non-public)

INTERVIEWS:

3:00 p.m. – 3:30 p.m. Jonathan D. Colan
3:40 p.m. – 4:10 p.m. Judge Abby Cynamon
4:20 p.m. – 4:50 p.m. Michael J. Dono
5:00 p.m. – 5:30 p.m. Judge Monica Gordo
5:40 p.m. – 6:10 p.m. John A. Greco
6:20 p.m. – 6:50 p.m. Judge Eric W. Hendon
7:00 p.m. – 7:30 p.m. Susan Scrivani Lerner
7:40 p.m. – 8:10 p.m. Judge Norma S. Lindsey

Friday, March 31, 2017
Commission will convene at 7:00 a.m. (Non-public)

INTERVIEWS:

8:00 a.m. – 8:30 a.m. Fleur J. Lobree
8:40 a.m. – 9:10 a.m. Roberta C. Mandel
9:20 a.m. – 9:50 a.m. Judge Bronwyn C. Miller
10:00 a.m. – 10:30 a.m. Lisette M. Reid
10:40 a.m. – 11:10 a.m. Oren Rosenthal
11:20 a.m. – 11:50 a.m. Judge Daryl E. Trawick
12:00 p.m. – 12:30 p.m. Judge Angelica D. Zayas

Anonymous said...

1:28: Do you think KFR will remember who you were and that you were asked to leave the elevator? Didn't think so. She's a self-interested Queen. Chris Rundle got out while the getting was good and is living a beautiful life in VT.

Anonymous said...

You have a moral obligation to find another position. If you wish to remain a prosecutor, work for an office that serves justice - not the PBA. If you continue to work for a corrupt SAO, you risk more than your livelihood. Ultimately, you risk your peace of mind and your ability to sleep at night. I once worked for KFR. My conscience is clear now that I am one my own.

Anonymous said...

1:28: You should do what a German soldier during the 40s should have done. Quit. And if you find that analogy trite, go read the "The New Jim Crow," and then tally up on any given week what percentage of inmates in the box for arraignment are black and then compare that to the county's demographics.

You are a part of a system that in due course will be discussed in the same breath as segregation. Quit, or be (even more) complicit.

Anonymous said...

Here are some questions for you my friend Rumpy:

1. Why does the State e-file discovery notices but not the actual discovery, which they send to you by snail mail? Even Broweird e-files the entire discovery package. Don't they have scanners or copies that scan documents or are they just supporting the U.S. Postal Service? Think of all the money they would save on postage!
2. Do you really believe that KFR refuses to ride the elevator with her assistants? She may be more a politician than a lawyer now but she is not that full of herself.
3. What is it with judges and their J.A.s, who refuse to accept motions by e-filing or email? I had a motion e-filed with a courtesy copy emailed to the J.A. with a proposed order. They don't respond. When I have my paralegal inquire, she is told that we needed to MAIL a copy of the motion, proposed order (3 copies) and self-addressed, postage paid envelopes for us and the SAO. Are we practicing in the 1950's? Should I send over some carbon paper?

Just call me "Frustrated"

Anonymous said...

Are you serious that Monica Gordo is interviewing for the 3rd Dca? That has to be a typo

Anonymous said...

There is no statute of limitations for murder or any felony death case. Research before you write.

Anonymous said...

Monica Gordo who dismisses counts of Civil Theft pursuant to motions to dismiss, when the complaints have the civil theft notice attached to it? Yeah, she's fit to be on the 3rd DCA alright.

Anonymous said...

A moral obligation to leave the SAO or be complicit? Godwin's law in action here with the Hitler analogy.

Change, especially if it is sustainable, happens gradually. What better way is there to do this than from the inside? Is everyone in government complicit with Trump also? Thankfully we have people who disagree with Trump working in the government because they realize the best way to make a difference is to play their roles.