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

Wednesday, December 06, 2017

CARDONA CASE PLODDING ALONG

UPDATE: We are taking a lot of flack in the prior post for characterizing the prosecutor's opening as "with her voice quaking with emotion."
Blog comments call us sexist and also defend the prosecutor's opening, implying we were criticizing her opening. 
We did not intend to do either. You can review her opening here

A comment about her being emotional, in a case that is very emotional (the abusive death of a child) is fair, based on how she presented her opening- which in our opinion (which we never stated previously) was well done and professional. 

But we are open to a discussion on the matter- especially in this climate. Have we reached the point where we can only call a male lawyer's opening/closing "emotional" and that if we call a female lawyer's presentation "emotional" then we are sexist? We hope not. 

The Cardona case plods along, with lots of read backs of testimony with witnesses who are no longer available. 
Not a pleasant situation for either side to be in. 

On a different note, the Federalist Society (Motto: "We like Ayn Rand, we just don't read her philosophical writings because they are too complicated")  had a meeting/soiree last night (Tuesday), and every wanna be Federal Judge was present. Lawyers and Judges who have been nominated and Lawyers and Judges who want to be nominated. 

How soon until the litmus test for becoming a federal judge is whether they supported Roy Moore for Senate in Alabama? 

On that issue, when he was Judge Moore (a different shame for the legal community of Alabama) Moore wrote a screed in 2006 arguing that Representative Keith Ellison, a Muslim, who took the oath of office with his hand on the Koran, should not be seated and allowed to serve. 

So as we sit here today:
Harass Women: Qualified to serve. 
Date Women under 18, and as young as 14 while an adult male: Qualified to serve. 

Be A Religious Muslim: Not Qualified to serve. 

Welcome to Donald Trump and Roy Moore's America, 2017, which is why we end every blog post with a plea to Fight the Power. 



15 comments:

Anonymous said...

But of course Ted Kennedy, then a Senator and married, drove a woman he was going to have sex with off a bridge, slept it off in a local hotel, called his lawyer the next morning, and then blamed it all on his family's bad karma as she was left to drown. He is now praised by liberals as the Greatest Senator Ever. Read Senatorial Privilege by Leo Damore. You will want to vomit. Makes all these current philanderers seem like amateur hour.

Anonymous said...

Fuck the Federalist Society. The Founding Fathers must be rolling over in their graves to see what has come of their precious creation.

Millennial Me. said...

I'm becoming one of Rumpole's biggest critics. And I didn't think his comments were sexist. Watch the video- the prosecutor gets emotional because she wants to evoke those emotions in the jury. It was calculated and it was well done.

Sen Al Franken said...

Racist sexist pig. Totally sexist.
How can anyone stand to read his sexist crap?

Anonymous said...

I am a female ASA. I did not find "quaking with emotion" to be sexist or negative. A small child was abused and suffered a terrible death. I should hope that the prosecutor, male or female, would be emotional and would attempt to convey those feelings to the jury.

Look, there is sexism, racism, and a whole lot of wrong and unfair things said and done in this country. Let's not get bogged down manufacturing bogus slights when so many real ones exist.

Anonymous said...

Bravo to the State! When are closings???

Anonymous said...

Watching all those judges and want to be judges pay homage to the federalist society is disgusting. Liberal democracy is dead in the Americas save for Canada.

Anonymous said...

You are all morons, especially Millennial Me. It was not a sexist shot toward the prosecutor. Having said that, Rump was not even at the opening statement as the room was media and 95% young SAO (absent a few older Division Chiefs) and PDs (only noticed one senior PD not involved).

Only saw a few random people, and there was no one from RCA or who has been in private practice for more than a few years.

There is nothing more to her opening than that's just how she spoke. It was not a calculated inflection, and emotions were invoked the moment any of the pictures of the deceased child was shown. She could have stood up there and simply said "this woman killed her baby...here ya go" and the jury would get the point. There was no overselling.

When Millennial Me actually tries a real case than he/she can voice their critique and I will care.

Anonymous said...

The problem is that words matter. "Quake" means "shake or shudder with fear." You can see how your post can be interpreted.

The Federal Society soiree was a mediocrity parade.

Anonymous said...

Rumpole, do we know the final assignments/divisions the judges will be transferring into? Thanks I’m advance.

Anonymous said...

Dear December 7, 2017 at 12:53 am, your powers of observation are lacking, as is your ability to write a coherent thought. RCA and private defense bar members were also in the courtroom, and both the state and defense did a good job in openIng.

Anonymous said...

I don't think it was sexist to use the phrase "quaking with emotion". It was an accurate description. Some may have thought the trembling of the ASA's voice was intentional. I thought Ms. Hernandez sounded nervous. In my opinion, the opening was mediocre. This is a case about a child's murder! A baby getting killed! As a lawyer and a citizen--I want more, better. "Well done & professional" is just not enough for this kind of case. If this were the opening in a case where you or a member of your family were the victim, would you be satisfied with it, Rumpole? Has the bar been set so low at the SA's office that we think an opening delivered by a prosecutor with a shaky voice who flashes pictures at the jury and tells them that the "officers were outraged" is a job well done? Really? This kind of case, should be handled by the most experienced and talented trial lawyers. I think we are starting to get accustomed to mediocrity...

Anonymous said...

11:26, you're an idiot. Hernandez is one of the best lawyers at the SAO. KFR did a tremendous job selecting a trial team that would not cause yet another reversal. Carlos put two superior lawyers on the case. And Sayfie and Soto assigned it to one of the finest judges on the bench....if you think it is a coincidence De la O is presiding over this case, you are a bigger fool than I thought. Everyone assigned their best to this case to make sure the case ends once and for all. Maybe Rumpole should have said Hernandez' voice was FILLED with emotion, but her opening was not mediocre as the verdict will soon show. MOST important of all, the Third will affirm because the ASAs did their jobs professionally despite sniping from the likes of you. Moron!

Anonymous said...

Christine Hernandez is one of the best lawyers at the SAO. I’ll be shocked if she’s not STC soon. KFR needs to stop retreading her retirees and needs to develop and use the talent she has like Hernandez. She goes to trial more than anyone else in that office, and all she does is win. I was there at the Cardona opening, and her opening was amazing. It’s ridiculous that 11:26 PM called it mediocre. I can’t wait to see the closings.

Anonymous said...

as a current PD who watched the openings which is apparent you didn’t bc if you did you would have been blown away at her delivery and command of the facts. I have seen many openings and if I had the chance I would want Hernandez to represent my family. She is very respected by our office and not a pushover. The state has a great team on this one. But then again so do we. But your assessment is unfair and quite frankly not based on anything valid. Ask anyone who sat through the openings, beyond impressive from both sides.