JUSTICE BUILDING BLOG

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. POST YOUR COMMENTS, OR SEND RUMPOLE A PRIVATE EMAIL AT HOWARDROARK21@GMAIL.COM. Winner of the prestigious Cushing Left Anterior Descending Artery Award.

Tuesday, February 12, 2019

THE LION ROARS IN WINTER

It was standing room only in the courtroom of  US district court judge(and former REGJB ASA and then state court judge) Bob Scola Tuesday morning as AUSA Elizabeth Young rose and addressed the jurors in USA v. Philip Esformes, who is charged with masterminding and orchestrating a billion dollar nursing home/medical fraud and bribery scheme. 
But it wasn't Ms. Young that dozens of courthouse denizens had packed the courtroom to see. It was to see the lion in winter roar once more. 

And so Roy Black, Esq., counsel for the defendant, walked to address the jury once more, exuding confidence, representing a client against a powerful opponent. 

There was a swagger in his gait, his trademark bonhomie tempered with scorn for the government's case, each word carefully chosen based on decades of experience as to how they would fall upon the ears of the jurors. Each gesture planned and  practiced, the cadence developed from a life time of studying the great orators of history, from General MacArthur to the great litigators of the last century like Lee Bailey and Edward Bennett Williams: "They have stacked their case with con artists, liars, fraudsters...(pause for effect) even drug dealers..." the eyebrow raised, the eyes searching the jurors for the impact of the words. 
This was the master plying his trade. da Vinci pausing before the blank canvas, art waiting to be created. The jurors and the facts, lumps of clay just waiting for the hands of Rodin to mold and sculpt to his will. 

Eight grueling weeks of trial remain on the horizon. Scores of allegations about bribes and false diagnoses, a rogues gallery of cooperating witnesses, and reams of spreadsheets with billings, and profits and losses compiled by a government on the hunt. A defense attorney with his famous "files system" in which each witness, each charge, each issue, gets its own file, into which facts which he will need in the weeks ahead have been carefully stored. No electronic wizardry here. Old school defense at its finest. 

Mr. Black is not alone in his defense. He leads a team of exceptionally talented lawyers, led by the master who humbly told the jury "we will try to expose all that we can."

What wonderful words to say to a jury in opening statement!
 The implication that the government holds all the cards. The use of the word "expose" connoting the idea that the government has hid their dirty deeds and those of their witnesses. 

Take an afternoon off. Go over to the federal courthouse and pay the exorbitant parking fees and watch how a lawyer defends his client. Observe how a lawyer who sees the chessboard a dozen moves in advance ply's his trade. 

The lion roars in winter once more.  


19 comments:

Anonymous said...

This is Jimmy Breslinesque. A Runyon reporting job. Roy is not the only master on display. We have a writer of immense talent who brings us into the courtroom. I can almost see Roy making those words "and even drug dealers" fall heavily upon the ears of jurors.
Great work Rumpy. Keep it up.

Anonymous said...

I love "They have stacked their case with con artists, liars, fraudsters...(pause for effect) even drug dealers..."

However I'm not a fan at all of "we will try to expose all that we can."

Its too wimpy, and out of place for a wealthy defendant in a case about this much money. Perhaps they are tempering expectations. But in real life the jury wants the uber rich guy to prove his innocence, not just get an A for effort for giving it a good shot.

I much prefer george zimmermans atty who said, in substance, the state will not only not prove him guilty beyond a reasonable doubt, we who have no burden will nevertheless happily prove him innocent beyond a reasoanable doubt. The latter is more forceful.

Johnny cochran conceded nothing. He would never say "well give it a try."

Anonymous said...

Only Rumpole can write about an opening statement and use da Vinici and Rodin and make it work. He is the best. No one comes close.
Write Rumpole Write!

Real Fake Former Judge said...

Pulitzer? Did I mention that I dated Roxanne Pulitzer before becoming affianced with the hottest star in Hollywood?

Rumpole said...

9:43 your points are valid. There are two different strategies in defense. We have used them both successfully. In a self defense case, a defense attorney wants to tell the jury and should tell the jury WE WILL PROVE TO YOU OUR CLIENT ACTED IN SELF DEFENSE

In a different vein, when facing the US government in a massive case, it's good to let the jury sympathize with you. It's important to remind them that the US is the most powerful entity in the history of the world. So when some hapless Fed testifies "we couldn't record that statement" the defense attorney should stop in mock surprise and ask

You work for the US government?
They pay you?
The same government that landed men on the moon?
The same government that developed the space shuttle?
The same government that funded the scientists that split the atom and created the atomic bomb?
And now this government didn't have a tape recorder or access to an iPhone where you could have taken your finger and hit the record button? HOW IS THAT POSSIBLE? HOW DID WE FALL SO FAR SO FAST?

Anonymous said...

You do the "we landed on the moon" cross? Oh brother that's lame.

Rumpole said...

Well, see the thing is I try cases. I don't run to the US attorneys office after the check clears with my tail between my leg begging for a plea. So it's hard to discus trial strategy or cross examination theories with someone like yourself who only knows how to stand up at a change of plea hearing trying to look like a real lawyer.

Anonymous said...

You try cases and use "we landed on the moon?" You must do appeals as well.

Rumpole said...

I do. Thank you for keeping me busy with your clients.

PD3 said...

OMG Rumpole is just so much smarter than these mopes who fight with him. It's funny.

Anonymous said...

You should have left Bailey out and added the late Jay Hogan. Nobody and i mean nobody did it better.

Rumpole said...

Point well taken. He and Stephen Bronis were two of the finest criminal defense attorneys in this town for decades.

CAPTAIN JUSTICE said...

I always admired the way Sharpstein communicated with juries. He was one of our best. G-d rest his soul.

Anonymous said...

I'm amused by the criticism of Roy's statement that "we will try to expose all that we can." First, Roy preps his cases as well as anyone. You can trust that he carefully reviewed the evidence and developed a cohesive strategy that will serve his client well. He knows the case FAR better than any of us. I think it's more than premature to assume that his statement was a poor choice. Second, I think the criticism misses the point. When Roy made the statement he was not-so-subtly telling the jury that the police and/or state is/are hiding the evidence from them and making it impossible for the defense to expose everything. This invites the jury to speculate on what's missing. There's nothing "weak" about that.

BTDT

Anonymous said...

Another viewpoint is that “we will try to expose all that we can” leaves the jury wondering what the hell else is out there that we don’t know about. Just fuels reasonable doubt.

Anonymous said...

Bronis was never a top notch trial attorney Steve was and is a good lawyer on motions ect. But never distinguished himself either at the PD or Zuckerman

Anonymous said...

BTDT,
"I'm amused" ? How could you, sir. Do you even blog here? You DARE to suggest my take is wrong because, well, Mr. Roy preps his cases like super good? He's also subtly inviting the jury to speculate? PLEASE. Were talking about a jury here. They will see with their own eyes uber rich guy and will hear about his millions all day long, as they go home each day with $50 bucks for their time. They will see his TEAM of fancy attorneys in their fancy suits fighting tooth and nail and wasting their time with countless sidebars and they will see a fair fight, no matter how much Mr. Roy wants to pretend it's not. The line is beyond weak ...it is big league weak ... like your non existant blogging.

Anonymous said...

Meh, he was good in his day. But that day was awhile ago. He now just phones it in with a lot of well-paid lackeys doing the grunt work. He then strolls into court and expects everyone to genuflect to him like he is legal royalty. More people know him from his wife's work on Real Housewives than for his legal acumen. Pay enough people enough money, and you've got a winning ticket in court. He's not a bad guy, and he was a good lawyer, but he ain't no lion. The current lions are the public defenders and hungry private attorneys who put it all out there on the line for their clients. Not this rich guy.

Anonymous said...

LMFAO

BTDT