Friday was the day the great Sy Gaer passed away in 2007. If you do not know who he is, we would almost be inclined to ban you from the blog. But instead you can go to the courthouse, and opposite the elevators on ...never mind you cannot do that either.
Sy was an REGJB original. One and only and there will never be another. He was as we say in the law "Sui Generis."
He was bombastic; he was at times a caricature of a criminal defense attorney, but he was also very very good. And what many people do not know about him is that he had a heart of gold. He was there for lawyers- young and old- who had slipped and fallen- with a new case to help them get back on their feet, and encouragement and a few bucks if needed.
It's hard to believe it has been thirteen years. The REGJB still does not seem the same without him and for many of us it never will. Here's the thing- a lawyer could have tried a case every week since the day Sy passed on and s/he would still not have tried 10% of the cases Sy tried in his career.
There isn't a day that goes by that we do not miss him. Rest in peace old friend. You are missed.
24 comments:
Runpole -
Sy Gaer was one of those incredible human beings that you only meet once in your life. I have countless stories as to how he guided me as a young Judge. He saw that I was being mentored by “the wrong element” of older Judges. He didn’t like what he saw. He recognized my vulnerability. Without going into details - he saved my career - and my life. He steered me to stay on the right track and to always do the right thing - even when no one was watching.
God bless you Mr. Gaer. You saved many lawyers and non lawyers with your guidance, kindness and gentle caring. You really did care Sy. I will be grateful to you until my last breath for keeping me safe.
I was young pd and remember sy going to court and when the state would offer a plea that was very high to a client who had more priors than one could imagine, he would make a closing at the podium and say this is travesty of justice. The young ones today missed him but he was a legend.
Back in the day we had "morning back-up" and "afternoon back-up"-Judges that only tried cases without having to deal with a calendar. One morning (back-up) Judge Carney (another classic) asked Sy and I (young ASA) if we could go over a little into the afternoon. Sy indicated he couldn't because he was in trial in afternoon back-up and had to report in five minutes.
While Sy was indeed a character-- he was not a great example for young lawyers. He never took depos, filed motions and handled mainly cases for the indigent or near indigent. He was never in federal court and he would never have gotten away with his antics there or in other jurisdictions. In short, he was a walking Rule 3. However, I do miss him and other characters like "Stormin" Norman Haft, Tom Duff. Gino Negretti, Don Frost,ALvin " the warlock" Goodman, Jerry Mosca among others.
"That's not a plea offer that's a declaration of war." -Sy Gaer.
Voting today I reminisced about Judge Henry Harnage. For those who do not recall, Harnage was the judge who handled Joe Carollo's divorce. Harnage played the favorites game, favoring Carollo's ex and her attorney, screwing Joe Carollo over. Harnage was up for election shortly thereafter. Peter Adrain Camacho ran against Hanage and destroyed Harnage at the polls. Harnage was generally a good man, but listened to the wrong advice. Ce la vie; Ce la moral de la vie; Ce la karma.
You are 100% wrong trialmaster. I will take these 1 by 1. First, he tried cases in federal court and was the same lawyer and won a lot of them. Second, not only did he file motions, he read case law every week. You did not know him because you are talking about the caricature of Sy which was NOT Sy. He was not a rule 3, he won a ton of cases- I am sure he had more NGs than total cases you tried. As a younger man he tried cases around the country. When I was just starting in the mid-1980's he befriended me as a young prosecutor and he had a series of murder cases in California that he won and he was adored out there from what I saw.
So in every aspect you clearly did not know Sy and you are 100% wrong. And as for being a role model for young lawyers, let me tell you a few things Sy taught me and many others: 1- don't lie or mislead clients, the court, or the other side. Your word and your handshake are your bond; 2- Work hard. Get to court early. 3- Meet and speak with clients and their families as much as they want. Now it's true in later years Sy didn't go to jails. But he told clients up front he wasn't going to do that. He often paid me and other lawyers a few bucks to speak with his clients in jail, and that often came with a referral on a new case as well.
So try and not write poorly about someone who has passed away and can't defend himself (not that he would give s hit about what you say in the least) and if you do, at least know what you are talking about- which in this case you do not.
1:52. If Sy paid you to go to jail to visit his poor clients, you must be a bottom feeder as well and probably have offices in the bailbond ghettto near the REG. I enjoyed watching his usual "this poor lad..." but it got old if one was waiting in line behind him. I doubt he ever had any cases in California. He was a local guy, similar to Paul Pollack who he battled over clients who could not afford a top shelve attorney.
I’ve never understood why lawyers here call a post conviction motion a “Rule 3.” Every rule of criminal procedure is rule 3-point-something. It’s all Rule 3.
Family lawyers don’t talk about filing a Rule 12. Civil lawyers don’t talk about filing a Rule 1. Etc etc etc.
Trialmaster is usually pompous. This time it appears he was ignorant. Props to 1:52 pm for providing the facts
That is because family lawyers suck at a case till the parties are drained, and then settle, and most civil lawyers will try fewer than 3 cases over the span of their career.
Also....what the fuck is wrong with you knocking a guy (anonymously) who had died?
You are wrong as well.
I think Sy treated state court like federal court. “We ain’t showin’ no hands. Let’s go to trial.”
Surprisingly to me (77-83 ASA) he often won.
You sound like an ass.
Many ASAs got schooled by Sy who we initially thought was a joke. Boy, did we ever learn....
Fred Moreno
Michael Hanzman
Bob Scola
Peter Lopez
Best Judge to appear in front of on a complicated legal issue in a criminal matter?
I tried a murder two against sy I was a prosecutor, walking away from the jury box after my closing argument, the defendant cried out, “you oughta not talk about me like that you Cracker, I was shocked,(But happy to see my closing was appreciated by the defendant), Sy was the first one on his feet , and turned to his client in front of the jury and proclaimed “ you don’t know this man ,how dare you talk to him that way. The court room was silent as I took my seat. Sy was an excellent attorney , I learned about humility and humanity from this great man.....Jay Kolsky.
Rebull trumps MartinezScanziani in bar poll! Rebull rated EXCEPTIONALLY qualified by 64.86% of the bar. MartinezScanziani by only 10.87% Not even close, Vote Rebull!
Top 5 county court judges are Leifman, Capote, Alvarez Zane, Seraphin, Nunez
Top 5 circuit judges are De La O, Rebull, Sayfie, Beovides, Altfield
He always reminded me of Walter Matthau in The Fortune Cookie!
Good history question. It started off as Criminal Procedure Rule No. 1 after Gideon v. Wainwright. See 151 So. 2d 634 (Fla. 1963). The current set of rules were enacted initially in 1967, when the rule became 1.850. When Did the references to rule 3 start?
"What are you going to do....sweep it under the rug."-Sy Gaer
Sy was a friend and mentor. He never referred me a case but there were times after I had left the SAO that I went to the jail to see a client for him. He offered to pay me but I never accepted.
When I was a prosecutor, he and HT Smith beat me but good in a trafficking case. I didn't lose many trials as a prosecutor, but I lost a few. In closing Sy called me "A sarcastic, cynical, ensnaring, fact-facturing prosecutor". I bought him a drink later than night and wore the attack as a badge of honor.
On another occasion I was working my way through I complicated issue and Sy came over to chat and I explained the problem I had. I will still a prosecutor at the time. He smiled, told me to read a certain case and legal issue and sure enough he was right. He read case law and he knew the law. Any prosecutor who underestimated Sy did so at their own peril.
I'll tell you Trialmaster- I have worked hard in my career to be the best trial lawyer I can be. I consider myself blessed to have a good practice and I am honored that lawyers sometimes seek my opinion or assistance. I never worked for a big firm, but I have handled big cases and I do not consider myself as a "bottom-feeder". But more importantly, to paraphrase a slogan from show-business- There are no small cases- only small lawyers.
And unlike you, I will sign my name.
Sy was not "bombastic." Trump is bombastic. Look up bombastic: "high-sounding but with little meaning; inflated." That is not Sy.
Sy was kind and funny. He never was rude and he really knew how to try a case.
Sy told me, "kid, they'll carry me out of here some day." They did. Me, the "kid" was over 50 at the time.
RIP old friend.
9:37, I think the renumbering of the Criminal Procedure Rules to a "3" prefix began in 1972. See 272 So.2d 65.
Sy was a very effective advocate on behalf of his clients. His clients certainly received excellent value for the small fees they paid. Julio Jimenez always said that when he and Sy were partners, their most common disagreement was over the ridiculously low fees Sy would quote.
Sy was a legend. Period. On his last day in Court I saw him sitting on the steps. He did not feel well. I wrote down what he had on calendar(because he would not release his little note book) and I told him don't worry I will cover for you. He took off to the hospital. I stood in Court that day and said "Carmen Vizcaino standing in for Sy Gaer." It was an honor. I miss him.
Carmen M. Vizcaino
Sy was a Ferrari engine inside a Toyota body. Yea, he didn't take depos but so what? The fancy pants in Federal court don't as well. Criticize him all you want, he had more victorious verdicts then anybody. Also, he had two facets to his career; the post 1985 stuff was just for fun.
Post a Comment