It's become Miami's Muller Report. The transcript of the trial which caused the complaint against the Judge. And because we are who we are, we also have the motion for new trial.
We report. You decide.
Coming soon: Trump says Spanish Flu ended WWII. (We are not making this up).
Next up: Trump says Apollo 11 Astronauts stayed at Trump Tower after landing on the moon.
05.28.2019 Petithomme R vs M Final by HR on Scribd
Motion for New Trial by HR on Scribd
47 comments:
I read the first pages of the transcript and then stopped. Seven year old case. Five lawyers. Come on...
Wow plaintiffs daughter destroys the judge throughout the hearing! Her indignation about the UPL felony threat is spot on. How embarrassing for the judge.
In August 2019, Judge Thomas Rebull willingly met with representatives from organizations, including our own, to discuss a matter that has now resurfaced. At the meeting, there was an open dialogue about the situation and the matter was resolved to our satisfaction.
Francesse Lucius, President, Haitian Lawyers Association
That transcript is horrifying. If Rebull isn't defeated this election, which he richly deserves, he should be severely punished by the JQC. Shame on any defense attorney who fails to condemn this deplorable conduct. Unfit to serve, it's as simple as that.
Rebull is an asshole. Full stop. Glad I waited to vote.
What kind of kangaroo court is this? The other attorney Vera commented a few days ago stating how the plaintiff was represented by two attorney's and only one withdrew. The transcript proves that to be false. I can't imagine a worse way for a sitting judge to have handled this situation. Sure maybe he didn't demonstrate any bias towards national origin but from reading this Rebull is clearly unhinged and I wish I could change my vote. What is the Miami-Dade Court policy for a judge who knowingly allows, forces, and even encourages an unlicensed, next of kin to represent the rights of another, on the record, in open court. In her opening statement she says she's not an attorney and is there to help her father. The JQC needs to open an immediate investigation, especially after what they did to Miller for minor conduct compared to this.
Wow. Just wow.
Unlikely to surprise anyone who saw how he treated and sentenced black defendants in criminal.
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Sir Wilfred
That was a disgusting display by the judge. He should be ashamed of himself. I am sorry that I already voted for him, I would have voted differently if I had seen that. I don't care that he later did the right thing, his bullying the poor lady into that, and then threatening her at the end is inexcusable. It is also sad that opposing counsel played in the charade.
Funny how quiet it got now the transcript is available ...
Motion for new trial filed 5/31 yet final judgment not vacated until 8/9 THE SAME DAY the bar associations filed the complaint.
I voted Rebull because Scanziani-Martinez is a brainless twit. But Rebull is just being petty in this case. Just a massive waste of time, money and energy because of him. You really have to stick it to a pro se litgant like this? And to bring in jurors to watch this? Nonsense.
Thousands of cases in his division. And to waste this much time to dispose of one case? And then the case isnt even disposed of since here come all the post trial motions and more junk.
Tell the pro se that this is the last continuance. Set it for a special set trial on a day and time certain. Then move to the next case where the litigants need a jury to actually resolve a dispute.
WTF?! Is the JQC looking into this? Not a good look for the judge. What was he thinking?!
Why haven't I read about this in the Miami Herald? Where's Mr. David Ovalle, super Herald reporter?
No problem: forcing a pro se defendant to go to trial on a 7 year old case.
Problem: allowing a non-lawyer to act as his lawyer
THE CAPTAIN RETORTS:
First, the only legal officer who acted with an understanding of the law, with justice and due process in mind, was Michelle Delancy, who not surprisingly, was elected to the Circuit Court bench unopposed, when nobody filed against her in May for an open seat.
Second, reading page 72 of the 75 page trial transcript, is absolutely sickening. If that was not the ultimate in JQC violations, I don't know what is. For Judge Rebull to permit the daughter of the Plaintiff to plead her father's case to the Judge, entertain objections from her, permit her to present an Opening Statement, all while she declared that she was not an attorney, and only was seeking a continuance on behalf of her father, and then for Judge Rebull to state:
Line 15-21:
Court: Are you a lawyer?
(he seriously asked her this question 72 pages into a 75 page transcript after she must have told the judge a dozen times that she was not a lawyer and needed to hire one to represent her father)
Ms. Petithomme: No, I'm not a lawyer
The Court: Right. So actually what you are doing is engaging in the unauthorized practice of law. They didn't object to that (the defense), but it's actually, I think it's a third degree felony, to engage in the unauthorized practice of law.
Utter disgust. As others have written, the judge had options that would have resulted in fairness and due process. He caused this whole mess in the first place when he permitted the Plaintiff's attorney to withdraw on the eve of trial. He escalated this mess when he ordered the case to trial on the day following the day that the plaintiff received both the Order granting the Motion to Withdraw AND the Trial notice setting the trial for the first day of the week following the Friday surprise. Yes, the case was seven years old. Yes, the defense brought in a witness from out of town. But all of that could have been avoided if the judge had made better decision BEFORE the day of trial.
This is all on Rebull and shame on him for taking advantage of his robe by scaring Ms. Petithomme in thinking she might be arrested and jailed for committing a felony. Shame on him.
Cap Out .....
Honestly this is worse. He bowed to outside pressures—vacated the final judgment and recused himself after the complaint. That’s not how it’s supposed to work.
Memo to Rebull:
Read In Re Aleman, JQC case. The threat will get him at a minimum, a reprimand.
This whole case was disgusting. Shame on you Rebull.
I already voted, and I voted for Rebull. Had I read this transcript beforehand, I would not have.
IMO the denial of the continuance is error, but not unethical. The order granting the motion to withdraw gave 30 days yet ALSO said no hearing dates would be changed. So although the judge was wrong to deny the continuance because he signed the order creating the ambiguity, i can see what he was thinking. He simply made an error of judgment.
Cap is spot on that what is unbelievable is allowing the daughter to act as an attorney. Adding insult to injury is the judge threatening criminal liability for conduct he expressly condoned.
Imagine you were there. The plaintiff doesn't speak English. You are having a trial and literally ignoring him. Imagine the plaintiff sitting there oblivious....
If he just stated on the record the plaintiff appeared without a certified interpreter and granted a directed verdict, itd be forgivable. But a sham trial?
It should also be noted that the JDI is comprised of numerous voluntary bar organizations, many of which declined to sign this letter despite expressing their disapproval with with Judge Rebull’s actions. Had there not been a push for the letter, this would have been but a a court room rumor. Needless to say, accountability was sorely lacking in this hot mess of a situation.
Rebull needs to resign.
SOmeone should send this to the JQC
Rump,
Send me Ms. Petithomme's address. I'm hiring.
That women can make a record! She's the best advocate from Miami since Julia Tuttle.
Kid
Do the have free court interpreters in civil too?
If so, Rebull should resign. I am not voting for him.
I think calling for resignation is a bit strong....maybe just a course in compassion and patience.
Has the judge offered a response?
A BIT OF HISTORY - VJ DAY - 75 YEARS AGO
On August 14, 1945, at 7:00 p.m., President Harry S. Truman summoned reporters to the White House for a special announcement. He read a statement from the Emperor of Japan which announced in part, “The unconditional surrender of Japan.” Three years, eight months, and seven days after Japan bombed Pearl Harbor, WWII was finally over!
V-J Day (short for Victory in Japan Day) came at a steep price. The United States counted some 418,500 military and civilian deaths during the war. Worldwide, that number neared 60 million! For just a moment, in August 1945, a war-weary world set aside mourning to celebrate the end of WWII. People poured into the streets and church bells rang out. President Truman declared a two-day holiday, and on August 15th, the United States celebrated V-J Day.
In New York City, thousands flocked to Times Square. Alfred Eisenstaedt, a photographer for Life magazine, pulled out his camera to capture the exuberance of the crowd. His iconic shot of a sailor kissing a nurse captured a defining moment in history.
In Tinley Park, Illinois, Mildred Pritza recalled hearing the news, “We cried, we hugged. Bells were ringing. Everyone went outside and everyone was hugging…There was real cohesiveness in the nation with everyone working for a shared goal.” The country was united in spirit and purpose and V-J day was a celebration of shared sacrifice. Pritza, who had never worked before the war, recalled her job building crankshafts for airplanes for $1.09 an hour. With her husband in the Navy and a new baby to care for, she did what was necessary.
In Plainfield, New Jersey, police officer Cornelius Coffey was assigned traffic patrol and said the city had the worst traffic jam he’d ever seen as everyone came out to celebrate. He chose to ignore the 10 p.m. wartime curfew for youngsters that night.
News of the Japanese surrender came at 4:00 p.m. PST in Spokane, Washington. The Spokesman-Review reported that crowds spilled into the streets, and at first there was a stunned silence. “Then automobile horns began to blow. In a few moments, their blasts became a solid wave of sound in downtown streets. Their noise drowned out the shouting and even the noise of the siren atop city hall. A storm of confetti swirled down from windows of high buildings as office workers gave vent to their joy.”
On the island of Oahu, the bells in Kawaiaha church pealed, bringing a flashback memory to many who heard the same bells ring out a warning on December 7, 1941. The roof of the Honolulu Advertiser building was crowded that December morning in 1941, as dazed and stricken citizens watched black smoke rise from the distance. Now 1,347 days later, the same rooftop was filled with people tossing shredded paper to the street below in celebration.
Can't let this go without mentioning that the kiss that AE photographed was unwanted by the woman.
NO, NO, NO.
What he did was horrible and he was a horrible bully.
I will not vote for Rebull after reading that.
Anyone can have a bad day but sometimes the absolute lack of judgment disqualifies you from a position that allows you to make decisions that effects others. This is an outrage. I have never appeared before this idiot but he needs to find a new way to make a living. I wouldn't go to a 7-11 if he was the clerk.
Calling the Shumie on rebull. He's done. Put a fork in em.
What a fool.
That is some rebullshit.
He's not done. Will be reelected easily.
Trialmaster, the REN, and now Julia Tuttle! Come on! Enough with the fake names already.
There is no excuse for this. Fire him!
That man should not be allowed to hide behind his mockery and move to criminal court. Can you imagine being a pro se defendant before him! His vote has been lost on me. How has his opponent not unleashed this? Shame on the judiciary.
Truly shameful
This man is a mark of shame on the judiciary. His comments are heartbreaking against this lady and now he gets to run and hide in criminal court so this isn’t “outted”? I know who I’m voting for Tuesday. And their name is not Thomas.
Did any of you ever deal with Rebull in criminal? This is like being shocked there is gambling in Casablanca. He did not hide this aspect of his personality in fact it is his personality. He has an absolute disdain for black and poor people. There is no more accurate way to say it. Also he does not know the law. He sentenced a defendant to 40 years with the sole witness facing an open life felony and would not allow the jury to hear that. An innocent defendant. Luckily a real judge granted the 3.850.
Rebull is simply horrible as a judge. He needs to go. Please vote for Denise Martinez-Scanziani. Spread the word. He has absolutely no concept of justice or due process.
Hey 1:03pm, you are right about the Rule 3.850 being GRANTED. Judge Michael Hanzman was disgusted with the life sentence given by Judge Rebull and freed the innocent defendant from a life in prison.
Judge Hanzman saved that man’s life.
These comments are idiotic, with the exception of the very first comment. 7 year old case, 4 lawyers, nuff said. This is the definition of prosanity.
I'm reading that transcript. Judge's only flaw was allowing that "translator" to start talking in the first place. If she's translating, then the dad is presenting the case. Otherwise, he throws her straight out of the courtroom to start for UPL. It's always a challenge with these pro se cases, you have to give them some leeway but you don't want to give them too much rope to hang themselves with.
People file nonsense lawsuits all the time and just expect someone is going to give them free money from yon high. If you file a lawsuit you can't just play around. Pay your lawyer bill, get your evidence together, and don't let your case linger for SEVEN YEARS. SEVEN YEARS.
Pro Se nonsense.
It’s looking like the rebullshit is over
The problem here is that the action of treating people inhumanely for efficiency and convenience come as second nature to some people in this country. There is no coincidence that the folks being impacted are black and the folks dolling out this treatment are white. Look at our history.
This same problem is rearing its head even in the medical field. Black babies are 3 times more likely to die at birth when being cared for by a white doctor. Whereas there is no drop off the other way around. Why is that? No one is saying that white doctors are overtly trying to kill black babies. What we're saying is that sometimes its not an overt act but a dangerous oversight because something in that person, that have yet to reckon with, values that brown body less than a white body. We do not have time to coddle these grown adults that know right from wrong. What we MUST do is extinguish this behavior from our honorable courts as quickly as possible. Implicit bias trainings where the majority of the people in attendance are black is not the only answer. The answer is putting functional adults with empathy in the position in the first place.
This man had to go and any man that allows himself to turn a blind eye to a persons humanity that easily should not be in that seat. Period.
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