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.

Monday, April 03, 2023

THE ARRAIGNMENT

 It’s Tuesday morning and Judge Juan  Merchan sees a full courtroom and a full calendar. He takes the bench a few minutes before 8:30 because he likes lawyers to know he will be early and he expects the same from them. 

Faces look at him expectantly. 

“Good morning everyone. We will clear the warrants and then do arraignments in turn and then go to the motions before I call the trial calendar.” 

 

A few despondent defendants are shuffled into the courtroom, shuffling with their leg irons, hands cuffed desultory in front of them. The judge knows that despite the new bail guidelines, he will be sending most of them to Riker’s Island. 

One woman is visibly pregnant and the judge looks at the legal aid lawyer, an unseen message passing between them that he will look favorably upon a motion for and ROR and indeed that is how he handles  the case.

 

It’s now ten to nine and the lawyers in his courtroom are all busy on their phones, texting paralegals and associates and staff and their wives or husbands. Merchan knows from rumor that his attractive DA is very active on Tinder, although he isn’t really sure what that site is and has never been on it. 

 

A camera is set up for a feed to all the media that has assembled. 

 

“People v Donald ….mmm, hang on, how is that pronounced?”

 

A man looks up from custody. He is surrounded by court officers. 

 

“Donald Domicco, rhymes with Puerto Rico”. The defendant gives the judge a hopeful smile and the judge returns to his file. “Arraign your client please” he says without looking up. A well dressed woman approaches the podium and does the arraignment.

 

The judge reads the charges and frowns. “This is some sort of financial filing snafu isn’t it? Lord knows I’ve got enough of those.”

 

The defense attorney smiles. “Exactly your honor. My client paid Stormy….sorry, paid for storm  damages  out of his own pocket and then cashed the insurance check that was also made out to the storm mitigation company. But there’s no theft here.” 

 

The Judge peers over his reading glasses at the ADA.  “What do the people have to say?”

 

“ACD your honor. We get this is a low level financial crime. “

 

“Hardly a crime your honor” replies the defense attorney. “But we will take it.”

 

“Good. Adjourned with a contemplation of dismissal . Mr. Domicco your case is adjourned and if you don’t get in trouble for the next six months we will dismiss it. Stay out of trouble. Storms can cause all sorts of illegal troubles”


“I will your honor. It’s not like I robbed a bank, or , ummmm like stole an election or anything.” 


There’s muffled laughter in the courtroom as lawyers look up from their phones. Merchan sees a half a dozen Starbucks coffee cups being balanced on knees. He glances over at his own cup of decaf that his wife has dictated he drink. Caffeine was causing him acid reflux. He wonders about getting a real cup of coffee to get through the morning but then realizes he wife would see him on TV and then she might make him go to tea for the rest of the week. 

  

A tall and hefty man in a blue pinned stripped suit with a long red tie and an orange artificial tan is led into the courtroom surrounded by court officers. Like all defendants he is handcuffed. “This is a spectacular courtroom” the defendant says. “New York has the best courtrooms. I was just talking with some people who were telling me they’ve never seen any courtrooms nicer than this one. I heard that when she was a senator Hillary Clinton tried to de-fund the courtrooms but we stopped her. It was a hard battle but we wanted to make New York courtrooms great again. I thought of that. I am a very stable genius and I came up with the slogan make New York Courtrooms great again and everybody loved it, and people were saying that they have never heard a slogan better than that one. And I remember, because I have a memory like no one has ever seen, doctors who have studied it have told me it’s the best memory they’ve ever seen, they call it a record- breaking memory, and …where was I ? I forgot, but this is the best courtroom anyone has ever seen. And the police officers here, I told them, I’m very pro police, we love the police, we love them, and Clinton and Obama wanted to defund the police but I said we love the police and so we didn’t defund them. And I told this to Kim Jung something or other, the guy who is the head of East Korea and we had this love affair where we fell in love and he asked about the police in New York and I said, very great those police in New York, they love me and I love them. And I love the East Koreans. Everyone said I couldn’t go to East Korea and that no one has ever gone to East Korea but I went and people said they had never seen anything like it, going to East Korea like I did, and I told them, we love you, we do, and you have stop shooting those little missiles little man, but I went and did it. 

 

The Judge looked at the DA and the coterie of defense attorneys and rolled his eyes. “All I did was ask his name…” 

22 comments:

Anonymous said...

This is the best blog post ever. Truly. Rumpole, you are such an amazing writer. Why would you not give law up and go write screenplays? You have serious talent.

Anonymous said...

Lock'em up

Anonymous said...

https://m.youtube.com/watch?v=iLCDL6OUPCU

Min 2.16

Anonymous said...

Alvin Bragg: Victim wants max!
Judge: What victim?

Anonymous said...

Under Florida Rule of Criminal Procedure, Trump's indictment would get dismissed because it is "so vague, indistinct, and indefinite as to mislead the accused and embarrass him or her in the preparation of a defense or expose the accused after conviction or acquittal to substantial danger of a new prosecution for the same offense."

Anonymous said...

4:40 can you say more, factually, from the actual indictment? I’ve seen felony informations with less precision in florida

https://www.cbsnews.com/amp/news/trump-indictment-34-felony-counts-charges-new-york-read/

Anonymous said...

There’s also a statement of facts that accompanied the indictment:

https://www.documentcloud.org/documents/23741595-read-trump-indictment-statement-of-facts-related-to-hush-money-payment

Anonymous said...

This has to hurt my liberal trump hating friends. Boys and girls this just made el trumpo the front runner in 2024. Bragg is a jag off

Anonymous said...

We all got an email from FACDL/ Judge Wolfson complaining that we are turning down court appointments at an alarming rate. JA's are tired of calling 6 lawyers trying to get one to take the damn case and they don't understand why we say NO. Prosecutors and Judges need to read this:

So, we get a call from the JA for a judge who is a real jerk. You know, the judge who bitches and complains about you not having this 50 witness, 3 co-defendant case ready for trial in 4 weeks after arraignment. The judge who you simply hate talking to. The JA says you are next up on a client, in jail, who does not speak your language and has burned through two previous wheel lawyers. That means for all your work, you must split the fee with the other lawyers and possibly the bailiff will make more money per hour than you will. (No insult meant to bailiffs). You just know that client and his family threatened the previous lawyers with death and injury so, you know the client is a going to be a total asshole.

On top of this, the PD represents one and a wheel lawyer represents the other. The wheel lawyer has no staff, works from home and NEVER returns a call or email. The PD has 500 cases on her audit and is a great person but, very busy.

Then if you take the case, when you bill, JAC nitpicks the bill to death. You spend about 4 hours working on the bill only to have them object to $4.90 on it and you have to wait to get a hearing and fight for every penny. Oh, BTW, the client files a Bar complaint saying you have not communicated enough with him but, JAC doesn't want to pay your bill for that many jail visits.

So, you say, I'm mad as hell and I'm not taking it (the case) anymore. (Watch the 1976 movie "Network" to understand that quote.)

Then, you read about lawyers who billed more than 24 hours in a single day and you saw it coming. You have sat through JAC fee hearings where you watched lawyers billing $30k on a F3 and you know that lawyer and you know that lawyer didn't do anything even close to that much work. (Flip side, you know lawyers who do a great job and don't over bill).

So, Mr./Ms. judge or JA, now you know we turn down court appointments. You get what you pay for!

Anonymous said...

Iam an old timer. Can you imagine Art Snyder or Ellen Morphonios ripping the state a new one if they brought this case in their courtrooms? Morphonios would have had more one liners to fill a book

Anonymous said...

@928: the sudden surge in right wing support for Trump is not damaging to "liberals" - it is a god send. Trump appears to be the presumptive front runner for the Republican primary again. That's great news. While Trump and DeSantis both clearly hate American core values (freedom of speech, freedom of association, limited government (ask Disney about DeSantis and limited government), etc.), Trump is a dumpster fire that can't get out of his own way and will ultimately lose in Biden v. Trump II. DeSantis, on the other hand, is smart and calculating. DeSantis might actually win a general election and would do incalculable damage to the nation as president. The morons who are rallying to Trump right now will actually end up doing more to re-elect Biden than anyone could have ever imagined or hoped for.

Anonymous said...

I don't understand what Trump and his camp are freaking out about. According to them, indictments are good for fundraising and foster good poll numbers for the indicted adulterer. He is going to get a trial before a jury of his former neighbors and dazzle the nation with his complete innocence. The Manhattanites know him better than anyone else, they'll recognize bullshit immediately. Everybody knows that lawyers routinely advance tens of thousands of dollars to cover-up their clients tawdry affairs without the clients knowledge or reimbursement. American lawyers are wonderful that way. The country will be thrilled at Trumps competence and rally to him in November 2024. Why does Trump and his team think that an arrest equals a conviction? Do they know something we don't?

Anonymous said...

All that might be true but the country and the world was far safer and more prosperous when the Donald was at the helm. America is struggling. Trump was way better at managing china Russia Saudi's and other roguish nations. Hes a better president than Biden who seems totally confused. It seems like them nations mentioned above have zero respect for Biden. It does not help that his family was making money in these fucked parts of the world either. fair minded people like me , independents , people who voted Clinton and Obama aint Biden lovers. Michelle Obama is a better pick. We will wait to see how it plays out but you are not wise to make such early predictions. El trumpo can do it again. Watch the economy.

Anonymous said...

Karen's are no fun...

Yes lawyers can be used for hush money pay outs. And lawyers can be extortionists too just like your former hero Avenatti. Lawyers are service providers in the end. The charges in New York obviously help trump. Look at the polls next week.

Anonymous said...

I am always curious to hear/read opinions like those expressed by 849.

"America is struggling" he says. I find that claim, frankly, preposterous - particularly when framed as to imply that, even if true, it is somehow Biden's fault.

The United States seems to be doing just fine, thank you very much. The economy recently has been so hot, in fact, that the Fed is pulling out all the stops to slow it down. Despite the Feds dramatic rate hikes, unemployment is at record lows. The main domestic issues facing the country right now are: 1) polarization (Trump is perhaps the biggest singe cause of that. see birtherism, "lock her up", the big lie, and any number of other examples of Trump's recklessness), 2) inflation (no right thinking person with any understanding of anything could blame that on Biden. To the extent that inflation was driven by pandemic era government spending, recall that the spending in question was authorized during the Trump administration), and 3) gun violence (speaks for itself as not Biden related).

The main foreign issue facing our country is Russia's invasion of Ukraine. The US intervention has been so effective that Russia, once believed to be able to take Ukraine in weeks if not days, has stalled and is in an Afghanistan-like quagmire. In the meantime, the US lead NATO alliance that was apparently fraying during Trump's administration is tighter than ever and has expanded to accept Finland with Sweden is well on the way to joining - a nightmare scenario for Putin.

Is everything perfect? Of course not. And I might like to see Michelle Obama step up rather than Biden return. Biden and Trump are both too old. But this dystopian Fox news fantasy that "America is struggling" under Biden is brainwashed silliness.

Anonymous said...

Spoken like a smug elitist. Vomit.

Anonymous said...

Inflation dude ... Biden is worse than jimmy carter. The man is not fit to clean a toilet.

Anonymous said...

@919: please explain, with specificity, how Biden is to blame for inflation. Because, as far as I can tell, Biden has NOTHING to do with inflation.

In the meantime, you might want to read this: https://hbr.org/2022/12/what-causes-inflation. You might consider that the demand side factors described herein, and most of the supply side factors, all pre-date the Biden administration (i.e. happened during the Trump administration). For what it's worth, I don't blame Trump for inflation either. Inflation has shown itself to be a global phenomenon with inflation actually being far worse in Europe today than it is in the US.

Anonymous said...

The American rescue stimulus non sense spiked inflation , war in Ukraine which he couldn't help avert ( ineffectual leader) plus cutting off drilling on fed lands and killing key stone pipeline now draining all our reserves , he can't control Saudi's all equal energy prices spike I could go on and on - look at miami. All the liberal democratic rules re Covid ...everyone move here to get away from the dem restrictions - try buying a house in miami. Inflation spiked
the prices.

Anonymous said...

@1156 - I am sorry to say that you do not appear to be logical thinker. Joe Biden has nothing to do with with "All the liberal democratic rules re Covid ...everyone move here to get away from the dem restrictions - try buying a house in miami. Inflation spiked". Joe Biden was not even in office; much less was he responsible for local Covid rules that you believe caused people to move to Miami. You're on your own.

Anonymous said...

We spent a trillion on the inflation reduction act which was a climate bill. Interest rates need to go to 8 percent. Buy bitcoin and gold and horde cash. Biden is the worst president in our life. Egypt supplying Russian with our weapons and we are giving Ukraine billions. Meanwhile bidens kid making cash off our enemies. Zero respect is given to the Bidens. USA in decline.

Anonymous said...

@459 - you have, again, shown that you don't understand how things actually work. We have not "spent" a trillion dollars on the inflation reduction act (and so what if it was a climate bill?). Unlike COVID relief spending which was, for the most part, then-present spending, the authorized spending under the inflation reduction act is spread out over a term of years (about a decade).

The Congressional Budget Office estimated that the bill would have no statistically significant effect on inflation, but would reduce cumulative deficits by $264 billion. See https://budgetmodel.wharton.upenn.edu/issues/2022/8/12/senate-passed-inflation-reduction-act