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.

Saturday, July 20, 2024

THINGS THAT BOTHER US

 Being more than slightly cranky, if not misanthropic, here are things, in no particular order, that bug us: 

The federal form we fill out at FDC that requires us to tell them our car and license plate number. We are getting more and more exotic with our answers- our last one listed a Ferrari GTO and a plate number of NG123, and they didn't blink an eye. 

While we are at it on FDC- to bring in a laptop you still need President Biden to sign off on the request. You know what it takes to bring in a laptop at MDC Los Angeles or MDC Brooklyn? Just filling our a form. The same for the Dade Jails. What is the holdup here with the feds in Miami? 

Prosecutors who set plea offers to expire at 12 noon. Like if they got an email at 12:01 they would ignore it or say the offer had changed. 

County Court Judges who like to cite the rules of judicial administration when denying a motion to continue. Really? You are that full of yourself? 

Prosecutors and Judges who deny the existence of a trial tax. You are as believable as someone who denies global warming. 

Influencers. Because they annoy us. Just go away. 

People who crowd the gate at the airport in group seven. We are in group one. Get out of our way please we need time to settle into our seat in first class. 

People at the airport. 

Waiters who put on a show with the menu. Give us the menu. Tell us the specials and STFU please. 

People who use air quotes. 

People who are excessively interested in the bourbon for their old fashioned. We do not need some liquor that was aged in casks made from outhouses in Kentucky. Just make the drink. 

People who order egg white omelets. Eat a yolk. If you are worried, take a statin later. 

Vaccine deniers, Still. They bug us with their "I'm not putting anything in my body that I haven't researched". Like if they were dying of a burst appendix they would ask about the type of anesthesia being used. 

People offended by standup comics. Get a life. 

MAGA people- of course. 

Tip options for nearly every part of our life. Do not get us wrong-we want working class people to make a decent living. But it should be the store owner who pays their clerk a decent wage, and not have it left up to us to tip a dollar to the convenience store worker who puts our Ice Cream Cookie sandwich in a bag. 

Vaping.  Don't be stupid. 

Items that now require a subscription service. Case in point- compost machines. Rumpole has been composting since about 1980. But lately there are new types of machines that take your food refuse and create a dry powdery compost which you can then spread on your lawn. But- get this- these machines which look like small garbage cans, plug into the wall and connect to the internet- and they required a sixty plus dollar a month for a subscription fee!! So no thank you- we will just take that banana peel and take it outside to our compost bin and let nature take its course. 

SDNY prosecutors. You know who you are. 😡😠

Unsolicited emails telling us they have been on our website and know why we aren't getting clients. We cannot respond because we do not have the time because we are so BUSY with our clients. Just go away. 

Pig Butchering: Have you gotten the text message that is asking about someone else? It's usually something like "Hey Mary we are here waiting for you." Then you respond they have the wrong number. Then they respond that their assistant wrote in a wrong cell phone number but they are glad to meet you. This is a China based scam called "Pig Butchering" Google it. They usually send a picture of an attractive young Asian woman who claims to be a successful businessperson. They make friends. They flirt and at some point they let you know that they are making an extra 20K a month trading crypto and because you are now friends they will help you set up an account. Once you know the scam you can F with them. But we have worked with two older clients who were scammed for a whole lot of money and it is very sad, especially since the people behind the texts are working in labor camp type conditions in China and are untouchable. Be careful and warn your clients and family and friends please. 

And finally, to the idiot who sends us about 10 comments a day stating "I heard X quit at the SAO" with multiple variations- stop. We are not posting them and those are seconds out of our life to delete them we will not get back. Don't make us angry- we are 90% sure we know who you are.  


76 comments:

Anonymous said...

Judges who punish those defendants who actually go to trial and are found guilty? A trial tax you say?

No worse offender than retired Judge Peter Adrien.

There are still good folks suffering in prison because he doled out decades to folks previously offered a year and a day.

You think I’m kidding??

Anonymous said...

No you’re not kidding you’re 100% correct. Case in ooint. Young man sold 210 grams of cocaine. 7 yr min man at time. Had bad counsel who never showed up. The defendant was confused and didn’t take a plea and then a day later said he wanted to. But then state raised the offer to ten- typical SAO BS. Stand in counsel told the client to plead open, Adrien gave this 22 year old man with one juvenile prior 30 YEARS on an open plea. I was hired and moved to withdraw plea. He could not have been more rude and condescending to me and stated (bless his soul) on the record “why would anyone trust his life to a trial judge?” That was my opening line in oral argument before the 3rd DCA. I remember Judge Schwartz raised his hand and politely told me to sit as the panel had thoroughly read my brief. They they excoriated the assistant attorney general for not conserving my point on judicial vindictiveness. I remember on panel member asking the other side “do you have any idea how long thirty years really is?’
Thanks g-d for that panel and righting a wrong. They asked me the relief I wanted. I said to vacate the sentence, return to court and be given thirty seconds to decide if he wanted 7 years as he would say yes in about five seconds. That is exactly what occurred.
And by chance the client recently called me -which is about 15 years after this mess. He is successful in business Has a family and still remembers what happened to him every day. A lot of lessons here including young men in their 20’s do stupid things and if they haven’t hurt anyone it’s ok to give them a second chance. Lock em up and throw away the key is just such a awful way for society to treat its citizens

But what I remember most was the rude, nasty condescending way the judge treated me in his court as I tried to right a terrible wrong. He and the prosecutor who was involved spent a lot of time on the record attacking me, my pleading, snickering at me, and then I remember when I asked for a written order he loudly asked “you’re going to appeal me?” And I replied “Of course I will. My client is serving 30 years for a plea to 210 grams of cocaine. I was in the narcotics unit in the 1980s and we didn’t do that to people”. “Good luck with that” he sneered at me and then said he would write the order and about two months later a form order stating “motion denied” with no reasoning was filed. Again, bless his soul for how he acted towards me and my client. Luckily we had judges on the 3rd who got it.

I really want to sign my name but since that last post about an attorney getting a bar complaint for criticizing a judge, I don’t think I will. You can search the opinion on Westlaw. Aiden and judicial vindictiveness.

Anonymous said...

Someone Calling the Shumie before it’s time bothers the bejesus out of me.

Anonymous said...

John Oliver did a great show on "Pig Butchering."

Anonymous said...

The fact that the SAO has not yet accepted responsibility for anything, that they still trash talk very good defense attorneys, and they treat their ethical, competent and loyal prosecutors like donkey dung.

Anonymous said...

That two assistant public defenders are under investigation by the SAO for witness tampering. It has always been a gentlemen’s agreement between the two offices that we would not file bar complaints against each other etc. because so many make mistakes. I’m guessing things have changed.

Anonymous said...

That not only are those PDs being investigated but that the SAO did not conflict off any investigation as Horn would have done if he were still there. Shawn and Kathleen have an axe to grind here and everyone knows it. Who talked Rundle into this?? Motion to Disqualify SAO set for ruling Tuesday morning. Even if this is not an actual conflict this is an appearance of conflict for which a trial judge under Wheat etc has the discretion to address. courts "possess an independent interest in ensuring that criminal trials are conducted within the ethical standards of the profession and that the legal proceedings appear fair to ALL that observe them. This was easily handled and fixable. Do the right thing Ms. Rundle!! The secrets within your office are many.

Anonymous said...

Talpins

Anonymous said...

SAO policies …shall I keep going?

Anonymous said...

I don’t like that Rundle is not being properly advised. She is either losing it or taking wrong advice. I hope she is just taking wrong advice

Anonymous said...

I am bothered by the arrogance of SAO leadership. What are you teaching these younger ASAs.

Anonymous said...

Please contribute more substantively as your comments kill brain cells.

Anonymous said...

Hell yea bro!

Anonymous said...

Why is the Miami-Dade SAO investigating these two PD’s when it involves Sean and Kathleen… so ridiculous. They are pissed because of the only fans parents case. Rundle please fix this!!!

Anonymous said...

Rundle is Biden at this point.

Anonymous said...

This is not a bar complaint. This is an actual criminal investigation for witness tampering,

Anonymous said...

And many of the defense attorneys know who is being trash talked.

Anonymous said...

We all see that when Deisy became the primary advisor everything went to shit. She has literally and single-handedly destroyed Rundles’s legacy with her ridiculous advice and her lies and manipulation

Anonymous said...

Deisy Talpins…

Anonymous said...

We need the defense bar to rally on Tuesday.

Anonymous said...

Thank god for lawyers like you.

Anonymous said...

I am bothered that I meet so many decent young ASAs who either quit or are ruined by the tickle down effect of their corrupt supervisors. We need better people at the top. The line ASAs take the time to review the case and speak to defense about mitigation and understand reasonable resolutions.

I am also bothered by the snooty inexperienced young ASAs who get mad when you go to their DC instead of trusting them to advocate on behalf of the defendant for you. I’ve only found a handful of line ASAs I trust to advocate for my client. To the others - stop taking it personal and get your panties out of a bunch, that’s what DCs are for, get out of our way.

Anonymous said...

Sounds to me like Abahoff is trying to cover his own prosecutorial misconduct with a farce of an investigation into the APDs.

Anonymous said...

What time and what courtroom?

Anonymous said...

Agree but why are we doing this. we are trashing each other for no reason. How many ASA ‘s have fucked up and cross the line now we’re going to see bar complaints and everything else because instead of grown-up people being at the table they’re continuing to allow this bullshit to happen.

Anonymous said...

And these are the defensive attorneys that I’ve always had her back which says she is being poorly advised by Talpins and Deisy. She has not had this problem in decades, what is changed, Talpins and Deisy

Anonymous said...

How about we need Rundle to stop this before Tuesday

Anonymous said...

They are clowns covering up for each other. Rundle is going to get burned again

Anonymous said...

Rundle is allowing Kathleen and Deisy to trash really good defense attorneys who literally want to be on her side

Anonymous said...

Which makes it all the more disturbing

Anonymous said...

Yes future judge yes!

Anonymous said...

Yep

Anonymous said...

Hernandez does not give a fuck about Kathy. She cares about her big fat paycheck

Anonymous said...

She is a mope. Randall will figure it out

Anonymous said...

What is Tuesday?? What are we rallying for?

Anonymous said...

Can you give more details on this? Are these young PDs?

Anonymous said...

The public defenders were caught telling a witness not to show up in court. Defense attorneys must defend clients of course. But they should do so ethically and not by tampering with witnesses. If we demand SAO to play by the rules, shouldnt we?

Anonymous said...

You are a savior and this was one of the greatest victories in the history of Miami criminal law

Anonymous said...

There are ASAs who have warned us not to go over their heads. Any ASA confident in their decisions and a checks and balances system would welcome a meeting with a supervisor. Think about the arrogance of an ASA , thinking that their decisions can go unchecked by anyone in that office.

Anonymous said...

Yes but the timing is terribly suspicious and it should have been done through an executive assignment. Instead, they are now under investigation on a pending case. This is exactly what Hubner did to Miller in Corey Smith. He and MVZ sent the defense an email warning them that it they did not withdraw their “fabricated” motions and allegations (which turned out true) they would be referred to the bar or investigated criminally. This resulted in them losing their investigator. There is a proper way to accomplish all of this. The SAO failed again and have now caused chaos because Wolfson will grant Tannebaum’s motion.

Anonymous said...

This is a shot across the bow and Carlos needs to now allow bar complaints to be filed against prosecutors. Privates also need to be filing complaints, especially additional one against mvz so the bar can see the pattern on conduct that has been allowed. Should there also be a complaint for failure to supervise.

Anonymous said...

Judge Wolfson, I think at 9 but not sure. Maybe someone else knows.

Anonymous said...

Yes but how does criminally investigating APDs on the present case they are assigned to defend help get justice for the defendant. It’s a chilling effect. Of course, the state should always inquire and investigate and ask questions when it appears anyone tried to tamper or impede an investigation. But think about the smartest way to do it. This is not

Anonymous said...

These are very experienced APDs who did not tell the witness not to appear. They play by the rules. The sole witness to the “tampering” (whose varying stories conflict with two PDs, their investigator, and common sense), has perjured herself multiple times, recanted and un-recanted after spending time alone with Abuhoff, and whose own mother says she’s lying. Investigating defense lawyers for investigating their cases is Abuhoff’s MO.

Anonymous said...

Many of the high level defense attorneys know exactly who she is trashing. They literally talk with her while laughing inside and knowing she is a trash talking hypocrite. More and more people are seeing who she truly is and it’s not very good.

Anonymous said...

That Gosney was hired at all at the SAO and is now being hidden while the dust settles. What’s he doing? Where is he at? He is making 6 figures. For what?!?!? What happened to the Herald’s second story on him?

Anonymous said...

That Tom Bowman is making almost 150k and all of SAO leadership say he does nothing and he is terrible but his wife allegedly got repaid a favor.

Anonymous said...

Any criminal investigation into defense attorneys or prosecutors should be considered very seriously. The consequences for the people involved and the defendant’s pending case are extremely high. Wolfson should grant the motion to disqualify the SAO from the pending case. Teach them another lesson. The Governor’s office and DOJ are both aware of what is happening in that office and are asking many questions. If you know something dirty, reach out to them. We need an SA we can all trust on both sides.

Anonymous said...

Agree but the SAO knew MVZ was not playing by the rules and allowed and encouraged it until Wolfson blew the top off of it. Wolfson tried to tell Rundle and Rundle essentially flipped her the bird. Why would there not be many many discussions prior to a public criminal investigation being opened against PDs.

Anonymous said...

Judge Wolfson again found an ASA to have violated discovery rules multiple times. There is a written opinion. Someone needs to refer it to the bar. She is incompetent and arrogant. Let the bar say what she did was ok or not. Until these prosecutors feel the effects of doing this there will be no change. Part of feeling the effects is having to respond to a bar complaint about your conduct. Send the order anonymously. This arrogance has to stop. There is a momentum and it should continue as things are daily revealed and uncovered.

Anonymous said...

Was Van Zamf not caught witness tampering on multiple occasions? Was he not also caught telling other witnesses to speak to represented defendants? He was disqualified and referred to the bar. Was he criminally investigated for witness tampering? If not, why? Why is his conduct not being sent to another jurisdiction to review for witness and possibly evidence tampering/suppression? He has a pattern of witness tampering and evidence suppression and no one can deny that at this point. Has the SAO referred this to the department of Justice for civil rights violations investigation; if not, why? Someone should.

Anonymous said...

Miami Herald needs to do a story on why the SAO has not reported potential witness tampering and evidence suppression by a prosecutor and potential civil rights violations to either the Governor for executive assignment or the Department of Justice for investigation or both. We know MVZ has likely committed criminal violations and civil rights violation in at least two high profile cases. What have you done about this SAO? Who have you referred it to? You are criminally investigating 2 assistant public defenders for witness tampering and continuing to cover up your own prosecutors’ witness and evidence tampering, potential civil rights violations and threats to charge defense attorneys with a crime when their allegations were true. How do you possibly reconcile that?

Anonymous said...

who are the PDs that are being investigated

Anonymous said...

To report anonymously to DOJ civil rights section:
https://civilrights.justice.gov/report/

To report allegations of waste, fraud, abuse, misconduct or other misconduct abuses in state government, you may file a complaint with the Office of the Chief Inspector General. You can contact us at (850) 717-9264 or submit your concerns in writing to:
Office of the Chief Inspector General
1902 The Capitol
Tallahassee, Florida 32399-0001
(800) 543-5353 toll-free
(850) 921-0817 by facsimile
cig@eog.myflorida.com

FBI has an anonymous tip line.

The same way ST/SAO is alleged to have sent the Sayfie complaint to the FSC, you can send something anonymously to the Governor’s office and the AGO in a hardcopy, old-fashioned letter. Moody is not a fan of Rundle no matter what Rundle says to everyone. The governor is not either, and he won’t take her calls. Her calls go directly to a line counsel because he won’t be bothered. What does that say if the governor of the state of Florida refuses to take the phone calls of the state attorney in the biggest jurisdiction in Florida… Not much….

Anonymous said...

SAO incompetence

Anonymous said...

MVZ was caught telling a hired hitman about what could happen if a state witness was unavailable. What’s the big friggin difference. SAO showed the world that they condoned those comments and other comments, so what is the big friggin difference. The SAO is setting the standard for the practice of law in Miami dade and now complaining that APDs our following in their footsteps. How the hell is this happening.

Anonymous said...

@2:19 could be true but why is MVZ not being investigated by the SAO, DOJ or some other agency. Let’s treat everyone the same.

Anonymous said...

How about ASA Rachel Singer in front of Wolfson. Terrible order, terrible behavior.

Anonymous said...

Many defense attorneys know who is trash talked because KH cant keep her trap shut and talks crap about Rundle and private meetings every chance she gets. Wonder why the line ASA ‘s are like cult followers to her? Because she causes division between them and Rundle and others. She can’t be trusted to use discretion and promote unity —ever. She makes promises to defense attorneys without talking to Rundle. She intentionally shares things Rundle tells her to keep private than plays dumb. She does this to take credit for things that Rundle actually makes decisions about…. Everyone knows the way she plays….

Anonymous said...

Ask Krasnoff what happened at the last FACDL meeting

Anonymous said...

Does anyone face any Gosney updates?

Anonymous said...

Is there a meeting this week with the defense bar? If so, can someone share deets.

Anonymous said...

Why did the state not move to disqualify them and instead go straight to a criminal investigation? Let it be hashed out in a courtroom, not in an investigation led by the same prosecutors who have a motive here.

Anonymous said...

Which ASA?

Anonymous said...

We are told this is not her first misrepresentation before a court.

Anonymous said...

Is there anyone who is happy with the SAO- sheesh….

Anonymous said...

If Tannebaum is representing them, state in trouble. He won’t take their crap laying down.

Anonymous said...

Can someone share the order?

Anonymous said...

The SAO isn’t even happy with the SAO.

Anonymous said...

It’s not clear what anyone is moving to disqualify here

Anonymous said...

What were their allegations that were deemed true?

Anonymous said...

I hope Biden just passes fuckin everything by executive order during his last week in office. And grant clemency and pardon tens thousands of people. Let the next administration iron that shit out. I need that old man to go out with some gusto.

Anonymous said...

I was infront of Judge Adrien for 13 months, and based on my personal experience, people have been grossly unfair towards him. He was a new judge with a nasty, arrogant DC, Herb Walker, who would purposefully mislead Judge Adrien on the daily. It was an absurd power-struggle that served no benefit except to inflate the ego of a narcissistic Walker. Peter Adrien was and is a very nice man who, unfortunately, was destined to be an unsuccessful judge because of Walker, spite from his election opponent and friends, and the mess he walked into. Why don’t you all just leave the man alone? He’s been off the bench for a decade, Stop the mean-girl sniping.

Anonymous said...

I stood there as I filed the motion to withdraw the plea. It was Adrien who sentenced the 22 year old with one juvenile prior to 30 fucking years on an open plea. The state asked for 10. It was Adrien who was nasty and dismissive to me. Who got angry at me and told me “good luck with that” when I asked for an order and said I was appealing. It was Adrien who said on the record:”why would anyone trust his future to a trial judge?” Which speaks volumes on what you say is his fairness. Those words were some of the most chilling I’ve ever heard a judge say.
Email Rumpole and he will give you my email and we can discuss privately. And I won. The 3rd DCA ruled he was judicially vindictive. So it’s not me just saying he had a mean streak a mile wide. It was the 3d DCA as well.

Anonymous said...

I was a PD in front of Peter Camacho Adrien for what felt like 5 years but was probably one. He didn't need Herb Walker leading him astray to go astray. His main flaw was he was stupid and totally inexperienced in criminal and his insecurity over that led him to defer to the State and to do the most anti-defendant thing he could whenever there was a choice. He had no idea how to preside over a trial and those were a nightmare. Sentencing was always the max. I think he probably had some autism or something and therefore no ability to see any perspective regarding what was actually appropriate in a particular case.

Nice enough guy in chambers though I guess. Worst judge I ever witnessed, and I've seen plenty of bad ones in 20 years.

Anonymous said...

Being censored 🤬