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.
Showing posts with label Marshall Lee Gore. Show all posts
Showing posts with label Marshall Lee Gore. Show all posts

Tuesday, October 01, 2013

THE BELL TOLLS FOR THEE MARSHALL LEE GORE

UPDATE: AT 6:12 PM the State of Florida took the life of Marshall Lee Gore. 


REAL FORMER JUDGE said...
Rumpole, this is the most insightful post ever.

I was Marshall Gore's trial judge on a number of cases in the early 1990's. I really got to know him -- or at least who he wanted me to know. He is a very intelligent man. He is obviously a sociopath, but on the other hand, a very interesting and personable man to have spoken to over the months of his case.

In later years, I bumped into him on a jail tour that I was leading at the DCJ. He was in a safety isolation cell. His tiny dark cell was stuffed with legal pads and his thoughts and writings on an appeal. He was protesting that the jail was failing to serve him Kosher meals and that he was Jewish. In fact, the jail was serving him ham, bacon and everything that they could get that would piss him off.

One of my best friends is a world renowned psychiatrist who had interviewed Gore and felt that he had genius level IQ. I always thought of what a waste of life. but for genetics, environmental factors and "mommy daddy" issues, Gore could have been a charming successful charismatic human being.

Even though I presided over Death Penalty cases ... I am now adamantly against the Death Penalty. It is medieval, barbaric and not reflective of what our society should be.

Executing Marshall Gore tonight will be a notch in the Governor's belt for reelection, but it will be a sad night for civilized humanity. If the public could see the horrible inhumane conditions that Gore has lived in, mostly in isolation with limited hygiene and much darkness, they would say that life in prison under these conditions is punishment accomplished.

Marshall Gore is most certainly guilty of the charges which will lead to his lethal injection in a few hours. I will be sad for his victims, their families, for our society ... and also for Marshall Lee Gore.
Tuesday, October 01, 2013 4:58:00 PM
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Item: Marshall Lee Gore is scheduled to be executed tonight for crimes for which he was convicted in Miami Dade. 

Callins v. Collins,  510 U.S. 141, 114 S.Ct. 1127, 1130  (1994) (Blackmun, J, dissenting)
From this day forward, I no longer shall tinker with the machinery of death. For more than 20 years, I have endeavored - indeed, I have struggled - along with a majority of this Court, to develop procedural and substantive rules that would lend more than the mere appearance of fairness to the death penalty endeavor. 1Rather than continue to coddle the Court's delusion that the desired level of fairness has been achieved and the need for regulation eviscerated, I feel morally and intellectually obligated simply to concede that the death penalty experiment has failed. It is virtually self-evident to me now that no combination of procedural rules or substantive regulations ever can save the death penalty from its inherent constitutional deficiencies. The basic question - does the system accurately and consistently determine which defendants "deserve" to die? - cannot be answered in the affirmative. It is not simply that this Court has allowed vague aggravating circumstances to be employed, see, e.g., Arave v. Creech, ___ U.S. ___ (1993), relevant mitigating evidence to be disregarded, see, e.g., Johnson v. Texas, ___ U.S. ___ (1993), and vital judicial review to be blocked, see, e.g., Coleman v. Thompson, 501 U.S. ___ (1991). The problem is that the inevitability of factual, legal, and moral error gives us a system that we know must wrongly kill some defendants, a system that fails to deliver the fair, consistent, and reliable sentences of death required by the Constitution. 



For Whom the Bell Tolls 
John Donne. 

No man is an island, 
Entire of itself. 
Each is a piece of the continent, 
A part of the main. 
If a clod be washed away by the sea, 
Europe is the less. 
As well as if a promontory were. 
As well as if a manner of thine own 
Or of thine friend's were. 
Each man's death diminishes me, 
For I am involved in mankind. 
Therefore, send not to know 
For whom the bell tolls, 
It tolls for thee. 

Wednesday, September 11, 2013

YOUR MONEY OR YOUR LIFE

There's an oft repeated sarcastic joke that the best judges go to civil court because in criminal court  they deal with life and death but in civil court they deal with important things like money. 

It's a warped view of the judiciary, but one apparently heartily endorsed by Pam Biondi, Florida's Attorney General who successfully asked Governor Scott to postpone the execution of Marshall Lee Gore because (we couldn't make this up if we tried) the date of the execution conflicted with Biondi's kick-off campaign re-election fundraiser. 

Has any other public official in Florida taken such a candidly heartless view of human life and more crudely put their personal interests above their obligations as a public official? 
And how does Scott and Biondi's voracious support of bills designed to speed up execution dates square with their decision to delay an execution to raise money? 
The Tampa Bay Times article is here. 

We cannot thing of a more self centered, truly disgusting act that any public official in Florida has done in the last few decades. Biondi's lack of judgment (and Scott's for that matter) give us a clear window into their dark souls: They care more about being re-elected than solemnly discharging the awesome responsibility of overseeing executions in Florida. If these two money grubbers care so little about when Gore is executed,  just how much confidence do we have in Scott and Biondi's consideration and denial of Gore's petition for clemency prepared so ably by our own Todd Scher? If they will play bingo with Gore's  execution date, did they really consider clemency? And while we are against the death penalty, we wonder how the relatives of Gore's victim's feel about the delay in Gore's execution? 

The whole sordid mess is disgusting. 

COMING UP NEXT: LET THE YOGA COME TO YOU. 

Wednesday, August 14, 2013

WHEN PIGS FLY

The NY Times here described Attorney General Eric Holder, Jr's., speech to the ABA this week where he announced that the DOJ will no longer include drug amounts in indictments for low level drug dealers so as  to circumvent the triggering of minimum mandatory sentences, as a "transformational moment.". 

They doth gush too much-eth. 

On closer examination we see the following:

1) Nothing in the speech about making the policy retroactive or giving any inmates serving "bone crushing" sentences a chance to benefit from this United States's new found enlightenment when it comes to incarceration on minor drug offenses. 

2) The Attorney General's desire is just that: a desire. Individual charging decisions will still be left to local prosecutors who have discretion to include drug amounts in indictments, thus triggering the minimum mandatory sentences. 

So here is what will happen:

AUSA: "Hey counsel, I didn't include the drug amounts in the indictment. Your guy can plead to the charges and get those easy 84 months."

Defense Attorney: "No, my client says he's innocent. He wants a trial."

AUSA: "Pardon me a moment while I call my secretary to schedule time before the grand jury. I will be re-indicting your client and including so many minimum mandatory sentences that he will still be in when the sun goes super nova in a few billion years. 

From Holder's speech: too many Americans go to too many prisons for far too long, and for no truly good law enforcement reason."

Rumpole's riposte:  You've been attorney general for six fricking years and you just figured that out? You might want to look into getting rid of your beeper and buying a cell phone Mr. AG. 


NOTICEABLY SILENT: The legislators from the State of Florida who never saw a minimum mandatory they  didn't like, or a Miami Dade Judge they didn't trust.  There is nothing stopping the DEA from trudging down to the SAO's pre-file unit and dumping a bunch of fifteen year min-man cases in state court . 


MARSHALL LEE GORE: Execution date set for September 10, 2013. 

Here's what you get from reading the latest opinion denying Gore relief: the one attorney who has not quit fighting for his client is Todd Scher. As the opinion shows, he has fought the good fight in state court, federal court, in the governors office and generally done what you expect from a superior and dedicated death penalty defense attorney. Well done Mr. Scher- you have our admiration. 


See You In Court. 


Tuesday, June 25, 2013

GORE EXECUTION STAYED

GORE EXECUTION STAYED. 
Marshall Lee Gore was set for execution at six pm Monday, but the 11th Circuit issued a stay, albeit a brief one, to consider arguments that Gore is too insane to be executed. Only in America.

There will be briefs filed and oral argument before the 11th Circuit this Thursday. If the court declines to allow further argument, the execution could take place soon after unless the U.S. Supreme Court issues a stay. 

Trivia: Name the REGJB prosecutors, defense attorneys, and judges in Gore's two REGJB trials. 


OPENING STATEMENT
There were two opening statements in the George Zimmerman trial Monday, and the statements highlighted the different styles of the opposing counsel. Prosecutor John Guy got right down to it:
"Good morning.  Fucking punks, these assholes all get away,'" Guy quoted Zimmerman. "These were the words in this grown man's mouth as he followed this boy that he didn't know. Those were his words, not mine."

Defense attorney Don West countered with a "knock-knock" joke, always a risky proposition in a murder case:  "Knock knock. Who's there? George Zimmerman. George Zimmerman who? Good, you're on the jury." 


SUPREME COURT
Retired Justices Sandra Day O'Connor and John Paul Stevens showed up Monday to watch the justices read decisions from the bench.  O'Connor was awaiting the decision in University of Texas v. Nassar, which could have affected her legacy in affirmative action cases, but the court punted and voted 7-1 to return the case to the Circuit Court for further review. 
Litigators and former opponents  Ted Olsen and David Boies were  was also present awaiting a decision in the same-sex marriage case. Alas, no decision was announced. 

There's a lot of law to discuss over the summer, no more basketball to argue about, and a promising Dolphins season to anticipate. 

See you in court.