TWITTER HACK AND CONTINUATION OF NFL DRAFT

Much like the AP yesterday, our twitter @justicebuilding was also hacked yesterday. So we feel compelled to straighten the record and deny the following tweets you may have read yesterday:

1) Alex Michaels did not take a swing at a prosecutor in court this week. 

2) Joel Brown has not applied for a county court judge position. 

3) Will Thomas did NOT turn down an appointment to Federal District Court because "Congress took too damn long and I got tired of waiting."

4) The Marlins were NOT beaten by a little league team from Pinecrest. 

5) The 3rd DCA has NOT created a "best of Milt Hirsch orders we reversed" tab on their website. 

6) Milt Hirsch is NOT requiring all pleas to take place in Olde English.  "Twas brillig, and the slithy toves
  Did gyre and gimble in the wabe;
All mimsy were the borogoves,  And the mome raths outgrabe..." (roughly translated: "did anyone make you any promises in exchange for this plea?")

And Now,  the Blog mock draft ( (c) Rumpole 2013) continues:

10.  Tennessee Titans Rumpole:
The pick here is Guard Chance Warmack from Alabama. 6' 2", 317   pounds. Former Hall Of Famer Guard and current Head Coach Mike Munchak  is a natural choice to select the first guard in the draft. Personally, we think the better pick is the best TE in the draft: Tyler Eifert from Notre Dame. But odds are Munchak sticks to his roots and takes a chance on Chance. 

11. San Diego Chargers  David Ovalle
Still laughing at the draft overreach by the arch-rival Raiders, the San Diego Chargers had tough questions to ponder. Can Matt Barkley replace bum quarterback Phillip Rivers and live up to the legacy of the great Stan Humphries? Can Robert Woods supplant mega-star wideout Eddie Royal? Can TJ McDonald live up to his pedigree and not miss tackles in a pro defense? But after scouring prospects of the mighty USC Trojans, new general manager Tom Telasco betrays the will and desire of Southern California football fans by not selecting from the ranks of the cardinal-and-gold. Instead, the San Diego Chargers, unhappy with the o-line picks left on the board, select Utah defensive tackle Star Lotulelei

12. Miami Dolphins - The Captain

Horace, I'll trade you two Michael Egnews and one Pat White for your first pick in the draft. (What's an Egnew you ask?). Oh, the Dolphins Draft. Woe is me who gets the honor of predicting what pile of -hit Jeff Ireland will step into this year. The Miami Dolphins finished off the 2012 campaign with a 7-9 season and did not even sniff the playoffs, yet again. From 1990-2001 they appeared in the playoffs in nine of those years; since then, they have been in the post-season only once.

This year the Fins needs are in four areas: OT, CB, DE, and TE. All Fins Fans are waiting to see if Ireland pulls off the trade with the Chiefs by Thursday and nabs left OT Branden Albert. If that doesn't happen, and the three best OT's in the draft, Fisher, Jockie, & Johnson are gone (as they are here), then the Fins will pray that current Fin Jonathan Martin can fill the large shoes of Jake Long at the blind side position. The only other OT high enough to consider is DJ Fluker. So, instead the Fins will look to replace Sean Smith, who left in free agency, and Vontae Davis, who left to visit his grandmother,  and the easy money is on a CB out of Alabama, Dee Milliner. Lots of Fins Faithful are pulling for the TE out of Notre Dame, Tyler Eifert or the big Guard out of North Carolina, Jonathan Cooper. As for the D-line, with Ansah long gone, the only other star is FSU's Bjoern Werner. With the 12th pick in the 2013 draft, the Miami Dolphins choose Dee Milliner, CB, Alabama. Captain Out ....

13. New York Jets (from Tampa Bay Buccaneers)  52nd Street Irwin: As the crowd at Radio City is chanting J..E..T..S  JETS JET JETS...the commissioner strolls to the podium and pauses a moment as the frenzy of the gang green fans reaches fever pitch.  Rex Ryan cannot get over his good luck as Jarvis Jones is still out there. Visions of Jones and Mingo running stunts are making him dizzy. But Rex isn't making the calls by himself anymore. And while Jones is the best pick at 13, the Jets do need to replace Revis at cornerback. Those are big shoes to fill and there are three very good CBs ready to be taken: Xavier Rhodes, Desmond Trufant and Jonathan Banks. Rex and the Jets are still chuckling over the Dolphins misguided decision to draft a corner back who won't even be healthy enough (by his own admission) to participate in any training camps until late August. Then as the Jets get ready to phone in their pick they remember that they also need a tight end and the number one rated TE is still on the board. The time is ticking down. Rex contemplates grabbing the phone and shouting "Jones!" into it before his GM could wrestle him to the ground.  The Panthers are getting ready to run to the podium to select Jarvis Jones when the call is made and the ticket is handed to the commissioner who over the din of screaming Jets fans calmly announces: " with the 13th pick in the 2013 NFL Draft (J..E...T...S.. JETS Jets jets) the NY Jets select .....Jonathan Banks, Cornerback, Mississippi State."  Of the three available (healthy..hahahha stupid doll-fins) CBs, the Jets love the fact that Banks is the tallest and has soft hands and can run with the rock when he grabs it. 

14.  Carolina Panthers  Carolina On My Mind
52nd Street is correct: The Panthers are thrilled Jarvis Jones is still on the board. But then there are those health risks with his back (spinal stenosis) and the Panthers are lucky that their need - A defensive tackle- has coincided with the fact that the best player is still on the board. Shledon Richardson, 6' 2" 294 is an athletically gifted Defensive Tackle from Missouri.  He is a little bit bigger than Floyd and a bit smaller than Lotulelei, but he has a big motor and is a playmaker. The Panthers fill a need and take the best player on their board and draft Sheldon Richardson, DT, from Missouri, 

15.  New Orleans Saints  Bourbon Street Bob
Under new defensive coordinator Rob Ryan, the Saints are transitioning to a press-heavy scheme in the secondary with an emphasis on big, long-armed DBs capable of matching up physically with Julio Jones and Vincent Jackson in the NFC South.  Dominic Rhodes was the fourth tallest corner at the Combine, second heaviest, and had the third longest arms. But the Saints  just signed Pittsburgh cornerback Keenan Lewis. While the Steelers were frantically calling the Panthers to jump ahead of the Saints and nab Jarvis  Jones, Rump doesn't allow trades and the best linebacker in the draft falls to Rob Ryan and the Saints. With the fifteenth pick in the 2013 draft the New Orleans Saints get the steal of the draft and select Jarvis Jones, OLB, Georgia. 

16.  St. Louis Rams  Fake Risivy

Not many blog readers realize that Fake Risivy is a St. Louis native who loves some good St. Louis Bar-be-que. The Rams need a wide receiver and I am going to go with the open secret in St. Louis. In my opinion the best WR left is Corrdarrelle Patterson, but everyone -even the people under the big arch- know that the Rams love DeAndre Hopkins. The Rams sent half their staff to Clemson this week to work him out privately. So that is who the Rams select with the 16th pick- DeAndre Hopkins.

17.  Pittsburgh Steelers Mean Joe
Mean Joe is in a bad mood. He is not going to be tossing his jersey to no kid with a coke. The Steelers wanted Jarvis Jones and he's gone. Now the team looks at the tight end from Notre Dame, along with a couple of the cornerbacks and wide receivers still left. The Steelers think about Eddie Lacy the Alabama running back,  but decide there are few good ones they can get in rounds two and three.  There is a split in the war room. Half the staff wants to grab Bjoern Werner the defensive end from Florida State while the other half wants the safety from Texas. Meanwhile Ben Roethlisberger is telling anyone who will listen that he would love a big, tall receiver. But Troy Palamalu is getting old and he rarely stays healthy for a season and the kid from Texas is just too good. With the 17th selection in the 2013 draft, for the second time in their history (Palamalu was the first) the Steelers select a safety in the first round- Kenny Vaccaro, University of Texas. 

18. Dallas Cowboys -Real Fake Former Judge. 
The Cowboys need some help on the defensive line. And those remaining cornerbacks sure look nice and some of the wide receivers look very tempting. But there is the top rated player left on their board who they just can't pass up. Fred Moreno is smiling as with the 18th pick in the 2013 draft the Cowboys select Tyler Eifert, tight end, Notre Dame.

19. New York Giants Eli- Eli- O.
The Giants need a guard pure and simple and there are two good ones available.  Menelik Watson, 6' 5" 310, Florida State and Jonathan Cooper, 6' 2", 311, North Carolina.  There's two good safeties and a bunch of good wide receivers left, but Giants left guard Kevin Boothe is a sub-average starter working on a one-year deal and Right guard Chris Snee is 31 and coming off hip surgery. I would not be surprised to see RB Eddie Lacy also be a surprise pick here, but in some draft boards Cooper is a top ten talent. I like a guard to be 6' 2" rather than 6' 5" because it is easier to get low and stay low and get leverage on the d-lineman. With the 19th pick in the 2013 draft, the New York Football Giants select Jonathan Cooper, Guard, North Carolina. 

20. Chicago Bears  Clay Kaeiser
   Conventional wisdom has the Bears trading down to load up with picks un the middle rounds, and I tend to agree with this, because new coach Marc Trestman wants to put his imprint on the team and needs a lot of young, fast, and talented football players who he can brainwash/"get to buy into his system."  This draft is said to be loaded with good picks in the second and third round.  If the Bears do have to make a first round pick from the players left in this draft,I think it would be CB Marcus  Desmond Trufant, from Washington, who seems destined for a great pro career and would fit right into a solid but aging Bears defensive backfield.

 21. Cincinnati Bengals  Fake Freddy Moldovan.

The Bengals have a need at right tackle, and lookee lookee here, there is a right guard just sitting and waiting to go to Cincinnati and practice against new free agent acquisition James Harrison: D.J. Fluker, 6’5” 339 pounds from Bama. And Menelik Watson,  6’ 5”, 310 Florida State, is also available. But the problem is that the Bengals just love Jonathan Cyprien, the hard hitting safety from Florida International who arrives at the ball in a hurry and in a bad mood. This is a close call, but Fluker is just too good a talent to over look. The Bengals choose the big boy from Bama.  Who dey? Who dey? Who dey say can beat dem Bengals? 

22. St. Louis Rams (From Redskins)  Fake Risivy

The Rams breathed a big sigh of relief when the Bengals passed on Cyprien. Even with the earlier pick, the  Rams still need help at wide receiver, but like running back, WR is a position that can be very well filled in rounds two through six. Mike Wallace was a third round pick a few years ago. So the Rams take Jonathan Cyprien as the wide receivers in this draft continue to fall (outside of the Raiders who always screw everything up.).

23. Minnesota Vikings-  Fake Alex Michaels

Vhy I have to wait so long to pick? It should be I see player, I like player, I draft player and nobody stop me. Vell, I guess I have to play by rules. Vikings need wide receiver. All idiots who pick before me let all deese wide receivers fall and I vill scoop them up. Cordarrelle Paterson is not best receiver at Tennessee. Justin Hunter, 6’ 4”, 196 is better. Vikings take him. So there

24. Indianapolis Colts  Caribbean Cigars

Colts love the fact that Fake Alex Michaels was picking for Vikings. His emotions always get the best of him. Cordarrelle Paterson is a top twenty pick. Keenan Allen, the WR from Cal is 6’ 2”, and is a very polished route runner. Either receiver will be valuable asset for second year QB Andrew Luck.  Allen is more NFL ready, but Paterson has the higher upside. The Colts have a year to bring him along. With the  24th pick in the NFL draft the Indianapolis Colts select Cordarrelle Paterson, WR, Tennessee. 

25. Minnesota Vikings (from Seattle Seahawks) Fake Alex Michaels. 

I’m back again, like bad penny, you cannot get rid of me. 

Vikings would shock world by taking Keenan Allen. Two wide receivers in two picks in first round is insane. Did someone just say my name? Nah, Vikings not stupid, and neither am I. It’s time for defense for Vikes. Damontre Moore from Texas AM was a defensive end in college. But at 6-4, 250 pounds he will make the transition to outside linebacker in the NFL.  The pick is either Moore or Alec Ogletree , the inside linebacker from Georgia who is a one man wrecking crew. More has about ten more pounds on Ogletree and the Vikings need an outside rusher. Dey pick Damontre Moore. 

26. Green Bay Packers  Mr. Cheesious. 
Is it possible Fake Alex Michaels just picked Damontre Moore as a convert to a linebacker when Bjoern Werner  a top twenty pick is still on the board? A 6-3 266 pound defensive end from Florida State, Werner has so much more athleticism and upside than either Moore or Olgletree, it isn't funny. Packers consider safety Matt Elam, the strong safety from Florida along with some of the wide receivers, but Werner is too good an athlete to pass up. With the 26th pick in the 2013 draft, the Pack grabs Bjoern Werner, DE, Florida State. 

27. Houston Texans  Tex An Twon
The Texans are looking for a WR to add to their potent offense. Keenan Allen, 6' 2, 206, from California has deceptive speed and is a very polished route runner. He might not have the potential of Cordarelle Paterson, but he is an NFL starter from day one. With the 27th pick in the 2013 draft the Texans select Keenan Allen, WR, Cal. 

28. Denver Broncos  Ski Bum

This could be the spot for embattled Linebacker Manti Te'o. But remember why the Broncos got knocked out of the playoffs? A cornerback who let a Raven WR get behind him? The Broncos will grab a corner here and Xavier Rhodes, the 6-2 corner from Florida State has fallen all the way into the 28th spot where the Broncos end his free fall so long as Rhodes promises them one thing: to never, ever , ever let a receiver get behind him in the playoffs in the 4th quarter with the game on the line. 

29. New England Patriots Cheater.  
The Pats become the second team to take a good hard look at Mati T'eo, and the more they look at how he was manhandled by Bama in the title game, the more they don't like him. They're looking at some wide receivers but the defensive talent on the board catches Belichick's eye. He can grab the Georgia Linebacker Alec Ogletree,  safeties Matt Elam or Eric Reid, defensive end Cornellius (Tank)  Carrradine or defensive tackle Sylvester Williams. It's an embarrassment of riches here at 29.....but with time running out Belichick remembers that Sylvester Williams is a virtual twin of 12 year Patriot veteran Gerard Warren. Warren's career is winding down and why not let him train his replacement? With the 29th pick of the 2013 NFL draft the NE Patriots select Sylvester Williams, defensive end, North Carolina. 

30. Atlanta Falcons   Rhett Butler, Esq. 
The Falcons need to beef up on defense and because of his ACL injury in November they were expecting Tank Carradine to fall to them, and he has. Carradine ran a 4.9 in the combine five months after surgery, so he appears fully recovered. But Alec Ogletree has also fallen to the bottom of the draft and Ogletree doesn't have injury issues. Ogletree started out as a safety but he finally filled out to about 245 pounds. Scouting reports compare him to Falcom OLB Sean Weatherspoon, and that is just fine for the Falcons. They'll take another Weatherspoon and they grab Alec Ogletree, linebacker, Georgia, with the 30th pick. 

31. San Francisco 49ers  Miner 49'er. 
The good news: made it to the Super Bowl. The bad news? Picking 31st in the draft. The 49ers fielded two different defenses in 2012 -- the one where tackle Justin Smith was healthy, and the one where he wasn't. The version where he wasn't provided very little pass pressure, which underlined Smith's importance to the team. Alabama nose tackle Jessie Williams reminds me of a rawer version of Smith in that he plays with ridiculous strength and leverage, and takes on double teams with authority. It's a no brainer for the 49'ers who select Alabama defensive tackle Jessie Williams with the 31st pick. 

32.  Baltimore Ravens Rick Freedman

Super Bowl Champions. Just saying it makes all Ravens fans teary eyed. In the words of Mufasa, "it's just great to be king". But even he gets killed half-way through the movie. As did the Ravens defense in the off-season losing six defensive starters including future HOFers Ray Lewis & Ed Reed. They also lost Elerbe, Kruger, Pollard & Williams. The Ravens needs are clear and they include Safety, ILB, and OT. At Safety, two gems are still on the board, both SEC players: Eric Reid of LSU and Matt Elam of Florida. Linebacker choices start with Manti Te'o out of Notre Damne, and two more SEC players, Kevin Minter (LSU) and Alec Ogletree (Ga) (just lost him to the Falcons). The Ravens will also have to take a hard look at Menelik Watson, the big (6'5", 310 pds) OT out of FSU by way of Manchester, England. Head Coach John Harbaugh played as a DB and coached DB's with the Eagles. He understands how to mold a DB into a HOF player. The Ravens need to replace their HOF DB named Reed and with the 32nd pick, the Baltimore Ravens select another Reid, Eric Reid, Safety, LSU.

 

Thanks Rumpole.  This was a lot of fun.  Now we can all sit back and see how little we really know about this process and watch the Real draft in action.

MOCK NFL DRAFT 2013

We have decided to do a mock NFL draft with our readers participating in the picks. Below is the first pick and the rest of the draft order, with the readers who have already locked up a team. If the team doesn't have a name next to it, it is available and you can email us and make the pick when the team is on the clock. 

1. Kansas City Chiefs  Rumpole:

The Chief's released right tackle Eric Winston last month, so need and the best players available intersect right at the first pick. The two best players in this draft for value are Luke Jockle (6-6, 306) OT from Texas AM and Eric Fisher OT Central Michigan (6-7, 306).  Throw in Alabama Guard Chance Warmack (6-2, 317) and the top three players on our board are all offensive linemen. But there is vast difference between guards and tackles which is why Warmack has no chance being drafted in the top three. It's a close call between Jockel and Fisher, but we'll flip a coin and with the first pick in 2013 NFL draft the Chiefs select Luke Jockle, Tackle. 

 2. Jacksonville Jaguars  New ASA:

The Jaguars have a lot of needs. Start with QB- is Gabbert or Chad Henne the guy? They need a pass rusher and Oregon LB Dion Jordan is shooting up everyone's draft board. But this is too early for QB Geno Smith who is not a sure thing and could end up being another Gabbert. Jordan has been injured a lot in college and is a big gamble. There is no trading down in Rumpole's draft, so the Jags who also need help on the O-Line do their QBs a favor and take Eric Fisher OT, Central Michigan. Fisher was the overall number one on at least half the mock drafts I saw, so the Jags get "value" at 2 by taking a 1. 

3. Oakland Raiders  Raider Lou:

As a life long Raider fan I thank Rumps for the opportunity to make this pick. There are so many talented players here for the Raiders to select. Florida State  Defensive lineman Shariff Floyd is the obvious pick. The top defensive tackle in the draft, he fills a glaring need. Dion Jordan, the LB with the most upside is also available. But this being the Raiders, they will not make the safe and sure pick. Nor will they make the wisest pick. I almost pulled the trigger on QB Geno Smith, but there is a bigger Raider target out there. A 5-9, 183 shifty wide receiver who is a speed demon and a playmaker with the ball in his hands. With a QB Matt Flynn in the fold, the Raiders shake up the draft and select Tavon Austin, WR, West Virginia. 

4. Philadelphia Eagles  CheeseSteak Charlie
Philly Boy here Rump. Bleed green for my Eagles and red for my Phillies. Was holding my breath that the Jags or the Raiders didn't take Dion Jordan. Actually Tavon Austin would have been a great grab here with new coach Chip Kelly's super fast paced offense. But the Raiders grabbed Austin so this pick is now a no-brainer. The Eagles have worked on the offense during free agency, so now it's time to boost the D and get the best pass rusher in the draft. This guy is a beast. Kelly grabs his boy from Oregon. With the 4th Pick in the 2013 NFL Draft the Philadelphia Eagles select Dion Jordan, OLB, Oregon. Wit cheese.

5. Detroit Lions Fake Blake.
The Lions have lots of needs and there is a very big desire to grab one of the outstanding defensive lineman. Shariff Floyd, Star Lotulelei, Cornelius Carradine, and Sheldon Richardson are all sitting there waiting to team up with Ndamukong Suh to make an un-stoppable Defensive line. The problem is that these guys are all tackles.  Do we draft need or best player available? The need is for an offensive lineman, but the top two are gone and the next best-Lane Johnson from Oklahoma is not in the class of the other two. The player rated just above Johnson is the Lions pick. Out of BYU, the Lions select Ezekiel Ansah, one of the two top Defensive ends in the draft. 

6.  Cleveland Browns  Al Michaels' Bartender.
Yes, I served Al one two many drinks, and I am sorry he got popped for DUI. But considering the Browns new owner is about to be indicted by the Feds, things could be worse for Mr. Michaels. Things could rarely be worse for the Browns who are always picking in the top ten, and never seem to be  getting anywhere. The Browns need a cornerback but Dee Milliner is dropping on everyone's draft board because of a number of suspect health issues. I like Jonathan Banks, the tall CB out of Mississippi State, but he is a reach at six. I really want to pull the trigger on Kenny Vaccaro, the best safety in the draft, but I am going to do a  very un-Cleveland like move and pick the best player on the board- there's a new Sheriff in town at the Mistake by the Lake- The Browns select Sharrif Floyd, DE, Florida.   

7. Arizona Cardinals  Rumpole. 
No one wants to draft for the west coast edition of the Steelers, so I will make the pick. Bruce Arians, the new head coach has Carson Palmer as his QB, but how long can that old guy hold out? Arians made a name for himself late in his career nurturing rookie QBs. Roethlisberger won the Super Bowl with Arians as his offensive coordinator his second year in the league, and Arians coached up Colts Rookie QB Andrew Luck to a very respectable 11 win season last year. So is this the spot Geno Smith is taken? Nope. Smith is not the can't miss QB that a team picking at 7 needs. Arians has a new running back (Mendenhall late of the Steelers like most of the rest of the team) and Drew Stanton as a very capable Quarterback who will likely challenge Palmer for the starting job. There's still a ton of great defensive talent, but lately the big boys are commanding the big bucks. Arians knows that Mendenhall can't run and his QB can't get the ball to Larry Fitzgerald if the O-line doesn't do its job. With the number seven pick the Cardinals select Offensive Tackle Lane Johnson, Oklahoma. 

8.  Buffalo Bills  Winging It. 
Like everyone else, I cannot get over the amazing defensive talent still on the board. But I just can't help myself. Kevin Kolb, super bowl MVP just doesn't roll off the tongue like Geno Smith does.  The Bills roll the dice and take the QB out of West Virginia. 

9. New York Jets   52nd Street Irwin
This pick is all about defense. No question about it. But replacing Revis with a reach for a CB is not going to work. There are plenty of CBs in the second and third rounds. Why waste a pick on a corner when you can rush the QB and sack him before he can throw it? The choices here are Jarvis Jones, Bjoern Werner, Star Lotulelei, Sheldon Richardson, and safety Kenny Vaccaro. If it was me, I would grab Lotulelei and anchor a D line for the next ten years. But the open secret in the city is that the Jets love, absolutely love the OLB from LSU. With the 9th pick, the NY J...E....T.....S  set the city on fire with the big dog with the big bark for the Big Apple: Barkevious Mingo, OLB, LSU. 

PUBLIC SAFETY

UPDATE: Want to participate in our NFL Mock draft? Email us which team you want to pick for howardroark21@gmail.com. The Dolphins are already reserved.  We will start tomorrow and after a selection is made, when your team is up next we will email you. Be prepared to make a selection with a short paragraph on why your team made that pick. 
Click here for the updated draft order.  People who want to pick for KC, Jax, Oakland, Philly, Detroit, Cleveland, Arizona, Buffalo,  and the Jets at 9 should be ready to go tomorrow. When you email us your team, we will respond if you are responsible for that team or if someone already has it. Try and email us two teams if you can so you are guaranteed of getting one. 

Word is that the Obama administration has sent a special interrogator to speak with the surviving alleged Boston Marathon Bomber for 48 hours before reading him Miranda warnings. The rationale is the "public safety" exception to Miranda would allow such interrogation. See, NY v Quarles, 104 S.Ct 2626 (1984). 

Uno problemo: the suspect has been hospitalized and unconscious most of the weekend. By the time he regains consciousness what ever danger may have existed surely will have passed. 

Should the suspect be read Miranda as soon as police start talking to him? He's facing the death penalty.  If the constitution can be suspended here, who draws the line where it applies?  Should the President or a Governor be able to declare a case so important, a suspect so dangerous, that the constitution can be suspended? 

Kudos to all the lawyers and judges who donated their time on Sunday to help FIU law students in the moot court problems.

And so another week begins in our beloved REGJB. 

See you in court. 

JOHN ADAMS, CRIMINAL DEFENSE, AND TODAY.

The topic of conversation on the blog comments recently, in light of the tragic events in Boston, was whether you-as a criminal defense attorney- could represent a terrorist? 

The answer is simple. Of course. 
And there is precedent for taking on a terrorist as a client. 

March 5, 1770: British troops have been occupying Boston since 1768 to put down resistance to King George's police of taxation of the colonies. On a cold and snowy evening a small group of citizens that had been taunting a British sentry grew into an angry mob of a few hundred. British Captain Thomas Peterson led a group of British soldiers to rescue the sentry. The mob threw rocks, the British responded with musket fire. Five civilians died in what became to be known as the Boston Massacre. 

Captain Peterson and his soldiers were indicted for murder. There was wide spread anti-British sentiment in Boston and no lawyer would take the case for the soldiers. To represent the enemy was seen as a sure fire way to end a legal career. 

Then John Adams- a young Boston attorney who had been an outspoken critic of the British occupation- stepped forward to defend the enemy soldiers. 

The trial was held and Captain Peterson and six of his men were acquitted. Two others were convicted of the lesser offense of manslaughter. 

Adams defense was a masterpiece. His peroration is still quoted today:
 "Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence."

His defense of the burden of proof and innocence is equally brilliant and famous: 

"It is more important that innocence be protected than it is that guilt be punished, for guilt and crimes are so frequent in this world that they cannot all be punished.

But if innocence itself is brought to the bar and condemned, perhaps to die, then the citizen will say, "whether I do good or whether I do evil is immaterial, for innocence itself is no protection," and if such an idea as that were to take hold in the mind of the citizen that would be the end of security whatsoever."

Adams, who later became the second president of the United States wrote about the incident:
"The part I took in defense of captain Preston and the soldiers, procured me anxiety, and obloquy enough. It was, however, one of the most gallant, generous, manly and disinterested actions of my whole life, and one of the best pieces of service I ever rendered my country. Judgment of death against those soldiers would have been as foul a stain upon this country as the executions of the Quakers or witches, anciently.”

Adams was criticized at the time he took the case. He was publicly scorned by his friends and neighbors. But he took his duty as an attorney seriously. 

So would we represent a terrorist and risk "obloquy?"

Although Adams was paid 18 guineas, the value of a pair of shoes at the time, we think he set a pretty good example. 

See You In Court. 

DRESNICK'S EYES SPINNING!

The long strange saga of attorneys Lewis and Tein, the Miccosukee Indian trbe and Judge Ronald Dresnick played out this week during contempt hearings before Judge Dresnick.

The hearings concluded with Dresnick finding that neither Lewis (former US Attorney Guy Lewis) nor his partner Michael Tein comitted perjury. The ruling was a clear victory for Lewis and Tein and their lawyer Paul Calli who came in and did a brilliant job turning the litigation in this case around after the media (including this blog we are ashamed to say) had already convicted Lewis and Tein in the court of public opinion.

EYES SPINNING IN HIS SOCKETS:
The Herald covered the hearing here and had this quote from Judge Dresnick:

Miami-Dade Circuit Judge Ronald Dresnick said the $3 million in fees charged by attorneys Guy Lewis and Michael Tein to represent the two Miccosukee Tribe members in the 2009 civil trial “made my eyes spin in their sockets.”

“I’m just shocked by the amount of these fees,” said Dresnick, a veteran judge who presided over a three-day sanctions hearing and ordered the pair to pay the fine to an opposing plaintiff’s attorney. “I’m just flabbergasted.”  The contretemps started after a three million dollar jury verdict in a case involving a car accident in which Miccosukee tribe members were the defendants. The plaintiffs sought to collect on the judgment and the defendant's said they had no money to pay. Inquiry was made as to how much the defendants paid their lawyers. Lewis and Tein denied their fees were paid from the Tribe and the controversy began.  From the Herald article: On Wednesday, Dresnick found that Lewis and Tein did not commit perjury and did not intentionally mislead the judge at the previous sanctions hearing. But the judge implied that both lawyers should have shown more candor to the court before he decided to raise a prior $3,500 sanctions fee. The ruling is a victory for Paul Calli and his clients Lewis and Tein. No lawyer wants to be cited for perjury. But ouch! The fine hurts. We would be back to domestic wines for a year.  Appeal anyone?  How do you, as a criminal practitioner, avoid this tsuris (legaleese for "oy- this sucks") ? Rumpole Rule #2STAY OUT OF CIVIL COURT! See You In Court.

Read more here: http://www.miamiherald.com/2013/04/17/3349665/miami-judge-slaps-lewis-and-tein.html#storylink=cpy

  

Read more here: http://www.miamiherald.com/2013/04/17/3349665/miami-judge-slaps-lewis-and-tein.html#storylink=cpy

CUETO DISQUALIFIES HIMSELF

Judge Cueto disqualified himself in the case before involving Miami commissioner Michelle Spence-Jones. But not before taking a few shots himself. 

Cueto order from Justicebuilding

FALSE CONFESSIONS- THE CENTRAL PARK FIVE

Lets try this again. We wrote yesterday that April 15 was the tenth anniversary of the death of Gemma Cosentino, a much respected and beloved REGJB attorney who spent most of her career at the Dade Public Defender's Office. Perhaps it was because her portion of the post was at the end of a lengthy post, or perhaps it was because the tragic events in Boston overtook the public discourse. 

But Gemma was a wonderful lawyer and an even better person and we just cannot believe that no one saw fit to write anything about her.   So we continue the discussion today. 

Kathleen Smith Zorn said...
Tomorrow (April 15, 2013) will be ten years, to the day, since Gemma Cosentino passed away. She was one of those rare of people in the criminal justice building in the 1980's who could disagree without being disagreeable (post Vietnam era -- passions ran high and tempers flared hot), and who was equally well liked by men and women.

Here is our first post on Gemma. 

THE CENTRAL PARK FIVE

In Manhattan in 1989 a young woman was brutally assaulted in Central Park. Five young black men were identified as suspects. As  a City demanded arrests and "justice",  the case received world wide attention. The five young men confessed, and were tried and convicted. The public could rest. Justice was done. 

Except the five were innocent. 

It is almost unimaginable to conceive the size of the deck stacked against these five young men. As film-maker Ken Burns recently observed,  at the time of their arrest "they had no voice." And no attorney qualified to speak up for them. 

Burn's documentary debuts on PBS today at Nine PM. 

Every judge who sits in criminal court and every prosecutor should be required to watch this film? 

"Nobody confesses to a crime they did not commit."

Really? 

Watch this film and then we'll discuss the phenomenon of false confessions with you. 

Until then, see you in court. 

JUSTICE DELAYED

The NY Times started a multi-article examination of the broken criminal justice system in The Bronx, New York here.  Former ASA and current Bronx ADA Josh Gradinger makes an appearance winning a murder trial, but with the reporter noting his pants cuffs were frayed. 

The stats are pretty bad: The Bronx has almost a thousand felony cases approaching over two years old, as compared to Manhattan which has less then 200. 

One interesting part of the article is the reporting on the relatively short work day. Court is supposed to start at 9:30 but doesn't really get going until ten and it's usually 11 before all parties are present. Lunch is supposed to be an hour but usually approaches two, and court starts again at 2 until about 3:30, although court is supposed to stay open until 4:30. 

For some reason this sentence caught our eye: 
Some judges wander into their crowded courtrooms at 10:15 or later without excuse or apology.

It must be something in the dye of the robes that leaks into the blood stream and causes changes. 

It was also interesting to note that apparently by long tradition, jury trials are held only three days a week. 

Things appear to be different in the Bronx:

During an attempted-murder trial that slogged through nine weeks last summer, Judge Denis J. Boyle would take the bench in his mostly empty courtroom at 9:30, only to stare into space, expressionless, sometimes for two hours, waiting for the lawyers or the jurors. The lead prosecutor in that case took a vacation in the middle of the trial, which some lawyers called unheard-of.

We have our problems in Miami, but we cannot imagine any judge tolerating that level of disrespect from lawyers and jurors. 

We do indeed live in paradise. 

GEMMA COSENTINO

We received this comment on Sunday:

Kathleen Smith Zorn said...
Tomorrow (April 15, 2013) will be ten years, to the day, since Gemma Cosentino passed away. She was one of those rare of people in the criminal justice building in the 1980's who could disagree without being disagreeable (post Vietnam era -- passions ran high and tempers flared hot), and who was equally well liked by men and women.

We want to add this: You could be entranced by Gemma, because with her jet black hair and striking features, she was beautiful. But if that was all you saw, you missed so much. She was smart, and caring, and dedicated and had a wonderful sense of humor. She was taken from us and her family much too soon. We did a post about her five years ago, courtesy of the Captain- here it is. 

If there is one singular thing we are proud of this blog for, it is in remembering those who came before us. 

See you in court. 

MASTERS WEEKEND

We're not much for staying home and watching TV, but there is something about Augusta and the Masters that lends itself so well to television. 
In 1986, 46 year old Jack Nicklaus was 4 back as he left the 14th green.  Five different golfers had or shared the lead during the final round.  On the Par 5 15th Nicklaus knocked his second shot to 12 feet of the cup and made the eagle putt to pull within two of Seve Ballesteros.  On the par three16th,  Jack hit his tee shot to within 3 feet and made the birdie and now was one back. Meanwhile Seve was playing in the group behind Nicklaus and when he heard the roars of the crowds watching the  Golden Bear's charge, he got a little jumpy and put his second on 15 into the water. Suddenly three golfers were tied for the lead (Seve, Jack and Tom Kite).  On 17 Nicklaus made the birdie putt champions make- from 18 feet to go into the lead by one.  Nicklaus was -7 for his final round and an amazing -6, 30 for the back nine. We recently heard Jack say that after a few years out of contention, he suddenly remembered how to win on the back 9 at Augusta in 1986. Which golfer will find his game and charge on the back nine this Sunday and win? It's fun to watch. 
 Speaking of famous second shots on the par 5 15th, yesterday Tiger Wood's second at 15 hit the flag-pin and bounced back off the green and into the water hazard. An unlucky break. Tiger then elected to drop two yards back from where he hit his original shot. A kerfuffle has erupted. 
Rule 26-1 allows a golfer to seek relief from a shot in a water hazard at either the drop zone or "by playing the ball as nearly as possible at the spot from which the original ball was last played."
After his round Tiger was interviewed about the shot and stated that he went two yards back from his original shot because after seeing the shot that hit the flag stick he didn't want to over shoot the green. Query: is two yards back "as nearly as possible at the spot from which the original ball was last played?" Doesn't seem so. Tiger recorded a six on 15 and submitted his card reflecting a six. But if his drop was incorrect he should have given himself a one shot penalty and recorded a seven. The penalty for submitting an incorrect scorecard? Disqualification. Tiger is playing great golf and is currently two back of the leaders. WOW. By noon today we should have the answer. 
Breaking: Tiger was given a two shot penalty. Seems hypocritical. Anyone else would have got DQ'd.

Jacqueline Koo- the wife of the late, great REG Judge Dominic, passed away at age 91 on March 28, 2013. For those lawyers who don't remember a world before cell phones and Starbucks , Dominic Koo was Miami's (and surely Florida's ) first Asian-American Judge. Koo ran for County Court Judge under the then decidedly non-politically correct slogan "give a chinaman a chance". 
Dominic Koo was a true original. He was a man of common and uncommon wisdom and the type of judge who was always in good humor and made litigants in his courtroom feel comfortable. 
It's important to remember the great Judges and lawyers who held court long before most of us ever arrived on the scene. 

Enjoy your spring weekend. 

VENZER RC'D

Justice Building Blog Dictionary:

Rodriguez-Chomat: Noun: Judge in a criminal division who bears a passing resemblance to the writer Ernest Hemingway.  Usage: "I have a trial scheduled today before Judge Rodriguez-Chomat." 
Verb: "Rodriguez-Chomated": To be, as a judge, the recipient of visual or verbal abuse from a defendant, especially during bond hearings. Usage: " Some Defendant Rodriguez-Chomated Judge Venzer during bond hearings today."

Here's what happened during the bond hearing on Wednesday:








The Defendant was in a bad mood, but it was his lucky day, because he ran into an experienced judge who knew just what to do. From your Local 10 website:

"That b*tch stabbed me! F*cking b*tch! Your officers beat my ass so f*ck you!" he continued. "They beat my ass and stabbed my ass! I had a restraining order against that b*tch! F*ck you!"

"I can't imagine why, sir," replied Venzer.

"F*ck you and your court! F*ck you! Can't nobody -- you can't judge me!" he answered.

"You know what I am going to do, Mr. Leveille?" she said.

"I don't give a f*ck what you do. Go to hell. You can go to hell for all I care," answered Leveille.

Venzer sent Leveille back to his cell, where he spoke with a public defender, then brought him back for the afternoon bond session.

There's an old axiom that by the time a Judge holds someone in contempt, the Judge has already lost control. 

In this case, Judge Venzer did an admirable job of divorcing herself from the defendant's anger and ad hominem attacks. She kept control of herself and the court, and did what a judge is supposed to do. Well done Judge Venzer. Well done indeed. 

TO KILL OR NOT TO KILL; THAT IS THE QUESTION.

THE CAPTAIN REPORTS:

TO KILL OR NOT TO KILL; THAT IS THE QUESTION.

UPDATE:

Authorities said 59-year-old Larry Eugene Mann was pronounced dead at 7:19 p.m. Wednesday following a lethal injection at Florida State Prison near Starke.

http://www.huffingtonpost.com/2013/04/10/larry-eugene-mann-execute_n_3056740.html

No. It's not from Hamlet.  And I'm certainly no Shakespeare; but that is the question of the day.  Today, after spending more than 32 years on Death Row, Larry Eugene Mann may actually meet his maker.

Printed below is the biography of the State v. Larry Eugene Mann.  What we need to be asking ourselves, as we occasionally do on the pages of this Blog, is whether Florida should still be in the business of execution?  What was the cost for the past 33 years of litigation; the trial attorneys; the appellate attorneys; CCRC attorneys; and all of the other costs associated with a case winding its way through the criminal justice system.  And what was the cost to the family of the victim in having to live out this nightmare, over and over again, for more than 32 years, before, finally, the State may actually succeed in sticking a needle into the arm of Mr. Mann, and killing him.

Here is the biography; (and it only takes us through 2003).  Please give us your thoughts.  But more importantly, please go one step further.  Engage yourselves in the system.  It is easy to sit idly by and curse the death penalty.  It is another thing to actually communicate your thoughts to one of the 160 elected representatives in our State Legislature.  It is only with engaged communication that we might ever see a change come to our State.

DC# 077663
DOB: 06/09/53

Sixth Judicial Circuit, Pinellas County, Case# 80-8741
Sentencing Judge: The Honorable Philip A. Federico
Attorneys, Trial: Susan F. Schaeffer & Patrick D. Doherty – Private
Attorney, Direct Appeal: David A. Davis – Assistant Public Defender
Attorney, Collateral Appeals: Marie-Louise Parmer & Leslie Scalley – CCRC-M

Date of Offense: 11/04/80

Date of Sentence: 03/26/81

Date of Resentence (I): 01/14/83

Date of Resentence (II): 03/02/90

Circumstances of the Offense:

At approximately 10:30 a.m. on 11/04/80, 10-year-old, Elisa Nelson was riding her bike to school. She was late for school because she had a dentist appointment that morning, and her mother had given her a note excusing her absence.

Elisa’s bicycle was found later that day in a ditch approximately one mile from Elisa’s school. A search party, which included police officers and community members, was initiated. Elisa’s body was found on 11/05/80.

Elisa died from a skull fracture possibly caused by a single blow to the head. A cement-encased steel pipe was found lying next to the body. There were two lacerations approximately 3.5 and 4.5 inches along the girl’s neck.

The medical examiner could not discern if the lacerations were made before or after the child’s death, but they were not the cause of death. There were no signs of molestation on the body.

The same day that Elisa disappeared, Larry Mann attempted to commit suicide by slashing both of his forearms. The police were summoned to help, and Mann stated to them that he had "done something stupid and needed help." Mann was taken to the hospital were the doctor ruled that Mann had made a serious attempt to end his life.

On 11/08/80, Mann asked his wife to retrieve his glasses from his 1957 Chevy pickup truck. Upon doing so, Mrs. Mann found the bloodstained note that Elisa’s mother had written to excuse her from school.

A friend of Mrs. Mann’s reported this finding to the police and that resulted in a search warrant of Mann’s truck and house. Inside the truck, a bloodstain was found with the same blood type as both Mann and Elisa. On 11/10/80, Mann was arrested.

Prior to the above incident, Mann had previously attempted suicide at least three or four times. Mann also has a history of pedophilia and psychotic depressions.

Trial Summary:

11/18/80 Defendant indicted on the following charges:

Count I: First-Degree Murder
Count II: Kidnapping

11/20/80 Defendant entered a written plea of not guilty

03/19/81 Defendant found guilty on both counts

03/20/81 A majority of the jury recommended the death penalty.

03/26/81 The defendant was sentenced as follows:

Count I: First-Degree Murder – Death
Count II: Kidnapping – 99 years to run consecutive to Count I

09/02/82 Trial remanded to Circuit Court for resentencing by FSC

01/14/83 Order denying advisory jury panel

01/14/83 Defendant resentenced as follows:

Count I: First-Degree Murder – Death
Count II: Kidnapping – 99 years to run consecutive to Count I

04/02/88 Trial remanded to Circuit Court for resentencing by the USCA 11^th Circuit

02/06/90 Upon advisory sentencing, the jury, by a 9-3 majority, voted for the death penalty.

03/02/90 Defendant was resentenced to death on Count I, First-Degree Murder.

Case Information

Mann filed a Direct Appeal to the Florida Supreme Court on 05/04/81. Mann contended that the trial court improperly allowed into evidence the bloodstains found in his truck due to the fact that the blood type matched both him and the victim.

The Court ruled that the trial court properly admitted this evidence and found the conviction free from substantive error. The conviction was affirmed. In regard to his sentencing, the Court found that the trial court improperly applied the aggravating factors of prior conviction of a felony involving violence and the homicide to have been committed in a cold, premeditated manner. The Court vacated the sentence and remanded the case to the trial court for a new sentencing proceeding without a jury.

Mann was resentenced to death by the Circuit Court on 01/14/83. He filed a Direct Appeal after resentencing to the Florida Supreme Court on 03/25/83. Mann contended that the Court’s original opinion barred the state from presenting additional evidence at the resentencing. The Court found no error and affirmed the sentence of death.

Mann filed a Petition for Writ of Certiorari to the United States Supreme Court on 10/22/84. The petition was denied on 01/14/84.

Governor Graham signed a Death Warrant for Mann on 01/07/86. A 3.850 motion and a stay of execution were filed to the Circuit Court on 01/30/86. The motion and the stay of execution were denied on 01/31/86. On 01/31/86, Mann filed for a stay of execution pending the appeal on 01/31/86, the stay was denied on the same day.

On 02/01/86 Mann filed a 3.850 appeal, a Petition for Writ of Habeas Corpus, and a stay of execution to the Florida Supreme Court. Mann’s main claim was ineffective trial counsel because of his attorney’s failure to object to statements made by the prosecutor during closing arguments of the penalty phase.

The Court ruled that these comments did not constitute a reversible error. The Court denied the habeas and the stay and affirmed the trial court’s denial of the 3.850 motion on 02/01/86. No rehearing was allowed and a mandate was issued on 02/10/86.

On 02/03/86, Mann filed a petition for Writ of Habeas Corpus with the United States District Court, Middle District. The District Court granted the stay of execution on 02/03/86, but denied the Habeas on 02/19/86.

On 03/19/86, Mann filed Habeas Appeal to the United States Court of Appeals, Eleventh Circuit. Mann raised only one issue in reference to his conviction. He states that he was involuntarily absent from the jury’s presence when they were allowed to view the crime scene, which violated his rights under the 6^th, 8^th, and 14^th Amendments. The USCA found this to be a harmless error and denied all relief as to his conviction.

In regard to his sentence, Mann raised five issues. Three did not entitle Mann to relief, but the claim that the court diminished the jury’s sense of responsibility in imposing the death sentence entitled Mann to relief in the form of a resentencing proceeding. Due to this finding, the USCA stated that the need to render a comment on the fifth issue was moot. The sentence was reversed and the case was remanded to the circuit court for a new jury sentencing proceeding on 05/14/87.

On 09/10/87 the previous opinion was vacated and a rehearing en banc was scheduled. The case was reheard en banc on 12/14/87, and a new opinion was issued on 04/02/88 again reversing the sentence and remanding the case to the circuit court for re-sentencing.

The State filed a Petition for Writ of Certiorari to the United States Supreme Court on 06/19/88. The petition was denied on 03/06/89. On 02/06/90, a jury recommended the death penalty by majority. Mann was resentenced to death on Count I, Murder in the First Degree on 03/02/90.

Mann filed a Direct Appeal to the Florida Supreme Court on 05/04/90. The Court affirmed the sentence of death on 04/02/92. The rehearing was denied and a revised opinion was issued on 08/27/92. The Court again affirmed the sentence of death. A mandate was issued on 09/28/92.

Mann filed a Petition for Writ of Certiorari to the United States Supreme Court on 11/25/92. The petition was denied on 01/19/93.

A 3.850 Motion was filed to the Circuit Court on 04/28/94. The motion was denied in part and an evidentiary hearing was granted. The motion was denied on 03/27/97. A 3.850 Appeal was filed in the Florida Supreme Court on 04/30/97.

The appeal was dismissed and CCRC was directed to file an amended 3.850 motion within ten days on 06/25/97. An amended 3.850 Motion was filed to the Circuit Court on 07/07/97. The motion was granted in part and an evidentiary hearing was granted on 07/29/98. The evidentiary hearing was held on 12/01/98 and the motion was denied on 01/13/99. A 3.850 Appeal was filed in the Florida Supreme Court on 02/15/99. Mann raised ten issues.

The Court found five to be procedurally barred and the remaining issues without merit. On 09/28/00, they affirmed the trial court’s denial of the 3.850 Motion. The rehearing was denied on 10/31/00, and the mandate was issued on 11/27/00.

Mann filed a Petition for Writ of Habeas Corpus on 12/20/00 to the Florida Supreme Court. The State claimed that the Florida Rule of Appellate Procedure 9.140 bars Mann’s Petition for Writ of Habeas Corpus. The Court did not bar the petition under Rule 9.140, but stated that as of 01/01/02, all petitions for extraordinary relief must be filed simultaneously with the initial brief appealing the denial of a rule 3.850 Motion.

The Court accepted the Petition and addressed Mann’s five issues. The claims raised were either without merit, rejected, or procedurally barred; therefore, the Court denied the petition on 07/12/01. The rehearing was denied on 09/05/01.

Mann filed a Petition for Writ of Certiorari to the United States Supreme Court on 11/28/01. The petition was denied on 06/28/02.

On 08/09/02, Mann filed a Petition for Writ of Habeas Corpus to the United States District Court, Middle District. It was administratively closed on 08/16/02 due to pending cases in the Circuit Court. The case was reopened on 11/18/04. The petition was amended on 01/18/05.

Mann filed a 3.850 Appeal to the Florida Supreme Court on 03/17/03. The Court affirmed the trial court’s denial of Mann’s 3.850 Motion.

 

CAPTAIN OUT .........

captain4justice@gmail.com