GREG PREBISH HAS PASSED AWAY

Greg Prebish, a former Miami Criminal Defense attorney who relocated his family to Jackson Hole, Wyoming, where he worked as a lawyer and a host for the mountain ski resort, passed away suddenly over the weekend from septic shock as a complication from a minor knee surgery. 

Greg is the son of famed Miami Criminal Defense Attorney Harry Prebish, who co-founded the Miami Chapter of the Florida Association of Criminal Defense Attorneys. 

Greg was a great lawyer. Beloved and respected by his colleagues from both sides of the courtroom and the Judges who presided over his cases. 

Greg was a fixture on the FACDL ski trips, and at some point he decided the mountain life was for him, so he very bravely gave up his practice here and went to Wyoming, where he was able to live the life he always wanted to live. So many of us dream of doing something like this, but so few of us actually do it. Greg passed away way way too early, but at least he was living life on his own terms. Good for him. 

There is a GoFundMe page to help Kim-Greg's wife, with the unexpected funeral and travel expenses. It would be really a great gesture if Greg and Kim's Miami friends pitched in. 

Here is the local paper's obituary. 

From the obituary: 

In the wake of his death multiple organizations and people in the valley remembered him as a dedicated volunteer, a caring man, a conscientious professional and a good friend.

“He was very involved in this community, and he cared a lot about his clients and his friends,” lawyer and Jackson Municipal Judge Melissa Owens said. “I think that’s the word you’re going to hear again and again, is how caring he was.”

Owens, also one of the leaders in the Teton County chapter of the Wyoming Bar Association, knew Prebish both as a fellow lawyer and as one of the men she could count on when she needed volunteers for bar association events.

“It’s not always easy to find people who can or will make time to be a part of those things,” she said, “but he was involved with things like the bar holiday party every year since I became involved myself. He was always willing to help.”

Nonprofits such as the Teton Access to Justice Center and the Community Safety Network remember Prebish as a man who was dedicated to getting justice for the people the organizations served and always willing to help.

Prebish spent at least one evening each week serving as the on-call attorney for the Access to Justice Center, where he offered his services free of charge to the center’s clients, both in representing them when necessary and in providing guidance in filling out legal forms. The center serves Teton County residents who are in need of legal assistance but who cannot afford the help they need...

#CASTRODEAD?

Rumors are rampant that Fidel Castro has assumed room temperature. 

Dead or alive?

You know this is a big story when the Mega-Miami-Media-superstar-reporters like David Ovalle and Brian Andrews are being hustled to La Caretta and Versailles to closely monitor the situation. 

Here's what we know:

Lines are forming outside Home Depot to buy plywood. Ditto Publix for water. 
There's been a run on tres leches and  picadillo and maduros. The situation is fluid and it is unknown at this time if we will be having dinner and dessert. 

Mitt Romney is running for President in 2016. Really. It has nothing to do with Castro, but it's cool. Our generation's Harold Stassen. 

So here's what we suggest. Have a glass of rum and then a shot from a collada and watch Godfather II. Whatever will be will be. 

HR. 

JUDGE MORTON PERRY HAS PASSED AWAY

UPDATE: PLEASE BE ADVISED THAT ALL FUNERAL SERVICES FOR JUDGE PERRY ARE PRIVATE AS PER THE REQUEST OF THE FAMILY

Judge Morton Perry May 15, 1924-Janaury 5, 2015. 

Back when the County Court Criminal Bench was almost exclusively white (Calvin Mapp being the only exception we can recall during this time period) and male and non-latin and there were separate divisions for crimes and traffic (lets see, Gerry Klein, Alfred Nesbit, Arthur Winton, Morton Perry in the crimes division)  Judge Morton Perry was the epitome of what one would expect a judge to look like and be. He had a distinguished look about him. He was kind and calm and when we first walked into his courtroom as a young lawyer, he just looked like what Hollywood would cast as a Judge. 

But he was also a fair judge, patient with the multitudes of unrepresented defendants who appeared before him along with the brand new prosecutors and PDs, many of whom knew less about the law than some of the "regulars" who appeared often in county court. 

We once saw Judge Perry handle a solicitation of prostitution case and he recognized the defendant: "Sir, weren't you in my courtroom last week on the same charge?"
Defendant: "Yes Judge, that was me."
Judge Perry: "What do you have to say for yourself?"
Defendant: "I don't know judge, I guess I fall in love quickly." 

It took several minutes for Judge Perry and the rest of the courtroom to stop laughing. 

We remember Judge Morton Perry as a good and kind man and a fair judge who tried his best. He was a credit to the bench in Dade County and he served this community well. 

THE MORE THINGS CHANGE...

We received this comment and removed the attorney's name and decided to post this on the blog as a post. 

Of course it's unethical. Attorneys cannot solicit business in this matter.  Plus it violates the code of the shark to work for reduced rates.  Of course, as thousands of defendants serving lengthy prison sentences can attest to, you get what you pay for. 

Dear Rumpole,

I am curious as to whether you will post this question and, more importantly, your opinion on the practice.

I have had several clients over the past year or so tell me that XYZ ESQ has been sending his associates unsolicited to visit clients in the jails to get hired. Most of these inmates are represented by the PD's office and are handed a stack of  XYZ ESQ business cards to pass around to other inmates. The clients tell me that  XYZ ESQ offers to represent inmates for very reduced rates if they recruit other clients for his firm. He asks them for a list of all PD clients in their cell and then they go and visit them to do the same thing. Many of my clients (more than five) have independently told me this over the past year and have been recruited by these inmates. And one of my clients was actually visited by one of his associates recently and asked to switch firms.

Do you think it is legal/ethical to send associates unsolicited to the jails to attempt to get PD clients to hire him?

Wednesday, January 07, 2015 4:19:00 PM

Don't attempt to leave a comment with the attorney's name. We believe the comment to be true, but we won't print the name without attribution from clients and then giving the attorney a chance to respond.  If you leave a comment with an attorney's name, it will NOT be published, so don't waste your time and ours. 

SO, YOU WANT TO BE A COUNTY COURT JUDGE

THE CAPTAIN REPORTS:

SO, YOU WANT TO BE A COUNTY COURT JUDGE .....

As a result of the resignation of Judge Gladys Perez, there is a vacancy on the County Court.  The following 26 attorneys have applied to the 11th Circuit's Judicial Nominating Commission for consideration:

Julio M. Gomez
 *Laura Ann Stuzin
Adriana Collado-Hudak
Elijah A. Levitt
Thomas Aquinas Cobitz
Erik M. Vieira
Bruce S. Reich
Gina Beovides
Christopher A. Green
Carlos L. Fernandez
Ansley B. Peacock
Steven Lieberman
*Diana Vizcaino
Scott M. Janowitz
Gordon Charles Murray
David Alschuler
Karl S.H. Brown
Griska Mena Rodriguez
Luis Perez Medina
Sandra J. Millor
Jonathan Meltz
Peter S. Heller
Julie Harris Terry
Isadora Velazquez-Rivas
Lody Jean
Leonard Leigh Elias

The JNC will now review their applications and decide how many of the 26 to interview in person.

*Ms. Stuzin and Ms. Vizcaino were both recently nominated by the 11th JNC to the two open Circuit Court seats (Gayles & Bloom); those seats were eventually filled by Jason Bloch & Rodolfo "Rudy" Ruiz.

If you would like to provide your input to any of the JNC members about any of these attorneys, you can find the JNC members' names and contact information here.

I LOVE MY LAW LICENSE .................

And in case you missed yesterday's post by Rumpole, read it again. "Protect Yourself".  And if you need further support for this mantra, just take a look at the latest Florida Supreme Court's disciplinary opinions published on December 31, 2014.  The Court disciplined no less than 22 attorneys in their latest Orders of Discipline and at least eight of those lawyers suffered the harshest of penalties; disbarment or revocation of their license.  You can read all about it here.

Happy New Year to all our loyal blog readers.  Looking forward to another great year of blogging in 2015.

CAPTAIN OUT .....
Captain4Justice@gmail.com

F. LEE. BAILEY

We can think of no better way to start off the 2015 blogging season than to refer you post-haste, to Roy Black's blog and his coda to F. Lee Bailey. 

Go here, now, and read, and learn. 

Lee Bailey's life reads like a Shakespearean tragedy, with a sad ending of disbarment, the roots of which were planted in one of his greatest achievements- the cross of detective Mark Furman in the OJ Simpson trial.  Roy Black wrote that at the time he didn't think Bailey had done much damage during the cross. But in a rare instance of your humble blogger seeing more than the Jedi-Master of Cross-examination, we immediately  saw what Bailey had done. The greatness of the cross was that Furman was finished, only he and the prosecution didn't know it yet. Like a ninja, Bailey had slipped in the knife without anyone knowing it.  And the lesson there was, as Roy Black wrote: "A great cross reverberates across the entire scope of the evidence and takes on a life of its own." Indeed. 

For us, constant worriers about the fate of the world, the ending of Bailey's career re-enforces a belief (nee fear)  we have had for sometime- the legal careers of old criminal defense attorneys often end badly.  Maybe it's because the vast sums lawyers occasionally collect cause them to forget the hard times, and they fail to save. 
As equally as likely is the superman complex- we walk into the belly of beast and save the damned. The rules don't apply to us. 

Or so we think. 

Until we make that one fatal mistake. We ignore that nagging pain until a health care disaster strikes us down.  We spend like the cases and clients will never stop. 
Or as Roy Black wrote about Bailey's downfall : "The man who protected everyone didn't protect himself."

Stop. You. Reading this. Stop. The texts and emails will wait. 
Read that again. "The man who protected everyone didn't protect himself." 

If it can happen to one of the greatest criminal defense attorneys of  the last sixty years, it can happen to you. 

Protect yourself. 
Rumpole's first admonition for 2015. 

See You In Court. 

WHY THIS BLOG?

Why we blog:

On November 9, 2011 we did a blog post on the passing in May, 2011, of REGJB Legend Judge Phil Knight here. 

Early Saturday morning, more than four years later, we received this comment:

CHESSMAN said...

I was once a neighbor of the honorable Judge Knight back in 1991-1993. He was a remarkable man. His wife, Mrs. Knight was a sweetheart. He obviously left an impression on me as a youngster since I randomly decided to google him and found this blog. Rest in peace Judge Knight. Peace and blessings to your surviving love ones.

Saturday, January 03, 2015 3:31:00 AM 

This is why we blog.

The law, for better or worse, has now been our occupation, vocation, and avocation for half our life (plus or minus a year or two). And we have practiced law mostly in the REGJB (plus or minus a trip to Broweird or the federal courts around the country- one of our favourite cases being a three week trial in DC several years ago.)

The REGJB has been a building that has held the judges and juries and lawyers that have decided the fates of Miamians for over a half a century. The people who have worked in our building have defined Miami (Richard E Gerstein) and shaped this country (Janet Reno). From clerks and bailiffs and corrections officers to brilliant Judges (Phil Knight, Ed Cowart), to uniquely Miami characters- Sy Gaer, Ellen Morphonios, their stories needed to be told, their work needed to be remembered, their lives needed- in some small way-to be honored. 

That's what we try to do here. 

Time marches on, and the next generation replaces the last. We have new judges and lawyers marching (confidently or trepidatiously) into the REGJB in 2015, and they will affect the lives of  Miamians who come to the courthouse as defendants and victims and witnesses.  Some will do great things; some will fail miserably. 

All are working under the shade of trees, grown from acorns planted by those who came before them.  Some of those were giants in their fields. Many were mediocre, most tried to do their best; all sought that most amorphous and shadowy of highest ideals: JUSTICE.  It was, after all, first called the "Justice Building" 

For better or worse, here comes 2015. It all starts Monday. 

*See You In Court.

*Figuratively speaking. Our first rule of trials is to never ever let a case be set for trial the first week of January. Too many judges and prosectors return with new year's resolutions of trying more cases and getting tougher at sentencing dancing in their egg-nog -hung-over-minds.  Some of the worst injustices that we have ever seen have occurred during this first week or two.  Long time, and careful readers know our inviolate rule by now. 

THE LOST GENERATION

For reasons we cannot explain here, we found ourselves on New Years Day, in, of all establishments, a McDonalds, in a bland mid-western state.

A woman with a shock of white hair who was in her mid-sixties greeted us. Behind her, a stooped, old man ran the French-fryer. When we sat down (we didn't eat any food- pure poison) an old woman, bent over with gnarled hands was running a mop on the floor in desolate strokes.

What happened to high-school students getting their first job at McDonalds? Now it seems that seniors are turning to McDonalds to survive, and not just for meals.

Their parents were the greatest generation, and their children are the baby-boomers and gen-X and Gen-Y'ers. .
The greatest generation fought and won two world wars and twice saved Europe.
Their grandchildren- the Baby Boomers, were born into a world that would soon see men on the moon. Boomers grew up watching the world explode in civil rights marches, the deaths of John and Martin and Bobby. Their parents might have caught the Korean war or the Vietnam war, and neither resulted in a victory.  Baby-Boomers went to college in droves and became doctors and lawyers and financiers, and their children and grandchildren ushered in the communication and tech age-financed by the Boomers. Sandwiched in-between the success of two world wars and the micro-chips and digital technology, the lost generation struggled to what now seems an inglorious end.

Does greatness skip a generation?

It's not fair to disparage a generation, and in fact we aren't disparaging our parents generation. What we are doing is recognizing that they are they people left standing without a chair when the music stopped. Their generation killed two Kennedys and MLK. They elected Nixon and re-elected him, although his hands were caught in the Watergate till, and then they dumped Ford for Carter, and that's where it stood until the majority of Baby-Boomers came of age and dumped Carter for Reagan.

They smoked and drank and ushered in fast food, diet soda, and became the sickest generation, as their health care costs are partly responsible for sinking them into poverty.

You can start the emails with their accomplishments- and we won't deny them. But overall, and maybe it's just the start of the New Year blues in a cold, desolate environment- but this generation seems lost and sad.
The saddest generation?

Court starts anew Monday, and if you have listened to our warnings over the years, you will remain safely ensconced in your office. Trials on the first week are a no-no.

A NEW YEAR

 

 

 

Be at war with your vices;

At peace with your neighbors;

and let every new year find you a better man person.

 

Benjamin Franklin.

 

 

Have a happy and prosperous new year.

And hopefully you have followed our number one rule of trials: never ever ever set a case for trial for the first week of the new year. Judges and prosecutors return with new year's resolutions of getting tough on crime and trying more cases and handing out harsher sanctions dancing in their heads like visions of candy canes and free drinks and meals.

 

HR.

Proprietor, Justice Building Blog.



CHAMPIONS

TEAM FIMAN won the second REGJB Fantasy Football league this year, with a sterling (Donald Sterling was on his team) record of 10-3. He truly dominated the league. 

DUSTIN TISCHLER was the Survivor Pool champion, picking a winning team in all sixteen weeks of the season. 

Congrats to our champions, and thanks to all of our players in both competitions who made this a very enjoyable football season. 

Speaking of which…..

Take the Fins at home over the hapless J…E….T….S and Rex Ryan's last game as coach -6. 

Take the surging Raiders on the road, getting 14 at Denver where Peyton Manning is ailing. 

Take the Steelers, at home, in the Sunday night game,  -3, over the Bengals, to win the AFC North Division.   Also take the over 48. 

TRACK SANTA & YUEL LOG

HER MAJESTY, THE QUEEN'S CHRISTMAS MESSAGE


 











NORAD SANTA TRACKER

HANDS UP MIAMI- WE CAN'T BREATHE

In light of the tragic assassinations of two innocent NYPD officers this weekend by a deranged man, is there any further proof needed  that we as a nation are being rent by violence, illegal guns, outdated laws, and a failed justice system that engenders distrust, not trust, and anger, not healing? 

Police kill citizens. Secret grand juries refuse to indict. The old racial lines of white cops and black suspects appear again,  49 years after white Alabama State Troopers attacked peaceful white and black protestors on Bloody Sunday during the march from Selma to Montgomery. Social media crackles with all sorts of messages, some peaceful, some threatening. And then some mentally ill man kills two innocent police officers. NYC Mayor Bill DeBlasio rushes to the hospital, while NYC police union officials accuse the mayor of having blood on his hands. A thirteen year old boys collapses in grief at the sight of his dead father, while uniformed police officers turn their back when the mayor enters the room for a press conference. 

Where are our leaders? Where are the level headed people who are working to bring our society together, instead of wringing their hands over the deep rifts fracturing this country?

We practice a little civil law, and its always a bloody "if they want it-we don't" scorched earth type of litigation. Never room for compromise, every case replete with accusations and the now common litigation tactic of threatening bar complaints. 

In Congress, each party despises the other. When the president makes courageous moves to end  50 failed years of antagonism with Cuba, the other party calls him a traitor and wants to impeach him. One gets the idea that if in one bold stroke the President somehow removed the dictator of North Korea and instilled a peaceful democracy there, the other party- fearful of the president being successful- would call for his indictment for violating international law. 

Every issue in our society seems to be a zero sum game, where each participant only sees a win or a loss, and can't understand that sometimes playing the game is a loss for both sides. 

So the deaths of these police officers, like the death of citizens at the hands of police officers before, becomes just another move in the chess game. The battle for public opinion and the upper hand. Meanwhile, there are no leaders, there is no healing, problems are not being solved, and a young boy faces the first of the rest of his Christmas's without his father. 

"Hands up. I can't breathe. Where's my dad? "
It seems like it will never end. 

NFL WEEK 16 2014.

Perfection.  "The quality or state of being perfect. Freedom from fault or defect." 

Today, Dustin Tischler stands alone at the precipice of perfection. A perfect season. Sixteen picks in the survivor pool, sixteen correct choices. 

Yesterday Plea D went down hard with the Eagles and Mark Sanchez losing to the Redskins. Here's a tip- never place your future in the hands of a Mark Sanchez led team. 

Now it all rests on the shoulders of Tischler, who has picked the Cheaters against the Jets today. 
Will Rex Ryan spoil the dream? Or will Tischler stand with the 1972 Dolphins and Don Larsen? 
Stay tuned. 

We like the Texans +6  at home against the Ravens .
Steelers -3 at home over Chiefs. 
Panthers -4 at home over Browns and Manzel. 

KARMA KRAMER

Many years ago we were retained to represent a troubled man; he was a professional in his late twenties and had some issues with his recovery. He had some personal issues which made him vulnerable to manipulation, and in fact he fell into a trap laid by some BSO deputy-thugs, and their snitches. He tried to get out of what he saw unfolding as a drug deal- but it was too late. He drove away, the police made a very bad stop. He refused a request to search his car and was badly beaten.

The case was replete with issues, from entrapment to a bad stop, to an illegal search, to police brutality. There was really no excuse for the broken nose, black eyes, and missing teeth in the booking photo.

But the case was in Broward. It was assigned to a judge who had been a former prosecutor and a former attorney for the police. She was sarcastic, sneering, uninterested in reading the motion we filed, and tossed- like a dirty napkin- the booking photo we entered into evidence- using two fingers and holding the edge of it and flipping it to her clerk like it offended her that we would argue such nonsense. She insisted on holding the hearing on the motion to suppress as the first thing she did on a busy Monday morning calendar, with a courtroom full of police officers and prosecutors. And she made it a very loud point to tell the bailiff to have a jury outside by 9:30. 

In other words- a Miami Lawyer getting the full Broward Monty.

Our client sat at the table muttering over and over again  "I can't believe this is happening....I can't believe what I am seeing."  We had no words to soothe him. He was right. We couldn't believe it was happening, but for the fact we were in Broward, where it happens every day.

A judge came in to speak with our judge during cross examination. Our judge waived us on- "Don't stop. I am listening."
We sat down at counsel table.  She glared at us. "You are listening Judge, just not to my questions" I said. "ohhs and ahhhs" were issued from the gallery and gaggle of police officers who were enjoying the show, watching a judge abuse us and our client.

"Thank you" our client whispered to us "for at least fighting for me."

Of course the motion was denied. And of course the prosecution increased the plea offer to prison for a man who had a job, had a health issue, and would lose everything, including his irreplaceable health insurance.

But that's why the good lord made juries, and the jury saved us.

But yesterday the jury didn't save Judge Cynthia Imperato. She was found guilty by a West Palm Beach jury for a second DUI outside of ten years. When prosecutors all over the state routinely threaten jail to anyone with the temerity to seek a jury trial on a first DUI, Judge Imperato was sentenced to twenty days house arrest.
But she went to trial and was convicted.
How does it feel when the Justice System works?

Karma Kramer.

BRINGING HOME THE BACON

Over on the South Florida Lawyers Blog,  ("Summary judgment is fun and interesting!" ) they are covering Judge Shephard's massive smack down of Judge David Miller in this opening paragraph of the  opinion on a writ of prohibition: 

It has long been said in the courts of this state that “every litigant is entitled to nothing less than the cold neutrality of an impartial judge.” State ex rel. Davis v. Parks, 194 So. 613, 615 (Fla. 1939). Regrettably, the trial judge in this case has

abandoned his post as a neutral overseer of the dispute between the parties, compelling us to grant Great American Insurance Company’s Petition for a Writ of

Prohibition.

But we like the concluding coda to the opinion: 


In the words of the sixteenth century statesman and jurist, Sir Francis Bacon (1561-1626):
Judges ought to be more learned than witty; more
reverend (sic) than plausible; and more advised than
confident. *** Patience and gravity of hearing is an
essential part of justice; and an overspeaking judge is no
well tuned cymbal.

“Of Judicature,” Francis Bacon Essays, pub. by J. M. Dent & Sons, 1958, Essay

LVI, pp. 162, 163.

Just so we're clear, Sir Frankie B was talking about judges, not bloggers. 

See You In Court. 

btw- any rumor of an alliance between certain judge, prosecutors, raconteurs and North Korea designed to shut down this blog, is merely that: a rank rumor. 

THE WORST OF THE WORST

Hate is protected speech.
We are publishing, with permission of the recipient, the anonymous hate mail sent to her by a coward.
And make no mistake about it, a coward sent this.
We are publicizing it to shame the coward.
Oh, they might enjoy it at first. But as it lingers, and people view it, and think to themselves about the coward who sent it who didn't have the guts to sign their name to their hate mail, it will begin to make them uncomfortable. Maybe they will get upset. At some point they will want us to take it down. But we won't. Others have tried and failed. This post will be an everlasting monument to their abject cowardice.

Enjoy it coward.

Hate mail from facdl member 2 from Justicebuilding

THE BEST OF THE BEST

In the early morning hours of December 16, 1944, under snow heavy skies and zero temperatures, 30 German Divisions attacked Allied armies in the Ardennes Forrest area of Belgium, Luxembourg and France.  The Allies, caught by surprise, the weather having limited the ability of arial surveillance, and overconfidence, fell back under the onslaught, creating a "bulge" in the Western Front. 

The German plan was the smash the Allied armies, re-seize the port of Antwerp, which would have delayed the end of the war by years. Banking on the war weary British and Americans having little appetite for another three or four years of war, Hitler thought he could sue for peace, and then turn his attention and new war machines, like the jet fighter plane, against the Russians on the eastern front. 

A lot hung in the balance as allied troops fell back across a wide swarth of land. But in a few places, the allies refused to yield.  In Belgium, the battle hardened 28 infantry division held the crossings at the River Our and despite being spread perilously thin, held on. This allowed the 101st Airborne Division, which Eisenhower immediately summoned, to be trucked into Bastogne, before it was surrounded. As the 101st marched in, wearing summer pants and shoes- their winter clothes were being sent in other convoys, they met green allied troops fleeing in a panic, many of them screaming that the Germans had them surrounded.  More than one grizzled paratrooper chuckled that meant the 101st had the Germans just where they wanted them. 

What followed in the following days was some of the most miserable, bloody, freezing, fighting of WWII.  The 101st dug into the freezing ground on the outskirts of Bastogne. They were shelled unmercifully. Fighting subzero temperatures at night, German Panzers by day, the 101st held Bastogne. These men, who grew up in the depression; who volunteered for the airborne and survived the toughest training the army could devise; who jumped at night into Normandy and made their division famous, and who jumped into a disaster in Holland during operation Market Garden and again distinguished themselves- these men- simple American boys- cold- far from home- did what made them the greatest generation. They fought for each other. It was unthinkable to run. They all had trench foot- which entitled them to be relieved and removed to a warm tent at the rear- but that meant leaving a buddy behind, so they stayed, and endured the terror of the shelling, and the freezing nights, and fought and held on and won. 

You can find many battles where Americans distinguished themselves. But you would be hard pressed to find another battle, in such horrific conditions, against all odds and superior forces, where a group of men showed just what American Exceptionalism- whatever that may really be- is. 

We really can't do justice to the heroes of the Battle of the Bulge. Read Stephen Ambrose's excellent Band Of Brothers for the best account of the 101st at Bastogne. 

But when you are warm and safe in your bed tonight, remember that almost seventy years ago- the best of the best our nation ever produced, hung on, fought bravely against all odds, and made being and American something to be damned proud of. 

I CAN'T BREATHE

There massive rallies in NYC and DC over the weekend protesting the way the police treat people, and the way the justice system treats police who kill the people they are paid to serve and protect.

In our view we are half way there. When the protests also start looking at the the way the justice system treats defendants, then we will have all of skeletons out in the open. 

One thing is certain- the grand jury process is broken. 
The old saying is that the prosecution can get a ham sandwich indicted. And that is true, unless the ham sandwich has a badge. The last "no true bill" we can remember in Miami that didn't involve a police officer was a case in the mid-to late eighties involving an inner city store owner who electrified the roof of his store because of repeated burglaries. A burglar wandered into the trap and was electrocuted and died and the grand jury refused to indict. 

Grand juries were not supposed to be rubber stamps for prosecutors. But that is the system we now have. And this system is broken and has no credibility when the system is not impartial. More importantly, the system no longer has the faith of the people, and when you think about it, our entire society rests on the proposition that the people have faith in the government. 

MONDAY DECEMBER 22, 2014 IS HANDS UP MIAMI/ I CAN'T BREATHE DAY. 

We invite and ask all attorneys in the federal, civil, and criminal courts to approach the podium with a "hands up" gesture as a show of support for people who are protesting a broken court system. 

See You In Court, Hands-Up. 

In our survivor pool the contestants stand on the brink of a perfect season, with their choices of the Chiefs and the Seahawks winning yesterday.  Can they duplicate the Miami Dolphin's Perfect Season? Stay tuned. 

NFL WEEK 15

It was fun for a while, but the Dolphins' season ends today, in Foxboro, Massachusetts,  in the land of cheaters, ruled by an evil genius.  The Cheaters are -7.5 at home, and fighting for home field advantage, the Pats take care of business and make all Dolphin fans everywhere say "wait until next year…when Jim Harbaugh becomes the coach." 

The Blog fantasy football playoffs enter the semi-finals today, and of course your faithful blogger is in the mix, rolling our opponent last week with a study 162.5 points. And this week, as we have been saying all year to our opponents, " ask not for whom the (Leveon) Bell tolls, Team-Fi-Man, he tolls for thee." 

The game of the week is the Sunday night game, as the Cowpokes travel to Philadelphia, with the winner in, and the loser probably out. It's hard to lay cheesesteaks on a Mark Sanchez led team, and the Cowpokes are destined to lose on a late INT in the first round of the playoffs- it's just their fate- which means we are taking the visitors, +3.5, because you can trust your car to the man who wears the star. Cowboys +3.5 over Eagles.. 

Week 15 survivor pool- we will post the picks when we have both. 

Coming soon. It dominated the blog last December, and people in polite society are still talking about it- the Best Novels, and new this year- the Best Fiction, 2014. 

PHOTOS FROM SHARPSTEIN EVENT PLUS THE GRINCH

UPDATE: SCRUGGS LEAVES SAO: From Ovalle's Herald article: “I’m exploring whether to get back and do law enforcement here or in Alaska,” said Scruggs, 63, whose last day was Friday."
Now there's a quote you don't see every day. 

Read more here: http://miamiherald.typepad.com/nakedpolitics/2014/12/controversial-miami-dade-prosecutor-steps-down.html?utm_source=twitterfeed&utm_medium=twitter#storylink=cpy

UPDATE: PRO SE, A-OK. The pro-se defendant who was facing life in prison before Judge Rodriguez-Chomat this week was acquitted of all counts Friday after just slightly less than two hours of deliberation by the jury. The defendant was sentenced to 14 years on the PVH, proving that you can beat the rap, but you can't beat the ride. 

Courtesy of David Ovalle's twitter @davidovalle305, here are some pictures from the event unveiling the plaque honoring our dear colleague Richard Sharpstein. 

Also- a few alert readers sent us a picture in which they are sure they have proof of the Grinch, planing to steal christmas. (see below) 

Three curious judges….

Two happy judges….

a packed house, including big-wig ASAs

can you spot the Grinch, albeit a well dressed one, planning on stealing christmas? 

AND THEN A HERO COMES ALONG

For those of you new(er) to the REGJB, you might not know that Gregg Wenzel, a former Assistant Public Defender, resigned in the wake of 9/11 and joined the CIA Clandestine Services, where he lost his life overseas, on assignment, in a dangerous part of the world, protecting our freedoms. 

In Miami, Gregg Wenzel's memory has been kept alive by his good friend, Brian Tannebaum, who has attended the yearly memorial service at the CIA with Gregg's family, where there is a star in the lobby reflecting Gregg's "last measure of devotion."

It is rather for us to be here dedicated to the great task remaining before us -- that from these honored dead we take increased devotion to that cause for which they gave the last full measure of devotion -- that we here highly resolve that these dead shall not have died in vain -- that this nation, under God, shall have a new birth of freedom -- and that government of the people, by the people, for the people, shall not perish from the earth.
Abraham Lincoln, Gettysburg Address, November 19, 1863. 


Brian Tannebaum alerted us to  the Press release from Senator Gillibrand's office in which both houses of congress have passed a law renaming a post office in Gregg's home town in his honor. The Bill await's signature of the President. 

“Called to serve his country following the horrific events of September 11th, Mr. Wenzel paid the ultimate sacrifice in order to protect the freedoms we all know and cherish,” said Senator Schumer. “He is an incredible local hero and a true American. Naming the Monroe Post Office after him would be a truly fitting tribute to his courage, and allow his legacy to live on in an enduring way. I am honored to be able to announce that the bill to rename the post office has now cleared Congress, and I am confident that it will receive a signature from the President upon arriving on his desk.”

“Officer Gregg David Wenzel will forever be remembered by the Monroe community as a true hero,” said Senator Gillibrand. “He bravely answered the call to duty on behalf of our nation and put his life on the line to protect our freedoms. Naming the Monroe Post Office after Officer Wenzel will honor his life and commemorate his legacy. I am pleased this legislation has passed Congress and look forward to the President signing it into law.”

“Gregg Wenzel represents an entire generation who bravely served their country by answering the call to service following the attacks of September 11th. Serving on the frontlines of our intelligence operation, he ultimately sacrificed his life in defense of our freedoms. Our country owes a debt of gratitude to Gregg and his family, and for generations to come his hometown will be reminded of his service and sacrifice. Although no one can ever fully repay his family for their tragic loss, I hope this bill will come as some small comfort and as a tribute to his memory,” said Rep. Sean Patrick Maloney.

RICHARD SHARPSTEIN MEMORIAL

We received this email:

Dear Friends,

As we approach the holiday season this year, a time filled with festivities, excitement and family, we will sadly be marking one full year without our dear friend, Richard A. Sharpstein.  With the hope of honoring his memory and his wishes for the holiday season, I invite you to celebrate Richard’s life and work on Thursday, December 11^th at 11:30 AM in Court Room 4-1 of the R.E.G. Justice Building, 1351 NW 12th Street, Miami, Florida 33125.

While Washington is dysfunctional, our understanding is that the costs of this was paid for by private donations from Assistant State Attorneys, the FACDL, and the League of Prosecutors. 

Well done all. Well done indeed. 

For those of us who were friends and colleagues of Sharpie, this is a hard video to watch:

JUDICIAL ROTATIONS 2015

Update: Pro se rolls the dice. HVO and all the other letters of the alphabet; going to trial solo- sans counsel, today- Judge Rodriguez-Chomat. Facing life in prison. And think of it this way- if he loses, who gets the rule 3? See you in court. 

THE CAPTAIN REPORTS:

Round & Round it goes, where it stops, only The Captain knows. 

JUDICIAL ROTATIONS FOR 2015* ....... NOW YOU KNOW TOO .......

Hot off the presses, Chief Judge Bertila Soto announces "the moves":

NEW JUDGES:

Rodolfo Ruiz    Criminal CF-19 CR-4-5 (Rebull's Division)
Steve Millan     Criminal CF-06 CR-3-3 (Ruiz-Cohen's Div.)
Al Milian          Criminal CF-18 CR-7-2 (Sanchez Llorens' Div.)
Veronica Diaz   Criminal CF-20 CR-2-7 (Fajardo's Division)
Jason Bloch       Criminal CF-02 CR-2-8 (Gordo's Division)
Martin Zilber    Juvenile
Mavel Ruiz        Juvenile

ROTATIONS AFFECTING THE REGJB:

Colodny                        Criminal CR-4-7 to CR-4-2
de la O                          Criminal CR-4-5 to CR-4-3
Fajardo                         Criminal to Family
Glazer                           Family to Criminal Bond Hearing Unit
Gordo                           Criminal to Civil
Hendon                        Criminal to Civil
R. Hersch               Juvy to Crim. CF-04 CR-4-7 (Hendon's Div.)
Pooler                          Criminal CR-3-1 to CR-2-4
Rebull                          Criminal to Civil
Rodriguez-Chomat     Criminal CR-3-2 to CR-6-2
Ruiz-Cohen                Criminal to Civil
Sanchez-Llorens         Criminal to Civil
Thomas                       Criminal to Civil
Tinkler Mendez      Crim. CF-60 to CF-16 (Vacant Div.)
Tunis                     Crim. CF-71 to CF-60 (Tinkler Mendez' Div.)
Ward                     Civil to Crim. CF-03 CR-4-8 (Lobree's Div.)

OTHER ROTATIONS:

Areces              Family to Civil
Blake                Civil to Family
Cynamon          Civil to Family
Eig                    Civil to Family
Figarola            Juvenile to Family
Marin                Family to Civil
Miller                Civil to Family
Schlesinger       Family to Civil
Trawick            Civil to Family
Zabel                Civil to Family

*All Rotations will take place between January 2-29, 2015.

SO, YOU WANT TO BE A COUNTY COURT JUDGE .................

Last month Judge Gladys Perez informed Gov. Scott that she was resigning from the bench. The 11th Circuit JNC has now indicated that they are accepting applications for that open seat.  The deadline to apply is December 29, 2014.

All persons interested in applying must deliver a complete application and 10 copies to:  
Christine Hernandez-Baldwin, Chair
Eleventh Circuit Judicial Nominating Commission
c/o Miami Dade State Attorney’s Office
1350 NW 12^th Avenue
Miami, FL 33136

You can find an application here.

CAPTAIN OUT .................
Captain4Justice@gmail.com

SUNDAY NFL SUPRISE ATTACK DECISION

Before there was 9/11 (quick- what day of the week was it?) there was Sunday, December, 7, 1941, "a day which will live in infamy."  For those judges and prosecutors and PDs born after 1975, that was not the day Starbucks didn't offer wi-fi and didn't take groupons (whatever those actually are) for scones. It was the day the United States was "suddenly and deliberately attacked by naval and air forces of the Empire of Japan."

History is important, and we should take a moment today and remember why we live in a country that has Wi-Fi and Starbucks and all the other modern things we can't live without- including the freedom to protest by walking into court in a few weeks "HANDS-UP."

Just a thought.

There isn't a game we would suggest wagering a shekel on today. But we will take a flyer on a few-just for fun. Don't put your Xmas money on these.

The Raiders are +8.5 at home against the 49'ers. The Raiders start Derek Carr, rookie QB, after winning their first game of the season ten days ago. The dysfunctional 49'er stagger into the Bay, their coach the subject of rumors of a post-season trade to Oakland- which the equivalent of a judge being moved from Miami  Beach to Hialeah.  Take da Raiders.

An angry Ravens team comes to Miami after suffering a last second loss against the Chargers at home. The Ravens and our Fins are locked in a tight seven team tie for a wildcard spot. The Dolphins have a December game with  playoff implications! The Dolphins are favored by 3. The Fins will win 27-24. So it's a push. Take the Fins anyway, especially if you are going to the game. Have some fun.

Seahawks at Eagles. Another NFC West team goes on the road, its troubles not necessarily behind them. The problem for Eagles fans is their QB. Which Mark Sanchez will show up? No idea. So take the over 48.

J....E....T....S....JETS JETS JETS travel to the cold confines of Minnesota (doncha know) to play the Vikings. The Jets are in their own race of sorts, to be on the clock for the first pick in the 2015 NFL draft- during which they will NOT pick a certain QB from FSU. The Vikes are giving up 5.5. They could be giving 25.5 and will steal beat the sad sacks from Broadway.

Cheaters are in San Diego, and everything about this game soeaks for let-down game for the boys from Bahstan. Except that their evil genius coach doesn't allow for such things to occur. After every game he speaks in the same mono-tone voice, mumbling about how his team needs to get better in the three phases of the game- no matter the score, no matter the result.  The cheater doesn't have any let downs, and neither will his team. Cheaters -3.5 at sunny San Diego.

SURVIVOR POOL- If possible- our two survivors should post their picks in the comments section. We are about to take off and won't have internet for a while. If both players post their pick in the comments, we won't post either comment until we receive both and then they can check the comments section. Good luck.

HANDS UP-MIAMI

"HANDS-UP" is becoming this generation's raised fist, although this generation first has to pause a moment and put down their Starbucks Latte and their cell phone and their Go-Pro camera, so the maneuver loses a little bit of its spontaneity.

The gesture is (despite the unloading of accouterments ) a powerful one. It doesn't insult police officers, as many police officers seem to think. It questions what the police do, and just as powerfully, how the court system treats the aftermath. 

Miami has had its share of police shootings, good and bad. And as a credit to former State Attorney Janet Reno, she and her top prosecutors never wavered in prosecuting an officer if the shooting was a criminal act. See our blog post:  "1982 the Case That Made Miami Burn", here. 

"I CAN'T BREATHE!" Yesterday, a Grand Jury in NYC cleared a Police Officer who killed a man. The officer used a banned choke hold. The encounter with the man was over the man selling single cigarettes, which is a crime. But it is not a crime you should be killed for. 
From the NY Times Coverage:
“I can’t breathe,” Eric Garner had gasped after the officer put his neck in a chokehold on a hot July day on Staten Island, a fatal encounter captured on video and viewed by millions of people. On Wednesday, after a grand jurydeclined to indict the officer, the words — and the video — were revived in a wave of despair and fury that rolled as far out as the corridors of Capitol Hill and the streets of Oakland, Calif.

Miami needs to join the outrage over the criminalization of our society. People who have the barest encounters with police officers end up getting arrested for nebulous crimes like resisting arrest without violence, which no matter how you cut it, is basically not doing everything a cop tells you to do when you have an encounter with him or her. The case law is replete with decisions pointing to the "voluntary nature" of encounters between citizens and police officers. Appellate judges, secure in their chambers, write about the citizens unfettered right to tell the police officer NO and to go about their day. These judges would be better served spending an afternoon in misdemeanor jail arraignments as the parade of poor individuals, most of them of color, are paraded in front of a judge on a television, and advised of their rights, while they watch the proceedings through one swollen eye, because they "fell" during the arrest for disorderly conduct, or failure to obey the lawful order of an officer. 

"HANDS-UP MIAMI" isn't about disrespecting the police. It's about the court system disrespecting the citizens of this community. It's about being beaten when arrested, and then coerced into a plea ("all plea offers are REVOKED if the defendant goes to trial.") and then suffering the unimaginable consequences of a simple misdemeanor on your record. You lose the right to drive. You can't rent a decent apartment. And that doesn't really matter, because you can't get a decent job. 

Do we, as lawyers, sworn to up-hold the constitutions of this State and this country, have the guts to protest? Will we all agree to walk into court on Monday, December 22, 2014 and Tuesday December 23, 2014 (albeit light court days) and approach the podium HANDS-UP before addressing the court. (Fed court included!) 
Can we make that simple gesture, in solidarity with all those who march, who are beaten, who are choked and shot and killed? 

Or don't we have the guts to protest? We read about those who crossed the bridge and marched into Selma. Alabama and were beaten bloody by State troopers on "bloody Sunday"- March 7, 1965. That march led to the passage of the civil rights act. No one will be beaten or gassed or set upon by dogs- although a few judges may frown at you. 

HANDS-UP MIAMI. Let the world know we are with you. 

See You In Court. HANDS-UP. 

MNF-TUESDAY EDITION

UPDATE: SORRY

In the 1968 Olympics (and yes you young ASAs and PDs and Judges -many of us litigating against you were alive then) 
gold medalist Tommy Smith and Bronze Medalist John Carlos raised their hands in a "Black-Power" salute. The gesture wedded sports and politics then and for thereafter. (The befuddled silver medalist from Australia was just along for the ride). 

Hands up- Don't shoot us. 

On Sunday, before the start of the football game in St. Louis, several members of the St. Louis Rams came out of the tunnel with the "Hands-Up" gesture, now universally recognized as a show of support for the organizers in Ferguson, Missouri. 

The St. Louis police department, sworn upholders of 9 of the first 10 amendments to the US Constitution, acted with outrage, and demanded that the Rams and the NFL punish the "thugs" (their word, not ours) who perpetrated the salute. 

Somebody needs to sit down with the Neanderthals (our word) who work at the St. Louis police department, and read to them the first amendment to the constitution of our country.  Perhaps instead of reading "Goodnight Moon" while sipping coffee in a Dunkin Donuts (yes, the outrageous stereotypes are what we were looking for), the members of the police department should remember that they work for a police DEPARTMENT and not a police STATE- although we are sure that the phrase "all orders must be obeyed" probably resonates favorably with them. 

Our final thoughts- Moronic. Disgusting. And Dangerous. Because you better believe the aggrieved law enforcement gendarmes will be taking our their anger and frustration on the first citizen that tells them to go to hell- which by the way- citizens are allowed to do. 

This is your Miami Dolphins Monday Night Football-Tuesday blog edition.  Updated- Fins won-playoffs hopes still alive. 

Twenty years ago Dan Marino ran the "fake spike play" at the end of the first half in a monumental Dolphins comeback and win. The win sent the J…E…T…S….  JETS JETS JETS into a 4-33 downward spiral of losses. 

In Fantasy Football this week, it wasn't pretty as Rumpole's team hung 131 points on Mr. Markus's team in what the last President Bush would call "a thumpin."  Markus managed to squeak out 71.75 points. 

YOU KNOW YOU'RE HAVING A BAD DAY WHEN…..This is how you start or end it…

ABANDON HOPE ALL YE WHO ENTER HERE