UPDATE: THE BROWARD BLOG IS ALIVE!!!
Rising like Judge Joel Lazarus from the bench after a good snooze during a trial, (sorry Judge, actually its just your name we are using for a pun. You have never slept during one of our trials.) the Broward Blog has emerged alive and apparently well, with an explanation (sort of) as to what happened.
The Blog is back with the type of Broward Blog stuff you would expect: updates on the impending JQC trial of Judge Aleman (wouldn't it just be great if she was delayed getting to court by traffic and the JQC issued a default verdict against her? Readers will remember Aleman first came to our attention when she terminated parental rights when a parent who was using public transportation was late to court. Reversed by the 4th DCA, she did the same thing again in a different case!) and an update on the JQC complaint against Former Dade Judge and now Broward Judge Terry Miller. (Can any reader remember another Judge who served in both counties? We can't.)
Anyway- in the tradition of Halloween, we welcome our brother bloggers to the North back from a grave that couldn't hold them.
Query: Is North Of the Border big enough for two blogs???
OH THIS IS GOOD:
The Daily Business Review and Eddie Dominguez have taken North of the Border Chief Judge to the woodshed for a good old fashion spanking in public. The full article is HERE
If denial were a communicable disease, we’d have to quarantine the Broward County Courthouse. In yet another mystifying episode of judicial indiscretion, Circuit Judge Jeffrey Levenson made a homophobic “joke” about a 16-year-old high school football player — the alleged victim of a 41-year-old man accused of having oral sex with the boy. By reputation, Levenson is supposedly one of the circuit’s more fair and open-minded judges — a frightening thought. Despite this latest gaffe by one of Broward’s newer judges, Chief Judge Victor Tobin is rejecting the notion that judges in his circuit need more diversity and sensitivity training. ...
The denial starts at the top — with Tobin, who yet again has scoffed at the need for additional diversity training for Broward’s judges. Despite calls from bar leaders and others, he seems to be holding his ground while expressing some willingness to reconsider. Former Chief Judge Dale Ross — with his shortcomings — ordered diversity training for the circuit’s 90 judges, albeit under order from Florida Supreme Court Chief Justice Fred Lewis. Ross also established a diversity committee to address issues and complaints in the circuit. Tobin abolished the panel when he took over, and he indicates he won’t add to the judges’ training requirements shy of another order from the state’s high court. But Tobin took it one step further when he dismissed the severity of Levenson’s misconduct as little more than an everyday comment. “Every time someone says something doesn’t mean I send 90 people to training,” the chief told the Daily Business Review.
Tobin clearly doesn’t get it, and it would seem sensitivity training at this point needs to start at the top. Chief, Levenson didn’t just say “something.” He picked on a boy who was in his courtroom as the alleged victim of a sex crime. And he did so by poking fun at gays. That is what one might expect from a schoolyard bully rather than a judge presiding over a criminal hearing.
One point that seems lost in the exchange is the boy was belittled by the very institution that was supposed to be dispensing justice. Gays are a common target of “humor,” and perhaps the day will come when everybody stops laughing. But in a gay-intolerant world, one can only wonder what kind of discrimination and ostracism a gay teen might face in school, in the locker room, at home — in life, if this is how the topic is handled in court. Teens are naturally confused and vulnerable as their bodies go through tremendous changes, and they begin to develop their identities. Apply a layer of coping with a different sexual orientation and societal pressures, and you have a recipe for disaster. That might explain the high suicide rates for gay teens in the U.S. A survey from Parents and Friends of Lesbians and Gays of 5,000 gay men and women found 35 percent of gay men and 38 percent of lesbians have considered or attempted suicide. That’s quite astounding when compared to a global suicide rate of 10.7 per 100,000, according to the World Health Organization. That should put Levenson’s comments into a more appropriate perspective than Tobin’s “something.”
In familiar fashion, the new chief judge has angrily dismissed the latest calls for more sensitivity training for Broward judges. He went so far as to try to shift blame away from judges and suggest that, because the first off-color comment was made by an assistant public defender, lawyers — not judges — need the training. “Don’t know why not for lawyers. A lawyer made the first comment,” Tobin said of the Levenson exchange. “Why single out judges?” With that question, we take denial to new heights. The fact that the chief judge would even ask such a ridiculous question really proves the point. He just doesn’t get it. Unlike Tobin, the assistant public defender’s boss took immediate action. PD Howard Finkelstein promptly docked Assistant Public Defense Brian Reidy a week’s vacation and ordered him to write an apology and address his colleagues at a staff meeting. Finkelstein, like many minority bar leaders and others, thinks it’s time for a more serious response to Broward’s conga line of mishaps. But apparently not Tobin. On one level I agree with the chief. Broward judges really don’t need a sensitivity class. They need a program. And Judge Tobin should be the first judge enrolled.
Rumpole says: nothing. Mr. Dominguez said it all, better than we ever could.
OK- one comment to the Chief Judge. Do you not truly understand the difference between a lawyer and a Judge? Do you not really get that a Judge is supposed to be the one individual in the courtroom not only above reproach, but the most experienced, learned, just, fair, and respected individual in the courtroom?
The Judge is the one who stops lawyers from making inappropriate remarks. The Judge should not be the one who piles on and then afterwards points the finger and cries "well he started it!"
Judge Levenson made a mistake and apologized for it. Judge Tobin made a mistake and is too arrogant to admit it. Having had a few cases in our time in his courtroom, we unfortunately cannot say that we are surprised.
Friday, November 02, 2007
BLOGS
From the Local Newspaper's Obituary column:
The Broward Blog, formally known as the Jaablog died this week from an unknown disease that affected the internal workings of the blog and ultimately caused multiple organ failure as well as multiple resignations from the blog.
The jaablog was approximately a year old. The jaablog will best be remembered for its vigorous reporting on the multiple implosions that rocked the Broward Judiciary during the spring and summer of 2007. The Jaablog's reporting of these incidents is often cited as causing in part the surprising resignation of former Broward Chief Judge Dale Ross. There will be a small fireworks display in Ross's neighborhood tonight celebrating the death of the blog.
The blog recently will be remembered for its publication of the now famous incident of the "naked lawyer transcript" where Judge Eileen O'Connor mistakenly accused a lawyer of giving a closing argument without a shirt.
Memorial services will be held at local watering establishments throughout Broward County.
And now for the good news:
There is a new BROWARD BLOG
Rumpole welcomes them to the IAALB (International Assoc of Anonymous Legal Bloggers).
We don't actually know what's going on at the "old" Broward Blog. The last post went up yesterday announcing that the "President of the Blog" had resigned. As we mentioned in the comments section yesterday, who even knew they had a President?
Anyway, with a crazy-rowdy bunch like those lawyers and judges North of the Border- from naked lawyers to weeping judges- that town is just ripe for a good blog, reporting all the juicy details, and maybe the "new" blog will fit the bill.
This is a neat blog that we check out from time to time: ABOVE THE LAW which lately has been reporting on whether the nations largest law firms will "meet" the nationwide average for bonuses this holiday season.
Query: By the very fact you are reading this blog means that you chose to forsake the "bill 2200 hours a year" backstabbing cutthroat environment of big law firms for the more civilized and enjoyable practice of law; are you happy with your choice?
Some of us are fortunate enough to do as well as or even better financially than the big law firm attorneys. We would venture to say that almost all of us enjoy our jobs more and get a greater amount of satisfaction from the practice of law. What we have that they don't is the satisfaction of seeing an immediate impact of our work on the lives of real people. Win a case as a defense attorney and perhaps a parent returns home to a family. Win a case as a prosecutor, and perhaps a victim can begin the process of healing while society is protected from a dangerous individual.
Win the lawsuit over the mismatched coloured tiles at the Metro-Rail station, and who really cares? (We have taken that hypothetical from a real life, very successful criminal defense attorney who often tells the story of working at a big firm, and on a late Friday afternoon while taking depos on the Metro Rail Tile lawsuit decided that no one really cared, and quit.)
So write in and let everyone know: Regrets? ("I've had a few, but then again, too few to mention." Things are bad when we start singing.)
Or are you generally satisified and happy with the career choices you have made?
See You In Court- Criminal Court. We don't even know where to park to get to civil court.
The Broward Blog, formally known as the Jaablog died this week from an unknown disease that affected the internal workings of the blog and ultimately caused multiple organ failure as well as multiple resignations from the blog.
The jaablog was approximately a year old. The jaablog will best be remembered for its vigorous reporting on the multiple implosions that rocked the Broward Judiciary during the spring and summer of 2007. The Jaablog's reporting of these incidents is often cited as causing in part the surprising resignation of former Broward Chief Judge Dale Ross. There will be a small fireworks display in Ross's neighborhood tonight celebrating the death of the blog.
The blog recently will be remembered for its publication of the now famous incident of the "naked lawyer transcript" where Judge Eileen O'Connor mistakenly accused a lawyer of giving a closing argument without a shirt.
Memorial services will be held at local watering establishments throughout Broward County.
And now for the good news:
There is a new BROWARD BLOG
Rumpole welcomes them to the IAALB (International Assoc of Anonymous Legal Bloggers).
We don't actually know what's going on at the "old" Broward Blog. The last post went up yesterday announcing that the "President of the Blog" had resigned. As we mentioned in the comments section yesterday, who even knew they had a President?
Anyway, with a crazy-rowdy bunch like those lawyers and judges North of the Border- from naked lawyers to weeping judges- that town is just ripe for a good blog, reporting all the juicy details, and maybe the "new" blog will fit the bill.
This is a neat blog that we check out from time to time: ABOVE THE LAW which lately has been reporting on whether the nations largest law firms will "meet" the nationwide average for bonuses this holiday season.
Query: By the very fact you are reading this blog means that you chose to forsake the "bill 2200 hours a year" backstabbing cutthroat environment of big law firms for the more civilized and enjoyable practice of law; are you happy with your choice?
Some of us are fortunate enough to do as well as or even better financially than the big law firm attorneys. We would venture to say that almost all of us enjoy our jobs more and get a greater amount of satisfaction from the practice of law. What we have that they don't is the satisfaction of seeing an immediate impact of our work on the lives of real people. Win a case as a defense attorney and perhaps a parent returns home to a family. Win a case as a prosecutor, and perhaps a victim can begin the process of healing while society is protected from a dangerous individual.
Win the lawsuit over the mismatched coloured tiles at the Metro-Rail station, and who really cares? (We have taken that hypothetical from a real life, very successful criminal defense attorney who often tells the story of working at a big firm, and on a late Friday afternoon while taking depos on the Metro Rail Tile lawsuit decided that no one really cared, and quit.)
So write in and let everyone know: Regrets? ("I've had a few, but then again, too few to mention." Things are bad when we start singing.)
Or are you generally satisified and happy with the career choices you have made?
See You In Court- Criminal Court. We don't even know where to park to get to civil court.
Thursday, November 01, 2007
A COUPLE OF NG'S AND FLORIDA OKS LETHAL INJECTIONS
Although the US Supreme Court has recently stayed all lethal injection executions in the US (leading to a severe case of depression among Judges in Texas) The Herald has reported HERE
that the Florida Supreme Court (motto: “We wanna be like Texas”) has given the old okey dokey to hooking up convicts with a needle so long as “proper sterilization techniques are employed. While we find no constitutional prohibition against the State murdering its citizens, we do find it to be cruel and unusual to expose the convict to possible infection moments before putting him to sleep like a mongrel dog.”
MORE TROUBLES AT DOJ
There is no current attorney general of the United States.
The last attorney general endorsed the belief that anything short of organ failure was not torture, and that anything the president does or wants to do, is ipso facto, legal. Now comes the acquittal of former federal prosecutor Robert G. Convertino on charges that while he was prosecuting the US’s lead terrorism case in the US at the time, he withheld evidence.
From the NY Times: ARTICLE
The department, which has acknowledged that the 2001 case was bungled, will now face accusations that it also bungled a case it brought last year against Mr. Convertino and Mr. Smith.
In 2004, the convictions of two North Africans on terrorism charges in the original case were overturned amid the accusations of misconduct by Mr. Convertino, 46, who had been a federal prosecutor here, and Mr. Smith, 51, a former State Department security officer.
After his acquittal on Wednesday, Mr. Convertino told reporters in the federal district courthouse here that the charges of obstruction of justice were “a politically motivated prosecution that never should have been brought.”
“Somebody must be held accountable for this,” he said.
Rumpole called the DOJ and eventually was transferred to a Mr. Jerry Thomas, head Custodian for Janitorial Services at the Department Of Justice. "Mr. Thomas is the only current DOJ official available to accept responsibility for the DOJ at this time", according to a spokesperson at the DOJ who refused to be named because of the possibility that he may then become responsible for the actions of the DOJ.
SPEAKING OF ACQUITTALS
The NY Times reports today HERE
that the high profile NY State prosecution of Former FBI Organized Crime Agent Roy Lindley DeVecchio was about to be dropped today after a Village Voice Journalist surfaced with tapes yesterday in which the star witness (and only witness directly accusing Agent DeVecchio) was heard contradicting herself about DeVecchio’s role in the murders of several mobsters.
Agent DeVecchio had previously been cleared by the FEDS of the accusations of his participation in murders committed by the organized crime family he spent his career investigating. Enter the NY State Prosecutors (motto: evidence, schmevedence) who on the unsubstantiated word of a “Mafia Moll” indicted the agent for conspiracy to commit murder. After the Village Voice reporter, who had interviewed the woman several years ago for a book, came forward yesterday with taped interviews in which the woman gave markedly different accounts of the murders for which the Agent was accused, NY Prosecutors decided to drop charges. “Hey, we almost wrecked your life based on the unsubstantiated word of an unreliable liar, but no hard feelings OK? Thanks for your service agent. Have a nice retirement”
that the Florida Supreme Court (motto: “We wanna be like Texas”) has given the old okey dokey to hooking up convicts with a needle so long as “proper sterilization techniques are employed. While we find no constitutional prohibition against the State murdering its citizens, we do find it to be cruel and unusual to expose the convict to possible infection moments before putting him to sleep like a mongrel dog.”
MORE TROUBLES AT DOJ
There is no current attorney general of the United States.
The last attorney general endorsed the belief that anything short of organ failure was not torture, and that anything the president does or wants to do, is ipso facto, legal. Now comes the acquittal of former federal prosecutor Robert G. Convertino on charges that while he was prosecuting the US’s lead terrorism case in the US at the time, he withheld evidence.
From the NY Times: ARTICLE
The department, which has acknowledged that the 2001 case was bungled, will now face accusations that it also bungled a case it brought last year against Mr. Convertino and Mr. Smith.
In 2004, the convictions of two North Africans on terrorism charges in the original case were overturned amid the accusations of misconduct by Mr. Convertino, 46, who had been a federal prosecutor here, and Mr. Smith, 51, a former State Department security officer.
After his acquittal on Wednesday, Mr. Convertino told reporters in the federal district courthouse here that the charges of obstruction of justice were “a politically motivated prosecution that never should have been brought.”
“Somebody must be held accountable for this,” he said.
Rumpole called the DOJ and eventually was transferred to a Mr. Jerry Thomas, head Custodian for Janitorial Services at the Department Of Justice. "Mr. Thomas is the only current DOJ official available to accept responsibility for the DOJ at this time", according to a spokesperson at the DOJ who refused to be named because of the possibility that he may then become responsible for the actions of the DOJ.
SPEAKING OF ACQUITTALS
The NY Times reports today HERE
that the high profile NY State prosecution of Former FBI Organized Crime Agent Roy Lindley DeVecchio was about to be dropped today after a Village Voice Journalist surfaced with tapes yesterday in which the star witness (and only witness directly accusing Agent DeVecchio) was heard contradicting herself about DeVecchio’s role in the murders of several mobsters.
Agent DeVecchio had previously been cleared by the FEDS of the accusations of his participation in murders committed by the organized crime family he spent his career investigating. Enter the NY State Prosecutors (motto: evidence, schmevedence) who on the unsubstantiated word of a “Mafia Moll” indicted the agent for conspiracy to commit murder. After the Village Voice reporter, who had interviewed the woman several years ago for a book, came forward yesterday with taped interviews in which the woman gave markedly different accounts of the murders for which the Agent was accused, NY Prosecutors decided to drop charges. “Hey, we almost wrecked your life based on the unsubstantiated word of an unreliable liar, but no hard feelings OK? Thanks for your service agent. Have a nice retirement”
And finally, President Bush took the unprecedented step of inviting reporters into the Oval Office this morning to attempt to rescue the endangered nomination of Judge Michael Mukasey to become the Attorney General of the United States. The issue confronting and confounding Mukasey is his failure to repudiate the current administration's use of waterboarding as an interrogation technique.
When asked about waterboarding, the President said “Millions of Americans enjoy the sport of snow boarding. Personally, I like two skis. But some of the younger guys get on that snow board and sort of surf down the mountain. Now if snow boarding is OK, just what is the problem about waterboarding? I mean it’s like the same thing, right, but on water? That’s what Cheney told me.”
And there's our President, on top of all the issues.
See you in court.
Wednesday, October 31, 2007
BOO!
SCARY REGJB STYLE IS......
Walking into Judge Areces or Adrien's calendar on a Friday morning and seeing your client's case is on page 89.
Walking into the Third DCA and seeing Judge Rothenberg on your panel chomping at the bit.
Doing a weekend bond hearing with a new county court judge from Civil.
Trying to get a rational discussion started with a prosecutor on why a drug minimum mandatory should be waived. All you get is "go see David "psych-NO' Paulus".
Trying to get a continuance from Judge Huck. (OK. It's not a REGJB issue, but it's still scary).
Walking into a criminal court North Of the Border and seeing the Former Chief Judge sitting in for your judge for the day. Ouch!!
ADD YOUR OWN SCARY STORIES:
OUR QUALIFICATIONS:
Fakey Fakerstein said...
Rump - I love your blog and your articles/commentaries, but I'm starting to question your qualifications as a defense attorney....
Rumpole replies: My qualifications are well known: I am on time; I have a file; I'm ready to go; my hangover is better after a few aspirin. For religious and personal reasons I will not read statutes nor case law and you can easily spot me as I carry around the 1989 Florida Rules. In my opinion, nothing important has happened since then.
BECAUSE WE TOOK A CHEAP SHOT:
Anonymous said...
On the issue of early start times: Judge Areces has a system and it seems fair and works. State and PDs' in court by 8:30 A.M.--Private start calling cases at 8:45A.M. Free for all at 9:00-10:00, Don't be late, sigh and a shrug if she has to go back!. Sometimes we come in late, traffic, front door-back door, client tardy. But over all, you can set your watch to her.
On the issue of early start times: Judge Areces has a system and it seems fair and works. State and PDs' in court by 8:30 A.M.--Private start calling cases at 8:45A.M. Free for all at 9:00-10:00, Don't be late, sigh and a shrug if she has to go back!. Sometimes we come in late, traffic, front door-back door, client tardy. But over all, you can set your watch to her.
Rumpole says: Equal time for a fan of Judge Areces.
And maybe it's a little unfair to make fun of Judges Adrien and Areces and the large calendars they have. As Judge Moreno used to say when he was a Circuit Court Judge "That blind clerk doesn't like me."
JUDGE REYES'S BAILIFF
The comments section on the previous post has some complaints about Judge Izzy Reyes's bailiff. Here's what we know: As long as an individual is not being disruptive, anyone in America has the right to sit in any courtroom as long as that courtroom is open for business. No one- not a bailiff, not a police officer, not a Judge, has a right to tell anyone they cannot sit in a courtroom that is conducting business, unless the proper procedures have been followed for sealing the courtroom.
If we recall, this issue was raised North Of the Border, where the new Chief Judge responded that outside of legitimate space issues, bailiffs would stop baring anyone who was not a defendant from entering the courtroom. We don't think the problem is that bad in Dade and doesn't Joe Farina have other problems to worry about?
HAPPY HALLOWEEN
Tuesday, October 30, 2007
OUR WORLD IS ENDING
Note: The following attempt to whip our reading public into a state of hysteria has been sponsored by PUBLIX- where shopping for hurricane supplies in a state of panic is a pleasure, the HOME DEPOT- where the clerks from the criminal court file room have designed a state of the art checkout system, guaranteed to have you out the door within a day of standing in line to purchase your emergency hurricane supplies; and channels 4, 7, and 10- where the quest for ratings require that they issue a minute by minute update of a storm that has some rain and winds of 20 MPH.
11th Judicial Circuit website are silent as to the possible court closings from the approach of tropical storm Noel.
Although the International Association of Anonymous Legal Bloggers guidelines suggest that we shut down the blog when wind speeds exceed 40 MPH, we will endeavor to bring you the same up to the minute breaking news service that we have provided in the past- unless the bars in South Beach remain open, at which point you're on your own.
TIME IS MONEY
We would like some feedback from our readers on the subject of Judges being on time. Specifically, while everyone it entitled to be late once in a while, what we are interested in are Judges who set calenders to begin at 8:30 and then do not show up to court until 9:15 or so. We have had several private emails complaining about certain Judges. Since we have not noticed this as a problem, we cast the issue upon the troubled waters of our disgruntled readers. Is there a problem? And if so, who are the ones that qualify for habitual offender status?
See You In Court, unless the panic over a little rain sends us scurrying to the nearest bar.
Monday, October 29, 2007
Ummmmm. Hmmm....
As astounding as it may seem, I believe we have run out of things to say.
Nothing to expound upon.
No witty comments; no alliterative attacks on robed readers.
Even those hyper-caffeinated prosecutors trudging over from their county court offices have managed to stay out of our way in the attorney's parking lot.
But we'll give it a try:
Next week is a traffic "blitz" week.
Just what is a traffic "blitz'?
Can Judge Newman still pick up the blitz as he once did so very well at the Orange Bowl on Sundays for our now 0-8 Miami Dolphins?
The Broward Blog is unofficially kaput. No posts since Blogger Bill Gelin was forced out in a Broward Beer Hall Putsch. Did the Empire Strike Back? Did Judge Ross, banished to the lonely confines of Probate somehow manage to exact revenge on the blogger(s) who brought him down? For that matter, are lawyers still giving closing arguments topless North Of the Border?
The Broward Blog gave us so many wonderful blogging memories these last few months, here's hoping that a new blog springs up. With a courthouse full of such misfits, unusual characters, and people with penchants for putting their foot in their mouth (and we haven't even mentioned any lawyers yet) there is just too much fodder to not blog about it.
Our favorite quote was from the former chief Judge who loudly complained that everything in the blog was a lie, and then said he had never read the blog. And this was to a newspaper reporter who dutifully reported the Chief Judge's seemingly inconsistent statements. We say "seemingly" because lord knows he denied enough of our motions over the years for various reasons without ever having read one of them.
Word comes from the FACDL that after months of intensive negotiations, we can now file motions with the clerk's office at 8:30 AM. Yeah, that's just what we want to do: get up a half hour early so we can go wait on a line that never moves. If we're going to wait on that line, we come prepared: a subway sub, some books, a DVD and DVD player fully charged; a thermos of coffee.
It is against our religion to ever praise the FEDS unless we absolutely cannot help it. However we are forced to admit that the Federal system of on-line filing actually works pretty well. No more rushing to the courthouse to make last minute deadlines, and every motion you file is automatically emailed to all counsel of record, doing away with having to mail copies of your pleadings to everyone.
Sorry we don't have any breaking news. But this is Miami. It just is not possible that one of our dear robed readers will not do something "blog worthy" shortly. They have never let us down before.
See You In Court, where things are kind of boring.
PS: Congratulations to the Red Sox who won more games in a World Series sweep than the Dolphins may win in two years.
Nothing to expound upon.
No witty comments; no alliterative attacks on robed readers.
Even those hyper-caffeinated prosecutors trudging over from their county court offices have managed to stay out of our way in the attorney's parking lot.
But we'll give it a try:
Next week is a traffic "blitz" week.
Just what is a traffic "blitz'?
Can Judge Newman still pick up the blitz as he once did so very well at the Orange Bowl on Sundays for our now 0-8 Miami Dolphins?
The Broward Blog is unofficially kaput. No posts since Blogger Bill Gelin was forced out in a Broward Beer Hall Putsch. Did the Empire Strike Back? Did Judge Ross, banished to the lonely confines of Probate somehow manage to exact revenge on the blogger(s) who brought him down? For that matter, are lawyers still giving closing arguments topless North Of the Border?
The Broward Blog gave us so many wonderful blogging memories these last few months, here's hoping that a new blog springs up. With a courthouse full of such misfits, unusual characters, and people with penchants for putting their foot in their mouth (and we haven't even mentioned any lawyers yet) there is just too much fodder to not blog about it.
Our favorite quote was from the former chief Judge who loudly complained that everything in the blog was a lie, and then said he had never read the blog. And this was to a newspaper reporter who dutifully reported the Chief Judge's seemingly inconsistent statements. We say "seemingly" because lord knows he denied enough of our motions over the years for various reasons without ever having read one of them.
Word comes from the FACDL that after months of intensive negotiations, we can now file motions with the clerk's office at 8:30 AM. Yeah, that's just what we want to do: get up a half hour early so we can go wait on a line that never moves. If we're going to wait on that line, we come prepared: a subway sub, some books, a DVD and DVD player fully charged; a thermos of coffee.
It is against our religion to ever praise the FEDS unless we absolutely cannot help it. However we are forced to admit that the Federal system of on-line filing actually works pretty well. No more rushing to the courthouse to make last minute deadlines, and every motion you file is automatically emailed to all counsel of record, doing away with having to mail copies of your pleadings to everyone.
Sorry we don't have any breaking news. But this is Miami. It just is not possible that one of our dear robed readers will not do something "blog worthy" shortly. They have never let us down before.
See You In Court, where things are kind of boring.
PS: Congratulations to the Red Sox who won more games in a World Series sweep than the Dolphins may win in two years.
Saturday, October 27, 2007
Week Eight.
All of Miami remains transfixed as CK and I battle onwards. For seven weeks we have picked a winner in the NFL. Last week is was just a matter of inches that was all the difference as the Cardinals missed a last second game winning field goal that would have sent CK to his just rewards and a well earned second place.
This week Rumpole picks: I was going to pick the Giants when I got CK's email stating he was going to pick the Giants. Hmmm...that would guarantee a week 9 in our titanic struggle. I could switch to the Titans over the Raiders, and you never know-a little fish and chips might be all the Fins were needing to come out and play some football. So just because I want to myself a reason to root for the Dolphins (and to watch the game sober) , I will make the switch:
Rumpole: Titans over Raiders.
CK: Giants over Dolphins.
Now lets make some $$$$:
We like the Under in the NY Giants/Miami game played in cold and wet London. Under 48.
Can the Redskins stop the Cheaters wrecking machine? Can Judge Adrien get his audit below a thousand cases? The answer to both questions is: "probably not." Take the over 48 here (and over 1000 cases while you're at it.)
Jax at Tampa Bay: battle of great defenses. We like the under 33.5.
Is Rump going to pick a winner?
Sure: take the Colts -6 over the Panthers. Take em big.
See You in Court tomorrow.
This week Rumpole picks: I was going to pick the Giants when I got CK's email stating he was going to pick the Giants. Hmmm...that would guarantee a week 9 in our titanic struggle. I could switch to the Titans over the Raiders, and you never know-a little fish and chips might be all the Fins were needing to come out and play some football. So just because I want to myself a reason to root for the Dolphins (and to watch the game sober) , I will make the switch:
Rumpole: Titans over Raiders.
CK: Giants over Dolphins.
Now lets make some $$$$:
We like the Under in the NY Giants/Miami game played in cold and wet London. Under 48.
Can the Redskins stop the Cheaters wrecking machine? Can Judge Adrien get his audit below a thousand cases? The answer to both questions is: "probably not." Take the over 48 here (and over 1000 cases while you're at it.)
Jax at Tampa Bay: battle of great defenses. We like the under 33.5.
Is Rump going to pick a winner?
Sure: take the Colts -6 over the Panthers. Take em big.
See You in Court tomorrow.
Friday, October 26, 2007
WE INTERRUPT THIS BLOG
For a message from the brain of President Bush:
"They say I have to go to California. It's an awful long flight. I hope they have cartoons."
"Lookit that house on fire!!! These Californiaiansians...these Californiaasss...uhh these people who live here sure do weird stuff for fun."
"So I said Condoleeza, you tell them damn arabs I will bomb them back into the stone age. And then they didn't listen to me....so I did.
Is this a bad time? A few years ago we coulda blamed this on Saddam. But how about you and me go on TV and we blame the damned Democrats for this mess? I been tellin them bout globe getting hotter and they keep yellin at me about oil companies ....as if that had anything to do with this."
Rumpole says: Why does this matter? Because this idiot is in charge. He was warned and all he did was smirk:
BUSH'S STATEMENT ON GLOBAL WARMING IN 2002
(CBS) President Bush dismissed on Tuesday a report put out by his administration warning that human activities are behind climate change that is having significant effects on the environment. The report released by the Environmental Protection Agency was a surprising endorsement of what many scientists and weather experts have long argued — that human activities such as oil refining, power plants and automobile emissions are important causes of global warming. But it suggests nothing beyond voluntary action by industry for dealing with the so-called "greenhouse" gases, the program Bush advocated in rejecting a treaty negotiated in Kyoto, Japan, in 1997 calling for mandatory reduction of those gases by industrial nations.
"I read the report put out by the bureaucracy," Mr. Bush said dismissively when asked about the EPA report, adding that he still opposes the Kyoto treaty.
Thursday, October 25, 2007
B IS FOR BERTILA
Our apologies to Judge Soto if we spelled the short form of her name wrong yesterday. Is it Bertie as we said, or Berdy, as someone wrote in, or is it spelled some other way?
Our motto is well known: "Sometimes wrong, never in doubt."
WHITHER JAAB?
The famed Broward blog, which brought down a Chief Judge and shook up a courthouse that needed shaking, is itself being shaken by rumours of dissension, strife, and editing of contributors' posts. We're not sure what in the Dale Ross is going on up there on the Blog, but we will be watching.
NACDL FILES JUDICIAL COMPLAINT
In a first for the National Association of Criminal Defense Lawyers, the NACDL has filed a complaint against Texas Court Of Appeals Judge Sharon Keller, who blithely told attorneys for Death Row inmate Michael Richard that "the court closes at 5PM" when Richard's lawyers frantically called the court informing them that a computer problem was preventing them from filing their appeal on time. The Judge closed the courthouse, and the lawyers were unable to perfect their emergency appeal to the US Supreme Court,. Mr. Richard was executed by Texas (motto: "We like to Kill") that evening, amid a barbecue and fireworks party celebrating the State's ability to kill another one of its citizens while simultaneously blocking access to the courthouse.
In Texas, any Judge who is able to block an appeal and have a defendant executed (called "A Texas Two-fer") is automatically eligible for immediate promotion to the Texas Supreme Court.
On Wednesday, the National Association of Criminal Defense Lawyers, with 13,000 members nationwide, said it had just sent a complaint against Judge Keller to the Texas Commission on Judicial Conduct, the first judicial complaint the group had ever filed, said its president, Carmen D. Hernandez, of Washington.
As the NY TIMES ARTICLE reports, two days later the US Supreme Court issued a stay in an execution case that raised the same issues relating to lethal injection. Executions in the US have, to the bitter disappointment of Judges in Texas, been stayed ever since.
LIONEL TATE'S 30 YEAR SENTENCE UPHELD.
The 4th DCA upheld the 30 year sentence given to Lionel Tate for violating his probation by being arrested in a new robbery case. Lionel Tate previously held the distinction of being the youngest person in Florida (at age 14) sentenced to life in prison.
Is this the best we can do for this kid? Is it the soundest decision to put a teenager in prison until 2036 for an arrest in a case for which he has not been convicted? Let's assume Mr. Tate is guilty. Does any Judge recognize the changes and maturity a person can achieve from age 19 to age 30? How about until age 35? What made Judge Lazarus North of the Border decide that keeping this young man in prison until he is almost 50 is justice? And just what kind of individual will be getting out of prison in 2036? Anyone really think that Mr. Tate will emerge rehabilitated and mature and ready to fit in with society?
No other country in the world treats their children as harshly in the criminal justice system as we do.
And finally, the NFL is remaining mum on rumours that the Dolphin's visa to enter England as members "of a professional football team" for the game this Sunday against the NY Football Giants is on the verge of being rejected by Immigration authorities in London, because .......well you get it......
the Dolphins are having trouble meeting the definition of "a professional football team. "
See You In Court.
Our motto is well known: "Sometimes wrong, never in doubt."
WHITHER JAAB?
The famed Broward blog, which brought down a Chief Judge and shook up a courthouse that needed shaking, is itself being shaken by rumours of dissension, strife, and editing of contributors' posts. We're not sure what in the Dale Ross is going on up there on the Blog, but we will be watching.
NACDL FILES JUDICIAL COMPLAINT
In a first for the National Association of Criminal Defense Lawyers, the NACDL has filed a complaint against Texas Court Of Appeals Judge Sharon Keller, who blithely told attorneys for Death Row inmate Michael Richard that "the court closes at 5PM" when Richard's lawyers frantically called the court informing them that a computer problem was preventing them from filing their appeal on time. The Judge closed the courthouse, and the lawyers were unable to perfect their emergency appeal to the US Supreme Court,. Mr. Richard was executed by Texas (motto: "We like to Kill") that evening, amid a barbecue and fireworks party celebrating the State's ability to kill another one of its citizens while simultaneously blocking access to the courthouse.
In Texas, any Judge who is able to block an appeal and have a defendant executed (called "A Texas Two-fer") is automatically eligible for immediate promotion to the Texas Supreme Court.
On Wednesday, the National Association of Criminal Defense Lawyers, with 13,000 members nationwide, said it had just sent a complaint against Judge Keller to the Texas Commission on Judicial Conduct, the first judicial complaint the group had ever filed, said its president, Carmen D. Hernandez, of Washington.
As the NY TIMES ARTICLE reports, two days later the US Supreme Court issued a stay in an execution case that raised the same issues relating to lethal injection. Executions in the US have, to the bitter disappointment of Judges in Texas, been stayed ever since.
LIONEL TATE'S 30 YEAR SENTENCE UPHELD.
The 4th DCA upheld the 30 year sentence given to Lionel Tate for violating his probation by being arrested in a new robbery case. Lionel Tate previously held the distinction of being the youngest person in Florida (at age 14) sentenced to life in prison.
Is this the best we can do for this kid? Is it the soundest decision to put a teenager in prison until 2036 for an arrest in a case for which he has not been convicted? Let's assume Mr. Tate is guilty. Does any Judge recognize the changes and maturity a person can achieve from age 19 to age 30? How about until age 35? What made Judge Lazarus North of the Border decide that keeping this young man in prison until he is almost 50 is justice? And just what kind of individual will be getting out of prison in 2036? Anyone really think that Mr. Tate will emerge rehabilitated and mature and ready to fit in with society?
No other country in the world treats their children as harshly in the criminal justice system as we do.
And finally, the NFL is remaining mum on rumours that the Dolphin's visa to enter England as members "of a professional football team" for the game this Sunday against the NY Football Giants is on the verge of being rejected by Immigration authorities in London, because .......well you get it......
the Dolphins are having trouble meeting the definition of "a professional football team. "
See You In Court.
Wednesday, October 24, 2007
IT'S A BLESSING
UPDATED with credit to Judge Bertie Soto:
We are often the harbingers of criticism. When someone screws up, there we are: the blog, ready to comment on it- with some pithy and irritating comment.
We do not often say "well done" and it is high time we do so.
We were in the courthouse today, doing what we do (and doing it very well may we add) , when we overheard a young woman on the phone to a family member. Apparently her husband was not being offered a good plea, and the case was proceeding to trial.
The woman had apparently brought her young daughter to court and here's what we heard her say:
"She's in day care....yes. They just started it a few weeks ago here in the courthouse. It's a blessing. "
It is indeed a blessing when we as a society treat children with special care and concern.
Well done to Judge Farina and Judge Blake, and all those whose efforts contributed to the establishment of a happy and safe place for young children to stay when their parents are in the REGJB.
We are often the harbingers of criticism. When someone screws up, there we are: the blog, ready to comment on it- with some pithy and irritating comment.
We do not often say "well done" and it is high time we do so.
We were in the courthouse today, doing what we do (and doing it very well may we add) , when we overheard a young woman on the phone to a family member. Apparently her husband was not being offered a good plea, and the case was proceeding to trial.
The woman had apparently brought her young daughter to court and here's what we heard her say:
"She's in day care....yes. They just started it a few weeks ago here in the courthouse. It's a blessing. "
It is indeed a blessing when we as a society treat children with special care and concern.
Well done to Judge Farina and Judge Blake, and all those whose efforts contributed to the establishment of a happy and safe place for young children to stay when their parents are in the REGJB.
And as several readers have pointed out to us in comments and private emails, Judge Soto deserves thanks for her efforts in getting child care to be a reality in the REGJB.
So permit us a moment to wax poetic:
So many times we as lawyers and Judges are so wrapped up in our cases, our clients, (and for Judges) the size of their case audits, that even though we may see something that is wrong, we feel we just don't have the time to make it right. And then a Judge like Judge Soto sees a problem with child care in our courthouse, and she works bring a solution to the problem. She didn't have to do that. We're certain she didn't get a reduced case load in exchange for her work on child care. Rather, to borrow the poignant words of Senator Ted Kennedy eulogizing his brother Bobby: "She saw a wrong, and tried to make it right."
Well done Judge Soto. The citizens of Dade County are well served by a jurist who works to make the lives of children a little better.
Well done indeed.
Tuesday, October 23, 2007
JUST A JOKE
Well, those fine folks North Of the Border have done it again.
This time it is Circuit Court Judge Jeffrey Levenson, who put his robed foot in his mouth by making an inappropriate joke about the Defendant in a sexual battery case during the charge conference.
To his everlasting credit, Judge Levenson IMMEDIATELY realized his faux pas, and apologized to all present including the defendant.
To summarize, apparently the Defendant is a high school football player, and the case involved the allegation of illegal sexual contact with another male. Judge Levenson asked what position the defendant played. He was told "linebacker" and another person in the courtroom said "Tight End" at which point Judge Levenson said "Wide Receiver?"
Not the type of commentary which will get you on the 4th DCA.
Actually, we've heard good things about Judge Levenson. He's a former Federal Prosecutor and not a member of the Broward Old Boys Network.
Everyone is entitled to make a mistake, and this is Judge Levenson's mistake. We think people should accept his apology and move on.
However, it might be a good lesson for the Judge to learn: Sometimes even the best and brightest people do and say stupid things, and many times second chances are just what they need.
Based on the alarming rate Broward Judges send first offenders to state prison (the highest in the state of Florida) second chances are not something the Broward Judiciary is known for.
This is one Dade lawyer who is ready to give Judge Levenson a second chance. Hopefully, that feeling will spread to Broward and they can stop sending so many people to state prison. (And hopefully the Dolphins will win the rest of their games and make the playoffs and win the Super Bowl! There's about the same chance for either event occurring. )
The whole sordid mess including the transcript is on the Broward Blog, and if you scroll back you will find the post on Broward Judges sending people to state prison, along with the infamous Dale Ross memo to the judiciary recommending that the judges send as many people to state prison as possible as a way of reducing the over crowding at the Broward County Jail.
See You In Court, where we rarely joke, and never during a charge conference.
This time it is Circuit Court Judge Jeffrey Levenson, who put his robed foot in his mouth by making an inappropriate joke about the Defendant in a sexual battery case during the charge conference.
To his everlasting credit, Judge Levenson IMMEDIATELY realized his faux pas, and apologized to all present including the defendant.
To summarize, apparently the Defendant is a high school football player, and the case involved the allegation of illegal sexual contact with another male. Judge Levenson asked what position the defendant played. He was told "linebacker" and another person in the courtroom said "Tight End" at which point Judge Levenson said "Wide Receiver?"
Not the type of commentary which will get you on the 4th DCA.
Actually, we've heard good things about Judge Levenson. He's a former Federal Prosecutor and not a member of the Broward Old Boys Network.
Everyone is entitled to make a mistake, and this is Judge Levenson's mistake. We think people should accept his apology and move on.
However, it might be a good lesson for the Judge to learn: Sometimes even the best and brightest people do and say stupid things, and many times second chances are just what they need.
Based on the alarming rate Broward Judges send first offenders to state prison (the highest in the state of Florida) second chances are not something the Broward Judiciary is known for.
This is one Dade lawyer who is ready to give Judge Levenson a second chance. Hopefully, that feeling will spread to Broward and they can stop sending so many people to state prison. (And hopefully the Dolphins will win the rest of their games and make the playoffs and win the Super Bowl! There's about the same chance for either event occurring. )
The whole sordid mess including the transcript is on the Broward Blog, and if you scroll back you will find the post on Broward Judges sending people to state prison, along with the infamous Dale Ross memo to the judiciary recommending that the judges send as many people to state prison as possible as a way of reducing the over crowding at the Broward County Jail.
See You In Court, where we rarely joke, and never during a charge conference.
Monday, October 22, 2007
PLEASE SIR MAY I HAVE SOME RENT MONEY?
Like Oliver Twist standing there with a sad face and an empty oatmeal bowl, our esteemed Regional Office Counsel, one Mr. Joseph P. George Jr., Esq., has been left standing at the front of the orphanage hungry.
Rumpole has obtained, at great personal sacrifice, a letter from Ms. Jennifer Glazer-Moon, Director of Strategic Business Management of Miami Dade County, in which our County answers Mr. George’s plaintive cry of “please sir, may I have some more?” with a loud and definitive NO.
From the letter dated October 18, 2007 (hot of the presses; you’ve got to admire our sources)
“Dear Mr. George:
In response to your inquiry about funding for facilities, security, and operating expenses for the Regional Counsel Office in Miami, the FY 2007-2008 Adopted Budget does not include funding for a facility and/or operating expenses for such an office.
The letter references FACDL v. Florida Governor Charlie Crist et.al., SC07-01744 and concludes rather rudely:
“While the lawsuit is pending, we do not intend to consider funding for facilities and other expenses related to the Regional Conflict Counsel’s Office in Miami”
Rumpole says: Welcome to Miami. Now leave.
We continue to side with the strategy of slowly suffocating Mr. George and his Rockettes. We don’t want his office in Miami, we think clients will be poorly served by an office that is waiting for law students to pass the bar so they can handle capital litigation against Mr. Laeser and his prosecutors in the division formerly known as “Major Crimes”.
From the letter dated October 18, 2007 (hot of the presses; you’ve got to admire our sources)
“Dear Mr. George:
In response to your inquiry about funding for facilities, security, and operating expenses for the Regional Counsel Office in Miami, the FY 2007-2008 Adopted Budget does not include funding for a facility and/or operating expenses for such an office.
The letter references FACDL v. Florida Governor Charlie Crist et.al., SC07-01744 and concludes rather rudely:
“While the lawsuit is pending, we do not intend to consider funding for facilities and other expenses related to the Regional Conflict Counsel’s Office in Miami”
Rumpole says: Welcome to Miami. Now leave.
We continue to side with the strategy of slowly suffocating Mr. George and his Rockettes. We don’t want his office in Miami, we think clients will be poorly served by an office that is waiting for law students to pass the bar so they can handle capital litigation against Mr. Laeser and his prosecutors in the division formerly known as “Major Crimes”.
In fact there is nothing we like about Mr. George's ROC and we have previously made that abundantly clear.
Take your oatmeal bowl, your request for rent and "security" (just who are you afraid of? Your clients or your colleagues? ) and leave now. We don't need no stinkin ROC office and we do not want you or your kind in our court system learning how to be criminal defense attorneys while your clients (who should be our clients) go off to prison.
See You In Court pulling the chair out from under Mr. George while he's not looking.
Sunday, October 21, 2007
0-7
"Success has many Fathers, but failure is an orphan."
John F. Kennedy. (original attribution unknown.)
This just in: Rumor is that the Miami Chapter of the FACDL will be filing a lawsuit based on the 8th Amendment’s prohibition against cruel and unusual punishment, seeking an injunction prohibiting the Dolphins from playing, and if they play, prohibiting any media coverage of the game whatsoever.
On a serious note, many criminal practitioners know the difficulty of representing a Defendant in Federal Custody who is housed in the “SHU”. The special housing unit is a close confinement area where the most difficult and potentially dangerous individuals being held pre-trial are kept. Now comes word that the Bureau of Prisons has decided that to discipline the worst of the worst- to discipline the inmates in the SHU, the BOP will force those incorrigible inmates to watch the seven games the Dolphins have played this year.
If the Concorde still flew, it would be theoretically possible for the Dolphins, who play in London next week, to play the game and arrive at home before they actually lose.
Dolphins Coach Cam Cameron gave a speech recently where he said things were looking up for the Dolphins. Earlier in the week, the Dolphins welcomed as their new speechwriter the guy who used to write Bush’s speeches on Iraq.
Actually, Huizenga offered the State Department to have the Dolphins make a quick stop in Iraq to cheer up the troops. General Petraeus responded by saying
“What, things aren’t depressing enough over here?”
How bad are things for the Dolphins? Michael Vick sent them a message before Sundays game telling them to cheer up.
Things are so bad that the entire Broward Judiciary is embarrassed for the Dolphins.
The biggest hit Zach Thomas had all day was when he wrecked his car on the way home from the game. (True story and no one was hurt.)
Now that we’ve got that out of our system, we can return to the REGJB topics.
John F. Kennedy. (original attribution unknown.)
This just in: Rumor is that the Miami Chapter of the FACDL will be filing a lawsuit based on the 8th Amendment’s prohibition against cruel and unusual punishment, seeking an injunction prohibiting the Dolphins from playing, and if they play, prohibiting any media coverage of the game whatsoever.
On a serious note, many criminal practitioners know the difficulty of representing a Defendant in Federal Custody who is housed in the “SHU”. The special housing unit is a close confinement area where the most difficult and potentially dangerous individuals being held pre-trial are kept. Now comes word that the Bureau of Prisons has decided that to discipline the worst of the worst- to discipline the inmates in the SHU, the BOP will force those incorrigible inmates to watch the seven games the Dolphins have played this year.
If the Concorde still flew, it would be theoretically possible for the Dolphins, who play in London next week, to play the game and arrive at home before they actually lose.
Dolphins Coach Cam Cameron gave a speech recently where he said things were looking up for the Dolphins. Earlier in the week, the Dolphins welcomed as their new speechwriter the guy who used to write Bush’s speeches on Iraq.
Actually, Huizenga offered the State Department to have the Dolphins make a quick stop in Iraq to cheer up the troops. General Petraeus responded by saying
“What, things aren’t depressing enough over here?”
How bad are things for the Dolphins? Michael Vick sent them a message before Sundays game telling them to cheer up.
Things are so bad that the entire Broward Judiciary is embarrassed for the Dolphins.
The biggest hit Zach Thomas had all day was when he wrecked his car on the way home from the game. (True story and no one was hurt.)
Now that we’ve got that out of our system, we can return to the REGJB topics.
WEEK SEVEN
Back and forth we go, CK and I, locked in a titanic struggle for blog supremacy of football. This week CK’s email comes with a warning that his picked has been pre-ordained by the lord himself. CK (who has a bunch of great teams in the bag, like the Cheaters) forgoes the easy pick and picks the Redskins over the Cardinals.
Rumpole has two ripe plumps to pick from: New Orleans at home over the Falcons, or Da Bengals at home over the hapless J..E…T…S… jetsjetsjets. Rumpole goes to the Big Easy for a hopefully easy win. New Orleans is Rumpole’s suicide pick.
Baltimore at Buffalo- under 35 is the way to go with this match up between a rookie QB and a vicious Baltimore D.
It was sometime around this time last year when the undefeated Bears came marching into town and Rumpole shocked the world by writing on the blog the day before the game, that you could take the points and stuff them because the Fins would win the game outright.
Now comes the undefeated Cheaters storming into town facing the win less, Chris Chamber-less, Trent Green –Less, Miami Dolphins. And will Rumpole shock the world again? Check down below to see.
Tampa Bay rolls into D-Town and takes on the Lions, and once again this week, we like the under 43.
Denver is a home dog this week. And you can go broke betting against home dogs. The Steelers roll into town this week coming off a bye week, and playing great football. The Steelers were one team on the rebound that we missed earlier in the season. However, it’s never too late to jump on the bandwagon. Steelers -3.
See You Tomorrow, and without bragging, may we just say, if you have the opportunity to have a rich client fly you to San Fran, and entertain you for a few days while you make a criminal matter shrink if not disappear, I strongly suggest you accept the offer. Two words: Dim Sum…ahhhh.
PS: No way the Fins win this one. But we like the under 51.
Rumpole has two ripe plumps to pick from: New Orleans at home over the Falcons, or Da Bengals at home over the hapless J..E…T…S… jetsjetsjets. Rumpole goes to the Big Easy for a hopefully easy win. New Orleans is Rumpole’s suicide pick.
Baltimore at Buffalo- under 35 is the way to go with this match up between a rookie QB and a vicious Baltimore D.
It was sometime around this time last year when the undefeated Bears came marching into town and Rumpole shocked the world by writing on the blog the day before the game, that you could take the points and stuff them because the Fins would win the game outright.
Now comes the undefeated Cheaters storming into town facing the win less, Chris Chamber-less, Trent Green –Less, Miami Dolphins. And will Rumpole shock the world again? Check down below to see.
Tampa Bay rolls into D-Town and takes on the Lions, and once again this week, we like the under 43.
Denver is a home dog this week. And you can go broke betting against home dogs. The Steelers roll into town this week coming off a bye week, and playing great football. The Steelers were one team on the rebound that we missed earlier in the season. However, it’s never too late to jump on the bandwagon. Steelers -3.
See You Tomorrow, and without bragging, may we just say, if you have the opportunity to have a rich client fly you to San Fran, and entertain you for a few days while you make a criminal matter shrink if not disappear, I strongly suggest you accept the offer. Two words: Dim Sum…ahhhh.
PS: No way the Fins win this one. But we like the under 51.
Thursday, October 18, 2007
NAKED CAME THE LAWYER
File this under you wouldn’t believe such things still happen in Florida Courts in the 21st Century.
The Scene: Courtroom 5900, Criminal Division, North Of the Border.
Dramatis Personae: Judge Eileen O’Connor; ASA Berki Alvaarez; Defense Counsel Gary Ostrow; Defendant Steven Turner; A criminal jury panel.
Courtesy of the Broward Blog, here is the exchange, which quite frankly we read several times because we could not believe what we were reading:
In any event, JAABLOG has obtained an excerpt of the transcript from October 5, 2007, State of Florida vs. Steven G. Turner, case number 06-6876-CF10A. The following exchange occurred after Judge O’Connor handed the last juror the Certificate of Appreciation:
JUDGE O’CONNOR: At this time the defendant having been found not guilty in this case, the defendant will be returned to Federal custody at this time. Thank you. All right, everybody, thank you very much for your service.
(JURY PANEL BEGINS EXITING)
ASA MS. BERKI ALVAREZ: He’ll come back. Hopefully you won’t be a victim.
THE JUROR: No, I won’t (laughing).
(JURY EXITS)
DEFENSE COUNSEL GARY OSTROW: That’s not appropriate conduct to a jury.
JUDGE O’CONNOR: Mr. Ostrow, you’re not dressed appropriately in this courtroom.
MR. GARY OSTROW: We’re even.
JUDGE O’CONNOR: You have jeans on and no shirt –
MR. GARY OSTROW: No shirt!
JUDGE O’CONNOR: No tie. Do not come back to this courtroom dressed inappropriately. Thank you very much. You can be excused. Okay. I’ll enter a finding of not guilty.
Rumpole says:
How in the world does a defense attorney get to try a case in court without a shirt??
Does the rule only apply to men, or can we expect some topless female attorneys North Of the Border to strut their stuff as well?
Will certain attorneys who spend more time in the gym or are otherwise well blessed by nature have an unfair advantage over other attorneys?
Will there be a two drink minimum in any courtroom in which an attorney is topless?
Can a spectator request a private meeting in the jury room with a topless attorney?
And if so, will there be couches and champagne?
Can anyone appear in a courtroom North of the Border topless?
Is this what Judge Tobin meant when he said he was going to bring changes to the criminal courts?
And is this how Judge Tobin won the election- by promising to allow attorneys to practice naked from the waist up?
Will our own Dade County be sending a contingent of Judges to observe the practices North of the Border?
Oh, and there’s that little matter of the rules of professional conduct which prevent judges or attorneys from saying anything to jurors that would affect their ability to serve in the future.
See You In court, where suit, tie, shirt, pants, underwear and socks are always the order of the day (ok- maybe no underwear on Fridays).
The Scene: Courtroom 5900, Criminal Division, North Of the Border.
Dramatis Personae: Judge Eileen O’Connor; ASA Berki Alvaarez; Defense Counsel Gary Ostrow; Defendant Steven Turner; A criminal jury panel.
Courtesy of the Broward Blog, here is the exchange, which quite frankly we read several times because we could not believe what we were reading:
In any event, JAABLOG has obtained an excerpt of the transcript from October 5, 2007, State of Florida vs. Steven G. Turner, case number 06-6876-CF10A. The following exchange occurred after Judge O’Connor handed the last juror the Certificate of Appreciation:
JUDGE O’CONNOR: At this time the defendant having been found not guilty in this case, the defendant will be returned to Federal custody at this time. Thank you. All right, everybody, thank you very much for your service.
(JURY PANEL BEGINS EXITING)
ASA MS. BERKI ALVAREZ: He’ll come back. Hopefully you won’t be a victim.
THE JUROR: No, I won’t (laughing).
(JURY EXITS)
DEFENSE COUNSEL GARY OSTROW: That’s not appropriate conduct to a jury.
JUDGE O’CONNOR: Mr. Ostrow, you’re not dressed appropriately in this courtroom.
MR. GARY OSTROW: We’re even.
JUDGE O’CONNOR: You have jeans on and no shirt –
MR. GARY OSTROW: No shirt!
JUDGE O’CONNOR: No tie. Do not come back to this courtroom dressed inappropriately. Thank you very much. You can be excused. Okay. I’ll enter a finding of not guilty.
Rumpole says:
How in the world does a defense attorney get to try a case in court without a shirt??
Does the rule only apply to men, or can we expect some topless female attorneys North Of the Border to strut their stuff as well?
Will certain attorneys who spend more time in the gym or are otherwise well blessed by nature have an unfair advantage over other attorneys?
Will there be a two drink minimum in any courtroom in which an attorney is topless?
Can a spectator request a private meeting in the jury room with a topless attorney?
And if so, will there be couches and champagne?
Can anyone appear in a courtroom North of the Border topless?
Is this what Judge Tobin meant when he said he was going to bring changes to the criminal courts?
And is this how Judge Tobin won the election- by promising to allow attorneys to practice naked from the waist up?
Will our own Dade County be sending a contingent of Judges to observe the practices North of the Border?
Oh, and there’s that little matter of the rules of professional conduct which prevent judges or attorneys from saying anything to jurors that would affect their ability to serve in the future.
See You In court, where suit, tie, shirt, pants, underwear and socks are always the order of the day (ok- maybe no underwear on Fridays).
Wednesday, October 17, 2007
Judge Martin Greenbaum Has Passed Away.
UPDATED with a remembrance below of Judge Greenbaum by David S Markus
A reader reports that former Judge Martin Greenbaum has passed away. His funeral is tomorrow in Miami Beach.
It should be noted that former Circuit Court Judge Martin Greenbaum has died,and the funeral will be held on Thursday,October 18 at 1:00 P.M. Riverside Gordon Chapel on Alton Road,Miami Beach.
Rumpole says: While I cannot tell you the details of Judge Greenbaum's life and career, I do remember him as one of the "old school" Judges.
The Herald article is HERE. I was surprised to see that he served until 1997. He must have gone to civil for part of that time. I remember him as being kind to lawyers, and I do not recall anyone saying anything negative about him. The Herald obit has lots of nice information, including his love of Shakespeare and puns from the bench.
It's important we celebrate the lives of those who have contributed to our profession and our community, and we would like to hear from those who knew Judge Greenbaum better.
UPDATE:
David S Markus (not the federal blogger) took the time to write in with this wonderful memory of Judge Greenbaum:
One of the first cases I tried (and lost) as a defense attorney was before Judge Greenbaum. My client, a butcher got into an argument at work with a fellow employee and stabbed him with a boning knife.The knife went completely through the victim's body and the ASA argued that fact proved that my client was trying to kill, not merely stab. This became the theme of the state case to prove intent and I didn't really have much of a response to it. The jury came back agg batt, despite my lack of a cogent response to the state's argument. After the trial, Judge Greenbaum took me aside and asked me if I knew what a boning knife was and what its function was in a kitchen. I confessed I did not. He was truly offended by my poor performance and took the time to teach me how to be a better lawyer. He asked me how I could try this case, knowing that the thru-and-thru wound was going to be the main feature of the trial, without knowing that a boning knife was the sharpest knife in the kitchen and is designed to easily pierce and pass through meat, something I learned many years later when I went to cooking school. I mumbled something about reasonable doubt about intent, thinking I had done a good job because the verdict went my way.That day, I learned how to think about my cases using common sense and not law school rhetoric. As a prosecutor, I never had to think "outside the box". As a defense attorney, sometimes that is all that is left for us to do. It is a lesson that has served me well over the past 20 years. I never tried another case in front of Judge Greenbaum, but I thought of our conversation often, usually when I had a tough case that required a little imagination to craft an effective defense.
Rest In Peace, Your Honor.
David S Markus
A reader reports that former Judge Martin Greenbaum has passed away. His funeral is tomorrow in Miami Beach.
It should be noted that former Circuit Court Judge Martin Greenbaum has died,and the funeral will be held on Thursday,October 18 at 1:00 P.M. Riverside Gordon Chapel on Alton Road,Miami Beach.
Rumpole says: While I cannot tell you the details of Judge Greenbaum's life and career, I do remember him as one of the "old school" Judges.
The Herald article is HERE. I was surprised to see that he served until 1997. He must have gone to civil for part of that time. I remember him as being kind to lawyers, and I do not recall anyone saying anything negative about him. The Herald obit has lots of nice information, including his love of Shakespeare and puns from the bench.
It's important we celebrate the lives of those who have contributed to our profession and our community, and we would like to hear from those who knew Judge Greenbaum better.
UPDATE:
David S Markus (not the federal blogger) took the time to write in with this wonderful memory of Judge Greenbaum:
One of the first cases I tried (and lost) as a defense attorney was before Judge Greenbaum. My client, a butcher got into an argument at work with a fellow employee and stabbed him with a boning knife.The knife went completely through the victim's body and the ASA argued that fact proved that my client was trying to kill, not merely stab. This became the theme of the state case to prove intent and I didn't really have much of a response to it. The jury came back agg batt, despite my lack of a cogent response to the state's argument. After the trial, Judge Greenbaum took me aside and asked me if I knew what a boning knife was and what its function was in a kitchen. I confessed I did not. He was truly offended by my poor performance and took the time to teach me how to be a better lawyer. He asked me how I could try this case, knowing that the thru-and-thru wound was going to be the main feature of the trial, without knowing that a boning knife was the sharpest knife in the kitchen and is designed to easily pierce and pass through meat, something I learned many years later when I went to cooking school. I mumbled something about reasonable doubt about intent, thinking I had done a good job because the verdict went my way.That day, I learned how to think about my cases using common sense and not law school rhetoric. As a prosecutor, I never had to think "outside the box". As a defense attorney, sometimes that is all that is left for us to do. It is a lesson that has served me well over the past 20 years. I never tried another case in front of Judge Greenbaum, but I thought of our conversation often, usually when I had a tough case that required a little imagination to craft an effective defense.
Rest In Peace, Your Honor.
David S Markus
HELLO
EQUAL TIME TO THE CHIEF JUDGE:
The very informative SCOTUSblog
has a post for October 13, 2007, that explains the Supreme Court’s position on Certiorari (four votes) versus a stay of execution (five votes.) The post by Tom Goldstein explains in more detail than we can comprehend why Chief Justice Roberts did not mislead the Senate when he answered Senator Leahy’s question about the problem of granting cert but not a stay of execution. We've criticisized the CJ on the pages of this blog, and we post this link in the interests of giving both sides of the story (something we rarely have our clients do in court.)
Perhaps the best thing we like about the SCOTUSblog is the publication of the oral argument transcripts. Call us strange, but we find the transcripts both informative and interesting reading.
Speaking of the Supreme Court, the Court has granted cert in Cuellar v. U.S. (06-1456) to define money laundering. Currently money laundering is defined as “the transaction of any money between two individuals within the confines of the borders of Dade County, or in other circumstances when money is exchanged and one of the two individuals is a lawyer licensed to practice law in the State of Florida.” Apparently some of the Circuits are having trouble applying that definition. The SCOTUSblog has all the “certy” details.
NEW BLOG ALERT:
There’s another new blog in town: SOUTHFLORIDALAWYERS
Welcome to the party pal. The blogster has forsaken the spotlight so ably filled by Mr. Markus, our favourite federal blogger, and chosen to blog in anonymity, eschewing fame, fortune (not to mention the groupies) in favor of humble writings anonymously proffered for the good of all humanity. What is it about our profession that motivates some of us to wax poetic about things we know little about?
Hello......
Today, the DALI LAMA receives the Congressional Gold Medal, the highest honor bestowed by Congress upon a civilian. Our tough, no nonsense, don’t take crap from no-one President, bowed to criticism from Communist China and met the Dali Lama in the White House Residence rather than the Oval Office.
Those wimpy countries- Germany and Canada- managed to stand up to China and their leaders officially met with the Dali Lama. Canada even bestowed an honorary citizenship upon the Dali Lama.
Before we sign off, we can’t help but wonder. When introduced to His Holiness, is it in poor taste to say “Hello Dali”? Or is he just sick of that joke?
See You In Court.
The very informative SCOTUSblog
has a post for October 13, 2007, that explains the Supreme Court’s position on Certiorari (four votes) versus a stay of execution (five votes.) The post by Tom Goldstein explains in more detail than we can comprehend why Chief Justice Roberts did not mislead the Senate when he answered Senator Leahy’s question about the problem of granting cert but not a stay of execution. We've criticisized the CJ on the pages of this blog, and we post this link in the interests of giving both sides of the story (something we rarely have our clients do in court.)
Perhaps the best thing we like about the SCOTUSblog is the publication of the oral argument transcripts. Call us strange, but we find the transcripts both informative and interesting reading.
Speaking of the Supreme Court, the Court has granted cert in Cuellar v. U.S. (06-1456) to define money laundering. Currently money laundering is defined as “the transaction of any money between two individuals within the confines of the borders of Dade County, or in other circumstances when money is exchanged and one of the two individuals is a lawyer licensed to practice law in the State of Florida.” Apparently some of the Circuits are having trouble applying that definition. The SCOTUSblog has all the “certy” details.
NEW BLOG ALERT:
There’s another new blog in town: SOUTHFLORIDALAWYERS
Welcome to the party pal. The blogster has forsaken the spotlight so ably filled by Mr. Markus, our favourite federal blogger, and chosen to blog in anonymity, eschewing fame, fortune (not to mention the groupies) in favor of humble writings anonymously proffered for the good of all humanity. What is it about our profession that motivates some of us to wax poetic about things we know little about?
Hello......
Today, the DALI LAMA receives the Congressional Gold Medal, the highest honor bestowed by Congress upon a civilian. Our tough, no nonsense, don’t take crap from no-one President, bowed to criticism from Communist China and met the Dali Lama in the White House Residence rather than the Oval Office.
Those wimpy countries- Germany and Canada- managed to stand up to China and their leaders officially met with the Dali Lama. Canada even bestowed an honorary citizenship upon the Dali Lama.
Before we sign off, we can’t help but wonder. When introduced to His Holiness, is it in poor taste to say “Hello Dali”? Or is he just sick of that joke?
See You In Court.
Tuesday, October 16, 2007
JUDGE TRAWICK HAS A SECRET
And that secret is that he apparently doesn't follow the law when it comes to sealing civil files and making them secret.
The Herald reports that Judge Daryl Trawick has been caught with his fingers in the sealed files cookie jar. More succinctly, the Herald located an order sealing a civil file. The problem is that Judge Trawick did not follow the Florida Supreme Court’s mandatory procedures for sealing a court file.
You can view Judge Trawick’s order on the link below to the Herald Article.
The order included the language “said sealment shall seal the Court file from public view by anyone, ever until the end of the earth.”
Maybe because we don’t practice civil law, but that language seems awful strange to us.
The Herald further reported HERE
that
"Judge Trawick is one of two Miami-Dade judges who admitted this year to approving the alteration of criminal court dockets to disguise the fact that defendant/informants had pleaded guilty to various criminal charges.
In Florida, it's a crime for anyone, even a judge, to falsify court records. But no charges have been filed against Trawick or the other judge, Victoria Sigler."
What is disturbing is that the Judge has previously admitted engaging in the same conduct that prompted the Florida Supreme Court to step in and issue emergency amendments to the rules regarding sealing files. And yet here is the Judge barely four months later sealing a civil file without following any of the procedures the Supreme Court requires. Judge Trawick has otherwise earned high praise from the lawyers who have appeared before him, so we think he is entitled to the benefit of doubt here. Perhaps there is a legal explanation.
At 945 So.2d 16( Fla. 2007) (Blog note- this maybe the very first time in over 700 posts we have actually published a cite) The Florida Supreme Court on April 5, 2007 issued an emergency amendment to the rules of Judicial Administration requiring that before a non-criminal record is sealed, the following procedures are followed:
1. A request to make court records in noncriminal cases confidential must be made by written motion.
2. A public hearing must be held on any contested sealing motion and may be held on certain uncontested sealing motions.
3. A sealing order issued by a court must state with specificity the grounds for sealing and the findings of the court that justify sealing.
If you review Judge Trawick’s order on the link above you will see that at the very least the order, signed four months after the new procedures went into effect, does not state with specificity (or even address the issue at all) the grounds for sealing the record, nor does the order state the findings of the court justifying the sealing.
Secret orders undermine the public’s confidence in the judiciary. (No comment on lawyers' confidence in the judiciary, please.)
Judges who do not follow the law, especially when they have been prominently mentioned in earlier episodes for not following the law, cause serious problems.
We would be happy to hear from Judge Trawick as to why a Circuit Court Judge apparently does not follow the law when it comes to sealing files.
And while he's at it, isn't that "ever until the end of the earth" language a bit melodramatic? Wouldn't a hundred years be sufficient? How about "Until the Dolphins win the Super Bowl."? That ain't happening again in our lifetime. If we had an embarrassing matter we wanted sealed, we would probably feel secure with "until the Dolphins have a winning season."
Scientists believe that in another 5,000 million years, give or take a million years, the sun will run out of hydrogen, spelling the end of the earth as we know it. Did whoever came up with that language really think that our distant descendants will be sitting around saying "just another few years until the Sun dies. I hope we can get a peek at those files Judge Trawick sealed in the 21st Century while there is still enough light to read them."
You want to make sure a file isn't seen?
Just give it to our criminal clerks and tell them to take it to the ninth floor. We guarantee you that beyond the "end of the earth" it will disappear into that black bottomless void known as "the file room" never again to be seen by prying human eyes.
See You In Court.
The Herald reports that Judge Daryl Trawick has been caught with his fingers in the sealed files cookie jar. More succinctly, the Herald located an order sealing a civil file. The problem is that Judge Trawick did not follow the Florida Supreme Court’s mandatory procedures for sealing a court file.
You can view Judge Trawick’s order on the link below to the Herald Article.
The order included the language “said sealment shall seal the Court file from public view by anyone, ever until the end of the earth.”
Maybe because we don’t practice civil law, but that language seems awful strange to us.
The Herald further reported HERE
that
"Judge Trawick is one of two Miami-Dade judges who admitted this year to approving the alteration of criminal court dockets to disguise the fact that defendant/informants had pleaded guilty to various criminal charges.
In Florida, it's a crime for anyone, even a judge, to falsify court records. But no charges have been filed against Trawick or the other judge, Victoria Sigler."
What is disturbing is that the Judge has previously admitted engaging in the same conduct that prompted the Florida Supreme Court to step in and issue emergency amendments to the rules regarding sealing files. And yet here is the Judge barely four months later sealing a civil file without following any of the procedures the Supreme Court requires. Judge Trawick has otherwise earned high praise from the lawyers who have appeared before him, so we think he is entitled to the benefit of doubt here. Perhaps there is a legal explanation.
At 945 So.2d 16( Fla. 2007) (Blog note- this maybe the very first time in over 700 posts we have actually published a cite) The Florida Supreme Court on April 5, 2007 issued an emergency amendment to the rules of Judicial Administration requiring that before a non-criminal record is sealed, the following procedures are followed:
1. A request to make court records in noncriminal cases confidential must be made by written motion.
2. A public hearing must be held on any contested sealing motion and may be held on certain uncontested sealing motions.
3. A sealing order issued by a court must state with specificity the grounds for sealing and the findings of the court that justify sealing.
If you review Judge Trawick’s order on the link above you will see that at the very least the order, signed four months after the new procedures went into effect, does not state with specificity (or even address the issue at all) the grounds for sealing the record, nor does the order state the findings of the court justifying the sealing.
Secret orders undermine the public’s confidence in the judiciary. (No comment on lawyers' confidence in the judiciary, please.)
Judges who do not follow the law, especially when they have been prominently mentioned in earlier episodes for not following the law, cause serious problems.
We would be happy to hear from Judge Trawick as to why a Circuit Court Judge apparently does not follow the law when it comes to sealing files.
And while he's at it, isn't that "ever until the end of the earth" language a bit melodramatic? Wouldn't a hundred years be sufficient? How about "Until the Dolphins win the Super Bowl."? That ain't happening again in our lifetime. If we had an embarrassing matter we wanted sealed, we would probably feel secure with "until the Dolphins have a winning season."
Scientists believe that in another 5,000 million years, give or take a million years, the sun will run out of hydrogen, spelling the end of the earth as we know it. Did whoever came up with that language really think that our distant descendants will be sitting around saying "just another few years until the Sun dies. I hope we can get a peek at those files Judge Trawick sealed in the 21st Century while there is still enough light to read them."
You want to make sure a file isn't seen?
Just give it to our criminal clerks and tell them to take it to the ninth floor. We guarantee you that beyond the "end of the earth" it will disappear into that black bottomless void known as "the file room" never again to be seen by prying human eyes.
See You In Court.
Monday, October 15, 2007
ANDERSON VERDICT AFTERMATH
The jury verdict acquitting the guards charged in the beating death of Martin Lee Anderson sparked some controversy on the blog.
In response to our comment about an all white jury acquitting the guards, some readers pointed out that one guard was an Afro-American and one other defendant was Asian.
Other readers commented on the apparent hypocrisy of a blog run by a defense attorney bemoaning the acquittal of defendants.
These are valid comments, and we shall address both of them.
1) There is a lingering opinion, based on decades of horrendous and un-just verdicts, that African American males are not valued by white southern juries when it comes to making a decision about them either as a defendant, or as a victim. This verdict opens old wounds. However, Herald reporter Oh Susannah Nesmith was present throughout the trial, and based on the evidence she saw, she correctly predicted an acquittal. If the evidence was not sufficient to prove guilt beyond a reasonable doubt, then we applaud the jury for doing what they were supposed to do. Whether this case was handled properly is a different matter. What we do know is that a young man was beaten for 30 minutes and died of asphyxiation and no one has been held criminally liable for his death.
2) As defense attorneys, we do not give up our right to see justice done. And sometimes, justice is a verdict of guilt. Beyond our jobs, we are citizens of this town, this community, this state, and this nation. As Martin Luther King wrote from a jail cell in Birmingham, Alabama, “Injustice anywhere is Injustice everywhere.”
An additional point is that as defense attorneys, we come in close contact with clients on a daily or weekly basis who complain of mistreatment at the hands of the police or corrections officers. Many of us have defended clients accused of battery of a police officer and been horrified at the booking photo, which shows our client beaten to a pulp. “He fell” is sometimes the response. Or who can forget the defense in the Sweetwater case in which the officer said the defendant repeatedly threw himself into the bars of his jail cell, rupturing his spleen?”
The point is that when our clients enter the system, they become vulnerable. “Who’s going to believe them?” is often the attitude of brutal cops or corrections officers. So when we see some corrections officers charged with brutality- which in and of itself is a rare event- we hope for justice just this once.
If these officers were innocent- the verdict is correct. If they are not, at the moment, they may only have to answer to their maker for their actions, unless the Feds take over, and we have conflicting thoughts about that.
NEW ATTORNEYS
Its been about three months since a new class of prosecutors and PDs descended upon our humble work place.
How are things going? Do you enjoy your job? What do you think about the REGJB?
We’d like to know.
SUICIDE POOL
On it goes. Rumpole and CK locked in a battle of wits. (CK is clearly not a robed reader or this would have been over a long time ago.)
Both of us won our games this past Sunday, so we proceed to week seven.
We had a winning week to get us back in the black, and we can’t help but crow about our prediction of the game of the week. We said Cheaters 45- Cowpokes 30. Documented Sunday morning before the game. Final score: Cheaters 48- Cowpokes 27. Not bad at all.
See You In Court.
In response to our comment about an all white jury acquitting the guards, some readers pointed out that one guard was an Afro-American and one other defendant was Asian.
Other readers commented on the apparent hypocrisy of a blog run by a defense attorney bemoaning the acquittal of defendants.
These are valid comments, and we shall address both of them.
1) There is a lingering opinion, based on decades of horrendous and un-just verdicts, that African American males are not valued by white southern juries when it comes to making a decision about them either as a defendant, or as a victim. This verdict opens old wounds. However, Herald reporter Oh Susannah Nesmith was present throughout the trial, and based on the evidence she saw, she correctly predicted an acquittal. If the evidence was not sufficient to prove guilt beyond a reasonable doubt, then we applaud the jury for doing what they were supposed to do. Whether this case was handled properly is a different matter. What we do know is that a young man was beaten for 30 minutes and died of asphyxiation and no one has been held criminally liable for his death.
2) As defense attorneys, we do not give up our right to see justice done. And sometimes, justice is a verdict of guilt. Beyond our jobs, we are citizens of this town, this community, this state, and this nation. As Martin Luther King wrote from a jail cell in Birmingham, Alabama, “Injustice anywhere is Injustice everywhere.”
An additional point is that as defense attorneys, we come in close contact with clients on a daily or weekly basis who complain of mistreatment at the hands of the police or corrections officers. Many of us have defended clients accused of battery of a police officer and been horrified at the booking photo, which shows our client beaten to a pulp. “He fell” is sometimes the response. Or who can forget the defense in the Sweetwater case in which the officer said the defendant repeatedly threw himself into the bars of his jail cell, rupturing his spleen?”
The point is that when our clients enter the system, they become vulnerable. “Who’s going to believe them?” is often the attitude of brutal cops or corrections officers. So when we see some corrections officers charged with brutality- which in and of itself is a rare event- we hope for justice just this once.
If these officers were innocent- the verdict is correct. If they are not, at the moment, they may only have to answer to their maker for their actions, unless the Feds take over, and we have conflicting thoughts about that.
NEW ATTORNEYS
Its been about three months since a new class of prosecutors and PDs descended upon our humble work place.
How are things going? Do you enjoy your job? What do you think about the REGJB?
We’d like to know.
SUICIDE POOL
On it goes. Rumpole and CK locked in a battle of wits. (CK is clearly not a robed reader or this would have been over a long time ago.)
Both of us won our games this past Sunday, so we proceed to week seven.
We had a winning week to get us back in the black, and we can’t help but crow about our prediction of the game of the week. We said Cheaters 45- Cowpokes 30. Documented Sunday morning before the game. Final score: Cheaters 48- Cowpokes 27. Not bad at all.
See You In Court.
Sunday, October 14, 2007
WEEK SIX
The best cure for a losing week is taking a week off.
The second best cure is doubling down your bets.
The third best cure involves a young woman named April at a Gentlemen’s club in Las Vegas, but we’ll leave that for another blog and another time.
The fourth best cure is to bet against the Raiders.
Oakland meanders into a bees nest of angry Chargers. What San Diego did to Denver last week is a crime in several states. Lay the 9.5 and watch the fireworks,
We like Seattle at home coming off a bye week against the hapless Saints. Lay the 6.5
Wanna know who Rumpole is? He’s the guy humming the songs from Springsteen’s new Album: Magic.
In Dallas, Vanilla Phillips' Own Worst Enemy has Come to Town:
You can't sleep at night
You can't dream your dream
Your fingerprints on file
Left clumsily at the scene
Your own worst enemy has come to town
Your own worst enemy has come to town
Yesterday the people were at ease
Baby you slept in peace
You closed your eyes and saw her
You knew who you were
And your own worst enemy has come to town
Your own worst enemy has come
Your world keeps turning round and round
But everything is upside down
Your own worst enemy has come to town
The line on this game, according to 52nd Street Irwin is all over the board, from a low of 4 to a high of 7- with the NE Cheaters being the favorite. Lets call it 5.5. Lay the points and take the Cheaters. Your own worst enemy has come to town.
Pick your poison. Pick your own worst enemy: Brady. Moss. Belicheater.
Now be warned, the Cheaters are banged up- RB Maroney is a game time decision and Sammy Morris is his back-up. The absence of Maroney will change how the Cheaters play this game. But the Cheaters are one hell of a football team, while Dallas had the aura of invincibility removed from them last week.
We said we were going to pick this game, and we are:
NE Cheaters -5.5 on the road.
Here are two flyers: take the Cardinals at home -4 over the Carolina Panthers and take the Cleveland Brownies over the perfect season 0-16 Dolphins: Browns -4.5
So we say to the Cowboys: There’s a Darkness on the Edge of Town- and that town is in the Badlands:
Lights out tonight
trouble in the heartland
Got a head-on collision
smashin' in my guts, man
I'm caught in a cross fire that I don't understand
Cheaters 45- Cowboys 30 - although we'd feel a lot better if we knew if Maroney was playing.
Suicide Pool
It’s just Rumpole and Feet of Clay Kaeiser, in the battle for the Blog’s suicide pool champion.
Clay a/k/a CK weighs in with the Baltimore Ravens at home over the Rams.
Rump decides between the Bears over the Vikes or the Jaguars over the Texans. The Texans had their hands full last week with a weak Miami team. The Jaguars have righted the ship and bring a very very good defense to the table. Rumpole picks the Jaguars over the Texans.
See You Tomorrow, humming some tunes.
The second best cure is doubling down your bets.
The third best cure involves a young woman named April at a Gentlemen’s club in Las Vegas, but we’ll leave that for another blog and another time.
The fourth best cure is to bet against the Raiders.
Oakland meanders into a bees nest of angry Chargers. What San Diego did to Denver last week is a crime in several states. Lay the 9.5 and watch the fireworks,
We like Seattle at home coming off a bye week against the hapless Saints. Lay the 6.5
Wanna know who Rumpole is? He’s the guy humming the songs from Springsteen’s new Album: Magic.
In Dallas, Vanilla Phillips' Own Worst Enemy has Come to Town:
You can't sleep at night
You can't dream your dream
Your fingerprints on file
Left clumsily at the scene
Your own worst enemy has come to town
Your own worst enemy has come to town
Yesterday the people were at ease
Baby you slept in peace
You closed your eyes and saw her
You knew who you were
And your own worst enemy has come to town
Your own worst enemy has come
Your world keeps turning round and round
But everything is upside down
Your own worst enemy has come to town
The line on this game, according to 52nd Street Irwin is all over the board, from a low of 4 to a high of 7- with the NE Cheaters being the favorite. Lets call it 5.5. Lay the points and take the Cheaters. Your own worst enemy has come to town.
Pick your poison. Pick your own worst enemy: Brady. Moss. Belicheater.
Now be warned, the Cheaters are banged up- RB Maroney is a game time decision and Sammy Morris is his back-up. The absence of Maroney will change how the Cheaters play this game. But the Cheaters are one hell of a football team, while Dallas had the aura of invincibility removed from them last week.
We said we were going to pick this game, and we are:
NE Cheaters -5.5 on the road.
Here are two flyers: take the Cardinals at home -4 over the Carolina Panthers and take the Cleveland Brownies over the perfect season 0-16 Dolphins: Browns -4.5
So we say to the Cowboys: There’s a Darkness on the Edge of Town- and that town is in the Badlands:
Lights out tonight
trouble in the heartland
Got a head-on collision
smashin' in my guts, man
I'm caught in a cross fire that I don't understand
Cheaters 45- Cowboys 30 - although we'd feel a lot better if we knew if Maroney was playing.
Suicide Pool
It’s just Rumpole and Feet of Clay Kaeiser, in the battle for the Blog’s suicide pool champion.
Clay a/k/a CK weighs in with the Baltimore Ravens at home over the Rams.
Rump decides between the Bears over the Vikes or the Jaguars over the Texans. The Texans had their hands full last week with a weak Miami team. The Jaguars have righted the ship and bring a very very good defense to the table. Rumpole picks the Jaguars over the Texans.
See You Tomorrow, humming some tunes.
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