Wednesday, May 16, 2007

LETS GET TOUGH ON CRIME

Ahem.....Our local State Attorneys Office (Motto:don't do the crime. But if you must, we may have a job for you as a prosecutor!) has issued the following press release:
STATE ATTORNEY
ELEVENTH JUDICIAL CIRCUIT OF FLORIDA E. R. GRAHAM BUILDING1350 N.W. 12TH AVENUE MIAMI, FLORIDA 33136-2111
KATHERINE FERNANDEZ RUNDLE TELEPHONE (305) 547-0100STATE ATTORNEY
MEDIA ADVISORY

Contact: Ed Griffith 305-547-0535
Assistant State Attorney Loses Job After Buying Drugs
Miami (May 16, 2007) – After a Tuesday evening arrest, Assistant State Attorney Utpal Dighe’s employment terminated today. The 31-year-old attorney was arrested for purchasing and possessing marijuana in the Coconut Grove section of Miami at approximately 6:30 p.m.


“I am deeply disappointed in the decisions Mr. Dighe has chosen to make. As a prosecutor, one is sworn to uphold our criminal laws, not violate them. I cannot tolerate one of my prosecutors behaving as if their oath of office required no personal commitment to the law.” [Rumpole notes: Time to get a new press agent. There is no name attributed to this quote in the release issued by the State Attorneys Office. Just who exactly is so disappointed?]

Mr. Dighe had worked as an Assistant State Attorney since August of 2004, recently prosecuting criminal cases before Circuit Court Judge Spencer Eig. He had been the subject of disciplinary action in November 2006 for his failure to obtain necessary approvals when making a plea offer in a criminal case. [Rumpole notes: Ahh...there's the rub. Marijuana is one thing, but not following the chain of command in the army of Fernandle's Freedom Fighters (Motto: "We fight against freedom")....well , that is a high crime that cannot be ignored. Who was it who said "orders must be obeyed?"]


Utpal Dighe is charged with 1 count of the Purchase of Cannabis, a 3rd degree felony, and 1 count of Possession of Cannabis, a 1st degree misdemeanor.

A letter is being forwarded to Governor Crist requesting the appointment of a special prosecutor to handle the prosecution of the above drug charges.

Rumpole says: And what's even worse is that drug court diversion is not available because drug court is closed. Remember that scene in the movie The Hunt for Red October at the end where the embarrassed Russian Ambassador goes to the US National Security Director seeking help to locate a second submarine. And the National Security Director takes great pleasure in saying "you've lost another sub?"

Ms. Rundle.....You've had another prosecutor arrested? If this keeps up, you're going to have to find office space to accommodate all the special prosecutors assigned to prosecuting your prosecutors.

By the way, what if on the extremely slim chance the City Of Miami Officers arrested the wrong guy? We know the City of Miami rarely ever makes mistakes. But still....Ever hear of the presumption of innocence? Or has that gone the way of defense rebuttal closing arguments?

A suspension is warranted. But a finding and adjudication of guilt prior to arraignment? What is this...Broward? Not really the best way to stand behind your loyal employees is it?

By our abacus, that's at least three prosecutors arrested in the short time we have been running the blog. And the Dade PDs' keep humming along, fighting for rights, and managing to obey the laws of our fair State. Who woulda thunk it?

Judges get arrested for possessing marijuana. Prosecutors get felony arrests for buying marijuana. What's wrong with this picture?

1) That purchase of marijuana is a felony, is a joke. It's a waste of resources. Marijuana possession is an infraction in many parts of this country, yet a prosecutor finds himself the subject of a felony prosecution for what really amounts to possessing marijuana.

Isn't is about time we made possession of marijuana a civil infraction, and sale or purchase a misdemeanor? Do we need the valuable time of our circuit court judges

(-sound of Rumpole choking after saying something nice about a robed reader-) taken up with these kinds of cases?

Or- and we address this to our local Prosecutor who has a penchant for hiring people who violate the law- is it time to get "really tough on crime" and throw the book at this prosecutor?

Come on. Put your money where your mouth is. If purchase of marijuana is a third degree felony, how about 18 months prison followed by 2 years probation?

Don't give us that crap about it being a first offense. Do you really think this is the first time he purchased marijuana? Lets not forget that the federal guidelines have sentencing enhancements for individuals who abuse their position of authority when they commit a crime.

Or is it time to bring some reason and sanity into the world of crimes and prosecution?

See You In Court.

PS: What's the deal with Judge Eig? They give him one of those hidden courtrooms on the third floor that no one ever goes to, and we have yet to pick up a case in his division. It's almost like he's out of the loop and the blind clerk is not assigning him cases.

80 comments:

  1. I would bet about 70% of the ASAs smoke pot at least once a month.

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  2. Whether you liked him as a prosecutor or not, Utpal is like so many others who are jailed for doing something on their own time to themselves that doesn't affect or have anything to do with their professional lives. Sadly he will be vilified because of what he does (did) for a living and made a scapegoat by the zealots for continueing the status quo. I don't think it should be illegal except if driving, etc., like alcohol. Unfortunately our elected leaders have neither the b*lls nor the will to change the rules lest you be accused of being 'soft' on crime. Just look at the disparity in federal sentences for crack vs. powder 'coke' to prove that and even with all the talk I hear to change that it still may not happen. Between you and me, I hope he beats the rap with the Courts and following that, the Bar.

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  3. Slamming KFR for firing the prosecutor is ridiculous. If she didn't fire him, you'd be calling her a hypocrite.

    The bottom line is that prosecutors must follow the law (regardless of what you think of it).

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  4. Nice of you to take a whiz on Utpal while his employer is pushing him down the stairs.

    Maybe if you screw up we can all laugh about it behind your back.

    Time for you and this blog to grow up, and not sound like 5th graders at recess.

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  5. 1) I did not publish the comment asking how many times a particular elected offical was pulled over for DUI, because to our knowledge the answer is zero. If you have other info, we'd love to break the story so email it to us.

    2) I was worried people would think we were beating up on Mr Dighe. We are not. We think he should get PTI if he did the crime. Of course, prosecutors cannot be allowed to work at the office if they do not follow the law 100% including marijuana cases. However, we do believe he should be suspended pending the resolution of the case. We are NOT laughing behind his back. We are guilty of using his case to try and make a point- that purchase of marijuana being a felony is ridiculous.

    We wish Mr. Dighe the best, especially if he is innocent. If he is guilty, he has his own conscience to deal with on the issue of using marijuana while being a prosecutor.

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  6. The press release is news, and blog worthy. The fact that there has been a couple arrests of prosecutors is as newsworthy as the issue of judges in broward having problems at the same time.

    However, we should all wish Uptal well, he screwed up (none of us, except certain prosecutors who profess to be perfect) are perfect.

    In the coming days, we will tear him apart on this blog, just watch. We are all lesser of a criminal justice system for doing so.

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  7. I'm not tearing Utpal apart. I always found him to be nice. But isn't Rumpole right in a way? Shouldn't prosecutors be held to a higher standard? Like cops or dirty Judges? Doesn't breaking a law and being a law enforcement officer require a stricter punishment then if an artist or a car washer breaks the law?

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  8. Utpal Dighe is a good guy, and the fact that his life is turned upside down over marijuana is ludicrous. I must say, knowing the way drug busts go down, it was not too bright to drive to grand avenue in a suit (see booking photo) and do a street level purchase of weed, but who really cares. Do not kick this kid when he is down...It is by the grace of god that this is not any number of the rest of us in his possession.

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  9. There is no question that prosecutors and cops should be held to a higher standard, so should lawyers in general and other professionals.

    The point is that all of us here are in the system, and when one of us falls, it is silly and downright disgraceful for the other "sides" to jump on their misery (although we do it constantly)

    Good luck Uptal, I hope you come out of this allright

    Signed, not a prosecutor

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  10. It's a shame that this happened to someone as nice as Utpal. We worked together in several courtrooms, I as a PD and he as a prosecutor. I always found him to be a compassionate and nice guy who offered fair pleas and (gasp!) actually didn't try to screw over my clients needlessly. I wish him the best and hope he pulls through this experience with his dignity intact.

    Adriana Collado

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  11. That press release is a sign of how KFR runs her office and how little she values her prosecutors. Morale has hit rock bottom at the SAO. ASAs need to get high just to take the edge off. Those comments about Utpal’s unapproved pleas are unnecessary and only serve as a tactic to take the heat off KFR's poor performance as State Attorney. What pleas has she ever approved anyway? Has anyone ever seen her in the courthouse? She doesn’t even know who her prosecutors are until they get arrested.

    As for Utpal, he’ll get a better job and make more money. This story will be forgotten in a few months and he’ll get on with his life. Good luck, Utpal and keep your head up.

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  12. Of course prosecutors should be held to a higher standard. Utpal was a very pleasant person and a good prosecutor but he knew the risks involved with breaking the law. You see how many purchase cases we have a day in division---you have to know undercover stings are going on all the time. I feel bad for him and wish him well.

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  13. artists do much better work if they're high. its true, i read it somewhere.

    almost all car washers are high, but they dont do a good job. ever go the The Car Wash on Dixie? those guys are always high and my car never gets clean.

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  14. where is Mr. Spicoli during this brouhaha over poking smot? methinks the venerable toker should weigh in.

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  15. Rump, this Utpal story is precisely why you need to do away with comment "moderation." Your blog used to break stories, whether it was you yourself or one of your readers posting a comment. Someone posted a comment about the ASA arrested at noon today, but no one saw it because you had comment "moderation" turned on. As a result, the Herald and CBS4 scooped you, and you didn't put the story up until 4PM. The Broward blog has the right idea. A blog should be about guerilla journalism, posting things as they happen, in real time, an army of guerilla reporters spread out across the field. Your blog is becoming stodgier and less relevant than it used to be, when we could post in real time.

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  16. Dighe is a good guy and was a great
    State Attorney. The thing that set him apart was his willingness to talk to defense lawyers about his cases. Not that he always agreed with us, but at least he was willing to sit down like an adult and talk.

    Having said that, there are countless pit prosecutors out there who act like speaking to defense lawyers is speaking to the devil himself.

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  17. As a judge, I have had the pleasure of presiding over two of Utpal's cases. He was very nice to one of my daughter's when she was present for one of his trials. He is an excellent prosecutor and someone who I truly respect and like. I pray for him and his family. This too shall pass, and it will make him better and stronger. I know that his close friends will never abandon him, and that must be very conforting at this difficult time.
    Needless to say, Utpal, you can count on my support. I think you know where to find me.

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  18. Utpal is a wonderful guy. He had been in Judge Tunis's division for the past year. He was fair, prepared and even-handed-which was what the judge expected-in her court. We could always go to him about the whoes of our clients and know it would be heard by him. It was a pleasure to work against him on a daily basis and it's a loss for the SAO that he is no longer there. I truly wish him all the best.

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  19. One day I had a case with another ASA and was speaking with the ASA when Iffy chimed in and blew apart any progress I was making. So Iffy now I say to you you have lost your right to opin on matters that should not concern you. Get lost.

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  20. I think it is ironic that KFR "cannot tolerate" one of her prosecutors breaking the law but says nothing about her own children

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  21. What Broward Judge was caught out of his office @ 2PM at the local Home Depot by a TV News Crew? Then when followed this same brilliant jurist got into his automobile with its handicap placard which was parked in a disabled spot? Clue: It wasn't Stanton Kaplan.

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  22. it's pretty sad when your weed connection is on a street corner in the grove. and schwag factor. i hardly smoke but when i do, i like kind bud. and the danger factor! yo. he's lucky they did'nt take his shoes and a little somethin out hiss ass... those be some ruff streets.

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  23. I agree with the robed one at 8:31 and the lawyer at 8:35. Utpal was and is respected, and those who worked with him and against him will not forget. His reputation as fair-minded and hardworking remains intact. Godspeed, my friend. This too shall pass.

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  24. People on this blog love to talk about attorneys when they get arrested for disregarding the law. Why not take a moment to search the civil docket and see how many attorneys in this town totally disregard paying their bills until they get sued in civil court.

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  25. Sounds like a job for the Q. He's dusting off his "purchase" case law, and is ready to go.

    Fear the Q
    Respect the Q

    Get busted for buying pot?
    Hire the Q!!

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  26. 9:05
    when i was in high school, we would buy weed on the corner of grand and oak street. youd be suprised @ the quality of the weed in the grove. they spray it with raid and they call it the "bug."

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  27. Rumpole, you are right on point. Regardless of whether marijuana should be legal, or if a purchase is a felony-- if you want to be a prosecutor, then don't use drugs. It's just that simple. If you want to use drugs-- get a different job or practice a different type of law.

    And note to 8:40, "iffy" and "utpal" are not the same person, nor are they the same nationality if that's what has you confused. FYI.

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  28. You guys that support weed smoking as just ok and lets reduce the crime to an infraction Please BLOW ME!

    What should happen is exactly what they do in driving infractions that get out of control and get elevated to felony Court after so many suspensions. Sure keep weed purchase and possession a misdeamenor but after so many bust elevate the creed to felony court.

    Now back to the people who think its just cool to break the law and smoke weed. This drug is a stepping stone to other drugs and you low life scum who think its cool to promote the use get a life!

    My parents smoked weed when I was growing up and some of my siblings used that as a stepping stone for other drugs and sadly one of my brothers has a terrible drug addiction.

    Say no to drugs or at least illegal drugs. If you want to smoke weed take a 10 hour plane ride to Amsterdam and it is on the menu in most restaurants.

    The law is the law if you do not like it move. Nevada makes it a felony all the way around (purchase and possession).

    Rumpole and Robed readers please don't promote illegal drugs at any level.

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  29. Wednesday, May 16, 2007 9:37:00 PM

    you have a good point lets start the party.

    Captain you are good at this shit.

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  30. As prosecutors we have to walk a fine line to ensure that someone who deserves to go to prison doesn't walk out with a slap on the wrist compare to someone who makes the mistake of being at the wrong place at the wrong time doesn't spend years in prison. Utpal did a fine job walking this line, and as a fellow prosecutor I will miss him and wish him the best of luck. Keep your head up, it only gets better from here.

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  31. Free the blog from moderation!

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  32. I agree with 8;32, 9;17, 4.22 and 5.67. i disagare with 7.45, 4.56 and 8 45. i partiallly agreee with sentence 4 of 6.56, and the rest of you are idiots.

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  33. "One day I had a case with another ASA and was speaking with the ASA when Iffy chimed in and blew apart any progress I was making. So Iffy now I say to you you have lost your right to opin on matters that should not concern you. Get lost."

    What does Iffy have to do with Utpal? Is this a racist shot at the two because of their ethnic background? I would hope not - not to mention that Iffy is Pakistani and Utpal Indian, though they visually look similar to some extent.

    Cheap shot to take at another ASA during a time like this when this ASA is down.

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  34. Why does anyone have to bring up KFR's kids here? Those of us who are parents know we cannot control everything our kids do. We worry about them constantly and do the best we can to teach them right from wrong. When we fail, it's sometimes not our fault. KFR's kids obviously have some serious issues. That doesn't mean she is/was a bad mother. It's wrong to judge her without knowing a lot more about what went on in that household.

    I'm not a KFR fan, but do know that she was entirely committed to her family prior to the divorce. We all know that divorce changed everything. Those of us who have been through a divorce or other devastating life altering event know how difficult it can be. I'm sorry she (or anyone else) has to deal with the strain.

    Maybe I've been away from criminal law long enough to gain some real perspective, but it seems to me that some of you need to look inward. There's way to much anger and hatred here.

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  35. is utpal the guy with those cool rectangular glasses?

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  36. To the person who asked about a local attorney's DUI arrests, if you provide proof, I will post your comment.

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  37. In the words of Rodney Smith, "God will judge us all. Leave the poor kid alone. Rock on."

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  38. I agree that Utpal's mistake is just symptomatic of the lack of morale at the SAO.

    On another note - Rump, did you see Jim Defede's report about he JAABlog and Broward judges last night on CBS4? He joined the chorus and also called for Ross's resignation. Here's a link to the story. http://cbs4.com/defede

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  39. utpal is a great guy who made a dumb move.. and he'll be back just like ray making twice the money and his dignity restored... by the way how come utpal gets fired and ray s. had the chance to resign... state attorney's ofc. THAT'S B.S.

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  40. Rumpole: When I heard of Mr. Dighe's troubles while watching the news this morning, I decided to log on to the Blog and read the posts of my fellow attorneys. As expected, the comments ranged from short and biting, to well thought out and articulate. I do not know where my comments will fall, however, I do have some thoughts:

    On a personal level, although I do not know him, I have compassion for Mr. Dighe and his family and friends. This is obviously a painful and embarrassing time for them. On a financial and professional level, the man has lost his job and more importantly, could have significant consequences with the Bar. In terms of the Blog, Mr. Dighe's misfortune has initiated a thoughtful discussion about our role as attorneys and the possible disparity between sentenses for different drug offenses. But what about the bigger picture to us all:

    The law should always be represented as an honorable profession. For too many, it is merely a job, a paycheck. Some forget that although we deal with the system every single day, regular folks expect more from us. They want us to be "Atticus Finch" and sometimes, "Matlock" or "Perry Mason" I think we have an obligation to try to live up to this standard, in and out of the courtroom. Maybe if we do show respect for the law, the court, our fellow attorneys, then we really can make the difference in how we are viewed by the general public. As for Mr. Dighe, I don't know if he is innocent or not--it's not my business. However, it does become my business when people on the street see one of us, shake their collective heads, and say "Well, there goes another dirty....."

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  41. utpal is a good guy and an excellent example of why herb should be legal. FREE MARY JANE

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  42. Thank you 11:43 for a very thoughtful comment.

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  43. MORE POPULAR THAN EVER!!!!!!!!!
    -- Site Summary ---
    Visits

    Total ...................... 232,140
    Average per Day ................ 869
    Average Visit Length .......... 5:58
    This Week .................... 6,084

    869 PER DAY!!!! WOW!!

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  44. ahhhhhhhhhhhhhh.....

    Rumpole we get it your popular!

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  45. Utpal is (was) a prosecutor and he HAS to wear the white hat. Buying weed in the Grove was just a stupid move. (plus, who doesnt know that the City of Miami loves to stake out the Grove.)Guilt or innocence is not the issue. You get arrested, you get fired.

    I had a case with Utpal when he was in Fernandez and he was a straight up ASA who would actually listen to the defense and was not afraid to use some discretion. Good luck Utpal.

    Former ASA

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  46. why wouldn't KFR suspend Uptal with pay, let him get his bearings and find a new job. Does she think?

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  47. My years of empirical research and observation showed that almost every person who became addicted to heroin and/or cocaine had, prior to using these drugs, smoked cigarettes, ate ice cream, and drank coffee. Therefore, it is clear to me that cigarettes, ice cream, and coffee are "gateway drugs" that, using the logic of 10:46 ("just say no to drugs"), should be criminalized. And, let's not even talk about alcohol, but I guess we already tried to criminalize that.

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  48. Why don't you losers shut up about pot being legal and do something about it. Oh, that's right, we can't because we live in a quasidictatorship where they cart you off to prison becase of the kind of plants that grow in your garden.

    Anybody who would swear an oath to support Florida's drug laws deserves to be locked up.

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  49. Utpal would be LUCKY to get the Q.

    Q is the letter.
    Q has groove
    Q has feeling
    Q is a time, is a place, is a notion
    Q is the way we are feeling.

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  50. "What does Iffy have to do with Utpal? Is this a racist shot at the two because of their ethnic background? I would hope not - not to mention that Iffy is Pakistani and Utpal Indian, though they visually look similar to some extent."

    I resemble that comment.

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  51. Rumpole, re: Spencer Eig

    You complain as though not having cases in front of him is a bad thing. Life is filled with blessings (pardon the pun about a guy who blesses children who appear before him from the bench), but not having a case in his division is a blessing like one of those unobserved Jewish holdiays that you really don't want to know about.

    As my Bubby used to say: Better you should appreciate the good things in life. Don't put a Kheyna Hora on yourself.

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  52. Seasons don't fear the Q
    nor the wind
    nor the sun
    nor the rain
    you can be like he is
    come on baby
    don't fear the Q

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  53. I have discovered that if you take the full names of the last four national security directors of democratic presidents, and use the name "Arthur Winton" as the code, and then re-arrange the letters, you get the statement

    "Rumpole is none other than...."

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  54. I'm a big fan of Elortigui's, who is also called "The E" or "The Big E". He doesn't get the press of the Q, but in his own quiet way, he is as good or better than the Q. Have you ever seen the way he picks a jury? Simply astounding! And those motions!!!Yowza.

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  55. I feel like such a loser. Am I the one person on the planet who's never smoked pot and follows the law? Wow. Where have I been?

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  56. The Q is busy negotiating Wolfowitz's resignation and severance package. He is not available for ASA's who get popped for pot.

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  57. I like my kind bud. I like being kind to my buds (and enemies).

    That's a lesson we taught one another before Mr. Hand died. Marijuana helped ease his pain and suffering before he passed.

    The world needs more Mr. Hands and I hope someone gives this kid a hand and takes him in.

    P.H. (Post Hit) - You really need to feel extra bad for him considering how much he made and how he had to get it. First, it was probably that snap, crackle, and pop variety of grass and not the good hydro. Second, I hope 70% of the Prosecutors smoke it. Helps them relax. Herb ought be legal. Ever been to Amsterdam? Or other countries where it is either legal or tolerated? Less crime. Nice folks. Yes, even Canada makes the list. The only known effect on Canadians is they cannot properly pronounce the word, "out."

    Peace ----~ As to Rundle, so much for your stance on Rehab or sympathy. You live in the land of Myopia. As a parent, what if this were your child? Ever hear of second chances or reactions that aren't knee jerk ones? Even The Florida Bar has programs offering help as does your office. If you actually believe in rehab, perhaps you can help not destroy a family and help an employee of yours. Or you can take a path at an attempt to potentially ruin someones life. Over pot. Your job. Your choice.

    To do otherwise is tantamount to saying you do not believe people can ever be rehabilitated and you do not believe in redemption. Instead, you wake up and make a statement. How about giving it some thought. Is that not reasonable? I really disagree with you. That is not how a person who stands for justice ought act. Even if it is illegal, assume everythihng is true, one can make a mistake in life and still do justice and make a comeback. A call to action before knowing everything without any sign of forethought?

    Good day to you Madam.

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  58. Who do you think is the DOC OC behind this blog? The evil genuis with 8 hands manipulating everything? Scott Fingerhut? Alan Shuminer? The L&L Twins (Lurvey and Lyons)? Jonathan Blecher? Andy Rier? Pistol Pete Heller?

    I need to figure out this mystery. It is driving me batty!!!

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  59. ABC
    Always Be Closing

    COFFEE IS FOR CLOSERS! SIT DOWN AND PUT DOWN THAT COFFEE

    Do I have your attention now? Good. First prize is a brand new Cadillac. Second prize? Second prize is a lovely set of steak knives.

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  60. Utpal Dighe was an excellent prosecutor and is a good lawyer. Always willing to listen and work to find an equitable resolution. He made on little mistake and will pay dearly for it. He is a smart kid and will get through this.

    I am embarassed that people, including my felllow members of the defense bar, are slamming him. It is true that law enforcement should be held to a higher standard. I do hope this unfortunate event will open discussion about the legalization of marijuana. Let's discuss it with a little dignity.

    (it is not as if this guy was an unreasonable guy who slammed drug cases. he discharged his prosecutorial duties with honor, save this stupid incident).

    We defense attorneys beg the state daily to show compassion to our clients. Let us show this same mindset and not slam Utpal while he is down.

    Good luck my friend and Godspeed. This too shall pass.

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  61. Breat Milk...definitely a gateway drug. Everyone who uses crack started with breat milk or its evil imposter, formula.

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  62. Which legislator would be the first to block this in Florida:

    http://www.cnn.com/2007/LAW/05/17/dna.exoneration.ap/index.html

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  63. Rumpole is definitely a cabal consisting of Lisa L'Esperance and Abby Cinammon

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  64. They will be implementing random drug tests at the SAO on July 1, 2007. 20 attorney each month picked at random.

    I wonder if they will have enough prosecutors left to cover the courtrooms?

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  65. To 5:42

    My bet is on Fingerhut.

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  66. glengarry glen ross reference? random.

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  67. A-B-C. A-always, B-be, C-closing. Always be closing! Always be closing!! A-I-D-A. Attention, interest, decision, action. Attention -- do I have your attention? Interest -- are you interested? I know you are because it's fuck or walk. You close or you hit the bricks! Decision -- have you made your decision for Christ?!! And action. A-I-D-A; get out there!!.

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  68. The Caddy Board. Great scene only in the movies. Not in the original Glen Gary (the stage play at the theatre in London or NYC). David Mamet wrote it only for the silver screen. I loved that part.

    THE VERDICT: GIVE THIS KID ANOTHER SHOT!

    Now, get me another damn coffee.

    That's my closing (The Verdict - another Mamet special).

    Yo 7:42 This building is just like Fast Times. In more ways than you might think on the surface.

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  69. Taking from Anonymous' comment ON 5/16/07 at 5pm...should your statement be "Isn't is about time we made possession of marijuana NOT AN ISSUE, SHOULDN'T THEY MAKE THE "sale or purchase" NOT A CRIME? It's incredible...if they did drug testing at the SAO they'd lose 3/4 of their employees and bust no doubt, former division chiefs.----PUBLIUS

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  70. Redemption has never had any place within the halls of the SAO or in the justice building. It should, but it doesn't. I thought I remembered in law school somewhere that there was some underlying justification, grounded in practicality and common sense, for crime and punishment. One should bear some rational relationship to the other, right? Presumption of innocence? The SAO bastardized that concept long ago...all you need to know about the prosecution of crimes in this county can be found in the SAO's handling of the case of the state of florida v. Dinghe...which probably hasn't even been arraigned yet. But he's fired for being guilty. Hello Saddam and Fidel, your soul has found its purchase in the halls of the metro justice building

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  71. I recently closed a case with Utpal and was not happy with the results. Should I move to reopen the case based on the hypo that Utpal was high that day and could not remember the plea as we had previously worked out? Please advise.

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  72. Some very nice people over the years, and you date yourself by possessing this knowledge-wisdom-information; but many of the nicest apds and asas who don't know how to play dirty office politics and have naive notions that working hard and being above average is enough to make sadly are the ones who often succumb to arrest as a way of ending their asa or apd career. It happens several times a year around the state and like I said it usually is not the sob everyone hates. I guess alcohol and drugs for some is the outlet for dealing with bureau chiefs and the assholes that all sao and pd offices have. The good news for this young man is that he will make new friends, almost all at the sao will turn their back on him and treat him like a pariah. He will become a defense attorney and life goes on. Hey Rumpole-there is a research project for you-list all the people screwed by the pd and sao offices. Like one of your earlier posts said- probably half the sao gets drunk and drives or smokes pot, does coke, commits adultery, doesn't pay child support, is a lousy parent, but because they have the title asa they get away with it- well most of them. One piece of advice to this young man-If you don't love being a lawyer this is the silver lining- a chance to do something else with your life-if you love being a lawyer you will get through this with a slap on the wrist- at worst FLA probation and drug counseling and bar probation- unlikely suspension for this even if convicted. And the more you beat yourself up over this minor transgression the worse your career will be. Hold your head up- its not like you committed a country to a bullshit war where a 1/4 million people have been killed.

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  73. Aloha 11:03,
    Great post. I cling to a hope for redemption though.

    Like, President Bush for example. 1)He ran the Rangers into the ground (and I believe did so while having Nolan Ryan); 2) Skipped out on the National Guard; 3)Got a DUI; 4)Allegedly was doing lines at Camp David while his Dad was running the show; 5)Screwed up a war and lied to America yet was re-elected and, according to him will get redemption in the end of times anyways based on his religion as I understand it.

    I try to not confuse "what is" and "what ought to be." There have been other public officials who have screwed up big time yet still get elected or re-elected. One more example: MARION BARRY!!!! To paraphrase from the infamous video -- C'mon, let me caress your breasts and gimmee a hit off that crack pipe. Redemption!!!! He got back in.

    If those two can make it back, so can this kid. With a little help from his friends.

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  74. If you want to hear about an elected officials potential DUI pullover, just ask the DUI officers from Pinecrest!

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  75. Am I the only one surprised that the cops took him in?

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  76. Utpal is a good guy who made a stupid mistake. KFR should have given him the same option to resign that she gave previously arrested ASA. The ASA that almost killed two people while he was drunk driving was allowed to resign weeks after he was arrested.

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