Tuesday, August 28, 2007

30 YEARS AND JUROR RENO

We received this comment, which we edited for this post. The full comment is under Monday’s post by the Captain.:


Dear all:

30 years for 2 checks.

I want to call your attention to a case that recently was before Judge Patrick Cavanaugh, a Circuit Judge in Baltimore County, Maryland. Judge Cavanaugh sentenced Andrew to 30 years in prison for writing two bad checks. Yes, you read that right. Before I discuss the case, I want to say that I am asking for five minutes of your time, and very minimal action which may save a young man 30 years of his life. Andrew Maurice Fisher is a poor 24 year old young black man in Baltimore. ..

Here are the relevant facts: Andrew has absolutely NO PRIOR CRIMINAL CONVICTIONS. He is, by all accounts a good, fun-loving kid. He doesn’t touch drugs or get in trouble. He is especially close with his family and helped to raise his younger brother who is, in large part thanks to Andrew, the first member of their family to attend college. There had been a rash of burglaries in the apartment complex where Andrew and his family live. The landlord mentioned to Andrew that they needed to install a security system, and Andrew, hoping to make a few bucks, volunteered to take on the project. The two checks written to the security company for equipment were not valid. Admittedly, we are talking about a lot of money…close to $20,000.


Andrew either messed up, or made a bad decision, but that is the extent of it. No one was hurt, maimed, violated, etc. In the midst of an otherwise wonderful life, this can in no way justify a lengthy prison sentence, no less one of 30 years. Andrew, wanting to make amends for the situation pled guilty to the charge. The Judge then launched him. He gave him the maximum amount of time on both counts consecutive to one another. At sentencing our wonderfully Just Judge made a comment that if Andrew could pay the money, he would let him out of jail. In other words, if he were wealthy, he would not be in prison. This is the basis of an ongoing appeal. 30 years for 2 checks.

Here is some perspective. In Florida, where I practice, the maximum sentence one can get for rape with penetration is 15 years…and Florida is known as a State with fairly draconian sentencing laws. This injustice must be resolved.So, what can you do?First off, quick e-mails to the Governor of Maryland, who is fairly progressive, are a good start. Here is the link
: EMAIL


I would ask everyone who receives this e-mail to at least do that. He is the only person with pardon and commutation power in Maryland, and enough e-mails may prompt him to review the case.

Rumpole says: The individual who left this as a comment appears to be a lawyer in Florida and did not leave an email address. We invite him or her to do so, so we can get more information.


However, this is an injustice that needs to be fixed.

We have constantly commented on the inhumanity of Judges and Prosecutors who toss around decades in jail as if it doesn’t mean much at all to spend time in prison. Prison should exist for violent offenders and violent repeat offenders. We cannot afford to warehouse everyone the Legislature believes should be in prison. Until the law changes we are forced to deal with these outrages on a case by case basis. This appears to be a case worthy of our time.


KUDOS TO JANET RENO

As the Herald reported yesterday, citizen Janet Reno, former State Attorney, former Attorney General of the United States, reported for Jury duty in our Justice Building on Monday morning. Just a guess, but how many other former presidential cabinet members ever report to jury duty as opposed to “pulling strings” to get out of it? None. But then, Janet Reno is not like most other politicians.


Once again, by her simple dignity, she has made us proud.

Thank You Janet, for being who you are.


See You In Court, where Ms. Reno could serve on our jury any time.

50 comments:

  1. rumpole
    are you a prosecutor? perhaps you forgot your alter ego rumpole's motto. "thou shall not prosecute."
    the REAL rumpole would never leave janet reno on one of his juries! pull you head out of the sky.

    ReplyDelete
  2. "On question 14, juror reno requests a sidebar"

    ReplyDelete
  3. Tuesday 5:49, you are a typical blog denizen,a dumb ham and egger inhabiting the lower levels of the criminal practice.Do you really need someone to interpret the obvious?

    We know your type we are not fooled and are easily recognizable.

    "You will recognize them by their tracks"

    ReplyDelete
  4. "I am really glad to see that somebody has finally acted on their primal impulses to mow down these idiots that pack up and block traffic in their tight pants. Last time I checked there were no license plates on their bikes, that makes them secondary to paying customers CARS ! They should not be allowed to clog roads and use only designated bike lanes where available. "

    Some idiot wrote that comment on the herald blog about the bike accident in Kendall.

    Read story here:

    http://www.miamiherald.com/news/breaking_news/story/218260.html

    Yes herald I like the blog after the storys nice touch

    ReplyDelete
  5. We're the weisman boyz
    And were here to say
    Rappin bout shumie makes our day
    We don't really know him
    And thats ok
    Cause our dad says
    Shumie is A-OK

    He drives a fancy car
    And he likes to yell
    He gives his secretary lots of hell

    His wife's on tv and is gonna hit it big
    Which means he can keep gambling and eating like a pig

    Thats our rap
    Now its time to go
    Tomorrow well do another rap
    And put on another shumie show

    (C) 2007 The Shumie Rap by the Weisman Boyz, v1.2, all rights reserved, sucka.

    ReplyDelete
  6. Everyone ought to write to the Maryland gov.

    30 yrs under those facts is gross and vicious. It hurt my heart to read that. Take 5 minutes and write.

    ReplyDelete
  7. Alan Ekuban Shuminer
    "Shumie"
    Bats right, throws right
    40 yard dash in 1 minute
    Yells a lot
    Projected: 4th round

    ReplyDelete
  8. gs
    wfmi
    cop
    ebay
    goog

    cost dollar average.

    be rich like brummer.

    ReplyDelete
  9. Weisman boyz, you need an agent?

    I want to sign you up.

    Record contracts
    Limos

    So Be bimbos. The world is yours if you sign with me.

    ReplyDelete
  10. I was in Judge Lindsey's court room Monday morning. She started calling cases for calender and the entire court room, police officers included, started cracking up when she called the case of Mr. Enrique Eglasias. He didn't show, but just hearing his name made everyone giggle.

    ReplyDelete
  11. Like night and day. Here in Dade County, $250,000 in 1st degree Grand Theft would probably end up in PTI or a conditional nolle prosse.

    We are a country of extremes.

    ReplyDelete
  12. Those bike people are a major pain in the ass in some places. They pass you while you are waiting at a traffic light, then clog up a full, if not 1 and 1/2 lanes riding side by side. Assholes.

    ReplyDelete
  13. wouldn't it be ironic if Officer Macias got molested by some Gort named Bubba while they are in custody together

    ReplyDelete
  14. The trialmaster is hereby SUSPENDED from this blog for 24 HOURS for trying to post a very mean and nasty post about a wonderful person.

    Ms. Overmann- I did not publish your comment because the individual who sent the email asked me to withhold his name and I am honoring that request. You speak with him and see if he changes his mind.

    ReplyDelete
  15. state v eduardo macias F07029193

    ReplyDelete
  16. We're the Shumie Boys and we want to respond
    to the Weisman rap about a song gone wrong

    they rap about our dad
    and he's a great guy
    if we see those thugs
    we will poke them in the eye

    we live in pincrest
    we have an angelic glow
    we're not south beach thugs
    hustlin for the flow

    our Dad's name is Shumie
    and you may like to rap
    but he's already told us
    he doesn't really give a crap

    so keep you rapping and your rhyme
    and drink your south beach wine
    or we may drive up from the south
    and kick your skinny behind.

    (c) The Shumie Boys, 2007.

    ReplyDelete
  17. Shumie,Weisman, ....zzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzz

    ReplyDelete
  18. The suspension stands. I'm not going to allow anyone to use that vulgar word to describe a friend and someone I admire.

    ReplyDelete
  19. It is hard to imagine that anyone, whether they agree with the policies set and followed by General Reno, would still feel the need to vilify this unbelievably dedicated public servant. Does anyone not acccept that she would have been a far superior governor to our dearly gone Jeb.

    Did things go wrong sometimes? Yes. Was she misinformed by those around her at times? Yes. Was she patient, understanding but ultimately challenged to stand up for the rule of law in "Elian"? You bet. In that case, did anyone doubt that it was going to end the way it did? No. Was that her fault? No.

    She is difficult, too much of a micro-manager and at times eccentric, but she has always stood and is still standing up for what she believed was right. I would rather have her than say .... Gonzalez, Ashcroft or Mitchell. Oh yeah and wouldn't you rather her now than KFR. Come on people, give the woman her due.

    ReplyDelete
  20. Rump:

    Shouldn't you first confirm that information is true and correct on the young man's BEFORE you ask us to act (especially where you cannot vouch for the source)!

    ReplyDelete
  21. The Officer Macias case will be prosecuted by some other office.

    The Miami SAO recused out.

    Reason: Mrs. Officer Macias is a SAO secretary at child support.

    I bet Broward or Monroe gets it.

    ReplyDelete
  22. who is Enrique Eglasias? why is that funny?

    ReplyDelete
  23. MAY I HAVE YOUR ATTENTION:

    The trialmaster is upset because he has been suspended from the blog for a day. He has threatened to take his ball and go elsewhere to play.

    Should I

    1) tell him to go soak his head?

    2) apologize and run after him begging him to return to the blog because we cannot live without his wonderful comments and perspective on the world?

    Let me know.

    ReplyDelete
  24. Tell the trial master to place nice or go play in another sandbox.

    ReplyDelete
  25. After I return from my 2 week trial in the northeast for which I'm getting paid 50k a week, I better be back on this stupid blog

    ReplyDelete
  26. FAKEtrialmaster has not been suspended.

    ReplyDelete
  27. Soak TrialMaster Soak
    Soak TrialMaster Soak
    Soak TrialMaster Soak
    Soak TrialMaster Soak
    Soak TrialMaster Soak
    Soak TrialMaster Soak
    Soak TrialMaster Soak
    Soak TrialMaster Soak
    Soak TrialMaster Soak
    Soak TrialMaster Soak

    SOAK

    ReplyDelete
  28. senator I demand you retract your comments now, now I said!

    ReplyDelete
  29. 10:23, Julio Iglesias has a son named Enrique Iglesias. He's also a singer and is the boyfriend of teenis player Anna Kournikova.

    ReplyDelete
  30. Suspend ALL trialmasters.

    ReplyDelete
  31. make it 24 years, Rump. Trialmaster is a jerk and I know...takes one to know one.

    CK

    ReplyDelete
  32. OMG I KNOW WHO RUMPOLE IS
    OR AT LEAST I HAVE FIGURED OUT A CLUE

    THINK OUTSIDE THE BOX

    What Box means something to us?

    A JURY BOX

    Who or what is outside the box?

    A CORRECTIONS OFFICER
    A CLERK
    A COURT REPORTER
    A JUDGE

    Rumpole, am I thinking outside the box?

    This clue was so simple, it was right in front of our noses all the time.

    ReplyDelete
  33. FAKE RUMPOLE SINGS TO THE TRIAL MASTER

    DON'T PULL YOUR LOVE OUT ON ME BABY

    Don't pull your love out from my blog baby
    If you do then I think that maybe
    I'll just lay me down and cry for a hundred years

    Don't pull your love out on me trialmaster
    Take my heart, my soul, my money
    But don't leave me drownin' in my tears

    You say you're gonna leave
    Gonna take that big white bird
    Gonna fly right out of here
    Without a single word
    Don't you know you'll break my heart
    When I watch you close that door
    Cause I know I won't see your posts anymore


    Haven't I been good to you?
    What about all those posts
    Doesn't that mean love to you?
    Doesn't that mean anything?
    If I threw away my pride
    And I got down on my knees
    Would I have to beg you, "pretty please"

    Don't pull your love out on me trialmaster
    If you do then I think that maybe
    I'll just lay me down and cry for a hundred years
    Don't pull your love out on me honey
    Take my heart, my soul, my money
    But don't leave me drownin' in my tears

    ReplyDelete
  34. Over the last couple of weeks, I have been reading the blog with great interest. My name is Joe George the head of the southern most regional conflict office. I am taking applications for young ambitious lawyers to fill positions as "regional pit lawyers." If anyone is interested, please forward your CV to my branch office at,
    Anthony Abraham(Pre Owned)
    14321 South Dixie Hywy
    Miami Florida, 33156

    ReplyDelete
  35. What an great world we live in. My Texas Attorney General runs to the court house to quash a jury subpoena for me so I don't have to disclose my two DUI convictions and the PTI for cocaine while I stand outside and talk about how great it is to serve.

    Janet Reno takes heat!

    What a country!

    ReplyDelete
  36. 9:06. Take a bow. You, my friend, "think outside the box." Now I'm not saying you are correct,however I will reward you for thinking about something no one else has. Send me a private email, and I will send you a juicy clue, just for you.

    HR.

    ReplyDelete
  37. judge young is now on larry king tune in NOW!!

    ReplyDelete
  38. LETS DO THE HONORABLE THING HERE FOLKS..SOMEONE WHO MAY KNOW THOSE JUDGE'S WHO HAVE RETAINED ONE SAID CONSULTANT NAMED ROBERT LEVY PLEASE LIST THEM AND THERE YOU HAVE THE CANDIDATES WHICH MUST BE "OUTED" AND BOOTED OFF THE BENCH...

    YOURS TRULY,

    THE ANTI-LEVY CAMPAIGN

    ReplyDelete
  39. Good Afternoon and welcome to the Office of Conflict Counsel. I am glad to see such an experienced and diverse group of applicants. Heading our word processing division is Caesar who handled invoices so well at Anthony Abraham chevrolet. We have Charlotte as our receptionist after a short but distinguished career at AAA escorts after she anwerered our phones for 4 years, glad to see you back behind the switchboard. Heading up our library will be Jonathan, as you recall he bought 4 cars from us and has an AA degree which he obtained after retiring from drug dealing which is how he bought the 4 cars from me, this after all is Miami. As of yet we have no attorneys willing to handle the most difficult cases that the PD does not want so I will be hiring as paralegals convicted felons, preferably excons because they have a lot of criminal experience, especially ones who drafted long rule 3s. OK, lets go get them and make me proud. Oh, one more thing, is the criminal courthouse the one near JMH or is it the one near the downtown MDCC, I always get the two confused.

    ReplyDelete
  40. Let's have a one day post dedicated to the following:
    Who is the most overrated and underrated defense attorney and prosecutor in the courthouse?

    ReplyDelete
  41. I assume 2:15 is woefully underrated, so instead of trashing people, lets just get your name and tell everyone how great you really are.

    ReplyDelete
  42. I am re-posting my comment in response to 11:52:

    If you want to know who has hired Bob "The Scum" Levy, all you have to do is check the Miami-Dade County Election Department filings or the Secretary of State filings to see the expenditures reported by the declared candidates. Levy operates under "Levy and Associates". The usual check is $5,000. That was different for a couple of election cycles when he was working with Al Lorenzo and the money was going through Al's company "Get Out the Vote, Inc."

    The idea that judges and candidates hiring Levy should be "outed" is a a good one. The public should know and so should lawyers who are solicited for contributions. If those using his services were told "no money as long as you use Levy", watch how fast his business dries up.

    It is not that the others are good. It is just that he is so evil. Can't get rid of all of them at once. But Levy is a great start.

    ReplyDelete
  43. Only in Florida:

    TALLAHASSEE -- An ''unprecedented'' ethics case that has exposed a rift in one of Florida's most important appeals courts came before a Broward County judge Thursday.

    Circuit Court Judge Paul Backman must now consider whether or not to keep intact charges against First District Court of Appeal Judge Michael Allen.

    Allen came under fire for blasting a fellow appeals judge in a June 2006 legal opinion. Allen suggested in that opinion that Judge Charles Kahn should have recused himself in a bribery case involving former legislator W.D. Childers.

    Before he was appointed to the bench, Kahn was a law partner with Fred Levin, who represented Childers in his appeals case.

    Bruce Rogow, an attorney and law professor at Nova Southeastern University, asked Backman to drop the charges against Allen, saying it was an ''unprecedented situation'' to have a sitting judge charged based on what he wrote in a legal opinion.

    Rogow said any charge against a sitting judge must contain evidence that the actions warrant removal from the bench, even if that ultimately is not the penalty imposed by the Florida Supreme Court.

    ''The mere publication of that opinion does not demonstrate a present unfitness to hold office,'' Rogow said.

    But Wally Pope, the lawyer representing the Judicial Qualifications Commission, disagreed, saying Allen's criticism of Kahn undermined the judiciary overall and suggested Kahn was corrupt. Pope pointed out that no one had previously asked Kahn to recuse himself in the case and that Allen was relying on information from newspaper articles about Childers and Levin that could not be verified.

    After listening to both sides, Backman said he would issue a written order on the motion to dismiss the charges ``as quickly as possible.''

    Childers was convicted of bribing a fellow Escambia County commissioner and sentenced to 3 ½ years in prison. By the time his case reached the appeals court, the key witness in the case was found dead underneath his house. A medical examiner concluded that Willie Junior had been poisoned by drinking antifreeze, and his death was ruled a suicide.

    Kahn and another appeals judge had initially planned to reverse the conviction -- but before that could happen, the entire First District Court of Appeal voted to take up the case. In June 2006, a divided court voted 10-4 to uphold the conviction against Childers.

    ReplyDelete
  44. Levy is a great guy. Very talented and if he was not good at what he does no one would libel him.

    Anyone who does not use Levy will most likely lose as Levy only takes on campaigns he knowns he can win.

    So for all the losers who cant get Levy to work for them get over it!

    ReplyDelete
  45. The most underrated attorneys would be attorneys on the wheel assigned the most complicated cases who achieved excellent results. Since this blog is anonymous the most appropriate person to rate criminal defense attorneys are prosecutors and judges, and the ones to rate asas are defense and judges and Judges; ask yourself, who file motions you delay hearing and who do you have to consult with other judges about their motions and trial objections, be honest. I nominate as an underrated ASA Carin Kagen, overrated Laesar and Waxman. Defense; overrated Jason Grey,David Marcus, Joe Rosenbaum, Simon Steckel, underrated David Alschuler, Dan Lurvey.

    ReplyDelete
  46. Abe Laeser is not underrated. Anyone who would say that has NEVER tried a case against him. Perhaps you have never tried a case period. Karen Kagan is a lunatic and should simply never be rated anything accept a first rate ..... Seriously, she needs a electro shock therapy.

    ReplyDelete
  47. seriously overrated: Jason Grey and his pretty boy partner.

    ReplyDelete
  48. underrated......Rick Hermida who gets excellent results in federal trials.

    ReplyDelete