THE CAPTAIN REPORTS:
WHAT IN THE HECK IS GOING ON IN OUR COURTS???
The Miami Herald is reporting today on a story that, if true, is simply mind-boggling. Where shall we begin: with the prosecutor or the Judge?
THE SETTING:
The courtroom of esteemed jurist Beatrice Butchko. She a former prosecutor for 11 years and 2006 Bush appointee to the Circuit Court. She is up for election for the first time in Group 77 of the Circuit Court.
THE PROSECUTOR:
James Angelo Demiles, a member of The Florida Bar for two and one half years and an Assistant State Attorney working for Ms. Rundle.
THE DEFENDANT:
Dondrick Lowe, age 20. Here is what you need to know about him: he's black.
Picture the following:
The defendant, black, sits quietly at the defense table watching his Armed Robbery trial unfold before the jury. The case is being held in a courtroom open to the public, just like all the other courtrooms throughout the Gerstein Justice Building and all across America.
Suddenly, in walks a nine year old boy with his father. Dad, Arthur Jones, is an Assistant Public Defender. Dad has decided to show his son Marquis (who is black) what Dad does for a living and what a courtroom looks like. The two enter the courtroom and sit in the gallery - on the side that is behind the defense table.
Up jumps Mr. Demiles. 'Oh no, Judge, they can't sit there'. 'Why, the jury might think that 9 year old Marquis is the son of 20 year old Dondrick Lowe.' (you can do the math - apparently Butchko and Demiles skipped that class).
Butchko, an adjunct professor at the University of Miami School of Law, teaching pretrial civil litgitation, bangs her gavel and then points it at Marquis. 'You, young man, are hereby to be removed from this courtroom'.
Arthur and his son promptly get up and leave Judge Butchko's court. Lowe was left to fend for himself with 'only' his attorney by his side - they wouldn't be able to use "juror sympathy" - by having Marquis pose as the child of poor ol' Dondrick.
In a letter to the Miami Herald, Arthur Jones stated: "even if my son was the defendant's son, there are reasons both legal and logical which he be allowed to stay in the courtroom". "Her order's precedence would be that no African-American child is allowed in the courtroom during the trial of an African-American defendant".
Sometime thereafter, a bright sign started flashing in Butchko's chambers. It said. "Go to UM Law School and take the Con Law class". "Then read the constitution". Or, at least I hope it did. The Herald reports, that the Judge did apologize in front of a packed courtroom to Marquis, his father and several APD's that work with Mr. Jones. "When I found out your feelings were hurt, (she said to nine year old Marquis), and that I made you feel unwelcome here, I felt terrible". "I'm very sensitive to all kinds of diversity conscious issues." Obviously, Butchko had had an early morning breakfast with her mentor, Judge Rothenberg, and the elder jurist made her see the light.
People, this "story" is amazing - mostly because it is true. That it happened in 2008, a few days removed from the 40th Anniversary of the assassination of Martin Luther King, Jr., speaks volumes about how far we still have to go before the courtrooms of America and the criminal justice system can truly be called a fair and open place where we seek justice for all citizens, regardless of their race.
Oh yeah, by the way, Lowe was acquitted of the armed robbery charges, without any help from little Marquis.
CAPTAIN OUT ............
Both the Captain and I were thinking along the same lines. I'm leaving his post up, and putting the highlights of mine here:
ReplyDeleteSAVED!
Just when we’ve resigned ourselves to a weekend of scorn and ridicule for putting our foot in our mouth, comes news we’ve been saved!
Yes, a dear robed reader along with an Assistant State Attorney have teamed up to take us off the front pages of the local “stupid
and insensitive” report...
Second: Judge Butchko would do well to stop attending those sensitivity training seminars given by her breather North Of The Border. While her actions in this case would have earned her the “Dale Ross” merit badge, she should have known better.
Third: Let’s give credit where it is due. Judge Butchko apologized to the young boy, and that was the right thing to do. We believe her apology that she did not want the young boy to ever feel unwelcome in her courtroom was heartfelt. Well done.
Fifth: It appears both the defendant, the young boy, and his father are all African American. We do not think this is about race. If all the participants in this little comedy of errors were white, we probably would have the same thing going on here. This is not about race, but pandering to prosecutors. That being said, the assistant public defender as a father and black man was forced to speak to his son about things he perhaps had not wanted to do until a later time. Nothing can be worse than for a son to see his father challenged. And an unfortunate public incident involving a man and his son who happen to be black brings back memories of a time when this type of thing was all too common, especially in the south.
PS. Memo to the pd. Obviously this was a very serious incident that traumatized your son and we do not make light of it. But in the future, when a robed reader acts up (and they always do) drop us a line as well as the Herald. That’s the whole purpose of this blog.
pss. Memo to the Herald. We can't find this story anywhere on your "user friendly-not" site.
Second, third, fifth, Rumpole? Glad you're a lawyer and not an engineer.
ReplyDeleteOk - - - so how about Mario Garcia switch seats and run against Butchko or maybe Jorge Cueto against Butchko? Her Honor seems to have a penchant North of the Border (Broward) antics, and suffers from for foot in mouth syndrom. Perhaps one of the other judges can take her under their wing. Lets take a poll and suggest to her Honor that she spend time watching any of a number of judges who treat folks with respect and perhaps she will learn how to treat those in her courtroom. Rump, how about you conduct a poll on who is considered the most pleasant and respectful judge and who is considered as the most unpleasant and discourteous, could prompt some improvement in an election period. How about it?
ReplyDeleteThe only thing worse than a baby ASA who requests that a black child move or leave a courtroom b/c the defendant is black is a judge who actually grants the request. I mean c'mon. What could the judge possibly be concerned with? That the State was going to be prejudiced by the fact that a child was sitting in the audience? A request like that would have been laughed at by Judge Pineiro, Blake, Diaz, Prescott, Lopez, Leesfield, Reyes, etc. Instead, she not only didnt laugh at the request, she granted it.
ReplyDeleteThe only thing worse than a baby ASA who requests a half a million dollar bond on a guy with 90 pills in his possession is a judge who actually grants the request.
But the judges that took a pounding this week on the blog and in the Herald need not worry much longer. Although your horrible actions and inactions have been widely publicized this week, you will both get no opposition and will be re-elected for another term. Your crusades to continue as "ASAs from the bench" shall march forward to 2014 and beyond.
And before anyone labels this post as some writing from a flaming liberal APD, please stop. Instead, I'm a former ASA who loved my time with the State, but is truly embarrased by the current state of the criminal bench and SAO.
Do you really believe the actions of the prosecutor were not racist? Why else would the ASA object other than racism? I wonder if that same asa has asked for family members to be removed from all of his trials? When I was an ASA , there were always family member with children present. Since I was secure enough to know that the facts of my case spoke for themselves. The ASA has to either be stupid or racist or both . Either way maybe he will be rewarded with a dc position as I am sure this incident will surely be rewarded . As for the judge , I agree that she was pandering to the state as usual . What a shame that in this day and age racism is still alive and this child will carry the memory of that day for the rest of his life .
ReplyDeleteBy the way I practice primarily in Broward where the ASAs are pretty young and stupid but would not stoop this low in a bid to win .
The ASA and Judge Butchko should both be ashamed of themselves to say the least. When I was an ASA, I brought my son in to see what dad did for a living. The judge (a fine one who shall remain anonymous) even let him sit up on the bench and talked with both of us for about 15 minutes after he was done. My daughter will soon get the chance to see what dad does for a living (even if he is not in criminal court much anymore).
ReplyDeleteOne of my high school classmate's father was a judge (not in Miami). In 9th grade my whole social studies class went and watched him "in action" for a morning. He then had lunch with us afterwards and explained how things worked, why he issued a certain sentence, etc. I still remember this as a very informational day that had more than a little to do with my career decision.
Finally, even as an ASA, I never had a problem with defendants' family members being present in the courtroom. In fact, I expected it. All I asked was that they not try to influence witnesses or the jury--obvious things. I tell my current criminal clients to bring family members and ask that they follow the same rules.
Come to think of it, both the ASA and Judge Butchko should be disciplined. While I give credit to Judge Butchko for apologizing, last time I checked courtroom were public in virtually instances (save for certain juvenile and family matters). Unless this involved a very sensitive matter, such as a child victim testifying, or the APD and his son were disruptive, Judge Butchko had no reason or authority to order them out of the courtroom.
To think Judge Butchko is a racist is patently ridiculous. She is owed an aopolgy for that Herald article
ReplyDeleteUnderstand something, when Terry Chavez speaks as a spokesperson for the SAO, her words and thoughts are supposed to be those of the SAO.
ReplyDeleteSo Terry, when you say the courtroom is not an appropriate place for young children, can you please advise Leon Botkin what this means to the juvenile division?
MORON!
Dear 2:37- taking a cheap shot at ol'Rumpole when he's down huh? I tried to clearly write that I had written a post, allowed the Captain's to stay on the main page, and was "putting the HIGHLIGHTS of mine here."
ReplyDeleteThat is what ellipsis are for...
Betty Butchko has always been a considerate Judge to everybody before her. She is hardly a mean, chastizing Judge.
ReplyDeleteAt least with me, James DeMile has always been a reasonable, affable and professional prosecutor. He is not a meathead.
I could see, in an adverserial system, where everybody is trying to win, sometimes things can inadvertantly get out of hand.
That being said, if someone did that to one of my kids, I would have to kick somebody's ass.
The father of that child showed real class (something that I would not have) in not getting hoistile with all parties involved.
Arthur Jones really handled this like a champ. I am sure his son will be fine with a father who handles situations with so much calm cool reason.
ReplyDeleteButchko needs to go. This is inexcusable.
James DeMiles is usually a pretty decent guy. This seems like an aberation.
Rumpy- by banning children from her courtroom, has Betty "the banner" Butchko fallen in the blog draft? I mean no one will want to draft Fake Butchko unless they want a blogger who writes "HEY YOU. YEah, you with the little kid. GET OUT. NOW."
ReplyDeleteNo way she gets drafted in my opinion.
RE: Betty "the banner" Butchko
ReplyDeleteWWSS?
what would shumie say?
Gentlemen:
ReplyDeleteApropos of nothing, I got a kick out of reading your Top Ten DUI List. I know you are all Miami attorneys, but if you got busted in Tampa, who would you call?
Here is a new way to look at this: What if the child was related to the defendant? Would he have been allowed to stay in court then? Or would the Judge still have chucked him out?
ReplyDeleteThe Q. He's feared here. He's feared there.
ReplyDeleteHe' feared everywhere. He's the Q.
Respect the Q
Fear the Q
Close your eyes.....become the Q.
Anybody gonna file a JQC complaint on the "banner"?
ReplyDeleteTo All ASA in Paulus Division:
ReplyDeletePaulus Division will be prioritizing the follwing crimes.
(Note: Paulus Division will not allow waiver or minimum sentences, all cases will be tried with maxium sentences requested).
1. Jay walking.
2. Pot residue (request no bond).
3. Watering lawn during daylight hours.
4. Refusal to sign traffic ticket.
5. Failure to pay metro rail fare.
6. Tinted car window(alert all pit supervisors immediately).
7. Broken tail light.
8. Skipping school (request to waive as adult).
9. Expired parking meter (alert KFR before proceeding to trial).
Judge Butchko apologized. She readily admitted that she made a mistake. JFK did the same thing after the Bay of Pigs. Please give her some credit. I know personally that she feels bad about all of this and I'm confident that she's learned a great deal from it as well.
ReplyDeleteWhile the prosecutor was insensistive, stupid, and possibly racist, the blame falls squarely on Butchko's shoulders. The judge is supposed to be the cool, calm, and moderating participant in courtroom proceedings. As hard as it is to believe what she did, is the speed with which she rubber-stamped and exceeded the prosecutor's request. Her reflexive reaction to the prosecutor's supposed concern without the slightest reflection on the effect of her decision is extremely troubling. She needs to remember, or be taught, that she isn't an adjunct ASA who just happens to wear a robe.
ReplyDeleteTo fairly add to the list of judges who would never tolerate that State request or behavior, Judges Rodriguez (Rosa), Emas, Tunis, Schlesinger, Wilson, Ward and many others would NEVER tolerate or react as has been described on this blog.
ReplyDeleteDear Judge Butchko,
ReplyDeleteThanks for taking the the heat off me.
Judge Jackie Scola
P.S.- I think there is case law that says you can still sentence a defendant who has been acquitted of a crime if the State did not get a fair trial because of audience interference. It is similar to fan interfernce in baseball. Plus, even if the defense appeals, Judge Rothenberg will probably affirm you.
Judge Thomas should be added to that list.
ReplyDeletePlease recall my comment at 8:23. Thank you
ReplyDeleteJudge Butchko is arrogant and undoubtedly certain she is smarter than everyone, truth be told, she's not very smart. While she might hold her own in criminal court, her arrogance and aloofness will get her nowhere in any other division, she was terrible over in Juvy.
ReplyDeleteAnd phony as the day is long, so don't buy that her apology was from the heart.
I have known Betty Butchko since she started at the State Attorneys office, when she was known as Betty Avgarino.
ReplyDeleteI do not believe she has a racist bone in her body. To suggest otherwise on the evidence here is ridiculous.
I did not witness the event in question, but no one seems to question the fact that she apologized to the PD and his son. You know what that shows me? That unlike many Judges, she is not afraid to admit a mistake, and she is not afraid to say so, in public, and from the bench. That means something here.
We all have difficult jobs, Judges included. Things move fast at times during a trial. The test of her fairness is not whether she made a mistake. She did, as we all do. The real test was what she would do about it. She passed that test with flying colors and I am certain she will not make the same mistake twice.
Phil R.
8:22, ANOTHER BLOGGING JUDGE
ReplyDeleteI don't think Butchko is a racist - she's just stupid, or at least had a real stupid moment. She apologized, regardless of how heartfelt it actually was.
ReplyDeleteThe bottom-line is that she was called out on it in the Herald, this blog, etc, and she'll always be branded as an idiot/unconsitutional/racist judge. Someone may run against her and somehow this issue will come up. Won't be the last time a judge screwed up royally, either personally or professionally, and we criticize them for a about 150+ posts.
What I want to know is about this idiot ASA. Does he complain about anyone and everyone who appears to be in the defendant's cheering section? Is he a racist? I'm assuming he's not black or else that would have made its way somehow into the article. What's the low-down on him? And please don't blame it on KFR -- it sounds like this 2+ year lawyer will have to shoulder this one himself.
so is it ok then to have the defendant's babies in court with their mothers? isn't that what court care is for?
ReplyDeleteI don't for a second think that apology was as genuine as she portrayed it to be. If she wanted it to be genuine she would have called the kid and his father the same day and made the apology. No, instead she waited until everyone in the courthouse had heard about it and she had an audience.
ReplyDeleteSomeone please run against her.
I agree, Terry Chavez's statements were ignorant. Young people, should be taken to court by their parents and mentors. Supreme Court Justice Thurgood Marshall was exposed to the courts by his father at an early age. Marshall's father took him and his brother to observed court proceedings. His brother became a surgeon.
ReplyDeleteI guess Arthur Jones is going to find another line of work as embarrasing judges isn't the smartest way to further your career. Same goes for his co-workers who stood with him. Maybe they all took the defendant to dinner afterwards.
ReplyDeleteNow lets see if the judge that let the 27 time ex felon Evans out of jail to beat, rob, and shoot an innocent fruit vendor on the side of a busy road will apologize for that act of "sensitivity".
ReplyDeletehi ruppie-you probably wont print this item either because you and the rest of the so called intelligencia are just apologists for the "fair and impartial jurists that sit in the Gertsen Building-the comment made by Judge Butchko was racist and you and others can spin it any way you want -telling a black man and his son that they cant sit in the courtroom because it might evoke sympathy for a black defendant on trial is a disgrace - and doesnt this so-called learned jurist know of the 6th amendment and the right for people to be in a courtroom-what does that man tell his son when his son asks why did we have to leave-this is just another example of the racism that exists in that building -i told you about the comments by Judge Leban -bet you never checked on it -we have Judge Newman making a decision in a trial and musing about how that decision would effect his electability-and now another racist comment by Judge Buthko-shame on you Rumpi-shame on you -but i forgot -this is the South -lets see if you have the guts to print this -ta ta G....
ReplyDeletehaaurmp....(chomp chomp) I think the simple solution in both these cases would have been a well earned continuance. The state got lessers in the drug case and lost the robbery case. (Chomp chomp) So they would have been well advised to continue the matters and worked the cases out. harrumph.
ReplyDeleteWhy are people claiming that Butchko and the ASA are racist? I'm pretty sure the same thing would have happened if it was a white child and a white defendant. Or a Hispanic child and a Hispanic defendant. Or an Asian child and an Asian defendant. It was stupid across the board and would have happened regardless of race.
ReplyDeletei thought terry chaves was the mental health woman/ she speaks for KFR? are they running a sao or a circus over there??
ReplyDelete6:04 am, you should sleep in.
ReplyDeleteThe judge's apology, whether sincere or not, at least recognizes that she was wrong.
ReplyDeleteI am more concerned about the SAO's response. Instead of acknowledging that "mistakes were made," it continues to rationalize the ASA's actions by saying that children do not belong in the courtroom. I always found Terry Chavez wise and sensitive, but her comments in this instance are problematic.
My 6th grade class took a field-trip to the courthouse. According to the SAO, my teachers and principal were engaging in inappropriate conduct in bringing us there.
Who was wrong: a father bringing his son to observe government in action, or an ASA who requested that a child be removed from court because the child shared the same skin color as the defendant?
The SAO needs to practice what it preaches and take responsibility for its mistake.
To 9:10 a.m., who is "pretty sure the same thing would have happened if it was a white child and a white defendant ...", the truth is NOT IN A MILLION YEARS !!!
ReplyDeleteEven "good" people (and I express no opinion on whether the judge and asa are "good") suffer from "unconscious racism" (Google it if you have slept through the last 20 years), and a clearer example of this escapes recent memory.
There is no excuse, legal, moral or ethical for what happened here, and those of us who try to deny or minimize the incident are part of the reason why it will probably continue unchecked ...
An innocent 9 year old was injured due solely to his race by a system that likes to "pretend" it is colorblind. LET'S JUST ADMIT IT AND VOW TO DO BETTER.
Did the defense attorney's object to the State's motion? Was there argument before Butchko cleared the court? Because if the answer is yes, a lot of the posts on here are commenting on the wrong set of facts... as usual
ReplyDeleteButchko was always very nice to the African American community at the SAO.
ReplyDeleteT-o 9:45 am What african American community at the SAO? The cleaning staff, the secretries or the 5 ASA that worked there? Maybe the homeless guy outside....
ReplyDeleteThis Judge is nuts... and yes she is racist. On more than one occassion she has referred to a black attorney as a social worker, even after being told the person is an attorney. She is rude and nasty. Her actions are inexcusable. I dont give her any kudos for apologizing. She was obligated to do so after she made that stupid ruling. She needs to think before she reacts.
ReplyDeleteTerry Chavez put her foot in her mouth. It is ashame that the state attorney has made this woman their spokesperson. I guess it reflects the stupidity of their leader.
Jim DeMiles is a decent and fair state attorney. I have worked with him on several cases (with black defendants also) and he has always been the epitomy of a good ASA. Sometimes we do things in the heat of battle that we wouldn't do if we had time to reflect.
ReplyDeleteThe story is here.
ReplyDeletehttp://www.miamiherald.com/519/story/493581.html
This turd is on Butchko's bench! From Webster, with my emphasis: "Judge, n. one who is COMPETENT to hear, evaluate and decide upon the merits of a case BASED ON APPLICAbLE LAW"; Butchko, not the ASA ejec-ted Marquis- in a conspic-uous failure of judgment. She doesn't grasp that her imperative as a judge is to apply the law. Her claim of sensitivity to diversity is judged not by her intentions but by her actions which here reveal fundamental insensitivity. Public opinion is formed by perceptions, and to many, this does not pass the smell test. Butchko's apology is noted but it's devalued by the enormity of her error."Oops" isn't enough. KFR...Disciplinary action is in order!
ReplyDeleteMr Saul: Your opinion that "Butchko is "always considerate ofeverybody" is hardly a consensus! There are many reports of injudicious behavior that reveal her intemperate dis-position- ill suited to her role. Evidence of her thoughtful or objective decision-making is often lacking. I won't charac-terize anyone as racist, however, it seems that even rudimentary intel-ligence was exercised here.
There's time to challenge Butchko for this seat. Step up people. Chavez's comments are also an opinion...a deplorable embarrassment and yet another colossal failure to one's role! KFR, are you paying attention here?
Mr. Jones...you've got big ones! Calling attention to this reveals your courage and integrity, surely the most important lessons here for Marquis. Good luck in your career in the SAO! Teach Marquis to "Take it from whence it comes"... updated to
"If it comes from an ass-hole it's always crap." (Dont rip me off readers! Im copyrighting this for a bumper sticker that'll probably make more money than Ill ever see in public service.)
She Who Must Be Obeyed