CHANGES

Ever wonder what that group of stressed out lawyers were doing running from 6 to 5 to 4 to 2 every Wednesday? They were doing County Court soundings.

The soundings were introduced several years ago and touted as a time and money saving system. "Just give it a chance" they said.

Now they have a new time and money saving system. NO SOUNDINGS. "Just give it a chance" Judge Slom says.

Soundings will no longer happen for any case except DUIs. If you want to get a non-DUI case continued or accept a non-enhanced misdemeanor plea, you will need to take these 11 simple steps.

1) Call The Judge's JA.

2) The JA says "fax a motion."

3) Write and fax the motion.

4) Call the Judge's JA.

5) The JA says "fax a motion." You tell her you did.

6) You re-fax the motion.

7) Call the Judge's JA. Out to lunch. Leave a message.

8) Call the Judge's JA. The Bailiff answers. The JA is out sick. You explain what you want. The bailiff says "fax a motion."

9) Go to Best Buy and buy a new phone because you just smashed yours in frustration.

10) Call the Judge's JA. You glance outside and see it's a blue moon, so the JA answers after only 16 times. The JA sets the motion for two weeks after the trial date before which you are trying to close out your blasted traffic case that you have long since cursed the day you ever agreed to do it as a favor for your sister's cute friend. You tell the JA you need the case set before the trial date. The JA scolds you for waiting until the last minute. You glance at your phone and decide you don't want to go back to Best Buy and you take a deep breath. The JA finally sets the matter the Friday before the trial date.

11) You show up and....you guessed it- not only is the case not on calendar but there is no calendar because the Judge is on vacation and will return Monday.

You see? 11 easy steps in Slom's world after soundings. Have fun you County Court lawyers.

SPEAKING OF DUIs:

We have it on very good authority that PTI will be offered for DUIs under certain conditions- the driver must have provided a breath sample and it must be under a certain number, which may be .14. This is all about money folks. Follow the money. Watch how much the SAO agreed would be paid to various groups so they would endorse this program. The DUI cops who make so much in overtime on these cases are one of the big losers. Query: If PIT and a subsequent nolle prosse will be a standard disposition, how will the state ever seek jail after a conviction on a first offense?

BEN KUEHNE SAYS THANKS

BENEDICT P. KUEHNE
In Grateful Appreciation of the
Overwhelming Community Support of his Innocence

Invites the Community to his
APPRECIATION RECEPTION
On the Occasion of his Vindication

Sky lobby
Bank of America tower
100 S.E. 2nd Street
Miami, Florida 33131
Thursday, December 10, 2009
5:30 p.m. – 7:30 p.m.
RSVP to: RSVP@KUEHNELAW DOT COM.

ASA RICHARD SCRUGGS GRILLED ON CROSS.

Richard Scruggs is an ASA and a former Fed.

Defense Attorney Michael Tein is a former Fed now representing a defendant before Judge Butchko.

Tein got to cross examine Scruggs. Here is the New Times article.

Scruggs looked bad on the stand. For an allegedly sharp trial lawyer, he has a woeful memory and poor command of the facts of his case, often answering "I don't remember" and "I don't know" during his testimony on what has turned into a Defendant's Motion to Dismiss.

Most former Feds find life as a State Court Prosecutor too tough to handle. They hate the relatively level playing field and are frustrated by the discovery rules that actually allow a defense attorney to question a State Witness before trial.

Current Assistant US Attorney Richard Gregory made a brief appearance as an ASA in the early 1990s. He lost something like two of his first three cases, and promptly beat a hasty retreat back to Federal Court where he had the safety of a case agent sitting right next to him and holding his hand throughout the trial.

23696310 Gaston Smith Transcript