Monday, June 07, 2010



Good morning. Today is June 7, 2010, the start of the second REGJB trial week in June.

For those of you following the "Baby Lollipops" re-trial, the trial starts next Monday - June 14, 2010 before Judge Reemberto Diaz. The trial is State v. Ana Maria Cardona, and the young boy who was murdered was 3 year old Lazaro Figueroa. Edith Georgi heads the PD defense team.

66 years ago today Allied soldiers in Normandy, France had moved inland off the beaches of Normandy and the vicious "hedgerow" fighting that would mark the second phase of the invasion would begin in full force. In Ste. Mere-Eglise, which had been taken by the 82nd Airborne in a nighttime drop on June 5-6, the Germans counterattacked with mortars. From the WWII history website on the counterattack:
Pvt. Jack Leonard of the 82nd was in a foxhole that took a direct hit. His stomach was blown away. His last words were, "God damn the bastards, they got me. The hell with it."

Perhaps the fiercest fighting of the day was at the La Fiere bridge and causeway over the Mederet River. The Germans needed the bridge to counter attack the landings at Utah Beach, and the Americans needed the bridge to move armor off the beach and sweep through the Cotentin Peninsula and eventually to the Port of Cherbourg. The 82nd held the bridge; the Germans, about 400 meters to the east held the small town of Cauquigny; and 400 meters east of Cauquigny 100 paratroopers of the 507th PIR regiment under the command of Lt. Colonel Charles Timmes took up a position in a fruit orchard destined to be known as "Timmes' Orchard." To the east of Timmes' position was nothing less than the entire 91st Luftland Division heading to secure the bridge at La Fiere. This was the stage for the savage attacks and counterattacks that began on June 7 1944 and lasted for the rest of the week. 82nd Airborne Lt. John J. Dolan gave this famous message to his men when ordered to hold the bridge: "I don't know of a better place to die." When it was over, the Americans held the bridge and the causeway and the reinforcements flowed over the Mederet River into France.


Florida's 382 mile stretch of I-95 is the most deadliest highway in the nation, with 1.73 fatal accidents per mile from 2004-2008.

In case you missed it over the weekend, here is the Scott Rothstein "I can't believe I was so stupid and greedy" letter to Judge Cohn. The letter is on Scribd courtesy of The South Florida Lawyers. And not to be outdone, since Fed Court is his milieu, David O Markus with a K posts the sentencing memo filed by Rothstein's attorney here.


Last week on the FACDL listserve, Broward Attorney Talitha Leacock posted a question seeking advice on a warrantless search of a vehicle. Ms. Leacock wrote, inter alia,

Specifically, I am looking for the following:
(1) Recent caselaw on point that states searching a vehicle subsequent to a traffic stop, absent consent or any other exception to the search warrant requirement, is unlawful and any evidence seized should be suppressed.
(2) Recent caselaw on point that states stopping a vehicle for a traffic stop, observing a clear plastic cup full of liquid, and a Defendant admitting to having a drink of alcohol after work is not sufficient to search a vehicle without consent or other exception to the search warrant requirement and any evidence seized should be suppressed.

Enter famed Miami Appellate attorney Nancy Wear who, drawing upon her years of legal experience wrote this email, reprinted in its entirety here:

Nancy Wear

to Talitha, FACDL-Miami
Here is my guidance: Open a Law Book!!! Italic

Whereupon the floodgates of "can't we all get along?" emails ensued as FACDL members rushed to take up various sides of the contretemps.

Eventually Jude "The Hammer" Faccidomo, FACDL Treasurer and Sergeant at Arms, took time out from his busy day to send this email from his I-Phone:

Please do not respond to Ms. Wear or Ms. Leacock. This issue will be handled off-list.
Jude M. Faccidomo, FACDL Treasurer
Sent from my iPhone.

And with the Faccidomo sitdown pending, that ends that.

THE WEEK AHEAD: Speaking of the FACDL.....

There's a changing of the guard at the FACDL in Orlando this week, as our own Brian Tannebaum takes over the presidency of the statewide organization. Congratulations to Brian!
Brian's platform for his candidacy was a promise to focus more on dues and meetings. Just kidding. The FACDL does a lot more than that- and hopefully someone will write in and tell us what it is.

UPDATE: And shame on us for neglecting to report that our own Barry Wax is being installed as Treasurer and Sergeant at Arms for Statewide FACDL! Congrats to Barry as well.!!!

Just like President Obama had the banking crisis to deal with before actually taking the oath of office, Mr. Tannebaum has the "Wear/Leacock" crisis to occupy his time before being sworn in.

UPDATE!: A presidential memo- Brian Tannebaum responds to the "Wear" crisis, in the comments section!

Well, that's enough for any Monday. We're back in town after posting a surprisingly respectable time in the Susan Koman Race for the Cure DC run.

See You In Court. We're the ones looking just a bit fitter these days.


brian tannebaum said...


As a big fan of local control, I think I'm going to sit back and watch the fine folks who lead FACDL-Miami handle this "crisis." They've got Jude in control of this, and anyone with a name like "Jude," is someone not to be toiled with. I just hope he can take this sad song, and make it better.

Part of my platform this year is to get at least 3 more people to realize that there's FACDL, and FACDL-Miami. Maybe I'll concentrate on capping the leak in the Gulf, probably have better luck. I do appreciate that even though I was president of FACDL-Miami a while back, people still bitch to me about the copy machine on the 9th floor, and ask if I can resolve various issues like that security guard who screams "LICENSE AND BAR CARD" before you get out of your car in the parking lot.

I appreciate the mention and look forward to seeing the over 250 attending this week's annual meeting in Orlando.

Now, does anyone have any case law on the 4th Amendment? Email me.

Anonymous said...

Thank you for the D-Day plus 1 post. My dad was a D-Day vet. It is nice when people observe perhaps the most important day of the 20th century. But for the success of the United States of America and its Allies that day, the world would be a drastically different place.

Anonymous said...

Nancy, the list serve is for fellow defense attorneys to help eachother. If you don't want to help, keep your mouth closed. And by the way, open an office instead of mooching off the law library

I hope you never ask a legal question on a legal blog bc I suspects 100's will tell you to F off and open a book

Great way to be helpful will those who are holding the state to their burden. What a team player.

Richard Hersch said...

Congratulations to Brian. He has worked long and hard for FACDL and continues to be an outstanding leader. The Annual he has planned for the Portafino at Universal is off the charts. The educational program, the entertainment, the awards banquet, the venue and great deals on rooms and the parks are incredible. With 253 attendees signed up, this is quite possibly the largest FACDL Annual EVER.

One disappointing note. Only 20 of the 253 attendees are from Miami FACDL. ?????????????????????????

On the Nancy Wear thing? Not a big deal. Every list-serve reaches its own equilibrium (and then changes a week later) You got brilliant lawyers on there and you got those that are just getting their footing. Of course the former get frustrated by the latter when more elementary questions are asked. Didn't seem like the youngster hadn't done at least some work (I've consulted with her and she's smart and dedicated) One of the purposes of the list-serve is the betterment of the entire legal community through shared research, motions and advice.

That being said the ones that start, "I have this trial tomorrow and...." and I neglected to do a thing about it until I opened the file tonight and I think? there might be about 6 issues that I haven't researched. Different story. No response forthcoming.

But...It's all good folks. You could be living under a bridge in Bejing instead of living the good life in Miami.

Rumpole said...

6:51 AM. G-d bless your Dad and Thank You.

It's rare that looking back on history we can point to a place and time and a group of dedicated people that literally saved the world. But on June 6, 1944 and the days beyond we can do that. And specifically on June 7 and the following days, a few hundred Americans- American boys literally- mostly aged 18-22 and led by boys and men 25-30- dug in at a bridgehead and in a fruit Orchard and said- "right here, right now, we stand for what is right, and we're willing to die for it." And many did.

I posted this post today because for many of us Monday is the most difficult day of the week.

Well if it wasn't for those brave men 66 years ago today, our Mondays might be quite different and our problems much more severe. Whatever problems we face today are insignificant compared to those brave men fighting and dying for liberty and freedom.

Every American and every free person should avail themselves of the opportunity if they have it, to visit the battlefields and graveyards of Normandy, France. It's a life changing experience.

Anonymous said...

Zao an ba ba (good morning) Richard.

It's embarrassing to say that China doesn't treat it's prisoners as bad as we do. Yes- they're more likely to put a bullet in their head without due process- and they're more likely to put someone in jail for speaking out on an issue- but if you get past those two disturbing points- they don't make their prisoner releasees sleep under a bridge.

And btw- if you don't think we don't prosecute people for speech and ideas then just take a look at what the Bar has done to Jack Thompson. I'm not a big fan of his, but still, they've torn him to shreds because of his beliefs.

Anonymous said...

Yes but, that was not the first time Nancy Wear said or did something really offensive to the FACDL list serve.

Notice how Catalano is not in this fight? Once burned..... Now, he and Hersch send almost no advice to anyone. Thanks guys for shutting off the help from the two most experienced DUI guys in Miam.

Put two lawyers in a sand box and end up with a war!

Anonymous said...

I have never heard of Nancy Wear so I'm not sure how "famous" she is. However, I agree with her. Maybe it was harsh, rude, etc. but when I was a PD, we would get these asinine e-mails all the time from young attornies. If they spent as much time on Westlaw as they did writing the email in the first place, they would have their answer.

That being said, I know Jude very well. He will handle this wonderfully.

Anonymous said...

I'm no fan of the Florida Bar, but that organization didn't just target Thompson for his beliefs, he truly abuses the legal process every step of the way. He wouldn't know good faith litigation if it bit him on the butt. He should not be allowed to practice law.

Anonymous said...

Nancy Wear is always bitching about something. Last year it was that APDs are so "generously paid" that they don't deserve free membership to FACDL-Miami for the first five years. Now, she is using the list serve as a tool to be rude and condescending to a fellow attorney. Shame on you Nancy. No need for you to spread your misery with every criminal defense attorney in Miami.

Anonymous said...

Barry Wax is running for Treasurer. He must win first. This is what happens in elections out of Dade County

Anonymous said...

To 9:07 a.m.: I am a criminal defense attorney who attends a DUI seminar every couple of years and handles about a half dozen DUI cases every year. I am by no means an expert at DUI defense. Richard Hersch and Michael Catalano are always ready, willing and able to answer DUI questions.

The Gloves Come Off said...

Oh, the McCollum Vs. Rick Scott fight is on! McCollum starts a dedicated web site: www.rickscottfraudfiles.com

for which Scott spent one billion dollars in ad's to say "he is a liar".

Anonymous said...

Nancy Wear was dead on accurate for telling the lazy lawyer who didn't research such basic issues to crack open a law book. Or, even better, log onto Westlaw.

too cool for you said...

Here's the "club" that some of us just can't get into no matter how much they beg the maitre' d.

Anonymous said...

Correction - Rumpole. Mr. Wax is running for the position and he has opposition. Assuming he wins, we will have another local boy running the show five years from now.

Anonymous said...

4:48, Nancy was dead on accurate. But that is not the point, tell this person individually and explain to them that an email on such a basic criminal law subject gives the appearance of complete incompetence and lack of any knowledge of practicing criminal defense in South Florida. All of that could have been accomplished without embarrassing this person on a list serve with hundreds of defense attorneys and the couple dozen or so of our most prominent attorneys.

I know friends from law school who are taking criminal cases and sometimes they call me and asked me the most ridiculous questions about a DUI or simple possession case. I tell all of them the same thing, you do not know what you are doing, this is someone's liberty in additional to a lot of other collateral consequences and you would do yourself and your client a favor by referring this client to someone who actually practices in this arena.

Nancy was rude. Period.

Anonymous said...

How many people would be bitching about Nancy's email to the dolt who asked such a stupid question if Nancy was a guy? Exactly no one, instead people would be slapping her (I mean HIM) on the back for teaching a young stupid lawyer a lesson. I'm glad that Nancy called an idiot an idiot and hope she continues to do so in the past.

Anonymous said...

Very disappointed that Pres Obama completely ignored D Day anniversary. Commander in what?

Anonymous said...

Thompson is, IMHO, unfit to practice. He has abused the system terribly and has lost any points he may have in the way tries to communicate them. He is a nuisance
and a wack job.

I am on his email list somehow -- and it is unblockable for some reason. You should read some of the shit he barrages every court within 500 miles with. It starts out as entertaining, then degenerates to pathetic, and then you realize he's stealing valuable court time from all of us.

Go away Jack. Please. Make a partnership offer to Ted Haggard, you are made for each other.

Anonymous said...

Im sorry but Barry Wax is a self important self promotional type. He is cut from a mold that I wish they would break. He's perfect to run FACDL.

DS said...

Cannt we alll just get along. I worked w/ T.L. at PD11. She is very bright and a concerned lawyer. While the PDO fosters an atmosphere of asking for advice and assistance of those w/ more knowledge and practice, listserve aint the PDs.

The Straw Buyer said...


They're especially nasty in the Robert Kuntz / Monica Gordo race for Judge Siegels old post. Between the internet smear campaign by Kuntz's people and personally witnessing Kuntz's make some very surprising threats, this race is worth keeping an eye on.

Anonymous said...

Has the replacement for Kreeger been named?

Anonymous said...

JAABLOG: 6/10/2010 7:32 AM Jack Thompson Re Rumpole wrote:
What a surprise--not--that the anonymous coward, Rumpole, aka howardroark21@gmail.com, would have no problem with Broward judges honoring a corrupt judge aka Ana Gardiner.

Rumpole rarely misses an opportunity to celebrate governmental power and influence run amok, as he thinks and writes that The Florida Bar Governors really are "The Guardians of Democracy," as they call themselves on Bar brochures.

Rumpole is nothing but a quisling within and to the judiicial branch who assures us all that we can trust people with power and yet, in an act of almost unfathomable cowardice, runs a blog with a fake name, afraid that the powers tthat be, whom we are to fete (see Judge Gardiner) may one day descend upon him.

Hypocrisy is too kind a word to describe such silliness. Jack Thompson
Jack Thompson, J.D.
5721 Riviera Drive
Coral Gables, Florida 33146
305-666-4366, cell 305-588-3005

"An error does not become truth by reason of multiplied propagation, nor does truth become error because nobody will see it." -- Mahatma Gandhi