RUN RUMPOLE RUN

UPDATES BELOW

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.

DAY OF DAYS PLUS 1.

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.

WE'RE NUMBER 1!!

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.

I'M SO SORRY UNCLE (JIMMY) ALBERT:

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.

THINGS ARE GETTING NASTY:

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!!!

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.