Friday, September 14, 2012

MISTAKES AND mistakes

Judge Will Thomas had to declare a mistrial Thursday in the Lebron trial. This case occurred in 2002. It has been to the 3rd DCA and back once and Lebron- accused of being the shooter- has waited while other co-defendants who were severed went to trial before him. 

The facts of the case- a kidnapping, sexual assault and murder are particularly disturbing. It could not have been easy for the mother of Ana Maria Angel, the young woman murdered, to learn of the mis-trial. She has endured more than almost any of us ever will, and has waited a decade for this person to go to trial. Judge Thomas by all accounts handled the mistrial in a professional yet sensitive matter. The mistrial occurred when a detective volunteered information that a co-defendant had gone to trial and been convicted. Mr. Lebron is entitled to a fair trial and the testimony of the detective- not solicited by the prosecutor- would have jeopardized that.   Nobody wants this case to take another decade by being over turned on appeal. Here's hoping that when the trial re-starts next Wednesday it proceeds quickly and cleanly. 

PD/FACEBOOK
We avoided posting on the PD/Facebook fiasco the other day because we didn't want to fan the flames of publicity. The young woman involved made a mistake. People do that. Even lawyers. Sometimes even the best of us make a bad judgment and do something that on retrospect we know to be wrong. That is what occurred here. The PD paid for her mistake with her job. We think that is wrong. By all accounts she was a very good advocate for the clients she represented. Hard working and not afraid to go to trial. The Herald wrote the story, news outlets picked it up- the "Legal Briefs" headline was irresistible to the news media writing about a case where a lawyer posted a picture of her client's silly looking underwear. The news even made it to the London Daily Mail.  Enough is enough.  There isn't a lawyer who has ever tried a case who hasn't in a moment of pressure, frustration, or tiredness, done or said a stupid thing they immediately wished they hadn't. But in 2012 the rise of instantaneous social media connectivity means those mistakes get publicized around the world at the speed of light. We wish the PD well. Based on her excellent reputation before this matter, we would have no qualms about having her sit with us the next time we go to trial. This will pass and she will bounce back. 

FOOTBALL POOL WEEK TWO UPDATED AS OF 2PM-The overwhelmingly popular pick is the NE Cheaters. We hope they get crushed at home by the mighty Arizona Cardinals. 

Football Pool 2012 Pdf2 Enjoy your weekend. COURTS CLOSED MONDAY for the celebration of the Jewish New Year. 

See you in court on Tuesday. 

75 comments:

  1. You are so right Rump. It's unfortunate that so many are having so much fun at the young lawyer's expense. They seem to forget that she's a human being with feelings and real world needs (like having a job and being able to support herself).

    Very sad.

    BTDT

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  2. And what Rumpole didn't say and might not know- is that the Judge had been on the edge of discharging the PDs anyway. The client was a difficult client and there had been a Nelson hearing just before the trial started. So it all worked out for the best- except for Anya. So sad.

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  3. Why are you obsessed with guest blogger?

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  4. real issue isnt this, the real issue is that had the info come out after the trial, at the 3.850 hearing the trial and appellate courts would have stated that the posting didnt matter...that is what is bs about this situation...

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  5. Rumpole:

    I find you even sexier when you're so sensitive.
    A powerful, forceful lawyer who cares about those less fortunate. I REALLY wish we could meet.

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  6. Didn't Mike Greico get fired by the SAO for posting stuff about him prosecuting a football player?

    Me, I think Carlos was right to fire her. That mistake made us all look stupid.

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  7. All this means is more competition for private attorneys.

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  8. THE CAPTAIN REPORTS:

    SO, YOU WANT TO BE A JUDGE ...

    Then you need to know who is on the JNC. And Governor Scott has recently made two appointments to that august committee:

    Paul C. Huck Jr. and the reappointment of Daniel W. Schwartz to the Eleventh Circuit Judicial Nominating Commission.

    Huck, 45, of Pinecrest, has practiced with Colson Hicks Eidson since 2008. Previously, he was general counsel for the Executive Office of the Governor from 2007 to 2008. He was a regional attorney general and deputy attorney general from 2003 to 2007 and practiced with Kenny Nachwalter P.A. from 1993 to 2003. From 2008 to 2012, he served on the Governing Board of the South Florida Water Management District. Huck received a bachelor’s degree from Princeton University and a law degree from Harvard Law School. He succeeds Marlene Quintana and is appointed for a term beginning September 11, 2012, and ending July 1, 2016.

    Schwartz, 34, of Miami Beach, has practiced with Akerman Senterfitt since 2006. Previously, he was a research aide in the White House from 2005 to 2006. Schwartz received a bachelor’s degree from Vanderbilt University and a law degree from Emory University. He is reappointed for a term beginning September 11, 2012, and ending July 1, 2016.

    CAP OUT ....

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  9. Rump - you've been punked on the Federal Blog comments section; don't you have any friends ;)

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  10. Carlos does not stand by his lawyers. The lawyer made a minor mistake and she was fired? Carlos is a terrible boss. I'm suprised more people in that office are not taking up for this young lawyer.

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  11. Dear Questionable Blonde Hottie:

    Cheap flattery and flirtation does not work on HR. It's beneath him.

    - I

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  12. 9:36, No one does anything because the APDs are scared and want to keep their jobs. Any challenging or critique of Don Carlito results in discipline or termination.

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  13. I am watching an old repeat of Password Plus on the game channel circa 1979 and a "Sandy Blake" with a big afro, cheesy mustache comes on as a contestant and is introduced as a U of Florida Law student. Could Sandy be Stan?

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  14. 1:49 PM

    NO. His honor graduated UF in 1970and attended law school at UM through 1973.

    Cap Out ...

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  15. Judge Blake has never gone as "SANDY". He is known as "Stan". He was a TEP at Florida, the greatest frat. They won the Presidents cup (best athletes) every year. and had the best Files for tests of any frat.

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  16. Here comes a post from JB.

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  17. It's such a shame because there have been many PDs who have done a lot worse things and still have their jobs, yet when one of the best attorney's that they have left makes a stupid, minor mistake, they fire her. Apparently, neither Carlos nor Rory had the balls to fire her themselves and stuck that task on another attorney in the office. The PDs office has gone to shit!!

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  18. I was just watching the news and it occurred to me that if attacking random Americans is an appropriate response to a few Americans making a YouTube clip that insults Islam then it would follow that attacking random Muslims (think carpet bombing), would be an appropriate response to attacking American citizens and embassies . Second; will somebody please make a clip of the kardashians mocking Islam? Those pigs need to go!

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  19. I just watched the show twice. Its definitely Blake using the name Sandy. Im going to find it on you tube and post it. Plus he looks goofy acts goofy same bad jokes and gets waxed on the show-meaning beat bad.

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  20. I saw Blake on Who Wants to be a Millionaire just before he became a Judge. His close friends know he is a game show junkie and lets not even start on his multiple attempts to get his own People's Court show. He wants the $$$ but who doesn't?

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  21. Carlos likes to shoot first and aim later.
    He really know how to build morale..

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  22. Hey David Weed

    Remember what I said to you about the office's future plans to put Carlos in charge?

    History has absolved me.

    Carlos does not believe in litigation he believes in mitigation.

    Enjoy the ride suckerssssssssssssssss

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  23. I'm so disappointed in Carlos Martinez...using this opportunity to get publicity, while dragging a former employee's name through the mud. The PD office tolerates an employee sleeping with a judge he is in front of on a daily basis, yet has no qualms about firing this lawyer (who btw is pregnant). There was another way to handle this.

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  24. I always heard Blake bought his first house with a down payment from money he won on the $25,000 dollar pyramid.

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  25. I don't know which is worse; a lawyer Facebook posting a clients netherwear or an alleged murderer (male) wearing lucky leopard print panties

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  26. Will someone tell me who is the court reporting company, for the digital transcription system and what is there info?

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  27. Carlos J. Martinez's conduct of using Anya's misjudgment as a means to get publicity for himself is disgusting. Mr. Martinez you know nothing about trying cases. You know nothing about dealing with difficult clients. You know nothing about the stresses of trying a horrible case. The fact is Carlos J. Martinez knows nothing about being a lawyer. Lets hope someone who is actually a trial lawyer has the balls to run against this jerk.

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  28. After years of tireless (and thankless) service, Anya deserved some loyalty.

    Et tu, Carlos?

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  29. the problem is that the lawyer should be focusing on the evidence and preparing for trial. Not taking pics of anything, much less the underwear or other clothing of her own client.

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  30. PD's office is in shambles. That's what 4 years of Carlos and caseload litigation gets you. It took decades for Bennett to make it the #1 PDs office in the nation, and ONE term for Carlos to turn it to shit. It's like rats leaving a sinking ship. REAL SHAME.

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  31. trialmaster of the obvious

    but whats your point numb nuts?



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  32. Not one member of the Administration showed up to Alex Stern's going away happy hour. He dedicated 7 years to that office and worked harder than anyone. Tried tons of cases and was a training attorney for two years. But not one of the upper management came to send him off on a proper note. No Carlos. No Rory. No Guy. None of the SSAs. Dozens and Dozens of APDs are interviewing or have already put in their notice. The ship is sinking and the crew is jumping of the first life boat.

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  33. Big breasts all over the suddenly sleezy South Florida blog now run by the idiot guest blogger blowhard.

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  34. I feel compelled to report that a former and now retired Circuit Criminal Court Judge, who also is a former Assistant Public Defender has indicated that he presently intends to file against Mr. Martinez in the next election cycle. This particular gentleman will be especially well-financed and eager for the combat of a contested race. I assure all it won't be boring if he prevails.

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  35. Carlos Martinez is not perfect, but don't criticize him for not showing "loyalty" to arrogance, immaturity, stupidity, and disloyalty to a client. And, oh, by the way, most of that, especially the arrogance part, goes for Mrs. Stern AND her husband.

    Good riddance. The office is a better place without the both of them.

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  36. Can the person who wrote about the destroyed texts, voicemails, and carlos not being the second or third choice email me. I have been aware of that situation for some time and didnt write about it. But the different treatment of both pds has me concerned.

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  37. Let me make sure I understand the double-standards at play in the PDO: they represent people who often times have made HUGE mistakes, but tolerate none from a junior, hard-working PD who had a lapse of judgment. Great going. What a bunch of a-holes who run that office. A suspension without pay for about 30 days would have been more than sufficient for this "transgression."

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  38. litigation NOT mitigation.

    I can think of another person who is making bank who is not the least bit happy about what that great place has become.

    and he's fast with the six gun

    the cisco kid

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  39. Secret Judge, we have to wait four years for someone to challenge Carlos.

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  40. Lourdes Simon was the first choice of BHB. When Lourdes was a Felony Training Attorney , Weed came to her and told her to apply for an open Senior Attorney spot because they had plans for her. She got promoted and told that BHB and Weed saw her as the next PD. But Lourdes wanted to be a Judge and turned down the offer to be groomed for Public Defender. Because she rejected the offer, Drug Court Carlos was chosen to be next PD.

    The above was told to me by Lourdes when it occured.

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  41. Dear Rory, I mean 11:07
    Alex Stern was seen as a shining star of Carlos' Office. He served twice as long as usual for a Felony Training Attorney, 2 years instead of the usual one.
    Anya Citron Stern was promoted up the Felony ladder to an A spot quickly because the Administration thought a lot of her abilities.
    Now you call them arrogant, when before the Fifth floor called them aggressive.

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  42. Hey 11:07

    You obviously don't know anything at all about Alex Stern. The guy is a great trial lawyer. Not only that but he also really cares about his clients and the underprivileged. I was in division with him for a year and he got great results AND always showed his clients the respect that they deserve. His wife made a terrible mistake but lets not go overboard here. The PD's office is much, much worse without the Sterns. Carlos should have simply sent her to ERU like David Weed and let her earn her way back to felonies. But that's what happens when you make your boss look bad - you get fired. Keep your head up Anya and Alex - the grass is greener on the other side.

    Christian Dunham

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  43. To the person who I asked to e-mail me: I don't care about first choice/second choice. I wanted to discuss the disparate treatment of the two PDS. One got fired, one got a raise. And in my opinion the one who got a raise engaged in conduct way more egregious than Anya. I know what that person did. I just wasn't sure how many other people knew.

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  44. Mrs. Simon would have been an excellent pick.

    But the story is not all true. Carlos was always Brummers favorite little pet.

    Now we are left with the new office creed "Mitigate dont litigate"

    I know Ric Zweig talks about running but he's all talkk. And he's having tooo much fun in Panamami

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  45. To 1:10, the gentleman I referred to previously is aware of this and plans to make his bid at that time. Martinez will be toast. It's never to early to prepare for a fight, even one that will be lopsided due to the bankroll that this challenger is prepared to utilize. One final thought - this individual will make the Public Defender's Office a haven for outstanding trial lawyers, akin to what it was when Judge Phillip Hubbart was the P.D.

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  46. @10:33-- Watch what you say about the South Florida blog.

    SFLs' #1 Fan

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  47. 854..........neither the SAO nor PD will be a haven for great trial lawyers until our Legislature gets serious about criminal justice. The majority of those of us who left did so not because we didn't like or jobs (many of us loved our jobs) but because we had better opportunities (and, for the vast majority of us, far more lucrative opportunities). The salaries and benefits at the SAO and PDO are a joke.

    BTDT

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  48. secret judge

    hubbart black denaro ht levine finger clay snyder mad dogg flynn big joe are men i model my game after.
    black once made a motion for a hose job as a result of his client's noxious body odor. the motion was granted by judge baker
    lets kick it old school.

    cisco kid

    publish this one rumpole

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  49. to un named pd
    I dont know where you get your info from but we can only pray she is a better Judge than she was a training attorney.

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  50. Hi.

    I am the same person that comments frequently here.

    I never worked in the PD's office but know everything about it. I think Carlos is terrible even though I don't even know him. Any lawyer that does something good and is mentioned here is going to be a victim of my criticism. Anyone who makes a mistake is going to incur my wrath because I am perfect. Any bad decision made in a case is going to be highlighted by me after I'm done posting stories from the Herald about lawyers screwing up, as they make me feel better. Someone is going to run against anyone that I don't like, even though I know no one and none of what I say is based in fact.

    I would have tried every case differently and I believe any judge that makes a decision that is different than all the others is deserving of criticism. The morale in the SAO is horrible even though I've never been to the SAO nor know anything about it.

    I hate pizza, and anyone that makes more money than me.

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  51. Dear Un-Named PD,

    You are either a liar (because you are NOT a PD), or you are the stupidest PD in the neighborhood, because you write to "11:07" believing him or her to be Rory, then proceed to explain to "Rory," who is the second in command in the office, about how Alex and Anya have moved up in the office, and what the "fifth floor" says about them, as if Rory wouldn't know either their career path or what the "fifth floor" thinks. Idiot!

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  52. Shame, I can't wait 4 years. I'm out as soon as possible.

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  53. Rumphole,

    I know you have a personal thing against CM. I actually don't have an opinion one way or another. But, can you name one private firm that would not have fired the PD for doing what she did? Sad and tragic as it may be for her personally, it is a fireable incident. Don't let your hatred cloud your judgment.

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  54. I tried a case with Alex Stern when I was at the PDO and he was a wonderful trial partner. I've always known him to be aggressive, smart, and a zealous advocate for his clients. Anya started as an intern when I was in the office, and she was sharp and motivated. I hate what's happened here b/c she was by all accounts a wonderful asset to her clients and the office. Yes, she had a horrible lapse of judgment, but she will bounce back and be better for it. Keep your head up Anya, this too shall pass.

    Adriana Collado-Hudak

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  55. 9:10 it would be easier for my head not to cloud my judgment if, to quote Jack Nicholson in a Few Good Men, you addressed me with some RESPECT. And to quote the trial judge - I know Ive earned it.

    As to this contretemps: I have to admit that a private law firm would feel compelled to fire the lawyer. But a part of that is you know what jerks lawyers are- if an attorney at Greenberg did this- other sharks would jump from the water urging the client to sue for invasion of privacy and whatever other torts that I've long ago forgotten exist in this matter. So I agree most private firms would fire her. But the PDS aren't a private firm. And this was by all accounts a very good lawyer. The type of lawyer they want- hard working, trial active. So I would not have done something that could ruin her career. I would have counseled her, given her a few weekends of bond hearings, maybe asked her to take an unpaid week, and then brought her back. And you know what I probably would have had in return: A really grateful, loyal employee who I could have even more trust in because -knowing that she is bright and not a problem employee- she would have learned her lesson and been less likely than almost anyone else to make a mistake in the future.

    I invest in people and excellence (to quote Paul Newman in the Color of Money) Silent Charlie invests in stats. Enough said.

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  56. 9:10

    i guess you have a very strong opinion about the matter...

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  57. Rumpole,

    The proposed course of action described in your 9:48 post is not an unreasonable one when looked at in the light of YOUR value system and world view, and maybe those of your contemporaries; however the Sterns and many others in their age group wouldn't react to the consequences you suggest the same way as say, their parents, or anyone else that pre-dates the "me" generation.

    And frankly, saying that the proper course of action in a private firm should be different that that in the PD's office is an insult to both the institution and its members. The hit to the office's reputation is the moral equivalent to the lawsuits you contemplate in the private sector.

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  58. As the Z man Sara. A mistake is when you leave yr jets in the car. Not when as. Crim d lawyer you publicly question tr clients innocence.

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  59. As a former PD, I can appreciate the need to send a message for errors in judgment that undermine client confidence. And, I like Carlos. Having said that, however, I think that for an office which must wholeheartedly believe in redemption to do its job, it is entirely too heavy-handed to summarily terminate by what all accounts is a good, qualified attorney for a momentary lapse. I'm really disappointed in the decision.

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  60. Thank you Christian Dunham & Adriana Cullado for showing such grace and class in defending both Sterns. These hateful commentators believe in rubbing salt on an open wound when it is not necessary. Dozens and Dozens of PDs are trying to leave the office. People who have put in 10, 15 years or more are There are secret raises for upper management but none money for the pit lawyers. Carlos's cadre of female assistants make over $60K to be an event planners but attorneys trying murder cases make $50K. They recently demoted an attorney for being a half hour late to bond hearings and stripped her of a week's pay. They have these idiot task forces where people are getting secret raises but no such raise for actual litigators who have not seen a raise in years.

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  61. Un-Named PD
    11:30pm and 1:20am - yeah right, the truth hurts. How about getting a life . You must not have one if you are posting at those times.

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  62. Well my point is I'm nt sure the Pds could get sued for this.

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  63. Rump, former PD here. I know exactly what you're referring to when you mention the other PD. Every pit attorney I worked with knew about the situation. Whether the 5th floor knew, I can't say, but Id be surprised if they didn't.

    This other PD is one of about four or five golden boys, all male, all secretly picked and secretly asked to be on the special and various "task forces" and given raises.

    The indiscretion you refer to was widely know throughout that process.

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  64. I am a former PD and have been in private practice now for many years. I have had the opportunity to try many serious cases, representing clients who have been difficult, under difficult circumstances. But whether in private practice or at the PDs office, I never forgot my responsibility to a client, as that is what is required by the Florida Bar Rules and not the particular office that employs you.

    The issue here is a serious one as it is my understanding (and has been mentioned in this comments section) the client had requested two separate Nelson Hearings asking that the PDs be discharged from the case because the defendant felt they were not taking his case seriously. What happens, the PDs on the case prove him right.
    This was a monumental lapse in judgment, that is sanctionable by the Florida Bar. In order to adequately appreciate the seriousness of this issue, it must be analyzed from the perspective of the client. He is facing life in prison, doubts his lawyers' commitment to his case, and then has his underwear posted on FB for the world to see with negative commentary from his lawyer, in the middle of trial and on the day before his case is set to conclude in front of the jury. You need to see it from the eyes of the person who had no choice in who is lawyer would be, who had his concerns about his representation confirmed.

    Additionally, there should be no distinction as to how an employer chooses to deal with an employee. Much is commented about how certain lawyers who made bigger mistakes were treated differently and retained their employment. Were the mistakes ones that compromised the representation of a defendant in mid-trial? I know many stories of PDs (and ASAs by the way) who have had many serious personal issues that have been addressed through the office, but each of these instances never impacted the client being represented.

    Many who comment about what is the perceived heavy-handedness of the PD administration seem to speak from the perspective of knowing Ms. Stern. I am sure she has done good work at the PD (as has her husband, which is irrelevant for purposes of analyzing the circumstances of her firing). But some errors are too great and unfortunately can't be mitigated by prior work history.

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  65. Rump,

    Why couldn't PD be sued? Orlando's PD was sued late last year by a wrongly convicted woman they represented (notably the State Attorney's Office was not sued b/c they have immunity).

    No way a PD should be treated differently than a private attorney. If she would have (and should have) been fired at a private firm than she should have been fired as a PD.

    Everyone seems to be forgetting that it wasn't just the one post. Beside the pic of the underwear, she came up with a clever little nickname for her client (and not one that made him sound innocent). Honestly, it was clever enough it wouldn't surprise me if the State used it in the next trial.

    When you look at both posts, she'll be lucky if she isn't sanctioned by the bar.

    Having said all of that, I like Anya and I hope this ends up a small blip in her career. I am pretty neutral when it comes to Carlos. I don't think he's nearly as bad as some make him out to be BUT the office is far too secretive and definitely needs to communicate better.

    Final thought re: the complaints that "golden boys" are rewarded by the 5th floor - don't most large offices operate that way? A senior partner takes a liking to you and you have a protector/promoter in the firm. I think that's a ridiculous complaint about the PD office. Kind of makes me want to tell those whining about it to grow up. Or to take their toys and go play in a different park.

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  66. 2:11 should not be permitted to post comments like that. out of bounds bro.

    cisco kid

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  67. bloggers posting at 11:30 at night and 1:20 in the morning are more than likely busier than the idiot home at 11:30 on a Sunday morning posting.
    The PD' office has no tolerance for any one and will always make a decision based on their personal issues with underlings with a voice or something even worse. Even the slip of a tongue at a party where alcohol is flowing can bite a PD in the ass, remember A.T! Everything has become "politically incorrect". Isnt that another word for "there is no free speech". I am starting to think that this blog may be the last vestidge (how do you spell that darn word)of it. Pretending that there aren't biggots in the word doesn't make it go away. I liked it when I knew where someone stood because they were allowed to speak their mind. I agree that C.M. made a big mistake in firing a good public servant who made a mistake. He should be ashamed of his intolerance, of all people, he should be the most ashamed. Moreover, as a leader, can't he tell the difference between an error in judgement verses egregious acts that are repeated to the detriment of the office. What is the worst thing that could have happened if he showed some compassion?

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  68. You're right. I took it down and I am sorry it ever went up. My fault. I try and clear comments from my phone at times.

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  69. as an ASA that has worked with Anya, she was an oustanding attorney. I saw her perform miracles for her clients. She has bigger balls than most men in that courthouse. Carlos made a huge mistake in firing her. But from what I hear (and have heard for some time now), Carlos is prone to making huge mistakes. Anya will succeed in her future endeavors, I have no doubt about that. Good luck to her.

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  70. there has been lots of talk about this Defendant wanting to fire his lawyers before. I know from reliable sources what the real source of the Nelson hearings were. The Defendant wanted a 5 year plea offer to 1st degree murder. The PDs couldn't deliver. The best the State was willing to offer was 30 years. NOT ONE CRIMINAL DEFENSE ATTORNEY in the universe could have gotten that kind of plea offer for a first degree murder and made this client happy. Also, the Defendant was unhappy because he was advised that if he proceeded to trial he would most likely be convicted and sentenced to life imprison. Most of you master attorneys handle misdemeanors and grand thefts. When you have to tell a 40 year old man that if he takes the state's plea he will be 70 years old upon release or sentenced to life in imprison in the alternative, those defendants don't like their attorneys yet.

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  71. I have been informed that a referee that was scheduled to officiate at the Saints game today had posted on his Facebook page that he was a Saints fan. That is intolerable. Facebook was not designed to be used that way. And referees should not use social media to demean their position. For the purposes of this memo, the referee should be considered a member of the Dade Public Defenders Office right up to the point where his Facebook page was discovered. Now he is FIRED.
    That is all. Back to work.

    Carlos Martinez, Dade Public Defender,
    "Bringing all Facebook abusers to justice since September, 2012"

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  72. Hey DS why no comment on the Recalde case. You were the orginal PD on the case, Kirlew took it over from DS.

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  73. Thank you 344 and 357 for making good and reasoned arguments without attacking the APD publicly. I agree with your positions. The mistake was stupid, but too serious to ignore. I expect the Bar to sanction her (I hope they take it easy on her....I think she's suffered quite a bit already). That said, I hope she and others learn from this and move on. It sounds like she has a bright career ahead of her. I wish her luck.

    BTDT

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  74. Can any one relay who is the digital court reporting company for the Court House. Is a Law blog or a college locker room?

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