Dear BACDL/FACDL-Miami members:
Last night I had a conversation with Mike Satz regarding the Broward County
Medical Examiners office and their procedures with respect to the testing of
bodily fluids. If you had a case in Broward in the past ...years, where your
client's or witnesses bodily fluids were sent to the M.E.'s office for testing
of a controlled substance, etc, you may now have some more work to do. This
could potentially result in new information that you could use to request a new
trial, etc. This could affect DUI's, DUI manslaughter's and any other case where
they tested for a controlled substance. The M.E. has specifically advised that
it does not include tests for alcohol content (I do not yet know how or why).
The current M.E. has now sent the attached letter to Mr. Satz who has forwarded
same to me.
The letter basically states that the new M.E., DR. Craig Mallak, has
ordered the investigation of all testing of bodily fluids that were conducted
during the past 10 years. (i.e., under the previous administration).
The letter states, in part,:
"Most likely, the results provided to the State Attorney's office in the
past have been accurate; however I felt a moral and ethical obligation to
provide you with this information. In early September, I directed to staff to
begin gathering data on the number of live persons' samples that tested positive
for drugs in the past ten (10) years; that data was provided to you in hard copy
during our meeting today and comprises approximately 3600 individual cases. It
is my understanding there is no definitive evidence to suggest that the actual
results reported were inaccurate; however, the methods used to extract the
information were not previously scientifically
Our question of their expert in any case is logical. Can you state with
any degree of scientific certainty that the test results in this case are
accurate? After the above statement, how could they answer yes in a deposition,
hearing or trial?
Mr. Satz advised me that he has also advised Howard of these
developments. I have placed a call to Howard Finkelstein to discuss this matter
further.I will keep you informed as I receive further information.
Regards,
Ken Hassett
BACDL President
41 comments:
Mike Satz cares more about Sunday's Jets-Fins game than he does about faulty results which may have been used as evidence against a defendant.
Just some constructive criticism regarding recent posts:
"Bad Blood in Broward" sounds better than "Bad Broward Blood." Also, your "Oil and Water" is very dull. I think it's because you use it too much.
It's quite amazing you mention that because the original headline was "bad blood in broward" but I changed it because I thought it was misleading. The current headline more reflects a possible bad lab report. The other headline could refer to a fight of some sort.
How about "Back to Blood in Broward" in honor of Tom Wolfe's Miami novel released this week.
Rumpole,
538 has Obama a 2-1 odd to get reelected. But Bill Bennett and the conservatives say Romney has the momentum 2 weeks ago. What do you say?
It is the 50th Anniversary of the Cuban Missile Crisis.
I would like to solicit any memories as comment for those who remember the Crisis, especially those who lived here in South Florida.
I remember My Parents and adult Neighbors were frightened. I was only seven ( 7 ) , in Miss Epstein's second grade class at Greynolds Park Elementary.
I remember the military vehicles on the roads, Planes & troops stationed at Opa-Locka Airport. Soldiers bivouacked at Gulfstream race track. Missiles in the Everglades and at Richmond Heights Naval Air ( in what is now the zoo) .
The Basements of Richards and Burdines being rated as Civil Defense shelters, with the Yellow Circle and Black Triangle CD signs. We used to have those signs at the Justice Building .
I especially remember the drills of duck and cover drills, at school. Even then, I questioned myself how my little desk was going to protect me from a nuclear blast, or even the secondary blast of shards from the jalousies windows.
DS
Rumpole have you read this authoritative report?
I read it some time ago and came to the realization that most science conducted is junk science and, it's done subjectively most times by the "MDPD's" Forensic Lab. Not surprised by Broward situation.
STRENGTHENING FORENSIC SCIENCE IN THE UNITED STATES
A PATH FORWARD
Committee on Identifying the Needs of the Forensic Science Community
Committee on Science, Technology, and Law
3
The Admission of Forensic Science Evidence in Litigation
This chapter describes the legal system’s reliance on forensic science evidence in criminal prosecutions and examines the existing adversarial process for admitting this type of evidence. The report describes and analyzes the current situation and makes recommendations for the future. No judgment is made about past convictions and no view is expressed as to whether courts should reassess cases that already have been tried. The report finds that the existing legal regime—including the rules governing the admissibility of forensic evidence, the applicable standards governing appellate review of trial court decisions, the limitations of the adversary process, and judges and lawyers who often lack the scientific expertise necessary to comprehend and evaluate forensic evidence—is inadequate to the task of curing the documented ills of the forensic science disciplines. This matters a great deal, because “forensic science is but the handmaiden of the legal system.”1 As explained in Chapters 4 and 5, there are serious issues regarding the capacity and quality of the current forensic science system; yet, the courts continue to rely on forensic evidence without fully understanding and addressing the limitations of different forensic science disciplines. This profound conjunction of law and science, especially in the context of law enforcement, underscores the need for improvement in the forensic science community.
1
4 D.L. Faigman, M.J. Saks, J. Sanders, and E.K. Cheng. 2007-2008. Modern Scientific Evidence: The Law and Science of Expert Testimony. Eagan, MN: Thomson/West, § 29.4, p.6. See also P.C. Giannelli and E.J. Imwinkelried. 2007. Scientific Evidence, 4th ed. Albany, NY: Lexis Publishing Co., on the latest forensic techniques and scientific concepts used in collecting and evaluating evidence.
Ds and am - you both are losers
The trialmaster has no interest in this Broward ME matter in that his client with a .32 blood was walked on a dui/mansalughter case some years ago. The trialmaster took apart the detective and the ME office on the .32 and argued a sample switch or just a mess up.
Wasn't that office headed by the guy who did the Anna Nicole autopsy? He left in all kinds of disgrace.
Broward sucks! That entire county is covered in filth & corruption. Starting with the prosecutors, going all the way to the Judges!
AM can copy and paste!!
Is it me or is AM just a bit meshugana?
Windows 8 is an operating system produced by Microsoft for use on personal computers, including home and business desktops, laptops, tablets, and home theater PCs. The operating system was released to manufacturing on August 1, 2012, and is scheduled for general availability on Friday, October 26, 2012.
No, I disagree. You wouldn't have linked it to the New York Times article discussing Windows 8:
http://www.nytimes.com/2012/10/22/technology/windows-staple-of-most-pcs-gets-a-major-makeover.html?_r=0
And why didn't you approve my comment? It was a harmeless comment that called you out on your bullshit lie. This isn't Watergate, Rump. But you know I have a valid point.
By saying that Windows 8 sucks, you're implying that you know it sucks from personal experience and that is impossible because it's not available to the public yet. To be exact, Windows 8 is launching globally tonight and will be avaiable to the general public tomorrow.
You opened the door to it by commenting on the product on your blog and then you block my comment because you know you lied. That doesn't sound like ehtical blogging to me.
Not cool, Rumpole. Not cool at all.
Hey Josh,
There's a fine line between Mensch and Meshugana. I tow it, but at least I can stay on subject while doing so. I can't speak for anyone else coming out of left field, repetitiously.
~AM~
1:29 p.m. here.
So my comment in response to your comment makes sense considering the original comment that you didn't approve.
Thanks a lot,Rump!
1010
Dude Its DS not Ds
In the midst of a presidential election, a scandal in Broward, the state trying to kill a crazy man, my access to windows 8- which has been available for beta testing for over a year- is what is consuming you? Get a life. And from personal knowledge - windows 8 sucks. Deal with it.
You never had access to Windows 8.
People with a microsoft developer's license have had access to windows 8 for quite a while.
Perhaps this gives a clue to Rumpole's identity: He (or she) is a computer geek!
Rumpole,
You finally see the light, you finally address the puerile digression. Well about time.
Thanks
*Toe*
looking to start my own firm, would you go with a PC or Mac? Why?
Congrats to Milt on another opinion where he shows he has nothing better to do than read Cliffs notes about the Bard. Only HE is smart enough to realize that finerprint evidence is no good. Milt, you are such a bag of hot air. You love to be ridiculed, don't you. Everyone laughs at what an idiot you are.
Is court open tomorrow?
Mensch?
Worth a look at what is underneath:
www.surfsidekidnpapping.org
we can help, knowledge is out here, and there is an anon contact form.
I heard courts are closed Friday. ..
I don't understand a word in Milt's newest order. He's such an embarrassment to the bench. I wish he spent actual time trying to read case law precedent than trying to make himself sound like the smartest person in the room.
AM... there is no line connecting a mensch and a meshugana. One means a person of substance who does good deeds, the other means is a crazy person (like you). They are not opposites or mutually exclusive.
Neither are proper nouns, so don't capitalize them.
Stick to what you know, which really is very little, and certainly isn't Yiddish expression.
Rump, you are going on about the so called killing of this crazy man - and you are wrong - from the record:
"The facts reveal that the two victims were seated in an automobile and while seated therein a gunshot was fired through the window striking Brian Glenfeld in the arm and chest area. A significant amount of bleeding followed and this victim's blood was found throughout many areas of the front of the automobile as well as on the clothing of Belinda Worley. Following the shooting, the female victim ran many hundreds of feet from the car in an attempt to allude [sic] the defendant and was finally overtaken in some rather dense overgrowth and trees. She was subjected to many physical abuses by this defendant, including but not limited to, sexual penetration of her vagina and anus. The discovery of embedded dirt in her fingers, on her torso both front and back and in many areas within her mouth and the findings of hemorrhaging around her vagina and anal cavity would indicate that she put up a significant struggle and suffered substantially during the perpetration of these indignities upon her body. Expert testimony indicates that she was a virgin at the time of the occur[r]ence of this crime. The position of her body and the location of the wounds on her head would indicate that she was in a kneeling position at the time she was shot through the top of the head. She was left in a partially nude condition in the area where the crime was committed to be thereafter fed upon by insects and other predators. Physical evidence would substantiate that following the attack upon Belinda Worley the defendant went back to the car and shot Brian Glenfeld through the head."
These are not the actions of a guy motivated by voices - these are calculated acts, logically connected to the defendants desire to serve his own wants and desires - sans conscience.
If ever there was a crime warranting the death penalty, this is it.
And, in case that wasn't bad enough, here is what he did before he raped and murdered that girl and her friend:
"The defendant first approached the house posing as a Florida Power and Light employee and went through Mr. Stocker's residence, in the company of Miss Wooden, presumably checking on electrical outlets. Finally he pressed a gun to the back of Miss Wooden's neck and told her to remain quiet while he went about his other business. He tied her hands behind her back and then on numerous occasions had her moving in and around the house. He subsequently put a stocking around her eyes and then a towel and forced her to lie down on her bed. He thn [sic.] got her up and took her blindfold off and made her respond to the front door *644 where a visitor had approached. While she was talking to this visitor with her hands tied behind her back, a pistol was pointed at her a short distance away where the defendant was hiding behind the front door.
She was then taken back to her room blindfolded and told to lay across the bed. Other men came into the house and she was told that these men would be good to her. She heard voices moving around the house and was asked for gloves. One of the participants said her hands were tied too loosely and he re-tied her hands and her blindfold. She was tied so tightly that it affected her breathing because she was an asthmatic and was required to take medication to aid her. As she was laying across the bed she could hear people ransacking the house and was asked to disclose the location of her purse so that it could also be examined. She was unblindfolded and told to determine the ownership of a car which was parked outside and at that time she noticed that all the participants in this crime were carrying weapons. Following her identification of the cadillac she was returned to her room, blindfolded and put back on the bed. Almost two hours passed until Stocker arrived. She was told to be quiet and she said, “Don't hurt me, I'll be good”. She was crying and thought of dying.
...
...
She was blindfolded again and returned to the living room where six men were laying on the floor. Two of them were in the dining area and four in the living room. Their hands were tied behind their back and the defendant and his co-conspirators were going through their pockets and asking for money and drugs. She watched as a shotgun was brought out of Mr. Stocker's room and one of the men put the shotgun to her head and said, “Give us something or we will kill her”. All seven people were then moved into the northeast bedroom where all of them were pleading for their lives. One of the victims was heard to have said that he had been brought up with one of the defendants and shouldn't be hurt.
She next heard Michael Miller scream as he came into the house. She yelled to them not to hurt him. Mr. Miller was then tied, searched and brought into the bedroom. Ferguson then took Miss Wooden and Mr. Miller back to their bedroom with Ferguson again helping her as she moved along. Ferguson told her not to worry that everything was going to be alright and she and Miller were instructed to kneel down next to the bed with their bodies across the bed. She then heard some sounds that sounded like shots from the other part of the house and saw a pillow coming towards her head. She was then shot and then watched Michael get shot. She then heard Ferguson run out of the room. She screamed hysterically for Michael, then got up and got her blindfold off and saw the dead men in the other room. She was able to open the front door and ran screaming to the next door neighbor's house.
While the six men remained in Stocker's bedroom Stocker was heard to cry to God for His help in stopping what he thought was going to take place. Stocker was told “Shut up nigger” (all participants and victims of this crime were of the black race) and his prayers were further interrupted by a shotgun blast to the back of his head. The other gentlemen in the room were then methodically shot by either a shotgun or a pistol into the backs of their heads. Miraculously one of this group survived as did Miss Wooden. The method of execution used by this defendant and his co-conspirators reflects not only an absolute lack of concern for human life or dignity but also that of a consciousless or pitiless individual."
ok, now tell us what is Milt's newest order? Please share with us.
great posts on that sick fuck...
hang em. hang em high
Rumpole is not a computer geek. Otherwise he would know that you have to sign up in order to beta test Windows 8. Only real computer geeks had access to Windows 8 prior to its release to the general public. He lied.
Just finished dealing with a rather complicated case in front of judge Smith. For the record he is smart, patient, and a pleasure to practice in front of. Good appointment . Good judge! Jason grey
If you haven't heard about Miltie's latest antics, wait unti the Third gives him another bench slap.
Jackie Mason I love your comedy I glad Meyer Lansky followed you around just to hear your stand up. I thought you were dead seeing that you are alive and well you might as well join us for "Operation Lemonade/Souls to the polls 7:00am sharp I'll be there at 6:15am sharp with coffee and donuts for the group. Your welcome to Join us Mr. Mason maybe you can tell us some of jokes, while we work. :)
~AM~
I'm sure Judge Smith feels much better about himself, now that Jason Grey has vouched for the judge's intellect. Gee whiz, you just haven't made it as a legal scholar unless Jason gives you his seal of approval, what with his brilliant mind and all.
Can someone post the Milt order?
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