We've seen a lot of these. This one is chilling.
The action starts at about 1 minute.
LIFE RECOMMENDATION:
The jury returned a recommendation for life in prison for Walter Bailey in a double homicide that was tried before Judge Tinkler-Mendez for the last few weeks. ASA Gail Levine (sans expectorations) for the state. Lane Abraham and Richard Houlihan for the defense.
As was pointed out to us in an email, the law allows for a judicial override but the standard is extremely high. As a practical matter, judicial overrides of life recommendations are difficult and rare.
Query: Why is Florida the only state that allows for a non-unanimous jury to vote for death?
See You In Court.
31 comments:
Prevarication.
I like that word. Had to look up the meaning but it's a good word.
Richard Houlihan was the penalty phase attorney. Bruce was not involved in this one
Whoops. My mistake.
Rumpole. I have previously watched videos from this case and am familiar with some of the background.
The easy way to view this video, well there is no easy way, as it is a violent and real video, but the fact is that the suspect who was killed did not deserve to die. He had no clue that these men were police officers. Rumpole. You have not heard the video. There is audio to it. There are six different camera angles. At no time did the police yell scream mention in any way that they were police. They never said."police. Put your weapon down". This guy thought he was coming to the defense of others. Think about it. He was in car. They didn't even know he was there. He could have remained there and never would have been caught, that day. He thought his friend was being robbed or kidnapped. He acted in defense of that man.
Also, after he was shot, and down. He stayed down until he died. But this man did not die instantly. Or quickly. It was a slow death. The police made absolutely positively no attempt to assist this man. They did not call an ambulance. Fire rescue. Back up. Nothing. It took an interminable amount of time before anyone arrived. By then it was too late. I don't know whether the head shot was survivable, but if it was , then they let this guy die a slow death.
I know this is not the reason you posted this. It is not the popular way to look at the video. The man who died was married to the same woman for 18 years. He had no prior criminal record. He may have been operating a grow house, I don't know the evidence that supports his involvement. Even if it did, that crime should notnhave carried a death sentence.
The man who was arrested called 911 during the shootout. He reported to 911 that the police needed to come quick because two guys were shooting at his friend. The guy who was arrested had no clue that the two guys were cops. Ow he faces a murder charge. Ridiculous. And at the Arthur Hearing, the judge determined that he was a danger to the community. Ridiculous. But no way is Monica Gordo ever going to touch that case in the way of granting a bond. Se did not have the guts to follow the law.
I have all the respect in the world for these officers. Savedran took three bullets to the abdomen and he will never been the same, physically or psychologically. Police officers protect us every day in every city in our country. They leave their homes every morning or night and kiss their spouse goodbye not knowing if they will return. They are heroes and they are brave.
But there is another side to this story.
I have no problem with your views. That's why I posted the video. Have at it.
Gail Levine is a very good lawyer, but her ethics suck! It is interesting to have been in the courtroom during the verdict and see the defendant's attorneys move to the side, as the defendant veered his wrath at Gail....most other prosecutors would have been shielded by the defense attorneys in this case....I am a former ASA and despise the way Gail has treated others (on both sides of the legal system).
Today in court Milt quoted from Kierkegaard, Louis B. Mayer, C. Douglas Dillon (Kennedy's treasury secretary), Josip Broz Tito, Baseball commissioner Kenesaw :Montain" Landis, and the farewell address of Australian Prime Minister Gough Whitlam, who Milt reminded us, met with Chinese Premier Zhou En Lai in 1973.
Yawn- it was a quiet day for the Milt-one.
Sorry 808, but I ain't buying what you're selling.
The cops were wearing bullet proof vests that said POLICE on the back. It was pretty damn obvious that they were making taking down the "friend" and not robbing him.
BTDT
From: Mr. Justice Milton Hirsch
To: Moneypenny.
RE:
Moneypenney:
Please review the blog and add to and correct the recitations of my in court citations and orations. For instance, today I made passing reference to General Omar Bradley and Justice Fortas's concurrence in Duncan v. Louisiana: "though it is obvious that the right to jury trial is fundamental for serious offences, it is not the court’s role to dictate to the states what specific form such a jury trial should take. The states should be free to develop their own rules regarding the exercise of a jury trial and not be held accountable to some historical or federal standard."
Also please contact the archivist. The 14th volume of my judicial papers are ready for release. These papers cover the remainder of my interregnum, including the last 16 of my pre-inaugural addresses, especially the one to the Keys chapter of BPOE: "A legal system is judicially implemented by men of training and character. Rulings are neither bituminous in their darkness, nor didactic in the sense explored in Gabriel Marquez's 100 years of Solitude. Rather decisions are issued with an eye to the facts, a recognition of the past, and a view to the future."
Volume 15- the first one hundred days will be available early fall, 2013.
Also, finally, the coffee was way too strong this week. Please go back to the Starbucks Blondie brew.
MJMH
8:32 pm:you must be a really stupid, small person to trash Gail Levine like that. She works harder on her cases than anyone else does. Let me ask you this: if someone murdered your loved one, who in all of the SAO would you want to prosecute the offender? Yep, if you're honest, you know the answer is Gail Levine.
BTDT,
Yeah, robbers don't wear bullet proof vests that say police. BTDT your comments get more bias and bias. Why don't you lobby the Florida Legislature to do away with Defense counsel and trials all together.
If my family member had been murder and my motivation vengeance, then I would definitely want Gail Levine as the prosecutor. People who seek vengeance are not concerned with decorum, rules and procedure. Just like Gail. But if I wanted a prosecutor who was going to do things right, ethically and make sure that the Defendant doesn't get another bite at the appeals through an appeal, then I would want Reid Rubin and Laura Adams as the prosecutors.
142..........LOL. Funny how you can't look at this objectively and logically. And, that you're making an emotional argument and talking about bias when it's clear you're the one with the blinders on.
I have always said that EVERYBODY is entitled to a fair trial and that our system needs major reform. I'm not going to apologize because I don't hate the police or think they're all a bunch of liars and scumbags because of a few bad apples.
They did nothing wrong in this case and I find the whole blame the victim crap more than distasteful. It's one thing to argue in court in defense of a client (that I totally get), it's another to spew nonsense on a blog. This was not a case involving "defense of others."
BTDT
So BTDT let me get this straight: the police are wearing bullet proof vests with the word POLICE on the back? How is that possibly enough notice to the deceased who sees the police face to face?
The police are not perfect: they execute warrants on incorrect addresses; they steal money from dope dealers; commit crimes; act as pimps; beat their spouses / significant others; accidentally kill people in the execution of a warrant on an incorrect home / business; etc.
Furthermore, criminals never wear bulletproof vests, never wear fake law enforcement clothing, and they always act like criminals. My guess is that real criminals act the way real criminals are supposed to act, as opposed to the police who never act like read criminals even though they may be.
The police are necessary but don't for one minute think that they are above the law.
The real tragedy here is that because the cops killed this guy we will never know what he was thinking at the time of the shooting. My guess is that had he killed one of the cops and was captured alive, you and all of your buddies would discount his story.
And everyone in jail is guilty!! Yeah right.
Rumpole, yesterday I sent in a message on this blog about Alcee Hastings, an impeached judge being an endorser for Hirsch when he ran for judge. Why didn't you post it? It is a fact and is in public records. Why do you always protect Hirsch? Isn't there a saying, you are who you are by the company you keep. The public has a right to know who Hirsch associates with and what kind of person he really is. This blog is supposed to be an open forum. What I am saying is not made up, but a fact.
I am so sick of hearing about "BRAVE" cops - here are the to six most dangerous jobs
Fisherman (121.2)
Loggers (102.4)
Pilots (57.0)
Farmers and Ranchers (25.3)
Police Officers (18.6)
Construction Workers (15.7)
The numbers represent deaths per 100,000 workers.
Take traffic accident deaths out of the mix (we know police officers love to call a simple traffic crash not related to apprehending a criminal, i.e., going to or from work like everybody else and call it "killed in the line of duty.")
Do we spout off about brave fishermen, loggers, pilots, farmers, construction workers?
Do we owe them thanks for the job?
Yes.
Are they "heros"?
Nope.
Do some do heroic things in the line of duty?
Yes.
On judicial overrides, Rumpole, my recollection is that every single one that has happened in the past has resulted in the Florida Supreme Court reversing the override and resulting in a sentence of life imprisonment.
If that is not correct, I am sure someone knows a case they can cite.
Captain Out
captain4justice@gmail.com
8:08
Even on a blog where most of the viewers may be defense oriented, you are going to be the minority opinion here. This guy was not the Fedex guy making a delivery getting caught in crossfire. He was a drug dealer exiting a house with 100k in marijuana growing inside. Dangers of the job, I guess.
Wasn't Spenkilenk a judicial override?
9:04. Where does it say this is an open blog? This is my blog. I own it.
Your Obsession with Milt probably arises from your affliation with that defendant who fled and was caught on the dui homicide. I get you're upset. But enough is enough.
Cap- Bolender. 12-0 life rec. override and execution.
There have been at least 4 executions where the judge overrode a life rec. Bolender, White, Dobbert and Francis.
9:52, you are actually way off...the job is less dangerous than what you say because your numbers include traffic crashes
From Police Chief Magazine:
"Seventy-three law enforcement officers died in traffic-related incidents in 2010. These LOD deaths represented a 37 percent increase from the year before. Although the 2010 totals were a significant increase from 2009 and they approached the record high of 84 officers killed in traffic-related incidents in 2007, they do not, unfortunately, represent an anomaly. For the 13th straight year, traffic-related incidents were the leading cause of LOD deaths.
By comparison, 61 officers were shot and killed in 2010—an increase of nearly 25 percent from the prior year. According to data from the NLEOMF, for the prior 10 years, an average of nearly 57 officers died each year as a result of a firearms-related incident. For the same time period, an average of 72 officers died each year in traffic-related incidents."
In other words, cut the LEO death rate per 100,000 in half to remove traffic crashes and their jobs are less dangerous than garbage collectors, truck drivers and roofers:
http://finance.yahoo.com/news/the-10-most-dangerous-jobs.html
8:08,
After watching the video, i wish I had the benefit of the audio.
I think he may have been able to see POLICE on the back of the vests but he might not have know they were 'legitimate' police. and yes, BTDT, crooks have police vests too.
But I did find it agonizing watching him laying on the ground for at least a full five minutes before there was any attempt to help - and video ends before we see how long it actually was.
It seems like the police were still waiting out the friend but the fact that no effort was made to help this guy was awful to watch.
I would hate to be a roofer in so fla in the summer. or a garbage collector.
Those guys have hard jobs.
but just like the roofer that screwed me over before he finished the job, some police officers are better than others.
There are good cops and bad cops. We have seen them all here in SoFLA.
But to say being cop in SoFLA is not dangerous is silly. Walking, Driving, doing business, Living in SoFLA can and IS dangerous.
Being a Cop is VERY DANGEROUS and if Defense lawyers step back from their cases, they should see it.
When I call 911, it aint for a client.
The Fox
BTDT,
If your a Defense attorney your clients are so fucked. You are punking your clients by dceiving them to believe your in their best interest. In essence your no better than a common crook.
Rumpole 16:00 PM It will never be over until the truth comes out about Hirsch and his lies under oath in court. The truth will come out.
In response to my previous message at 10:07 PM May 17, 2013, I failed to mention that I am not "affiliated" with the DUI case that you mentioned. I just have been following it, have read everything about the case and believe the client is telling the truth. I feel for this young man in trying to get the truth out.
If police wants to avoid confusion in situations like these, they should always have green-and-whites on the scene. The marked units with uniformed officers would let drug dealers know it's not a drug rip-off by rival druggies posing as cops.
The felony murder legal fiction, old as it is, should be abolished once and for all because of its built-in manifest injustice. In this case, the defendant charged with felony murder surrendered peacefully and was arrested without incident. The deceased came out shooting independently and without any participation from the arrested man and was killed by police, but now, due to the felony murder legal fiction, he stands accused of a death he had no part in causing.
I'm a former ASA and can tell you this about Gail Levine: one time I went to pick her brain on an evidentiary issue I was having while at trial. Was she helpful? F uck no. She was condescending as hell and rather than help she went out of her way to make me feel stupid for not knowing the answer. Gee, forgive me for not having practiced as long as you have nor tried as many cases and for actually coming to you for help. F uck that, never went back to her again. I've seen her at trial, there's nothing amazing to her. Don't forget that she basically gets to cherry pick her cases and that most judges defer to her.
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