HE SAID WE SAID GARY SAID

Hmm....."a disturbing internal change in focus" re the Dade County State Attorneys Office. 

Not our words. A respected former prosecutor's words. Read on McDuff.,,

Anonymous said...

"IT'S A BAD TIME TO BE A VICTIM IN FLORIDA" - A Response

I usually go to this Blog to read an entertaining, or thoughtful, or learned post from you Sir Horace. The post on Tuesday was none of those.

First, as one of your few mistakes you make annually, NO, the FACDL Awards Banquet is NOT this weekend. That event is scheduled in May.

Second, your diatribe that fails to mention the name of the ASA; (we all knew exactly who it was as soon as you posted it - and if you didn’t know - all you needed to do was Google the LOP Face Book page to view the invitation to the event) - is ridiculous. If you are going to call someone out and criticize them for what they have done - then at least have the courage of naming them. What’s your point with criticizing them, and then avoiding identifying them by name? Were you attempting to be noble or fair? Your post was a harsh and direct criticism of someone who you have no love loss for, you have a history with, and you disdain.

Third, as for your history with that individual. You have a “conflict of interest” that should be identified, but we can’t do so, without identifying the ASA, and, You. But anyone who has been in the GJB and knows what goes on daily, knows of the conflict I write about. That conflict alone, should disqualify you from penning an objective narrative of what was said at the LOP banquet this past weekend. (Having said that, I am well aware of this person’s history with the Bar, and it is not a pretty one, and personally, I have never cared too much for the person either).

Fourth, you write:

“Every single case handled by this current State Attorneys Office is based on the plea offer the victim wants, whether or not it's grounded in reality. Prosecutors have abandoned their constitutional mandate to do justice, deferring to the irrational demands of victims who are admittedly traumatized and entitled to be angry and seek vengeance. But ours is a justice system, not a vengeance system, although the current State Attorneys Office doesn't act like it. “

WRONG. I recently represented the family of a victim who was killed by a drunk driver. A father died and the child wanted justice. They wanted the punishment to be as harsh as it could possibly be. But, the ASA would not have it. The ASA pointed out the legal issues they were faced with and ended up providing a sweetheart of a deal to the defendant. The victim’s child was not happy. The defendant took a plea just in the past couple of weeks after that case had been continued a total of eight times - all defense continuances.

So, when you write that “it is not the defense attorney’s fault” that the case took years to proceed to trial/plea you are wrong. It is much worse to be the victim in this case than it was to be the defendant. The defendant has a future. They will get out of prison in a much too short a period of time. The child, on the other hand, has lost their father for the rest of their life. Trust me, “in the scheme of things” (your words), it is much, much worse being the victim.

Thursday, April 04, 2019 8:12:00 PM

And we replied, inter alia 

12 PM I hope your hangover is not too bad. If you email me, I'll remove your ill conceived and embarrassing comment. You don't know me. You have no idea if I have an issue with that ASA- although granted, he has pissed off most of the defense bar which he was a long time ago an alleged member of, so granted just throwing darts at all defense attorneys, you're likely to land on someone his conduct has offended. And we can contrast that by legions of ASAs who were more successful, and more respected. David Gilbert. Gary Winston. Howard Rosen. Reid Ruben. Laura Adams. David Waksman. Abe Laeser.

AND THEN GARY WINSTON SAID....

Gary said...

Thank you for the compliment, Rumpole. You including my name with the other talented prosecutors I consider an honor. I left the SAO not because of my age, but because of a disturbing, internal change in focus. Nonetheless, I believe in KFR, who joined with me to develop a Continuing Justice Project unit focused on wrongful convictions. Others, however, said "no", so I left.

After all, real prosecutors work for True Justice/Continuing Justice, not merely convictions, even after convictions. Often times, putting the wrong defendants in jail is easier than getting the right inmates out.

Gary

Saturday, April 06, 2019 11:48:00 AM