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Monday, January 13, 2020

PEARSON V RUNDLE 2.0

So here we are, the first full week of the rest of the career of Miami State Attorney Kathy Fernandez Rundle. 

There is a lot of discussion about whether the career of an assistant state attorney is as fulfilling as it used to be. Those of our readers with gray in their beards and hair, and a shuffle in their step, wax poetic about their careers under Richard E Gerstein and Janet Reno (we just know that at this very moment there is a young pd, asa, and judge saying to themselves 'wait a second, Richard Gerstein was the State Attorney??? I always wondered why they named the building after him.'). 

So we are going to put up a poll. Unscientific. We cannot police it. But we are asking ONLY ASAs to take part in it. 

Your career as a prosecutor is .....
(  ) more rewarding than I expcted
(  ) about as rewarding as I expected 
(  ) less rewarding than I expected, I hate having to ask permission to use the bathroom. 

While the happiness of the employees is not a yardstick by which a office should be evaluated, it is a factor and one that should play a part in the upcoming election. 

Meanwhile, the defense bar can chime in this week on how many times the prosecutors in court say "victim wants the max". 

It's time they pay a price for abandoning their constitutional responsibilities. 




14 comments:

Anonymous said...

I saw Melba P on channel 4 on Defede Sunday morning. She is campaigning w a vengeance.

Anonymous said...

Why in the world would they waste County Court Judge Michael Hanzman in the complex business division?

Bring him back to DUI court. He could make a real difference. Moreover, why won’t the Governor elevate him already. He has paid his dues and is well liked. Yes?

Anonymous said...

Less

Anonymous said...

@11:42 - this must be trolling. Hanzman is a circuit judge and has been since 2011. He was never a county court judge. He's in complex business because he is well respected and that's a tough gig that needs a smart, no-nonsense judge.

Anonymous said...

Its as rewarding as any other job in the law. Being a lawyer is a terrible career choice.

Anonymous said...

Only in Miami can a former head of the "career criminal unit" be viewed as progressive.

Anonymous said...

Bad survey. Should be rewarding, okay, not rewarding. My experience was rewarding.

Anonymous said...

You are right. I had a DUI and careless driving case in front of Hanzman. He was very good. He limited the testimony of the arresting officer. The jury still found my client guilty and Hanzman sentenced him to what the prosecutor requested.

Anonymous said...

"victim wants the max" syndrome is widespread at Miami SAO and stems from DCs and high ups not trusting their ASAs, who in turn are too afraid to make a decision due to career and political consequences back at Graham. Line ASAs and DCs who exercise independent thought run the risk of being ostracized.

Anonymous said...

In fairness - victim wants the max was something I needed to say at arraignment from time to time or during initial discussions because that was what was noted by prefile attorneys. When trying to compile a plea offer after that point, we would reach out to the victim, discuss the case and process and obtain a reasonable plea offer.

I cannot recall ever not having the ability to offer something reasonable, it just takes some effort to explain things, or if necessary, obtain approval.

The flip side to this is pleading burglary of occupied dwellings to probation - that is something that should very rarely happen. If some dude wants to break into a home with people there, he should go to prison. And, if he does it again later, he should go to prison for a very long time. Violent criminals, or those willing to victimize people in their own homes should be locked up, and if they repeat, get sent to roc court and get jacked at sentencing.

Criticize it all you want, and the criticism is valid, but there really is no mystery why violent crime fell so much after min mans were introduced - it is because preventative detention works...it does also shatter a ton of lives and inflict unintended harm, but then again, these are the types of things that any society needs to balance - not sure what he correct balance is, but we shouldn't be so naive to say that there is no benefit. Also, if some guy gets shot or stabbed by another one in a robbery - I am okay telling the judge that the victim wants the max.

Anonymous said...

Couple of responses to 9:41-

1- I just tried a manslaughter that should have been resolved because "victim wants max". Could not even get a sit down with an SAO supervisor on the issue because "victim wants max". Won the case (so I'm not putting my name or people will attack me as bragging) but it should have been resolved.

2- The days of stranger burglary of occupied dwelling being common are rare. You know that 98% of those cases are domestic or related to some stupid incident where there is a party and the parents throw everyone out and some kid crawls in through a window to get the cell phone he left. Or its a DV case and a H or W is upset and breaks back in the house to get their treasured lamp or rug.

3- In physical violence cases it is more understandable about a max request, but again there are times its a legit self defense case and the complaining witness is a bad person using the criminal justice system as a game.

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Anonymous said...

9:41 - for cases and situations like that you are basically right the problem is when "victim wants the max" becomes an excuse or crutch to not think critically about a case. new inexperienced ASAs may find it intimidating to bring a case up to a narrow minded supervisor but this is a top down problem. certain supervisors at Graham are superb and we all know who they are about this but their numbers dwindle.

Anonymous said...

The election is upon us, Melba Pearson has the national progressive wing on the Democratic Party supporting her and big out of state money from Soros and BLM.

Old haggard recalcitrant Kathy Rundle has 27 year history of racial injustice and inequality. She’s backed by the local Democratic Party machine and establishment, it’s not enough anymore.