WELCOME TO THE OFFICIAL RICHARD E GERSTEIN JUSTICE BUILDING BLOG. THIS BLOG IS DEDICATED TO JUSTICE BUILDING RUMOR, HUMOR, AND A DISCUSSION ABOUT AND BETWEEN THE JUDGES, LAWYERS AND THE DEDICATED SUPPORT STAFF, CLERKS, COURT REPORTERS, AND CORRECTIONAL OFFICERS WHO LABOR IN THE WORLD OF MIAMI'S CRIMINAL JUSTICE. POST YOUR COMMENTS, OR SEND RUMPOLE A PRIVATE EMAIL AT HOWARDROARK21@GMAIL.COM. Winner of the prestigious Cushing Left Anterior Descending Artery Award.

Wednesday, June 10, 2020

THE STATE ANNOUNCES A NOLLE PROSSE

Your State Attorney sees "no value" in prosecuting protestors arrested for curfew violations. 






Here is what occurs to us:
Tell us State Attorney, the "value" of the tens of thousands of prosecutions for misdemeanor marijuana possession that has occurred during your tenure. Do you know the effects of even a misdemeanor conviction? 

Tell us the "value" of the resisting with violence prosecutions (usually someone just asking why they are being arrested)? The "value" of the Battery on law enforcement prosecutions where the defendant has a broken eye socket and the officer claims a bruise that never materialized? 

We could go on and on. 
But instead, we will help our State Attorney out. Because what she couldn't fit in her tweet about having a heart and dropping the curfew violation arrests, what she couldn't say as she enlightened us with her progressive prosecutorial style, was that there just so happens to be an election coming up where she is on the ballot. 

Don't forget to vote. 

Did we spell Nolle Prosse correctly? It just doesn't roll off the tongue, especially when it comes to the above cases in Dade. 



19 comments:

Anonymous said...

Wow. As the old Italians used to say in Brooklyn when I was growing up, you really are a pebble in her shoe. …

Then they would order the person's thumbs broken as a warning. Just sayin rump.

Watch the LEO's said...

KFR, and Michael Satz north of the border, are the reason why terms limits are necessary in Florida. In many instances she refuses to prosecute rogue and violent cops and spends way to much time and resources prosecuting petty crimes like marijuana and trespassing.

Sir Wilfred said...

Rump,
Hundreds of N.P.s for curfew violations allows KFR to not charge a cop with shooting a civilian. Channel 10 reported this morning that the SAO is NOT charging a cop for shooting TWO separate civilians within One year, due to his self defense claims.

Anonymous said...

No comment about Gleeson's powerful brief?

Anonymous said...

Rump, you keep bashing Rundle.
Do you think her opponent is qualified for the job?

Rumpole said...

Here is why I am pushing Kathy hard. This is her moment. She could be Bobby Kennedy standing on a street corner talking to angry people who just found out MLK was murdered, explaining how he knows their pain because his brother was murdered. She could lead. She could walk with protestors and tell them she understands. She could invite them to speak with her and Don Horn and Nushin Sayfie about their concerns. Instead she is wishing Marco Rubio happy birthday while the freaking city is burning. She is afraid of her own shadow. She won't take a position because the other side will attack her. So while she is mollifying both sides of the issue by being silent, I have taken up the mantle of exposing this cowardice.
She is by all accounts more concerned with being reelected then doing the right thing. Not surprising. Most politicians are. But that doesn't mean we cannot demand better of them. That's what I am doing. I am not campaigning for her opponent. I have not really looked at her ideas to decide if I will endorse her. What I want is for Kathy to make a stand for something more important than dismissing curfew violations.

Is what I am doing offending you?

Anonymous said...

I am a defense attorney and support Kathy's reelection 150%. Show me a better office in the state!


I think we have a great office and some pretty decent prosecutors. I have had some wonderful results. Some have shocked even me with their willingness to do the right thing.

Anonymous said...

Any thoughts on Rebull getting spanked in debate?

Rumpole said...

Can I see the debate?

Def atty- let me tell you the issue I have with your comment "show me a better office in the state"...
The issue is, if she is the best of a bad lot, that does not excuse her failure to lead.

Address the questions I raised- what is the value in the prior marijuana prosecutions?
Or this one- that her office is run by victims. VICTIM WANTS THE MAX is a virus in that office. Any line prosecutor will tell you confidentially they live in terror of a victim complaining because they will be disciplined or fired. Where is the courage to do the right thing when the victim wants the max for a 19 year old first offender who stole their car for a joyride and the victim wants five years in prison for burglary and the state won't make any other offer? Or a cop who cracks a defendant's skull and wants the max on battery on a police officer?

You have examples of prosecutors doing the right thing? Feel free to post them or email them to us.

Anonymous said...

Will KFR drop the Health/Violation charges for people arrested after protesting on the beach during the lockdowns?

Anonymous said...

Defense attorneys supporting KFR should be ashamed. Make sure you let your clients know that you voted for the same person who will not prosecute law enforcement, even when they boil someone alive; the same person who makes deals with defendants to avoid cops having to answer to civil lawsuits; the same person who routinely arrests our black and brown clients at rates exponentially higher than whites; the same person who will not give her line ASAs the discretion to do the right thing. I know non-PD defense attorneys need to make money, but we should still be doing this job for the right reason. KFR hurts our community, she does not make it better. Being the best in a state full of terrible state attorneys is not impressive. We should be demanding more. I'll be voting for Melba.

Anonymous said...

I don't know, if somebody burglarized my house or stole my car, I would probably want a stiff sentence too. At least I would want to know a heck of a lot about the offender before I agreed to diversion or probation. Also, any priors for the same thing? Any violent priors?

I am good with light sentences and diversion, but after a chance or two, me thinks there needs to be some incarceration.

Anonymous said...

Former ASA here.

Rump, have to disagree on KFR's office. It is reasonable to work with on just about every level. Misdemeanors, felonies, child support, DV divisions.

Go up north (not just Broward north. Middle and North Florida north) and see what SAOs are doing for similar offenses.

As far as her replacement when she decides to hang it up, Melba Pearson would be a good replacement. So if KFR retires anytime soon, I'd prefer it be a Melba type than a Mike Satz type.

Anonymous said...

The debates can be found here:

https://www.facebook.com/WDFJBA/

Anonymous said...

Here's the link to the debates:

https://www.youtube.com/watch?v=dX-9zho6BTk&feature=youtu.be&fbclid=IwAR2koPJlaQhEHFCWCKW5taF_37NjXecy4Raa0IjxLvRt0Moj_2LXS124TI4

Anonymous said...

4:29, If, as you state, as a victim you would want a stiff sentence, that's part of the problem here. What a victim wants doesn't always coincide with the law and doesn't always coincide with society's notion of justice. You say you would want to know about priors, etc. That's part of the prosecutors role to help sort out - what penalties are valid under the law and in the situation - not just push for the max becuase the victim is (possibly rightfully so) pissed off.

Anonymous said...

Why are PD State Attorney exempted from term limits?

Anonymous said...

4:28 (aka Melba): your post is ridiculous.

Anonymous said...

Being a victim just puts you in a position to exact revenge against somebody who wronged you.

Everyone of us would gladly put someone in prison if we could simply because they were a dick to us.

Come on, being a victim is the ultimate empowerment.

Unless you are the victim of a serious violent crime, honestly - your input should only go so far. You’re never going to get restitution because the criminal court system is not set up that way and the guy who stole your stereo probably doesn’t have two nickels to rub together. Sorry your car got broken into, that’s why you have insurance, move on with your life.

The only reason KFR defers to her victims like she does is because they vote.

Do you want to remedy this situation? Create legislation that allows judges to offer PTI.