Wednesday, April 28, 2021


 "The series isn't over until the fat lady sings". 

"It's not over until it's over"

Pick your saying.  "It's a long road without any twists and turns."

The Miami US Attorney's office, thwarted by the  outrageous commutation of Philip Esformes mega health care fraud 20 year sentence after a bitter trial, studied the chess board, moved a few pieces, and voila! Mr. Esformes is not in the clear yet. In his prior trial the jury hung on several health care fraud counts. POTUS 45 did not grant Esformes a pardon. He commuted his 20 year sentence and the devil is in the details. While Esformes' case winds its way through the 11th circuit, which once a year reverses a criminal case (usually for Mr. Markus), the US attorneys office in Miami announced their decision to re-try Mr. Esformes on the hung counts. 

In other words, the fat lady has not yet sung on Mr. Esformes' case. 

Judge Scola, when he sentenced Esformes called the case once of the biggest health care fraud schemes in the nation. Or words to that effect. POTUS 45 let him out, but he DOJ of POTUS 46 may just put Philip Esformes back in. 

Of course all is not lost. POTUS 45 said he is going to run again. Which means in 2025 he will be able to let Esformes out again if he wins. Stranger things have happened. 

Jay Weaver and El Herald have the story here. 


  1. Weaver doesn't even try to hide his bias anymore.


    Juror in Chauvin case outright admits that jurors in deliberation talked about wanting to hear the defendant testify and that it was "to his detriment" he exercised his right to remain silent.

    1. Appellate lawyers better get cranking on this issue

    2. Every jury feels this way. We let our clients maintain silence at great risk

    1. For me there was reasonable doubt about the cause of death. The problem is the cop looked like a nazi and nobody likes asshole cops. Even if the case gets reversed which it should, he’s gonna get ass banged in jail. God save the Queen.

  3. As for 1, good luck with that.

    As for 2, you're making the assumption that your clients would be good witnesses.


  4. The Captain Reports:

    Parking Ticket Cases Now Heard in Zoom Court

    Thanks to a collaboration between the Miami-Dade Courts and Clerk of Courts Parking Violations Bureau, individuals who contest parking tickets and request a court hearing will be able to submit their evidence electronically and participate in their hearings via Zoom.

    Parking ticket cases are heard on Zoom every week on Mondays and Wednesdays, from 9:00am to 12:00pm.

    Drivers who receive a parking ticket they wish to contest should call the number on the ticket to request a court date. Once the case is set for court, the Clerk’s Office will mail the driver a hearing notice containing the Zoom ID and instructions for submitting evidence online, prior to the hearing. A sample hearing notice is attached.

    During the pandemic, the Clerk of Courts Parking Violations Bureau has taken additional steps to make it easier for individuals to conduct business without coming to court – such as providing email and telephone services that formerly were provided in person, and by accepting scanned, emailed copies of documents that formerly had to be originals presented in person.

    For more information on resolving parking tickets, visit the Clerk of Courts Parking Citations web page, or call 305-275-1133.

  5. They will do away with that quickly. It makes it too easy to contest.

  6. Trump should have made the pardon include all charges, even the ones that the jury deadlocked on. This is what happens when you don't do the research and go over the paperwork.

  7. 1:36PM----The trialmaster disagrees. He has won rape cases on consent, murder cases on self defense- conspiracy drugs and money laundering cases and political figures without putting the defendants on the stand even when they would make outstanding witnesses. If they testify it takes away the reasonable doubt instruction and the issue now becomes does the jury believe the defendant or is the defendant trying to put one over on the jury. This should be covered over and over to voir dire and closing. My trial tip of the day.

  8. @5:58 there WAS no pardon. Trump commuted the sentence. You cannot commute a sentence not yet imposed.

    "This is what happens when you don't do the research and go over the paperwork."

  9. I agree with the trialmaster here.

  10. @10:39

    Then Trump should have supplemented the commutation by issuing a pardon for the deadlocked charges for which Esformes had not been convicted but which remained pending against him. If Trump had intended for Esformes to be able to go home without anything still hanging over him, he still didn't do his research.

  11. Trump didn’t do homework or go over the paperwork!!!??? Shocking!