JUSTICE BUILDING BLOG

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.

Tuesday, August 10, 2021

NO MAS

 On June 20, 1980, Roberto Duran and Sugar Ray Leonard fought for the welterweight title. In fifteen brutal rounds Duran won a close but  unanimous decision. Prior to the fight Duran  got into Leonard's head, questioning his masculinity (including telling Leonard at the weigh in he was going to screw Leonard's wife after the fight) and causing Leonard to abandon his movement and jab and fight flat footed against perhaps pound for pound the toughest and meanest slugger in boxing. It was Leonard's first loss in the ring. 

The first mistake Duran made was being baited into a quick rematch- November 25, 1980- five months from the first fight. Duran spent most of those months partying and enjoying his victory; Leonard went into purgatory and trained like a monk. The second meeting was much different. Leonard fought his fight, moving and jabbing and frustrating Duran and beating him like he had never been beaten in the ring before.  By round 7 Leonard was taunting Duran, winding up his right hand as if to throw a bolo punch, and snapping Duran's head back with a vicious left jab. In the closing moments of round 8 Roberto Duran, who had the nickname manos-de-piedra (hands of stone) did the unthinkable: he quit.  Duran was a great champion, but his legacy is forever tarnished by quitting in the ring. 

Which brings us to US Gymnast Simone Biles.  Biles also quit, and we find that indefensible. She is being made the poster child for mental health. HA. Our view is, if she was ill, then just  as if she had a bad knee or covid or cancer, she should not have tried out for the Olympic team and taken the spot of a young woman who was fully able to complete. Rather than be celebrated for her quitting  (and some how her quitting is being equated with respect for mental health; it is not. She quit and it has nothing to do with the fact that mental health are serious issues needing serious treatment), she should be shunned. A winner never quits and a quitter never wins. By taking a spot on the team when she knew she was having mental health issues Biles was just being selfish. 

The excuse Biles gave was about the pressure and expectations of winning a gold medal. Pressure? YOU ARE AN ATHLETE COMPETING FOR A GOLD MEDAL. OF COURSE THERE IS GOING TO BE PRESSURE. The essence of competition is pressure. Biles is not some 12 year old school girl being pushed into competing by over-bearing parents. Biles is an adult, she is a professional (no emails about gymnasts being amateurs, there are no professional gymnast leagues; she is well paid for her endeavors)  and responsible for her decisions. You do not want pressure? Then go work for Starbucks as a barista for fifteen bucks an hour plus benefits instead of turning your success into millions of dollars of endorsement payments. 

"Hi I'm Simone Biles, and when the pressure is on, Firestone tires blowup, because these tires, like me, just cannot stand the pressure."

Gee, how would she feel if she got Covid and the doctor responsible for intubating her quit in the middle of what can be a difficult procedure because of the pressure? 

"Sorry Judge, I know closings are set for today in this capital murder case, but the pressure is getting to me. So how about we all take a few days as a breather and see how I feel on Thursday?"

Part of being a professional is dealing with pressure. It is what distinguishes the good from the great. 

We are sympathetic for Ms. Biles and her illness. We have no sympathy for quitters and she should not be celebrated for quitting (and spare us  the indignant emails about the dangers of jumping around on a padded floor. Boo hoo hoo). 


Here is the video of round 7 when Leonard humiliated Duran and then the moment in round 8 when Duran quits. For those of you under 40, the person announcing the fight was the great Howard Cosell.

34 comments:

Anonymous said...

Biles is not battling mental illness. She had "the twisties." Couldn't figure out which way was up when doing flips.

I'm sorry. This isnt mental illness.

Gee i wonder what is it about biles that the media would create for her a totally fictional "mental illness"....anyone have any idea?

Anonymous said...

During the all-around team finals, Simone Biles planned to perform a 2.5-twist vault; however, she stopped midway after performing only 1.5 twists. She bailed on her vault because she was experiencing the so-called "twisties" (a loss of spatial awareness), which apparently causes disorientation and which results from a loss of concentration or some other mental block. Losing your ability to focus or control your body while competing in gymnastics -- no matter the reason for the loss of concentration -- can result in serious injuries, including paralysis or death.

I have not read any articles indicating that Biles was experiencing the twisties when she tried out for the Olypmic team or at any point during training prior to the Olympics. As far as I can tell, she first started experiencing them after preliminaries. https://www.nbcsports.com/northwest/tokyo-olympics/simone-biles-opens-about-twisties-olympics-timeline-and-experience

Assuming that timeline to be true, I respectfully disagree with your position that "[b]y taking a spot on the team when she knew she was having mental health issues Biles was just being selfish." To the contrary, I think Biles showed maturity and wisdom by deciding to forego glory in order to ensure that she made it out of the competition in one piece. I also have to imagine that it is devastating to put so much time and effort into preparing for something like the Olympics--only to have to choose between competing and your safety.

Anonymous said...

Boxing is barbaric. Cancel.

Anonymous said...

Talk about kicking a woman when she's down....

Anonymous said...


One of the worst takes you have ever posted. You have no clue. For someone who claims to have a high level of intelligence you show your ignorance here more than ever. Time for you to return to your padded reclining chair and yell at the TV.

Rumpole said...

Biles has said that before leaving for Tokyo she knew she was not right mentally. Right there she should have given her spot to someone else. She also said that the pressure of competing is what gave her the “twisties”. Yeah the pressure of cross examining the lead agent in a billion dollar fraud case gives me the twisties too. But I cannot see me telling Judge Moore the pressure is getting to me and perhaps the trial could be delayed a week. Wonder how that would play out.

Anonymous said...

This post is incredibly ignorant. Biles is the best gymnast to ever compete, and trusted herself to know when she could not safely perform. End of story. Your decision to write a post about this decision in this way is disgusting.

Rumpole said...

Gee so being the best at something gives you the right to quit. Let’s hope you do not need surgery and go to the best surgeon who quits in the middle of the operation. Why did she quit? Well in your analysis it was Because she was the best so she had the right to.
Biles may have been the best. Duran was the best. But neither had the heart of a warrior because warriors win or get carried out on the shield. I don’t quit on my case when I’m losing ( well bad example because that rarely happens ) but in all trials some things go bad and the best lawyers know how to survive rocky seas. I am sympathetic to Biles issues. What I am saying that is causing everyone to lose their $hit is that she quit; she was selfish for taking a spot knowing she was not at her best ( could she have had sponsorship deals requiring her to be on the team to be paid ?); and she most definitely should not be celebrated for quitting. If mental health issues are real and serious (they are) then if Biles twisted a knee and couldn’t compete would she be celebrated? No. It would be sad and move on. So why is she being celebrated for having a mental issue that prevented her from competing ? I don’t see it.

Anonymous said...

Worst take ever. Typical of Rumpole. Go back to pleading out you're trespassing cases.

Anonymous said...

As usual, the truth is often somewhere in the middle. Pressure IS a part of competition, and handling that pressure is an inextricable part of the competition itself. All you have to do to understand that is watch golf. Hell, just play golf. I know a bunch of scratch golfers. Almost any course pro could, on calm day away from the cameras, shoot the kinds of scores that Tiger might shoot. But the difference is that Tiger did it when it counted - under pressure. And then one day the pressure for Tiger was too much and he stopped being as dominant as we were used to. And he didn't (and now won't) become the all-time majors wins leader. That's that.

Same with Biles. She's great. But she found her limitations. The pressure is not a sad excuse or a noble excuse or any other kind of excuse. It is part of the competition and she could not handle the growing pressure. Done.

She is not a "loser" for quitting at this point. She won the medals she won - and it is an impressive feat. But there is also nothing to celebrate in her recent quitting. Its just the end. She finally lost. That's that.

the trialmaster said...

I agree with Rumpole. She did not have the heart of a champion. Do we attorneys blame mental illness on the cases we lose? Except for the crazy guy who got suspended who could barely speak understandable English.

Anonymous said...

I will leave criticism of Olympic athletes to those with at least a medal or two.

The only sport I really know is backpacking. And I know that everyone leaves the trail head believing it will be challenging, but that they can make the trip. And then things happen (weather, injury, simple miscalculation). The mature hikers turn around ("quit" in your words; "live to walk another day" in mine). Some of those who push forward make it; some not (trying to cross streams in flood; hypothermia). Whether they survive or not is not the test--they made a bad decision to continue because they put themselves (and those who would have to attempt a rescue) at risk.

Biles said she lost the sense of her body in space. That is a very bad thing when you are flipping through the air. Whether that is caused by mental health issues (possibly from the sexual abuse she suffered), or an inner ear issue, or anything else is irrelevant. At the moment, she could not safely compete. And since she is no longer a girl but a woman, she made the mature decision to not do so.

The "warriors win or get carried out on the shield" mentality is why most armies are filled with youth--they don't know better. I suspect that attitude is why many ASAs and APDs burnout. Old warriors who survive that foolishness know to take a step back so they can live to fight another day. I suggest the same is true of lawyers. Knowing when to retreat, and when to charge is what makes a good lawyer.

In the end, Biles came back when she could and earned a bronze. She got knocked down, she regrouped ("quit" in your venacular), she got back up, and came back and did the best she could under the circumstances. That is a warrior.

Anonymous said...

Methinks thinly veiled racism at play here.

Anonymous said...

Her aunt died in the middle of the competition. Not saying mental health is influenced by one event per se, but under the totality of the circumstances, including those in previous comments, she made the decision to protect both her health and her mind. This was definitely one of my most disheartening posts of yours. Get out there and go try a case!

Anonymous said...

Rumpole, she's not being celebrated for HAVING mental health issues, she's being celebrated for ACKNOWLEDGING her mental health issues openly and showing that it is not shameful to admit to having them.

Anonymous said...

You really have no idea what you are talking about. We all have that experience where you question whether you are spelling the the word “the” correctly or it looks weird. It is a neurologically glitch with something you have complete mastery of...the difference for her is that glitch would cause serious injury or death. Look up the yips...similar situation. Honestly you should apologize and educate yourself.

Anonymous said...

How does any of this discussion, from Leonard/Duran to Simone Biles, constitute an appropriate topic for this criminal lawyers' blog?

Anonymous said...

Usually a fan. Not today. Poor cross-examination does not
lead to death. Performing high-flying routines without control over your body could lead to death or paralysis
(which is conceivably worse).

Anonymous said...

If my heart surgeon narrowly missed clipping a major artery during an open heart operation I would certainly want him to bow out and have the assisting surgeon finish if he thought the next cut would actually sever the artery and lead to potentially catastrophic results.

Rumpole said...

Ahhh at least when Bruce Springsteen yells "is anyone alive out there?" the answer on this blog is YES.
In short order-
3:55 PM you misunderstand what this blog is. Let me clear it up for you. IT IS MY BLOG pure and simple. Read or not. The rules are I write what I want Read it or not. Clear?

1:14 PM her auntie died...boo hoo hoo. Waahhhhh. Athletes have competed during championships when their parents have died. Be a pro.

12:58 PM... my criticism of you is a bit more nuanced. You are an idiot. Please never read the blog again. I hope my thoughts, delicate and nuanced as they are, came through.

Anonymous said...

Instead of criticizing Biles who is truly a GOAT, why haven't you mentioned the Cocaine Cowboys Netflix series?

I think the defense attorneys posting an ad in a prison magazine of potential government witnesses was reprehensible. It was a hit list as evidenced by the murders of several individuals on that list.

They thought it was "cute" and their glib justifications were disgusting. I lost so much respect for Al Krieger and others on that defense team for that despicable stunt and yes, I am a criminal defense attorney-not a prosecutor.

Anonymous said...

I read that she was suffering from a vertigo type ailment which created extreme danger to preform. In that case she made the correct move by stepping out. That lady goes huge and you need all of your senses or it’s probably very dangerous. As for the idiot who called the blogger racist … you are a douche.

Anonymous said...

I think she should have taken herself out if she wasn’t able to sense where her body was in the air, and that decision should be respected.

What bothered me is calling it mental health. Really, they are different things. I don’t want an athlete to believe they have to risk permanent physical injury to be considered tough. Lord knows there are thousands of men walking around with CTS because of that mindset.

Sometimes I would lose some muscle memory and fuck up in a hurdle race or two….and I would push through until I was back in the swing. But that is a far cry from contorting my body in the air and risking landing on my head and killing myself or ending up a paraplegic.

Whether it was pressure that caused her to lose her sense of orientation or a physical ailment, she did the right thing and the fact that she placed long term physical health over a serious risk of physical injury is something that sets a good example for sport…we aren’t talking about storming Normandy.

What is a bad example is calling it mental health. It wasn’t, and that smacks of the excuse that seems to have grumpy rumpy in a huff.

Rumpole said...

I understand this young woman did things no one else could do and that many of her exercises were dangerous if she wasn’t perfectly prepared. But this week she and her NFL player boyfriend confirmed that she was experiencing doubts about her ability to perform BEFORE she went to Japan. So why did she go? I think she had contracts that paid her for maki the team.
Second - assuming she could not do everything I have not heard anyone say she could not do anything. Only that she could not safely do the 47 twists in mid air. So cut it back. Do what you can do safely and be a pro and try your best. Tiger Woods won a major playing in a playoff on a broken freaking leg. 18 holes and he did not quit although he caused damage that hurt him and his career later on.

In the last game of the 1970 NBA FINALS NY Knicks star center Willis Reed was seriously injured in game five and missed game six. The Knicks’ shot at a title was seriously in doubt when he suffered a torn thigh muscle in Game 5 and sat out Game 6 (Wilt Chamberlain had 45 points and 27 rebounds for the Lakers to tie the series at 3-3). “I didn’t want to have to look at myself in the mirror 20 years later and say I wished I had tried to play,” Reed later recalled thinking, so he received painkiller injections in his thigh and limped to the court during warmups. Go ahead and RE read what Reed said. As great as his career was, he is known for game 7 1970.

The crowd already at Madison Square Garden erupted and the Lakers stopped warming up to stare at Reed when he walked out. “When I saw that,” Knicks guard Walt Frazier said, “something told me we might have these guys.” Reed finished with only four points and three rebounds but gave New York a noble half. Reed scored the first four points of the game and Madison Square Garden Knick fans (Rumpole included ) went ballistic crazy. Reed guarded and pestered Chamberlain into multiple missed shots while he was in the game, then flipped the keys to Frazier, whose 36 points and 19 assists wound up as one of the greatest and most overshadowed Finals stat lines ever.

The point is Reed was a champion. He played while seriously hurt and gave his team and fans the boost they needed. There was no quit in him. He never had to look back and wonder “if”.

Anonymous said...

Rumpole is right on this one. Biles is mentally weak. By the way, I hear that in addition to the obligatory bye week in the NFL, there will be a second bye week -- the mental health bye, to let those mental injuries heal.

Anonymous said...

9:27- mentally weak? She was raised in foster care and sexually abused by Nassar, and yet still became the most decorated gymnast in history.

Anonymous said...

On top of everything else, let's not forget Biles had also been molested by Larry Nassar. So think about that before you judge her as being "mentally weak."

https://www.theguardian.com/sport/2018/jan/15/simone-biles-larry-nassar-sexual-abuse-allegations-usa-gymnastics

On the one hand, you keep saying champions are supposed to tough it out and keep going despite the doubts, fears, pressures, and risks. "A winner never quits and a quitter never wins."

But on the other hand, you say Biles should have immediately removed herself from competition or not even tried out at all when she knew she was having mental health issues.

Perhaps Biles did not remove herself from competition early on because she was trying to live up to the "winner never quits" mantra. Perhaps she was trying to tough it out then and grin and bear it like you think a champion is supposed to, and that's why she didn't quit as early as you would prefer? When it came down to the wire, perhaps that's when she finally realized she was not going to be able to tough it out and withdrew?

As a general rule, it's better when unqualified people realize they are not qualified for something as early as possible. But plenty of people try to "tough it out" and think they can rise to the occasion because they drink the "winner never quits" kool-aid. That confidence is not always vindicated.

How many attorneys had doubts about their competence and effectiveness but tried to stick it out anyway? Maybe a few of them achieve that Paul Newman triumph from "The Verdict." But lots of them learn too late when they crash and burn in trial that they really are in over their heads and have no business being in court. Lots of clients would really appreciate lawyers admitting that they are incompetent and unqualified before trial instead of thinking they can tough it out.

Anonymous said...

None of us have any doubt that you Rumpole have never been athletically gifted or competed at a high level. Maybe you can relate twisties to having the shanks while playing your crap game of golf. It comes, it goes.

Rumpole said...

Not golf. Handball. Pickleball. And look for us on Peleton. User name ? Not Rumpole.

Anonymous said...

I love Pickleball! Ring me up for a game Rumpy!

Anonymous said...

Rumpie...all the comparisons you make, surgeons, lawyers, NBA finals, whatever, are apples to oranges.Simone is the best gymnast competing in our generation. Best ever? That's a discussion for another time. But she earned the right to be there.
At some point she felt she was a no go, and stepped aside. Fine. Her call.
But props to her for collecting herself and gritting out the beam finals, snagging a bronze. Not exactly shabby. I think I read somewhere that yeah, she was still dealing with those twisties during those finals. Si I'm sure she felt that pressure. Again, props to her for gritting it out and scoring to that bronze

Anonymous said...

Worse then that is Sal is serving life for Paying his lawyers. Query - if paying a criminal lawyer is legal under 1957f how could Sal be guilty under 1956?

Anonymous said...

Mikey is great at handball also nice hint

Anonymous said...

You are 100% right, she is a LOSER!!!