Tuesday, June 14, 2022

IN PRAISE OF JUDGE TINKLER MENDEZ

 The story broke Tuesday by superstar reporter David Ovalle on his twitter @Davidovalle305 (no use linking to an article behind a firewall)  that MDPD police detective Armando Socarras pled guilty during a bench trial before Judge Tinkler Mendez. Socarras was caught stealing $1300 cash during a fake drug bust set up by public corruption detectives. The prosecution- rightfully so- was seeking an adjudication and prison. Judge Tinkler Mendez declined to follow the recommendations of the prosecution and sentenced Socarras to twenty-four months probation and withheld adjudication. 

Here is why we support that decision. 

First, what Socarras did was reprehensible. And we sincerely doubt this was his first rodeo. Cops have been stealing money from contraband busts ever since Al Capone was running booze during prohibition. In federal court, the land of no-mercy, there are enhancements for public corruption by police officers which would have boosted the almighty federal guidelines into a severe prison sentence. The 18 USC 3553 factors would have also supported a prison sentence under the "send a message" theory to other corrupt police officers, which we imagine there just might be a few more in the Sunshine State. 

And of course there is the defense attorney mindset of punishing a cop who has been responsible for so many defendants going to prison. If he stole money, maybe just maybe he lied on an a-form! Judges everywhere reading this blog are gasping at that last sentence. How many times have judges based their decisions denying motions to suppress on the theory that "this officer would not put her career on the line to lie in this case." News flash- yes they would and they do all the time. 

So lets start with the proposition that the prosecution's request for a year in prison and an adjudication was, if anything, lenient, perhaps reflecting Socarras's plea, albeit at the very last moment. 

Now we turn to the sentence, issued by a Judge affectionately called "Tink" by the denizens of the REGJB. 

This was a first offense (or at least a first arrest). The defendant had significant money pressures. Although it hurts the public perception of law enforcement, he stole drug proceeds, not the life savings of an elderly person. Socarras faces the loss of his law enforcement credentials, if he hasn't lost them already, and the loss of his career. He has admitted his responsibility and appears motivated towards rehabilitation. 

Our point is this. There are tens of thousands of defendants every year in a similar position to Socarras. And probably five percent of them get the type of mercy shown by the judge here. The rest of them. a large majority of them most likely African-American young men, have their life thrown into the gulag. Sent to prison, they emerge hardened and more bitter. Unable to get a job or public housing, their limited future narrows even more. Judges send people to jail for up to a year for misdemeanor and traffic offenses for goodness sakes. How many people in Socarras's position receive the type of reasoned mercy and a sentence that Judge Tinkler-Mendez issued? 

The answer is far too few. And this is the starting point. Good lawyers should  now repeatedly tell felony judges how Officer Socarras got a withhold and probation while stealing from a crime scene. "And if he got that sentence then why isn't my client entitled to.....(fill in the blank)? "

For years we perambulated around the REGJB on bond hearings telling Judges that Joyce Cohen got a bond, so why can't my client get a bond? This lasted until the current crop of thirty-something judges would stare at us blankly, having been in diapers at the time of the last great murder trial in the REGJB. 

The point is we hope and want our judges to be more than human calculators, adding up points and issuing a top of the guidelines sentence because while we all know there is NO SUCH THING as a trial tax, it just so happens that in this case, despite the pre-trial probation offer, ten years prison is the right sentence here. 

We applaud Judge Tinkler-Mendez for her bravery. It isn't easy to show mercy when the public is watching. People want the death penalty for all crimes, until they or a loved one are charged, and then they cannot understand why the punishment is so harsh. 

Let's hope this is the start of a trend of treating people a bit more humanely, especially in non-violent crimes. If Socarras gets in  trouble again, it most likely will not be a violent crime and he can still be sentenced to prison. Without a badge he does not represent a danger to our community. 

Let's see what happens in other cases, and if you have a case similar to this one where the Judge wants a five year prison sentence, let us know. The door swings both ways on praise and public criticism. 


22 comments:

  1. Rumpole - it has to be on a case by case FACTUAL basis and consideration. No blanket policy of just “let’s all be more lenient on admitted criminals.” Otherwise - we will have a new State Attorney voted in with a soft on crime “San Francisco” policy that obviously has been anarchy in the big liberally run cities.

    This officer was CORRUPT and that is disgusting and a violation of his oath.

    Maybe Judge Harvey Shenberg should have gotten probation instead of 14 years of maximum security Federal Penitentiary? He had significant financial issues and that is why he took the FBI bribe? What’s the difference. Under your theory, he was railroaded.

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  2. Tink fan club forming now.

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  3. I get your point. Let's remember Harvey didn't sell court appointments, which the other judges did. He knowingly sold the name of CI under the belief the CI would be killed. For that he deserved prison, as well as the large conspiracy of corrupt judges doing what they did affirmatively hurt the entire miami criminal justice system and the judiciary for a long time.

    If you read the blog post carefully you will see we have definitely and affirmatively said Socarras DESERVED PRISON. He does. But applaud what Tink did, and if good can come of it, it can come from other defendants also getting a break, which is what criminal justice needs. Less or no prison for non-violent crime. And that being said, corrupt judges and police officers should routinely be sent to prison.

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  4. Ink a dink a bottle of ink has nothing on THE TINK

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  5. I represented former judge Phillip Davis in a 3.850 motion a few years back. Davis was sentenced to 20 years in prison for a first offense theft case, he was alleged to have overbilled while running a diversion program for Miami-Dade criminal defendants that the SAO contracted with. The alleged overbilling/theft was more than $1300 but less than $100k, I think about $60k over years. It was a first offense, of course, because Davis was notoriously acquitted during Court Broom, where his defense, presented by Alcee Hastings, was that he was too impaired on the bench by his cocaine addiction to knowingly accept bribes. Everybody knew he was really being punished for getting off in Court Broom, not for the first offense theft. We lost the 3.850 motion and Davis is still serving 20 years for the first offense theft. This story reminded me of that case for whatever reason.
    Dan Tibbitt

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  6. Tink's participation (and accomplishments) in Veteran's Court says all that you need to know about the quality of her being a Judge. Additionally, her lengthy tenure of trying cases for everybody else also has defined her legacy. Whether she gave leniency or would have been strict, Tink has earned her stripes enough to defer to her excellent judicial discretion. Of particular note is that she has never become complacent but, rather, keeps on improving...big props to that!

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  7. Those who engaged in predatory lending in mortgage originating markets (issuing risky mortgages) and securities fraud in the mortgage-backed security issuance and underwriting markets (shadow banking and finance), with junk collateralized debt obligations (CDOs) got nothing. They caused worldwide financial ruin in 2008 onwards. They never saw a day of prosecution, jail, probation, zilch.

    So considering Armando Socarras got sentenced to something, don't worry, be happy!

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  8. Dan I know about Davis’s case. I know the broward Asa’s wanted about 3-5 years. No doubt Davis got a gift in Court Broom and then got into some trouble in California before the fraud case in Miami. He ripped off a charity. He should have known better considering his court broom acquittal. That being said his 20 year sentence was outrageous by a judge who I think has little compassion for any defendant. 3 years would have been more than enough. I saw your rule 3 and I was hoping it would be granted. I have little love for Davis but his sentence was not close to being commensurate with the crime.
    HR

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  9. There are stories of “Joe Durant” leniency that went too far. There are stories of Judge Morphonios and her organized crime crew of corrupt judges sentencing non violent convicted criminals for decades to cover up their throwing out drug kingpin defendants on “technicalities” when bribes and favors were offered.

    Both were wrong.

    We just need free thinking, non political and honest judges to be compassionate and merciful when the facts support it.

    No more Peter Adrian type judges. Rumpole, do you remember his sentences?

    Judges, please do what is right and just. Don’t be overly harsh to wear it as a narcissistic badge of honor. Just be fair.

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  10. I applaud any Judge who has the courage of their convictions especially if it leans towards towards mercy. That too often is the hardest challenge.

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  11. Google Miami Judge Steven Robinson. In a horrible kidnap murder where a victim died from being duct taped. The jury recommended death and Robinson overrode and gave them life.

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  12. DOM says you can’t win a Plea. Thoughts?

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  13. the defendant is a person of color and a victim of systemic racism by white supremacists. he was set up to take that money by a *white* person. the investigation is corrupt, so is the prosecution. the whole set up was to humiliate a brown man and further brutalize our communities for daring to exist. what he is supposed to now say "thank you" to whitey? Um, no.

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  14. Joyce was originally given a one million cash only bond. The 3ds reversed it. The proof was not evident nor was she a flight risk. In fact, she may actually innocent according to 2 co-defendants who refused to accept a generous pleas deal to testify against her. The conviction was the result of prosecution misconduct and a terrible defense that was put on.

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  15. Is Joe Durant related to Kevin Durant?

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  16. Hey Rumpole. Do you think that TESLA will win long term in the EV space?

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  17. "What I can do can do no hurt to try
    Since you set up your rest ’gainst remedy.
    He that of greatest works is finisher
    Oft does them by the weakest minister.
    So holy writ in babes hath judgment shown
    When judges have been babes. Great floods have flown
    From simple sources, and great seas have dried
    When miracles have by the great’st been denied.
    Oft expectation fails, and most oft there
    Where most it promises, and oft it hits
    Where hope is coldest and despair most shifts."
    - Helen, Act 2, Scene 1, All's Well That Ends Well

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  18. Yes as to Tesla but if I was buying an auto company now it would be Ford at 12

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  19. Doesn't affect the stock price or what I think the company will be doing for the next few years. Trying ordering a Ford electric truck? They closed the waiting list.

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    Replies
    1. Actually I tried … unsuccessfully. Maybe you are on to something here.

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