THE CAPTAIN REPORTS:
NORTH OF THE BORDER ... JUDGE ELIZABETH SCHERER LOSES IT, DRESSES DOWN DEFENSE COUNSEL .....
So, my fellow criminal defense lawyers. Have you ever been dressed down the way Judge Liz Scherer jumped down the throat of APD Melisa McNeill, lead counsel for Nikolas Cruz? The incident happened yesterday in a Broward courtroom when the defense surprised everyone by announcing that they were resting their case. Over the course of the past couple of weeks, the defense had called a total of 26 witnesses to the stand. But they had been telling the State, and Judge Scherer all along, that they expected to call upwards of 80 witnesses to testify.
On the link below, from NBC6 Miami, watch the blow by blow action. It includes what can only be described as a second grade cat-fight between the Judge and the defense attorney:
MM: "Judge, you're insulting me on the record in front of my client ..."
Judge Scherer: "You've been insulting me the entire trial ..."
Then share with us your best stories of when you were scolded by a judge the way Scherer scolded McNeill.
Bonus: Name the Judge and the attorney (without using Google) that squared off in the courtroom during a sexual battery trial, when the defense attorney, cross-examining the victim said this:
The attorney slammed two quarters on the witness stand and said, “You’ll dance nude for 50 cents. What would you do for a dollar?”.
Captain4Justice@gmail.com
29 comments:
She was way out of line. I hope the JNC comes down on her, but I doubt it.
That was far too mild to even count as a dressing down.
Judge was out of line berating a lawyer on the record in front of the client and entire world. She probably has an election coming up in 2 years.
Lol, a judge is supposed to be above that type of behavior. That judge came across as immature. That's the type of behavior I expect and saw when I was a first year ASA arguing against my counterpart, a first year APD.
Attorney=Carl Vizzi & Judge=Amy Steele Donner. Judge Donner had developed a deep dislike for Carl, who made her criminal court assignment a livin hell. The trial occurred during her last fulltime week on the criminal bench. The State (represented at trial by future Circuit Court Judge Jerald Bagley) had charged Carl's client with sexual battery on a woman who worked as a dancer/stripper at a coin arcade show. The trial ended on a Friday with a not guilty verdict and one of the most surreal scenes I've ever encountered at the MJB, as Corrections released and exchanged the acquitted defendant for Carl, who Judge Donner found in direct contempt for the quoted passage, along with other things, and ordered into custody before leaving the criminal courthouse forever. Jack Denaro ended up representing Carl, and the case resulted in an often-cited 3d DCA opinion affirming the contempt order. Carl used to get fan letters from incarcerated prisoners in appreciation for his efforts on behalf of his client.
Wild story.
As a PD in juvie, probably my first or second month, my juvie judge - during a plea colloquy - said to my client, "Are you satisfied with your lawyer? He's been a lawyer for like fifteen minutes."
It's going to be life. And even if it's death, its getting reversed on about 50 different appellate issues- namely, how in the living hell is the case still in Broward? Gimme a break. This has been a big waste of time.
Sounds like Norman Haft. One of the all-time greats ever to walk the halls....
This is sort of a pox on both houses thing. Counsel played it wrong, and the judge way over-reacted. Just ugly.
She's a moron. She's posting memes of herself on her Instagram. She said this isn't a game of chest. She didnt know what Juneteenth was. She shows up late all the time. What obligation does the defense have to tell her anything re: strategy. Make sao prep 80 witnesses with the idea the majority are useless is great. Now she gives SAO a week to prepare. Why not say "be ready tomorrow."
She has her job cause her daddy.
That judge acted like a high school kid. She should have kept her cool in front of the jury at least. Why would defense have to let her know that they are resting ahead of time? I get it about courtesy but defense could have had a strategy. That judge is a joke.
Total BS move by the Broward judge. The ASA wasn't much better either. That's typical of how things go in Broward. The judge came across like a spoiled brat. So sorry that the Judge' day was ruined - its not like the PD has the worst case ever and the state is seeking the execution of her client.
If the State had decided to only call half their witnesses and finish in half the time they did and the Defense had said, “But Judge. We aren’t ready with our witnesses yet. We need a 13 day recess before we begin our case”. I can guarantee you the defense would have heard one word from Judge Scherer. DENIED.
She is a joke. You are correct that daddy got her that judgeship. She is a former prosecutor who still thinks she is one. Her rulings have been totally one-sided in favor of the State throughout both pretrial litigation and the trial itself.
Too bad, the defense decided to rest early. Deal with it. State, call you first rebuttal witness. No instead she acted like a four year old.
Footnote. Someone really needs to tell her to lay off with all the makeup. I know she’s on tv everyday and wants to look her best but jeez.
We have not been watching the trial so I think it's best to reserve judgement.
Agree. Judge looks like Tammy Fay with her make up, dying to impose death. If the PDs are any good they will file a motion for mistrial based on her outburst and also ask to question the jurors about exposure to media. Never have I seen a judge so unable to control their emotions. PD should have just said: “20 were enough, evidence came in better than we expected, why should we put on more than we need to and give them a shot at fixing their horrible crosses”.
What possible advantage or advantages did the defense attorney gain by not announcing ahead of time that she rests her case? Can anyone elaborate on this please? I do understand that is her right. She did not have to announce ahead of time.
Chest?
Before sharing feedback, I'd suggest people go to YouTube and watch the ten minutes preceding this exchange. The judge asked several times who the defense was calling next, and nobody would answer her. Then with the jurors walking into the courtroom and within earshot of the lawyers, the defense suddenly announces that it rests.
Say what you want about Scherer, but come on man, that's tacky by the PDs.
Boy did that judge look stupid. I bet there's a recusal motion today and now the biggest murder trial in Broward history will go down to one stupid child like outburst by an idiot judge.
Judge John Murphy
https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=&cad=rja&uact=8&ved=2ahUKEwiy6uHqq5n6AhV7QjABHc2pCgoQtwJ6BAgCEAI&url=https%3A%2F%2Fwww.youtube.com%2Fwatch%3Fv%3DvYHcxNT3GQg&usg=AOvVaw3XInoGBl67VbGoCj5wXzrc
Maybe she is aiming for some type of reality show deal? She needs a professional makeup artist.
8:10 Its gamesmanship. Rattle the state, make them look unprepared, waste their time prepping for wits you will never call. Likely meaningless but maybe they cross one witness poorly because they were up till 2AM preparing for twenty more. Maybe that one bad cross sticks in the craw of one juror and your client doesnt get killed.
But the larger point is that capital defense lawyers are fighting a literal lethal opponent and the judge has no right to logistical kindness and no expectation they should cooperate or play friendly with those holding the needle with the lethal poison.
She's a former career crim prosecutor married to a cop presiding over a school shooter that shocked the nation. That sentence alone is sufficient to remove all doubt, she's advocating for death.
The late great federal judge Joe Eaton gave a good reaming to an IRS agent who was making facial gestures during a federal trial. He warned if he saw a repeat, the IRS agent would be sharing a cell with the defendants. Judge Sepe could give a real reaming as well.
The judge might have jqc issues and certainly gave that mass murdering savage an issue on appeal. Embarrassing.
One of the worst under pressure chokes by a judge in a big case ever! Frankly, the possibility that a judge could fuck up an entire prosecution case with an unprofessional reaction is now reason reason enough to make unexpected “defense rests” announcements. If the case comes back on appeal or Cruz gets life, the judge will be the goat and the defense attorney will have a war story for the ages. Notice how you didn’t get a lot of responses to your requests for similar events. There probably aren’t many in a region with a nice share of robed morons. This judge is the anti-Hanzman.
Setting up grounds to appeal .. strategically waited for jury to start walking in
LMAO go read the Defense motion to recuse. I know that it's written by the defense but it seems that that judge is the typical "whatever you want state. No, no, not you defense. Not you." type of judge.
To Sunday, September 18, 2022 11:45:00 AM: Take a look at the judge's background. Her daddy was on the JNC when she was appointed.
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