UPDATE WE HAVE THE ORDER- SCROLL DOWN- to use a phrase from the very first or second blog post we ever did, "it's a barn burner".
You don't tug on Superman's cape
You don't spit into the wind
You don't pull the mask off the old Lone Ranger
And in the SDFL - if you're a prosecutor you do not F with David Markus.
Judge Gayles blasted AUSAs Ron Davidson and Elijiah Levitt (formerly of the county court bench in Miami) for lying to the court about what they knew and when they knew it about a cooperating defendant who the government used to spy on defense attorneys during strategy sessions where the defense attorneys had signed a Joint Defense Agreement.
The Herald article is here. If someone has the order, please send it and we will post it. The most insidious part of the actions of the federal prosecutors is their initial pleadings in which they downplayed what the informant did and what they knew about it. Which- because federal judges do no think prosecutors or police officers ever lie- caused Judge Gayles to first not grant relief in the case.
That ended today when Gayles granted the defense motion for a new trial.
In this latest round it is DOM 1- USAO 0.
Pisoni Order Granting New Trial by Anonymous PbHV4H on Scribd
14 comments:
The order is crazy. Elijah Levitt told OAG that he lied to the judge because he was in too deep so he just put his head down and kept going. That was the literal excuse. The other prosecutor (still employed there!) tried to get the FBI agent to take the blame for him and the agent is like uh no dude you’re the one who told our snitch to report back on the defense meetings I’m not taking that fall for you.
So, where’s the Bar complaint?
I guess H. Ron will be banished to appeals for a few months. Sad.
Those AUSAs need to be disbarred (at the very least).
Wish this info was known before I went to a fundraiser for Levitt while he was on bench. Very disappointed to say the least. Glad he is off the bench and in broward now.
I am ashamed. For Elijah. For the system. For our government who breaks the rules we all agree to share. I can’t rely on anything the government brings me in this case. This case is hereby: Dismissed. That’s what we need to hear from Judge Gayles.
Former judge become AUSA and lies on a material issue ? What a disgrace!
The lying AUSA's should be disbarred and put in jail for their conduct.
Gayles should report them to the Bar
I cannot post a nice comment about judges' private lives even if its a loving and consensual relationship without their individual approval. Sorry blog rules.
This situation is one of many reasons that it's hard to keep faith in the system and expect clients to do the same.
If you feel the need to use the word "consensual" then its best to say nothing. Sorry not sorry.
Doesn’t the US Attorney have some responsibility to find out how this happened and why?
But...but...the government NEVER lies to the court. EL OH EL.
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