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.

Thursday, July 03, 2025

HAPPY FOURTH

 This is actually from the Declaration of Independence. We did not make this up. 

But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security.--Such has been the patient sufferance of these Colonies; and such is now the necessity which constrains them to alter their former Systems of Government. The history of the present King of Great Britain is a history of repeated injuries and usurpations, all having in direct object the establishment of an absolute Tyranny over these States. To prove this, let Facts be submitted to a candid world.

He has refused his Assent to Laws, the most wholesome and necessary for the public good.

He has forbidden his Governors to pass Laws of immediate and pressing importance, unless suspended in their operation till his Assent should be obtained; and when so suspended, he has utterly neglected to attend to them.

He has endeavoured to prevent the population of these States; for that purpose obstructing the Laws for Naturalization of Foreigners; refusing to pass others to encourage their migrations hither, and raising the conditions of new Appropriations of Lands.

He has obstructed the Administration of Justice, by refusing his Assent to Laws for establishing Judiciary powers.

He has made Judges dependent on his Will alone, for the tenure of their offices

He has refused his Assent to Laws, the most wholesome and necessary for the public good.

   He has made Judges dependent on his Will alone, for the tenure of their offices, and the amount and payment of their salaries.

For Quartering large bodies of armed troops among us:

For cutting off our Trade with all parts of the world:                

For depriving us in many cases, of the benefits of Trial by Jury:

For transporting us beyond Seas to be tried for pretended offences:

For taking away our Charters, abolishing our most valuable Laws, and altering fundamentally the Forms of our Governments:                 

He has excited domestic insurrections amongst us…

For taking away our Charters, abolishing our most valuable Laws, and altering fundamentally the Forms of our Governments:


In every stage of these Oppressions We have Petitioned for Redress in the most humble terms: Our repeated Petitions have been answered only by repeated injury. A Prince, whose character is thus marked by every act which may define a Tyrant, is unfit to be the ruler of a free people.Ω and payment of their salaries.            


We couldn’t make this up if we tried. Really. 

Happy Fourth Of July. 

Two dogs, mustard and k etchup, relish, a pickle and some fries please along with a cold one. And some fireworks. 

          


Wednesday, July 02, 2025

HALFWAY DONE

 July 2 marks the half-way point of 2025. We are somewhat hesitant to report this, lest we cause a dozen or more DeSantis Judicial Drones to reflect on their year and how many defendants they have sentenced to the max after losing at trial- mindful of course that there is no such thing as a judicial tax for losing at trial. 

But putting aside the misplaced aspirations of robe wearers to be known as Maximum, how has your year gone? What are your goals for the second half of 2025? 

Rumpole’s Thoughts 

Fight The Power

Rebalance - more resistance training, less cardio. 

Stop work by 7pm on weekdays, 3pm weekends. 

Max of 4 Trulys per week (down from 6)

Finish up those 2023 cases. Time to try those suckers. 

Let go of that Assistant AG who objected to a first extension, and then got hammered by the DCA. We keep wanting to send them a copy of the opinion. “When starting off on a journey of revenge, dig two graves.” 

Listen to all seven of Bruce Springsteen’s new albums - released as Tracks II The Lost Albums. 

And catch Bruce and the E Street In Europe for the third summer in a row. Time is running out. We just missed the shows in Germany and Milan due to a tricky issue in the EDNY. 

Bite the bullet, wait in line and get a cheesesteak at Danny and Coop’s- Bradley Cooper’s joint that is causing such a ruckus in the City food scene. 

And while we are there, catch a few Mets games and make arrangements for playoff tickets. #LFGM

We start so many books, but finish so few. They just aren’t that good. 

Rumpole’s Fourth Of July reading list:

The Admirals. Four men achieved the rank of Admiral of the Fleet- King, Halsey, Leahy, and Nimitz. This is their stories. 

The Fate Of The Day. Second installment of Rick Atkinson’s series on the Revolutionary War. Rumor is everyone in DC is reading this, 

Final, scary thought. We are now, officially and mathematically closer to 2050 than 2000.  

We’ll have another tequila shot please … actually make it a double.” 


Tuesday, July 01, 2025

COMBS VERDICT WATCH

 The jury in the Sean Combs case has been deliberating since Monday. Around 5pm on Tuesday they informed the Judge that they had a verdict in every count but the RICO count. 

What does that mean?

In our opinion, and we hate reading jury tea-leaves, it is not great for the defense. An acquittal is an acquittal. And the RICO count was the most far-reaching count, meaning that if the jury was acquitting Combs it would be the easiest count to reach a NG on. The fact that they are hung on this count, indicates to us that they have convicted him on at least some of the counts, but cannot get unanimity on the far-reaching RICO count. 

All is not lost however. The verdict on the RICO count has significant consequences, including a 15 year min man, (and you know how much we hate min mans), and an exposure to a life sentence. 

Our view on the evidence?  It's complicated. 

This was NOT a RICO case. 

But Combs did a lot of things wrong, mostly using his power and wealth to manipulate vulnerable women. But these women entered into a consensual relationship, and remained despite being manipulated into very unpleasant sexual encounters. But where do we draw the line between culpability and complicity in a complicated relationship? It is a very hard line to draw. 

If we were the judge and had unfettered power to sentence Combs, we would send him to prison. But for how long? Two years? Sure. Four? Yeah....Over five? That is a hard call. Combs used his power. But that is what powerful people do. And having wealth and power is not a crime. Using it to satisfy your prurient sexual interests is also not a crime until a line is crossed. And that line is consent, the age-old question in many sexual crimes. 

This case is a tough one to unravel. 

Your thoughts?