MORE SAO SHAME

 What the below email shows is that the culture at the SAO is broken. Witnesses and cooperating witnesses are saying things different than the prosecutors' view of the case and two things are happening. 

1. The prosecutor threatens the witness if they don't change their story. 

2. The prosecutor does not turn over the Brady material about the first version and the change in the story. 

The Miami Dade State attorneys office cannot be trusted. There is a culture of win at all costs and obstruction of justice. It is as simple as that. If they say the sky is blue, go out and check. Because they do not tell the truth. It is a broken office with a broken culture that has zero ethics. 

To be clear- we did not write the following. An FACDL person did. Unlike Miami Prosecutors we have a penchant for not misleading people and telling the truth. The more we re-read what happened, the more shocked we are. This office has fallen from the top to the bottom of the barrel. No judge should trust the word of any prosecutor who operates in this culture of shady deceitfulness. Shame on you Ms. Fernandez-Rundle. Shame, Shame, Shame. This happened on YOUR watch. You are wholly responsible for this and you have DONE NOTHING to fix it. Resign. Now. Resign for the good of the community. 

The lawyers for your office who did what is listed below need to be disbarred. And maybe prosecuted for obstruction of justice. Shame Shame Shame on you. 

I hope Nadia Bayatzadeh doesn't mind me shouting her out publicly because she deserves a huge congratulations! Sometimes the biggest wins occur quietly during morning calendar...

 

As the next saga to the below story from last month, Nadia was able to get the third co-defendant's second degree murder conviction VACATED and DISMISSED today! Everyone who knew the facts of this case knew he was merely present in the car but he was taken advantage of by the State of Florida and became a cooperating witness and a convicted murderer. He would have remained a convicted murderer for the rest of his life... But after the events of last month, Nadia picked up the baton and got HUGE relief for her client! 

...

Congratulations to Michele Borchew, Adam Goodman, Khurrum Wahid, and Alyssa Espinosa.

 

Their clients sat in custody for six years waiting for their day in court, insisting on their innocence. On Tuesday night, after picking the jury in this homicide case, the lawyers received a response to an outstanding Chapter 119 request for communications between the SAO and the lawyer for a cooperating witness. The response included an email between the previous prosecutor and the lawyer for the cooperating witness that was obviously exculpatory and Brady material. In the email, the previous prosecutor explained that she had “met with Michael Von Zamft” and the cooperating witness’s story did not line up with their theory of the case. The previous prosecutor (who is no longer at the SAO) said that if the cooperating witness wanted to provide a second statement, the state would listen – but otherwise the plea would be a long prison sentence. This email was not disclosed to the defense until the Chapter 119 request (and even then, it was disclosed by accident, as it wasn’t directly responsive to the request because it was from a prosecutor who’d left the office).

 

The defense sent the Brady email to the current prosecutor on the case, who did the right thing and dismissed the case yesterday morning.

 

FACDL-Miami has previously expressed to the State Attorney our belief that an independent prosecutor’s office should be conducting the investigation into Michael Von Zamft and we will reiterate that position again. The email discovered in this case continues to show a need for change at the State Attorney’s Office – and we will continue to push for that change.

 

The email that was discovered through a Chapter 119 request is also a great reminder that Chapter 119 can be a great tool for the defense bar. Much of the misconduct uncovered in the last year has been through Chapter 119 requests – so if you’re not already using this tool, I’d encourage you to do so.

 

Congratulations again to Michele, Adam, Khurrum, and Alyssa. Their clients saw justice thanks to their incredible work. I’m so proud to be a part of this defense bar.

FIRST SUNDAY

Warning: there are parts of this post that will make you very uncomfortable, especially if you have a fondness for donkeys. 

 It arrives every year, unpleasant as can be, like a colonoscopy, tax day, or an arraignment before a DeSantis Drone Judge: the first Sunday without football. 

But fear not. Baseball players have reported for spring training, and our annual summer European sabbatical is close enough for us to start making reservations at hotels and AirB&Bs

Let us address a few thoughts. 

There is chatter and a Miami Herald article about an experienced (and non-DeSantis Drone Judge) who rejected a 20-year prison plea offer in a Domestic Violence Attempted Murder case only to have the jury acquit the defendant who had confessed to shooting at the other party. Lesson? One we preach often: be careful what you ask for in life; you may get it.  

Here's a fun immigration fact. What did the new administration do in support of their increased attempts to deport people? Why the obvious of course- fire a bunch of immigration judges. Duh,   The report is here: Judges Fired. 

Several CLI/Law school interns at the SAO and PDs office are mulling offers for top positions at the Department of Justice, as there are almost no supervisors left to do the bidding of the Evil Sith Lord Bove III. 

And finally, this nearly unspeakable act of cruelty. Do fake goods from China worry you? They should. And whatever you do, do not, repeat, DO NOT buy a Zebra from China. Most likely you will get a donkey with black and white stripes painted on. 

All the tragic details are here. 

And the MAGA crowd spends their days fretting about RHINOS. Sheesh. 

Don't be fooled. It's a donkey. 

 

THE DIFFERENCE

 We weren't going to post today. But then we came across a quote and we realized we would never have a better opportunity to show the difference between an ignorant moron and an intellectual. 

The ignorant moron, we call him Moe, you know him as the current secretary of defense Pete Hegseth. 

Moe

Sec Def

Hegseth said this in a speech to Nato at Brussels this past Thursday: 

"We can talk all we want about values. Values are important. But you can't shoot values. You can't shoot flags. And you can't shoot strong speeches. There is no replacement for power." 

Maybe long time and careful readers of the blog will know where we are going next. 

It's a good thing Hegseth was not prime minister of England in 1940. Because before they had enough bullets and tanks and aeroplanes to fight Germany, they had Churchill. And Churchill had the English language. 

In what is our opinion the greatest peroration in the history of the English speaking peoples (Lincoln's Gettysburg address is the greatest speech)  Churchill "mobilized the English Language and sent it into battle." He rallied a nation who had just barely saved its army from capture at Dunkirk. He told a worried island nation that if invasion came they would never surrender. And he saved humanity from Nazism. 

If you want to hear the quote, scroll ahead to 5 minutes. But spend the seven minutes and watch the speech. It changed history.  It did what Hegseth's view of "power" could never do. Because it set the vision for using power in defense of "values" and ideals. 

There is no effective use of power without values and ideal. Ask the Chinese tank commanders at Tiananmen Square. 

This, dear readers, is the difference between an ignorant moron, and a genius leader. 

WILL THE LAST PROSECUTOR OUT THE DOOR AT THE SDNY PLEASE TURN OFF THE LIGHTS

 We do not often say nice things about prosecutors. But these ones at the SDNY quitting before following the orders of the Evil Sith Lord Emil Bove III to drop the charges against Adams The Hutt are heroes and this guy Scotten? He is great. Best letter we have read in a long time. And that last line in the penultimate paragraph? "But it never was going to be me." 

F'ing perfect. Heroic.  Hagan Scotten is THE MAN! 

 Love it. 

Letter Resignation by Anonymous PbHV4H on Scribd

CHAPTER 23 THE EVIL SITH BOVE III

 A long time ago in a galaxy far far away...

Chapter 23. The Evil Sith Lord Bove III. 

The Emperor found a weak point over Adams The Hutt who rules the province of New York. 

"Dismiss the charges against him" the Emperor said. "But not permanently. Hold them over Adams the Hutt's head so he has to do our bidding on immigration." 

"Yes" said the Evil Sith Lord Bove III. 

The Evil Sith Lord Bove III

The Evil Sith Lord Bove III directed Princess Sassoon who was heading the Southern District of New York's prosecution of Adam The Hutt to drop the charges.

Adams The Hutt

 "No" responded Princess Sassoon. Her letter is here. Such an action "is inconsistent with my ability and duty to prosecute federal crimes without fear or favor and to advance good-faith arguments before the courts."  

The Evil Sith Lord Bove III was brought to anger. His letter is here. "In no valid sense do you uphold the Constitution by disobeying direct orders implementing the policy of the Emperor. ..and anyone romanticizing that behavior does a disservice to the nature of this work and the public's perception of our efforts." 

Princess Sassoon's resignation was followed by another resignation in her office, and then two more resignation's by two prosecutors who led the Public Integrity Section in the DOJ. Kevin Driscoll, who headed the Public Integrity Section resigned, as did his deputy John Keller. Both are distinguished, career prosecutors.  

For more on what this represents, see our post on the Saturday Night Massacre. 

In response to the pressures placed on Adams The Hutt, Adams issued an executive order allowing, for the first time, the Emperor's Immigration Officials into the Rikers Island Club to search for aliens from other galaxies to deport. Prior to the order New York City had been a sanctuary city and had not allowed agents of the Emperor into the Rikers Island Club. Not that there is any quip pro Bove III between the dropping of the case and the change in policies. 

The story did not end for Princess Sassoon and her ragged band of prosecutors who defied the Evil Sith Lord Bove III. 

The Sith Lord, with the approval of the Wicked Witch of the South Pam Bondi (sorry to be mixing metaphors and Star Wars and The Wizzard Of Oz but it had to be done), set forth the agents of the DOJ after Princess Sessons and her band of prosecutors. The Evil Sith Lord Bove III opened and investigation into the actions of Princess Sessons and the others who resigned from her. 

The Wicked Witch Of The South

"I am not done with them yet" The Evil Sith Lord Bove III said, rubbing his small hands together in evil delight. 

The Emperor and The Evil Sith Lord Bove III

NO JUDGE SHOULD BE ALLOWED TO....

 Before we begin, do you understand just how remarkable our Super Bowl predictions and picks were? From telling you that the game would not be close and the Eagles would win going away, to giving you the bet that the Eagles would win by more than 7 and less than 19 points, to the successful two point conversion, and of course by giving you the can't miss coin flip bet (tails) we had an amazing day yesterday. We took our mid five -figure bankroll that we built over the season and literally doubled it! 

You're welcome. 

The current president was quoted as saying that "No judge should be allowed to rule against" the changes his administration has been making. Outlawing the possession and use of reason for example. Jailing anyone with a science degree who uses the phrase "climate change". Etc. 

While we find little we can agree with the president on, we did think that there is some use to the phrase "No judge should be allowed to..." 

We will start the conversation and you can add to it in the comments. 

No judge should be allowed to: 

Deny a motion without reading it;

Talk about how to try a case when they never did so in private practice;

Correspond privately about cases with the prosecutor. Call it the "3rd DCA Rule"; 

Set cases for trial the week a lawyer returns from vacation; 

Deny a motion for continuance because the lawyer did not follow the obscure rules of judicial administration; 

Keep jurors after 5 pm even if they ask for it; 

Sentence a defendant more harshly for exercising her right to a trial by jury. We know every single judge from here to Los Angeles and back denies that they do this. But the president denies that he is persecuting his enemies, so most of these denials are not worth the paper they are written on. 

This is a good start. We are sure you can add to it. 

What should we buy with the more than 16k in cash we suddenly find ourselves owners of? 

SUPER BOWL SUNDAY 2025

 Here we are. Super Bowl Sunday. The day promised to all Americans in the Bible as a reward for American exceptionalism.  A day when everyone has to sing the national anthem a dozen times and wear the American flag on their person. 

Can we please stop mixing nationalistic jingoism with sport? Sing the national anthem once on opening day and be done with it. And there is no reason that the military has to be mixed in with sport. Jets that are designed to bomb and kill people have nothing to do with a football game. 

Anway we have three words for Super Bowl Sunday. 

Are you ready? 

Fly Eagles Fly! 🦅

We are all in on Philly. We sold a few Eth coins and a couple of shares of Nvidia and called 8th Street Ernie and told him we are putting it all on Philly money line. No points. We got +120 but most online sites will only give you +100 or even money. 

Here are a few prop bets we like. 

We LOVE the bet that there will be a two-point conversion attempt. We got +320 for their being two -two-point conversion attempts and we also put some money on a successful 2 pointer. 

Super Bowl MVP Jalen Hurst - Philly QB- going over 1.5 passing TDs?  +150.  Over 218 yards?  -105. And the parlay over 1.5 TDs and over 218 yards> +260 on Hardrock. 

The Over/Under? We aren't sure. Probably going to pass. 

Here is a fun one. +6000 for any member of the Philly D line getting an INT. It would be on a tipped ball and we think the Eagle D Line will be in Mahomes face all day. He will be seeing them in his dreams tonight. 

Eagles winning by between 1-6 points? +325. This is a great bet. Eagles winning by 13-18 points? +900. $50 bucks for fun on that one. 

And finally, the bet you are all waiting for. After 0ver 100K simulations, taking into account the latitude and longitude of New Orleans and the Coriolis effect on that area, we are very certain that the coin flip will be.......

TAILS!

It's gonna be a Green Super Bowl. It won't be close. We will be enjoying the game with a few cold ones and a Pats Cheese-Steak we had flown in last night for the game. 
"Wit" of course. (If you don't know what "Wit" is in a cheese steak order, go on to Mr. Markus's blog We are sure you can find a lively discussion on pending changes to the federal rules of evidence that may be more your style). 

LEGALDEFENSE FUND

 We do not often publicize defense funds, but this one is worthwhile. 

A former Judge has emailed us. 

Good afternoon Rumpole,

It has been a long time.  I have retired as a professor of law and now I am a "Distinguished" Professor Emeritus.  Imagine that.  Me "Distinguished". Oh well.

Let me get down to why I have contacted you.  Before I begin, I am in no way seeking contributions of money from anyone.  I am deeply involved with an organization named The State Democracy Defense Fund.  It is headed up by Norman Eisen and has a board of directors of very (and they are) distinguished lawyers and journalists.

We have been asked to represent a number of FBI agents and DOJ lawyers who have been or are about to be illegally fired and likely investigated.  I know it seems antithetical to ask defense attorneys to help defend FBI and DOJ personnel, but in the long view it benefits us all, in light of the alternative.  I am looking for attorneys who would be willing to participate, if only in a minor way.  If interested please contact me at swartzj@cooley.edu.  All assistance would be appreciated.

Resistance is not futile, but the lack of it has an inevitable bad result.

  

Jeffrey D. Swartz

Professor of Law

9445 Camden Field Parkway

Riverview, Florida 33578

813-419-5100

IT'S ELECTION DAY

UPDDATE: And your new chief judge is......

GONNA MAKE MIAMI COURTS GREAT AGAIN! 

 

(somehow this seems apropos) 

 Before we begin, do not miss DOM's post on Judge McAliley defending AUSA Michael Thakur- a MAGA victim of retribution against a superb prosecutor who was fired for doing his job. The post is here.  Bad shit is happening every day now and before they shut down David and us, the word needs to get out. And make no mistake they will come after legal bloggers who do not toe their racist, xenophobic, authoritarian line.   

 It's election day ? 

Yup it's election day as your favourite judge trudges downtown to vote for Chief Judge of the Eleventh Judicial Circuit. 

And if you are out of the loop you have missed some of the most vicious, backstabbing, palace- intrigue-type campaigning of any recent election. 

The incumbent is Nushin Sayfie who very competently guided our courts through the Covid Crisis and has done a very good job. She is our choice for Chief Judge. She has earned another term.  

Her "Make Miami Courts Great Again"  MMCGA  (phonertically MM CAG-GA - like the sound your cat makes when throwing up) opponent is Ariana Fajardo-Orshan who left the bench to work for you-know-who as US Attorney and then returned to the bench and has pretty much been showing up anywhere and everywhere any judge has been. A judge is mowing their lawn? There is Fajardo saying "Hey let me do that for you, and then I'll hop inside and do those dishes and fold the laundry and while I'm here let's get out the ladder and I'll clear those pesky leaves from your gutters..."

But there is more than A vs B. 

There is X and Y. 

People do not think we know this. But we know more than they think we do. 

Before Judge Sayfie became chief Judge, a Judge, call him X, wanted to challenge Judge Soto. A deal of sorts was struck. "One more term, and then I'll support you."   Come the next election Judge X did not get the support he was promised, and Judge Sayfie was elected. 

Politics makes strange bedfellows, and the strangest of all is when they wear robes. 

So although their political views don't come close to matching. X and their Spouse Y are actively campaigning for the MMCGA candidate. 

Votes will be counted tonight. 

Depending on who wins can we expect a slew of executive orders if the MMCGA candidate wins? 

"Effective immediately defense attorneys will not be allowed to mention the term reasonable doubt to a jury";

"Effective immediately all defendants who look like they might be an illegal immigrant shall have their bond immediately revoked:

"Effective immediately the local rules are amended to allow the prosecution to file a motion for new trial on all not guilty verdicts" 

"Effective immediately the picture of President Trump SHALL be displayed in all courtrooms, all hallways of all courts, and in the chambers of all judges."

What we can be sure of is this- there is a lot of vote counting going on. And if your favourite judge all of the sudden loses their chambers and has to work in the corner of the El Gordo Cafe, you will know they supported the loser. 

NOW YOU KNOW HOW WE FEEL

 Seems like defense attorneys are not the only ones complaining we don’t get FBI 302s. A fight has erupted between the FBI and acting attorney general Heinrich Himmler.  Himmler asked the FBI to turn over the names of the agents who investigated the current president.  The FBI acting director refused.  Himmler then said “all orders must be obeyed” and then asked for even more  names. The FBI is refusing. Himmler called it “insubordination”. “Ve havf vays of making you talk” Himmler sneered  

In other news the DOJ opened an investigation on Manhattan District Attorney Alvin Bragg. All Bragg did was convict Pam Bondi’s boss of a mess load of felonies.  Bondi sighed a bunch of orders “de weaponizing” the DOJ. 

So to be clear. Shortly after being confirmed Pam Bondi opened an investigation of a sitting district  attorney for convicting the then former president.  So glad she testified under oath that no investigations would be political in nature.  

TIME FOR THEM TO LEAVE

 Well this is something different. 

You know those crazy sovereign citizens that file fraudulent deeds to steal property? 

Well one of them lives in 1600 Pennsylvania Avenue. 

At a press conference at the White House Tuesday Evening, the President said the United States would, and we quote "Own Gaza". 

And what about the 2.1 million people whose home land is Gaza? Where will they go? 

Hialeah seems a likely landing spot. Maybe Newark New Jersey.  And La Crosse Indiana. There's some empty land in the Ukraine. That could work. After all, the Palestinians are already used to being bombed.  And of course, the President is angry at Canada so maybe he can order the Air Force to pack the Palestinians in planes, strap them in parachutes and drop them on Montreal.  Children would get parachutes with Disney characters. 

Sort of like the Berlin airlift. 

But in a perverse reverse. 

So much for the fundamental principles of conservatism that believes that property rights are the foundation of all rights.  

 Just to be clear. 

The President of the United States just said he plans to displace a nation-state of people because there is nice beach front property. 

 You voted for him. 

We are gonna say that a lot in the next few years so we are introducing now the acronym YVFH. 

The president just snatched the pebble from the hands of the Palestinians. Time for them to leave. 

WELL THAT WAS QUICK

 After months of blustering POTUS imposed a 200 million percent tariff on Mexico and Canada and then backed down a few hours later. Sort of like the parent who takes away TV privileges from their child but then lets them watch You Tube and Tik Tok videos. What lesson does the kid learn? The parent (POTUS) is a wimp. 

We were being served our pancake breakfast when news of the tariffs hit. Managment quickly snatched away the syrup saying it was now 40 bucks a shot, only to return it a few minutes later with their apologies. 

Well it is February and if you followed Rumpole's advice you avoided trials in January but now, like us, have a full trial schedule. Important practice tip: Lawyers from Miami should try and avoid cases being set for trial in Minnesota in early February. Are you kidding us? The coffee from Starbucks froze when we walked outside. 

So Justice Building Irregulars - who are your new favourite robe wearers  from the batch of newly minted judges (certain in their own mind their ascension was preordained by the Lord) and which ones are exhibiting that well known condition of robeitis - having never tried anything other than a bench trial in private practice they spout nonsense like this : 

"Counsel your motion to continue is denied. You've already had one in this capital murder case and should have gotten all your depositions done in the two months since arraignment. Plus if you read our practice order we require motions to continue to be fully briefed with the rules of criminal procedure and judicial administration to be cited with appropriate case law and a certification that you and opposing counsel have conferred in person for not less than one hour to narrow the issues before the court. Having done none of this, jury selection will start tomorrow so you can finish your depositions today...."

There are just some judges who are certain that their appointment/election means Circuit Court-District Court-Supreme Court- and the more delusional of them (and you've seen them) -POTUS. 

Do your best. Report their ridiculous behavior to their more experienced and grounded colleagues, and of course the blog. 

Coming Soon ( as soon we get a minute to breathe) Ominous Parallels. 

Oh yeah- if you don't like how quickly we post comments then go to Mr. Markus's blog. We are doing the best we can until we get some more blog interns. 

Speaking of which, Mr. Markus (the second best legal blogger in the country)  is on fire 🔥with some great posts including a federal Judicial DEI seminar that may now be illegal;  a US Attorney's Office whose moral is as low as the Miami-Dade SAO, or a Democrat in Congress,  and a Judge Rudy Ruiz order for a new trial that is not to be missed for its fairness and insightful analysis. Sometimes we get it right when we appoint judges. 

Check it all out here. 

DEI will be the New McCarthyism:  "Are you now or have you ever been a member of a group that supported diversity or equity or inclusion? Will the witness please remember that they are under oath and answer whether or not they attended a meeting in Miami Florida in which certain members of the Federal Judiciary celebrated (against the public policy of the United States) Black History Month with a symposium entitled (add your own version of a nasty sneer) "Layered Lives: The Intersection of Identity And Experience". 

If you attend, and you should, you might want to wear a burka as there is certain to be agents of DOGE recording people entering the event.  

Attending DEI events will be this generation's version of sitting in at Woolworth lunch counters in the South that refused to serve African Americans. You will be attacked and ridiculed (albeit mostly likely on X and IG). But it is the right thing to do. So do it. 

GROUNDHOG DAY

 

For those of us up North, Punxsutawney Phil saw his shadow...six more weeks of winter. 

Thought of the day: Don't you wish they picked Punxsutawney Phil the same way they choose the Dali Lama? 

Alternative thought of the day: To our friends in Canada and Mexico and others in the rest of the world looking at us, we are sorry- about 50% of tried to avoid this. 

For the Super Bowl you should be gathering all your money, calling in fees due from clients and placing as big a bet as you can on the Philadelphia Eagles money line. They are going to win ...Fly Eagles Fly. 

JUDGE ALAN SCHWARTZ WAS A TREASURE

 

    We came across this case in our work on an esoteric issue. And as long time and careful readers of the blog know, we love a good Churchill quote. 

SCHWARTZ, ALAN R., Associate Judge.

As Churchill might have put it had he been considering the fascinating and monumental verities of Florida post-trial procedural law and practice rather than merely the prosaic question of Chinese politics, the result we reach in this case represents an incongruity arising out of an imbroglio and caused by an anomaly. The incongruity lies in the fact that the parties are required to undergo a new trial even though the plaintiff has now agreed to an order, secured by the defendant, and affirmed by us, which reduces his judgment as a condition of Avoiding such a trial. The anomaly is the peculiarity of the Florida law which permits a full appeal from an essentially interlocutory order only in the case of an order granting a new trial. The imbroglio occurred in this manner:

Mendelson v. Mendelson, 341 So. 2d 811, 812 (Fla. 2d DCA 1977)

MORE ON THE SAO MOST RECENT SCREW UP

We received this communication with a request that we post it. Sure. Why not? 

 As an attorney who came up through the SAO, it saddens me to see things like what just happened in my case with Michele, Khurrum, and Alyssa. Luckily, we were able to achieve a positive result for the clients.

First things first, though: I’d like the focus at the moment to shift away from “More Shame for the Dade SAO,” as your January 16, 2025, post is titled. Instead, I’d like the spotlight to be on Assistant State Attorneys Casey Hughes and Alejandra De La Fuente.

Casey has been dealt the short end of the stick for some time, often left with the dumpster fire work of her predecessors in the last two homicides I litigated with her. All I’ve seen from Casey is the work of a responsive prosecutor who puts in more effort than many of the “2600 billable hour” civil attorneys—all while making a fraction of the pay. When Casey discovered the issue in this case after hours (around 8 PM the night after jury selection), she immediately dismissed it the following morning. Her concern shifted instantly to explaining and consoling the next of kin about what she was about to do. Acknowledging that your office made a mistake and taking responsibility for someone else’s improper behavior has to be one of the hardest conversations a prosecutor can have with a next of kin.

Casey wasn’t having any of this nonsense, and I believe she should be recognized for her actions so that prosecutors in the office can look to her as a model—not just for how to ethically handle their role as prosecutors, but for how to be an attorney. When we focus solely on the bad apples, we perpetuate the culture of negativity that surrounds the office. This negativity, in turn, deters good and ethical prosecutors from potentially joining their ranks. If the defense bar cannot compel the office to remove bad apples, the next best option is to highlight the good ones.

Highlighting the good will reap long-term benefits. On this case, I saw Alejandra prepare for her first homicide as a prosecutor. For anyone who has done that, you know it’s a huge milestone and often a goal for those joining the State Attorney’s Office. While the case was overly weak, she worked tirelessly to get ready. The emotions she must be experiencing right now have to be on another level—building a relationship with the next of kin who have been shuffled between prosecutors, practicing her opening statement for days on end, and learning the file inside and out—only to find out 30 minutes before opening statements that all her hard work was derailed by a “win-at-all-costs” culture from a former colleague.

This was one of those “grow up” moments for Alejandra that was completely out of her control, but it will become the foundation that makes her an excellent Division Chief (and likely a judge someday).

So, when you see Casey or Alejandra in court, know that they are some of the good ones we should want to see more of. The office isn’t known for giving pats on the back (outside of the self-promotional all-office emails they force you to send about a trial victory), so I’m sure they would appreciate the acknowledgment—even if they won’t admit it.

Second, these Brady/Giglio issues can be fixed. 100%. The process of notifying the defense about Brady violations has been broken since I was at the office, and it has not changed. Typically, when a Brady violation comes to the office’s attention, a notice is generated and sent only to the ASAs handling cases involving that witness. This process is also limited to police officers. On its face, this system may seem fine. However, once that officer resumes working cases, no new Brady notice is generated. When Officer X is back on the road six months later and involved in a new investigation, the ASAs handling that case will likely be clueless about the prior violation (unless they happen to check COP search and generate the notice themselves).

The easiest fix? Since the SAO keeps a list of all pending Brady investigations, post it on the SAO website and update it daily. While notices would still be nice, this approach ensures everyone has access to the information in real time.

For emails on old cases, the SAO should institute a system where all case-related emails are automatically archived in the electronic file of the case (in v-case). When someone sends an email about a case, they should BCC an address like F2500350@miamisao.com, so the email is automatically filed under its proper case. Yes, this requires ASAs to be honest and document communications properly (though nothing stops someone from using personal email), but implementing a system like this would be a significant step forward. I’m confident there are civil firms with similar programs in place.

I honestly have no clue whether anyone of importance from the office has reached out to those who have left in the last decade to ask for suggestions. As far as I know, there’s no exit survey.

This is my two cents, for what it’s worth. Again, thank you to everyone for the well wishes. I think Michele, Khurrum, Alyssa, Casey, Alejandra, myself (and probably Judge Tinkler-Mendez, though we all know she doesn’t take breaks ) need a nice weeklong cruise along the Gulf of America.

 

Adam K. Goodman

The Law Office of Adam K. Goodman

NFL 2024 CHAMPIONSHIP SUNDAY

 Two great games today will choose your 2024 super bowl teams. 

First up are the upstart DC Commanders at Philly.  

DC has a rookie QB. (We like to rhyme...all the time). 

Has a rookie QB ever started a championship game with the right to go to the super bowl? 

Yes. Five times. 

How many times has the rookie QB won the game and taken his team to the super bowl? Let us count. There  was....and then ...and of course that game....so....adding them up the answer is ZERO! Not once has a rookie won a championship game and taken his team to the super bowl. 

Can DC QB Daniels do it today? Probably not, but that has not stopped Rumpole from getting +225 for his $100 bet and take DC and the money line, eschewing (we would bet that no other sports tout has used the word "eschewing" today) the six points. 

Should you follow us? Better to take the six points as DC keeps it close. 

But if, as Karl Wallenda said "life is on the wire", then eschew the points and take next month's mortgage/rent payment and put in on DC to go to the super bowl. 

Buffalo plays at KC today in the evening game at 6:30. The Chiefs returning to the super bowl is about as welcome as a former president winning an election and regaining the presidency. Except here most of the nation is united in wanting to see KC lose. We have Andy Reid/Patrick Mahomes/Travis Kelce/Taylor Swift fatigue. The Chiefs going back to the super bowl is as annoying as those 1-800-Kars-4-kids radio spots. 

(Query? If you have Sirius Satellite radio, what is more annoying? The 1-800-Kars-4-Kids ad, or that annoying Wilfred Brimley type guy who hates lawyers and wants to get you out of your timeshare?  Both of those drive us nuts!) 

The plays here are player props. Josh Allen to throw over 225 yards? We are in. Bills WR Khalil Shakir over 5 receptions and 55 yards as a parlay? You betcha (pun intended).  

Who do we like? Bills to win. But because they are playing Nosferatu who was seemingly dead with 13 seconds left the last time these two teams met in the AFC championship game only to rise from the dead and beat the Bills, we are taking the two points as well. Bills +2 over KC. 

This has been a great NFL season and the playoffs have not disappointed. Todays games will be great. 

Enjoy. 

DAY FIVE

 Thought of the day: When you give a narcissistic sociopath power, do not be surprised when they act in petty and vindictive ways beneath the dignity of the office they hold. See below. 

And God said, Let the waters bring forth abundantly the moving creature that hath life, and fowl that may fly above the earth in the open firmament of heaven.

And God created great whales, and every living creature that moveth, which the waters brought forth abundantly, after their kind, and every winged fowl after his kind: and God saw that it was good. And God blessed them, saying, Be fruitful, and multiply, and fill the waters in the seas, and let fowl multiply in the earth.

 And the evening and the morning were the fifth day.

And the president heard that Iran and foreign enemies wanted to kill his former secretary of state Mike Pompeo and former National Security Advisor John Bolton. And both had criticized the lunacy of the president's action in the prior administration. And although President Biden had provided them security protections because they were former government employees who were being targeted by foreign enemies because of the actions they endorsed whilst protecting the United States and doing their job...

And the president said let them go forth without their security details so they can feel the wrath of telling the truth about how unhinged and inept and dangerous I was and if they are killed for their service to the United States let it be on their own head. 

And the president looked and saw that Dr Fauci was also getting security protection because of the lies the president spread as Dr. Fauci worked to save lives during the pandemic by promoting vaccines that saved millions of people lives. And the president knew that unlike himself Dr. Fauci was intelligent and dedicated and did his job supremely well. And the president said let the doctor go forth without protection and suffer the wrath for showing the world that he was smarter and more competent than I was. 

And the president looked around and fired most inspector generals of the administrative agencies- the people responsible for making sure agency officials perform their jobs as required. And the president saw that his new Secretary Of State suspended all foreign aid. And not caring that the United States's investment in foreign aid pays dividends of perhaps ten times the money spent for the influence it gives the United States throughout the world. And the president saw China and Russia celebrating the moves the president made in belittling his office, placing former officials in mortal jeopardy, and lessening the United States' influence around the world, and the president said I am doing just what I said I would do- destroy this country as a petty and warped narcissistic sociopath And the president saw that it was good. And the evening and the morning of the fifth day of darkness  descended across the land. 

DAYS THREE AND FOUR

 And G-d said, Let the waters under the heaven be gathered together unto one place, and let the dry land appear: and it was so.
And G-d called the dry land Earth; and the gathering together of the waters called he Seas: and G-d saw that it was good. And G-d said, Let the earth bring forth grass, the herb yielding seed, and the fruit tree yielding fruit after his kind, whose seed is in itself, upon the earth: and it was so.
And the evening and the morning were the third day.

And G-d said, Let there be lights in the firmament of the heaven to divide the day from the night; and let them be for signs, and for seasons, and for days, and years.  And let them be for lights in the firmament of the heaven to give light upon the earth: and it was so. And G-d made two great lights; the greater light to rule the day, and the lesser light to rule the night: he made the stars also.  And G-d set them in the firmament of the heaven to give light upon the earth.  And the evening and the morning were the fourth day.

Day Three: 

And the President ordered law enforcement to enter schools and seize little children as part of illegal immigration enforcement. And the President saw that it was good that school age children were to be arrested in school and taken away from their friends and teachers and the life they knew. And the President ordered US Attorneys to order the arrest and prosecution of officials who did not comply with the President's orders arresting children in school and enforcing immigration laws. And few people spoke out on behalf of the children and the poor and weak and oppressed, and the President clapped his hands together in glee and saw that it was good. And the evening and the morning were the third day. 

And on the Fourth day the President ordered the military to the Southern Border to enforce immigration laws. And the order violated The Posse Comitatus Act of 1878 prohibiting the use of the military to enforce domestic law. And the President saw that it was good. 

And the President ordered the Pentagon to remove the portrait of former Chairman of the Joints Chief of Staff Mark Milley who had refused the President's orders to use the military to attack domestic protestors in the prior Trump administration. And the President fired Coast Guard Commandant Admiral Linda L Fagan for "excessive focus on diversity, equity and inclusion". Admiral Fagan served at sea for the Coast Guard since 1985. And the President, who never served in the military during the Vietnam war because of a blister on his foot saw that it was good. 

And the Senators advanced the nomination of Fox News personality Pete Hegseth tp be secretary of defense despite credible evidence that he beat his wife and is an alcoholic. Such evidence included a sworn affidavit from his sister-in-law that she and Hegseth's wife had a safe word for when she was in danger. 

And Pete Hegseth called for firing Admiral Lisa Franchetti, Chief Of Naval Operations, for being "inexperienced". Admiral Franchetti has previously commanded an aircraft carrier group while serving in the Navy for 40 years. But she has not engaged in drunken domestic violence. And Hegseth also called for General Milley's replacement- General Charles Q. Brown, Jr., to be fired. General Brown is a four-star fighter pilot with 130 hours of combat flying during 40 years of service. But General Brown has never been accused of drinking to excess and beating his wife. 

And the President looked out upon the land and muttered MAGA and saw that it was good. And the evening and the morning were the fourth day. 

Former Chairman of the Joints Chiefs of Staff under Presidents George W Bush and Barak Obama- Admiral Mike Mullen- said this in an interview about what Trump and Hegseth have done and want to do: "If you want to figure out a way to decimate the military, start by wiping out its leadership." 

To be fair, nothing in MAGA mentions the military. Watch how bad this gets, and then after a wave of firing and resignations from men and women who respect the oath they have taken and will refuse to violate it, a humiliating defeat and tragedy because slogans do not replace competent and experienced leadership. 

DEI DAY TWO

 On the second day

And G-d said, Let there be a firmament in the midst of the waters, and let it divide the waters from the waters. And G-d made the firmament, and divided the waters which were under the firmament from the waters which were above the firmament: and it was so. And G-d called the firmament Heaven. And the evening and the morning were the second day.

Genesis 1:6-8. 

And on the second day the president said let there be a firmament in the midst of our country and let it divide the people, the poor from the rich, the white from the black, the citizens from the immigrants, the capable from the handicapped and let it be said there shall be no diversity, equity or inclusion programs throughout the land. And the evening and the morning of the second day. And the president saw that the downtrodden and different were marginalized and excluded and the president said that was good. 

Item: President orders all federal DEI employees to be places on paid leave pending being fired. All their email has been blocked and shut down. 

Stories here and  Wash Post and Forbes 

DAY ONE

 POTUS 47 had a busy first day in office. We will recap the highlights here with the type of insightful commentary that you log on for. 

POTUS 47 issued a whole bunch of executive orders designed to make American great again. Let's take a deeper dive. 

EO Withdrawing from the Paris climate accords. Well done. Climate change is a hoax. Take for instance the fires in California. The 2025 fires are no different than the Cali/LA fires of 2022, 2020, 2018, 2016. 2000, 1995, 1990, 1985 all the way back to the fires in the 1930s. LA burns to the ground every few years and the fake media just doesn't report it. Nor do they report the fact that most of the fires are attributable to democratic mismanagement. Turns out LA sent all it's water to Mexico which is why it wasn't available to fight fires. Hurricanes hitting New York and Boston have always been a thing. That's not climate change. Miami Beach under water because of rising seas? Everyone goes to Miami Beach to swim. What's the problem? And think of this- if we have gotten rid of those pesky icebergs last century, the Titanic would still be around. You never thought of that did you? The Paris climate accords were a Hunter Biden/Hillary Clinton scam from beginning to end. 

EO Withdrawing from the World Health Organization. Pandemics are fake news. We were members of the WHO and we supposedly had a pandemic and what did the WHO do? Help China which kicked back the money to Hunter Biden and Dr. Fauci. Well done. We don't need them.  If you're not feeling well swing some bleach. Your president said it will take care of everything. Plus horse antibiotics. And whatever you do, do not get vaccinated. Polio and Whooping Cough and the flu are natural. When's the last time you heard of someone dying of polio? Like never right? You don't need those vaccines and you don't need the Chinese led Hunter Biden loving WHO. 

EO Withdrawing Support For Transgender Individuals.  We are never as big as when we stoop down to ...kick people who are different. The American way is to marginalize those on the fringes of society. We do not celebrate our differences. The American way is to spit on and dehumanize anyone who is a little different. "We hold these truths to be self evident that all MEN are created equal..."   That's from the declaration of Independence. Note the words. All MEN are created equal. Not women who may identify as men and certainly not men who identify as women. You know where that could lead. A mistake on some drunken night and then what does that make you?  It's only a matter of time that our congress passes laws criminalizing transgender people. It's been done before. The Neurenberg laws would be a good place to start. They outlawed marriage between Aryan-Germans and Jews. If you can outlaw a culture and race you certainly can outlaw transgender people. Round em up, put em in camps and send them to Mexico. And Mexico will pay for it. You betcha they will. This is as simple as an Elon Musk nazi salute during the inauguration.  

Hiel Trump 

Pardons for everyone who stormed the capital and wanted to kill Vice President Pence.  First of all, Pence was a sanctimonious stuffed shirt, always quoting the bible and bragging how much more religious he was than everyone else. He needed a good beating, right?  Second, it is deeply enshrined in the Bible and Bill of Rights that when things don't go your way you try and burn it the F down. And if law enforcement officers get in your way you beat the crap out of them, and if some die, well, hey, maybe next time they won't try and uphold an election that Hunter Biden stole- the evidence being on his laptop. 

The Pardons were Moses like. "Let my people go." And who doesn't love Moses? Charlton Heston played him for gosh sakes. 

There was more. But this is a start. Tik Tok is back. POTUS is going to make China sell half to the US. Because it says in the bible, Ecclesiastes 2:48 "And the lord said you shall take the video platform and covet it as you do your neighbor's calf."  

HEARD AROUND THE COURTHOUSE

We were walking to our fav courthouse cafe on seven in the REGJB when we heard this unknown bailiff tell a group of potential jurors; "And I'm telling you right now if I make a mistake pronouncing your name I am Cuban and have a third grade reading level." 

Who is this guy who tells jurors that? 

The cafe on 7 makes the best Cuban toast in Miami. You read it here first. It always comes out crispy on top, soft inside and well buttered. 

DAY TWO DIVISIONAL PLAYOFFS 2024-2025

 If you took our advice and bet on the Washington Commanders yesterday you've got some extra cash for those holiday CC bills that are coming in. True we missed the over (it hit in the first half, as did Daniels passing yards) but if you took the money line you hit it like an early investor in the $Trump meme coin. Truth be told we got a tip and put the equivalent of an ASA's salary as it opened and then cashed out when we had a six-figure profit, but we were hesitant to post it on the blog because it was more of a risk than parlaying KC under and Lions over. But we will take our profit and look for the next opportunity. The thing about these meme coins is there is usually a rug-pull and you can't be left holding the coins because you'll lose all your hard-earned money. 

On to football. 

The most exciting game of the weekend (granted it will be hard to top DC- Lions yesterday) will be the Rams at Eagles. Suddenly home field for the NFC championship game is also at stake as well. Can the Rams pull a DC-type upset? Yes- like the Commanders they have the better QB. But we are playing it safe here and recommending the over 43. Stafford over 216 passing yards is a play if you think the Eagles pull ahead and LA plays from behind.  

UPDATE: WIN ON THE OVER (although the weather made it closer than it should have been) AND WIN ON THE STAFFORD OVER 216 YARDS PASSING. 

The most interesting and hard fought game of the weekend is the Ravens at Bills matchup which is the Sunday late game. On the line is both a trip to KC to beat the beatable Chiefs (just guard Kelsey in the playoffs for goodness sakes !!), and redemption for one QB and a crushing loss for the other. Both Josh Allen and Lamar are at the "no excuses" stage of their career, Are they going to have a Dan Marino/Dan Fouts great QB that never wins the Super Bowl  career? Or are they finally going to win when it counts and bring home a Lombardi Trophy? 

What you can count on is both QBs will leave it on the field. What we also think that you can count on is that when the pressure is on, Lamar will fumble with a strip sack or Int. Look at his record in first playoff games vs second. He is a big loser the second time around. Josh Allen on the other hand lost a memorable AFC Championship to KC through no fault of his own, taking the lead with about 3 seconds left (more like 40 but we have literary license here) and then seeing his defense give up a FG to Mahomes and the KC refs who made a horrible call yesterday when a Texan D lineman nicked Mahome's shoes and they called roughing the passer with a blow to the head. 

Buffalo is a home dog in a playoff game with one of the top QBs in the game. How can you pass that up? We cannot. Bills +1 (you don't need the point take the +110 money line). 

 It's like buying 4,000 $Trump coins at ten within minutes of its debut and selling at around 35.60. (while keeping a few to keep us in the game). 

Enjoy a great football Sunday and the good news is you still have Monday off (unless like us you're finishing a brief and doing pre-trial prep for a case in EDNY- but at least we have some money to spend at 11 Madison Park).  

UPDATE: 

The Clock struck midnight and Tik Tok is now dark. But - and remember Rumpole told you this- not for long. 

And there was a rug-pull on $Trump and it fell from the 40's to about $2.50. BUT...we would not be averse to buying a few thousand as we can see it rallying next week with all the Trump hoopla.* Just sayin...it might be new boat money if you do it right.  But it's not like Nvidia or Apple- you can't buy it and now watch it all day and night. You have to or you'll het washed out in a rug-pull.

UPDATE: COULD TIK TOK HAVE ITS NOSE ANY FUTHER UP THE BEHIND OF THE INCOMING PRESIDENT? 

* For fun only. We are NOT giving you or anyone investment advice other than buy don't trade Nvidia and Apple. And that comes from Jim Cramer not us. 

DIVISIONAL PLAYOFF ROUND 2024-2025

 Good Saturday morning. The news isn't great/ Tik Tok is one day away from going dark.  There will be immigration raids in Chicago next week.  Maybe it won't be Krystal Nacht, but that may not be far off sadly.  A majority of Americans are losing their minds. 

But we will handle the important stuff. 

The first game of the day is the worst game of the weekend. 

The Texans are getting 8.5 in KC. The O/U is a pedestrian 41.5. Our advice is you cannot lose what you do not put in the middle of the table. But if you must- KC is going down. America is as done with KC as the electorate was done with the Democrats last November. The question is when? Their numbers have been anemic all year which is why the O/U is so low. They squeaked by more than a Dade Asa trying to explain why they didn't turn over Brady material. If you want to have some fun take the 8.5 or even better +375 on the money line. We will be working out and getting ready for....

America's team- the Washington Commanders at Detroit. After a lifetime of futility the Lions are finally the big bully on the block.  Will they win? Probably. Are we taking the Commanders +9 and Jayden Daniels over 290 total yards? You betcha. The O/U 55 is sky high. We wouldn't touch it (unlike tomorrow's Rams at Eagles and the over 43- we are betting a significant portion of our latest federal fee on that). 

Tomorrows games will be better. We will have picks up Sunday morning. Enjoy your long weekend and remember, bet all you can, you can always make more.