On Day Seven of the Pino trial no one rested (biblical pun...think about it). The State rested on day six and the defense moved for a judgment of acquittal.
The trial began today with Judge Tinkler-Mendez "respectfully" denying the motions for judgment of acquittal.
Why the adjective "respectfully?" We all make motions all the time. Some better than others. Some a closer call than others. Respectfully means nothing. A careful consideration (which we are not implying did not occur here) is what we are after.
Anyway, the trial moves on. The defense is calling an investigator as their first witness. We are writing a brief and went to find a fav game show and stumbled upon the broadcast of the trial, so we will watch it for a bit.
Current testimony appears to be something about how time and tide wait for no man.
Coming Next: What happens at the intersection of the NY Times Florida correspondent and the REGJB? An article about .....(three guesses....hint- he authors a constitutional calendar and enjoys a legal quip in iambic pentameter)
The purpose of "respectfully" is usually to try to model how everybody should be treating each other.
ReplyDeleteA footnote to the use of the word "respectfully." It was common (and still is) for Supreme Court Justices to finish their dissenting opinions with the flourish of "I respectfully dissent." I think it was Justice Ginsburg who once ended her dissent with "I dissent." The interpretation from the pundits was that this was a jab at the majority. In other words, "your opinion is an insult to my intelligence but I am too classy of a lady to say so in print."
DeleteIt would be interesting to get your thoughts on whether the State, in its case and chief, met its burden. I don't the State did.
ReplyDeletewhere is the reckless behavior?
ReplyDeleteDrinking a few beers, driving over 45 MPH in a channel, and subsequently hitting a channel maker. Not saying he will be convicted but there is definitely an argument he drove in a manner that could be considered reckless.
DeleteForget about the alcohol for a moment: Pino drove a boat full of minors way too fast, on the wrong side of the channel, into a marker that apparently even a blind man could see from a mile away. It was an "accident" only in the sense that he didn't mean to crash, as everyone agrees. I don't think it's hard to make out the case that Pino was driving recklessly. Fortunately for him, culpable negligence means more than just being reckless, if I understand the law correctly. Srebnick should hammer home hard the standard in closing.
DeleteWhy wasn’t he charged with contributing to the delinquency of a minor
DeleteHe drove his boat into a pole with a bunch of drunk minors. Then lied about it.
ReplyDeleteSAO pursuing this is insane. Corrupt as always #FREEPINO
ReplyDeleteOh you are full of it
DeleteWhy is it insane? Pino was boating crazy under the influence. Contributing to the delinquency of a minors.
DeleteYou are insane
DeleteInteresting considering the police who responded at the scene, mr Fernandez, and everyone else said he wasn’t.
DeleteGuilty. No doubt. Rich and narcissistic guy who is newly rich thinking he can never be found guilty of a crime like this by a Miami Jury. He can give minor children 61 bottles and cans of alcohol on a broiling hot sunny day anchored near a sandbar and think he is invincible from having a couple of beers and then racing back home. There were too many people on a center console 29’ Robalo. By the way, a terribly made boat. No excuse other than reckless driving to hit a marked neon green channel marker.
ReplyDeleteThis jury is coming back GUILTY.
He is a liar and Lucy’s death is entirely his fault.
It was not negligent. It was reckless and criminal. He should have also been charged with perjury in the answers he gave in the civil case and for lying to a law enforcement officer.
I’m sick of rich guys with connections thinking the are invincible in this town.
Did he send a lobbyist to bribe KFR?
DeleteI agree he’s a liar and should be held accountable for Lucy’s death.
DeleteBet you $1 you’re wrong.
DeleteAnd now comes a defense designed as a diversion trying to confuse the issues for the jury with a well choreographed and hugely expensive psychological portrayal of a great man who did nothing wrong.
ReplyDeleteExcept crash into a fixed and easily seen marker with a boatload of boozed up teenage passengers.
Oh, what a tangled web we weave When first we practice to deceive.
ReplyDeleteWorst defense money could buy.
ReplyDeleteI would have went with the public defender.
DeleteAll I gotta say is MESSI. MESSI. MESSI. Hat 🎩 trick.
ReplyDeleteThis blessed plot, this realm, this England!
DeleteHe’s overrated
DeleteAnd now, O Canada!
DeleteIf you drink a "few beers," hours ago, it has nothing to do with the case. This was all a FWC coverup for a rich guy who had "connections" in Tallahassee and a call was made and POOF, no blood test requested or demanded. If he admitted to a "few beers," that and the crash are enough to get a search warrant and see. If his reading was low but, not zero, then, we know what happened. My clients don't have connections in Tallahassee, do yours?
ReplyDeleteThe guy was careless. Not reckless. He got too confident on the way back, got too close to the pilon and had an accident. We all know how juries can be though. They might split the baby on this one thinking they're being fair to both sides.
ReplyDeleteIt was the boats fault and the sun
ReplyDeleteI like Argentina at 10/1 odds for 500 dollars. Clearly the best team in the tournament
ReplyDeleteWhat does Rumpole believe in the Pino case? Did the State meet their burden? Is it reasonable for the jury to find guilt? Does he deserve prison if convicted? Were there reversible errors committed by the trial judge? Did the defense counsel do a good job? Great job?
ReplyDeleteAre you a moron? Sure sounds like it.
Delete$50 Hung jury.
ReplyDeleteOnly if Pino bought the Jury
DeleteBig tough Jorge didn’t want to testify. Man, if anyone deserves prison….. What an unlikeable, narcissistic, lying, faking miami poseur.
ReplyDeleteHow do you turn down a misdemeanor offer in this case? I have a feeling he didnt want to plea to anything so that he didnt open himself up for more civil suits. Supposedly he settled with the family of the girl who died and the one who was injured. Idiot deserves prison.
ReplyDeleteAsk Howie.
DeleteWhy are ASA’s so dependent on substance abuse? Alcoholism, drugs etc?
ReplyDeleteBecause their idea of mental health is “suck it up and go”.
DeleteThe spectacle that is the Pino trial is exposing Pino. I bumped my head and made up another boat? That dog won’t hunt.
ReplyDeleteWhen is this blog shutting down?
ReplyDeleteNot soon enough!
DeleteWhy didn’t the parties bring in the paralyzed victim?
ReplyDeleteThat would be dispositive one way or the other.
He is a bully, liar and a narcissist. His wife told lies that she did not see him drinking.
Come on. Sitting on the sandbar and the boat on a 90’s degree broiling day and she didn’t see. She has a motive to lie. She lives her rich affluent life being socialites. The embarrassment factor alone of her husband being a convicted felon would humiliate her.
A real man would never have let all these teens drink alcohol probably to excess. How many beers does it take on a Miami hot sunny boating day, being somewhat dehydrated, to be “buzzed.?”
By the way, more likely than not, Lucy Fernandez would not have died had she not been intoxicated by excessive alcohol. She probably was disoriented and drowned after panicking.
He is RECKLESS” just for that.
My opinion?
A 2 hour guilty verdict. Sentence? 3 years state prison.
Your thoughts?
Correct on the verdict. Guidelines will be way higher than 3 if you had any clue.
DeleteI think the guidelines are much higher which are not advisory but mandatory. The court would be hard pressed to depart downward because of his post accident conduct. If convicted I would suspect he would get north of ten.
DeleteAll of social media is very critical of the trial judge. They all say that she looks bored and does not have control of the courtroom. They are saying that it looks like she is checking Facebook stories to see if she is getting likes and comments. Is she a well respected trial judge? State oriented or defense oriented?
ReplyDeleteJudge Ed Cowart sat in that same courtroom. Would he be proud of this Judge’s temperament and legal acumen? Rumpole, did you know Judge Cowart?
That's ridiculous! Judge Tinkler Mendez is well respected, fair and professional and runs an appropriate trial. I , like so many other lawyers, have tried cases before her and she is a consummate professional. She has been in the backup trial division for years trying many cases.
Delete9:38 she is appropriately known as a wildcard
DeleteDear Rump. Should I sell my Microsoft stock? It seems to be going nowhere?
ReplyDeleteDefense is very confident in Pino - they advised their client not to ask for the lessor included offense of careless manslaughter - an 2nd degree misd. I would have plead him to that originally.
ReplyDeletehttps://www.courttv.com/news/dad-kills-teen-daughters-friend-during-drunk-birthday-boat-ride-da/
ReplyDeleteStarting @ min 3:53 lawyer for Pino on the lessor included offense. Unless the jury has been bribed why on earth would the lawyer advise the idiot defendant not to ask for the lessor which is a second degree misd. Seems like this the second time the lawyer has given this ill advice. Maybe someone can explain. I would do the exact opposite.
Pino and his team are not asking for the lessor included offense , careless homicide. . This is fucking crazy under the circumstances.
ReplyDeleteSocial media is wrong about Tink. I have tried jury trials with her and she is on top of what is going on and makes reasonable decisions. I only saw her angry once, when a young ASA lied to her. She's just trying to be fair and impartial.
ReplyDeleteGTFO Tink always bat for the state...
DeleteWhy did his lawyers advise him not to have a lesser of a misdemeanor , it makes no sense. Jury could have compromised and he’d get 364 instead of the 30 years if convicted as charged
ReplyDeleteNo judge should be ever compared for the brilliance and courtroom demeanor of the great, late Ed Cowart.
ReplyDeleteThe trialmaster sees a NOT GUITY. Waiving lesser is questionable. Couldn't the State ask for lessers, We tried a first-degree murder years ago and tried to waive lessers, but State asked for and the Judge gave the lessers to the jury.
ReplyDeleteThe lesser was only punishable by 30 days and it makes absolutely zero sense
ReplyDeleteThe must already have the pardon brokered.
ReplyDeleteI’ve thought a lot on the lessor. If he’s convicted on the lessor, it’s harder to appeal the higher charges, because the jury didn’t find they were met. Strategic setup of an appeal.
ReplyDeleteIf pino found guilty of careless and ng of reckless , no reason to appeal. It’s a win.
DeleteIt’s a state felony.
ReplyDeleteIf convicted only the Florida Governor can pardon you.
Just thinking, if the defense expert says the head injury caused a false memory and the memory that is supposed to be false is the “phantom boat” explanation then if that explanation for the cause of the crash is gone, what is your “Mr. Pino”, excuse for how the crash occurred?
Just sayin’