Many blog readers wondered where the Blog was when one of our very own REGJB judges was attacked for rending a not guilty by reason of insanity verdict in a bench trial regarding a tragic set of facts. Florida's AG and then Governor called for his impeachment- a turn of events that is nothing less than a full frontal attack on the independence of the judiciary. And of course the Judge in question is one of our very best.
We support the Judge and withheld initial comment because we believed the best course of action was to not give any legs to an obviously cheap-shot political story. There was a method to our madness. This was not our first rodeo. (add additional fitting euphonisms here)
Now we offer for your review the final order- the work product of a highly competent and dedicated jurist.
Finding of NGI and Conditional Release Conditions - Conformed by Anonymous PbHV4H
16 comments:
Just wondering why it's OK for the order to start our THIS CAUSE... but we received criticism and lost a battle with Mr. Markus over starting our motions with COMES NOW...?
I don’t really care how the order starts and I understand the huge controversy here and the foolish attack by the AG on Judge De La O. But in NO circumstance should these medical records be published in this way. The exhibits to this order should be under seal and publishing these documents on a blog is a real error in judgment.
I stand with de la O. The most intelligent, exceedingly competent, impartial judges. And lets not forget a delightfully kind man,
The attacks on Judge de la O are shameful. That they come from the State's AG, a lawyer, makes them even worse. The entire Bar should be standing up for him. He is an excellent and thoughtful Judge, agree with him or not. We can use more Judge de la Os.
Does anyone know who defense counsel is? Great job.
order says state expert agreed defendant was NGI and state and defense both agreed to trial with no jury.
I'm in the minority about De la O. I'm not crazy about him but, I have to ask this: I too stand 100% behind De la O. Why did this go to trial, other than the State being wimps. Even Dr. Richardson said he was insane.
The judge wouldn't have attached them unless they were part of the record right? Right? RIGHT? Hope he didn't f*ck up. lol
The Great Larry Hanfield
The State abandoned their role. They had an obligation to agree to NGI based on the evidence. More proof the SAO is a shell of its former self. They dumped it on De La O and let him take the heat. More than cowardice it’s an abandonment of the role they have sworn to uphold. Shame. Shame. Shame on them.
de la O is smart, takes his job seriously and is NOT rude but patient Hanfield is meticulous in every way. Have you ever seen his files when he takes a deposition? OMG. So crisp, clean, organized. Looks like every piece of paper just came out of a printer. And the way he dresses! Perfection.
It’s a solid order. But it’s basic that medical records—particularly psychiatric ones—are filed under seal.
Tremendous job. Great indeed.
If the order was published on the public docket with the medical records and references included, I do not see why it cannot be discussed or reposted here. I am confident Judge De La O would not have included that information in his order unless he was legally permitted—or required—to do so. Let’s not forget: he is an actual judge and a respected legal scholar.
What is especially interesting is that the State’s own expert reportedly corroborated the defense expert’s assessment. So why are the MAGA-lomaniacs and keyboard warriors not talking about that? It is easy to chase attention on social media while ignoring the full record and the applicable law—especially when the loudest commentators may never have practiced law.
As I understand it, the State also had to agree to a bench trial. A defendant does not simply get one merely by asking for it.
For context, I have seen Judge De La O call out both the State and the defense when either side was unprepared or misrepresented the facts. Perhaps some people are simply not accustomed to a judge who applies the law rather than favoring one side.
And where is the Court’s leadership? Why is no one publicly pushing back against a reckless narrative that attacks judicial independence and one of this country’s foundational principles: the separation of powers?
My mistake—I forgot that photo opportunities and undeserved awards apparently matter more than standing beside judges who need institutional support, particularly at a time when faithfully applying the rule of law can make someone a political target.
Power at every level is temporary. A failure of character and leadership is far more lasting. And when a leadership style consists largely of spending taxpayer dollars on self-promotional posters throughout the courthouses, it reflects narcissism—not substance.
Judge de la O has been discussed as a potential federal judge. While that might be great for him, the fact is that it would be a shot in the gut at REG. He is smart, hard-working, kind, wise, and no push over. While I feel sorry that he will not have the satisfaction of being carried over a field of flowers, I feel really good for our system and our clients that we have him.
I have been away from the Justice Building for sometime and this is the first I am hearing about this case. However, what I can say from my past experience with Judge De la O, he is the one of the brightest, hard working, fair to both sides jurist before whom I have ever had the the pleasure of appearing. You know when your client stands before him in his courtroom they will get a fair shake. As an aside, not a terrible fantasy football player either.
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