IN THE BELLY OF THE BEAST

It takes a lot to turn down a plea offer of probation when facing decades in prison. 
It takes courage and intestinal fortitude of another magnitude to turn down such a plea offer ana go to trial in Broward County, where punishing a defendant for going to trial isn't just a natural result, it's considered a sport  for the judges and prosecutors who work in Broward. They lurk in the shadows up there, like a Lion in the tall grass, just waiting to pounce on the unsuspecting lawyer/client foolish enough to go to trial. 

But credit and congratulations are due to David O Markus and Bill Barzee who defended a client on multiple charges of aggravated battery and on Thursday were rewarded with a Not Guilty on all counts. Two very sweet words. The Sun Sentinel Article is here. 

While David and Bill are superb lawyers, neither of them are old enough to remember the good old days in Broward when your client was rewarded with an acquittal with (we are not making this up) a revocation of their bond, and being remanded to custody, ostensibly to check for open warrants.  It happened to us, more than once. And the dialogue went something like this "The jury sir, having found you not guilty, I will adjudicate you not guilty. Congratulations. Your lawyer did a great job. The sheriff is directed to take the defendant into custody for processing. Have a nice day." 

Eventually, Broward paid a few million dollars in a class action for incarcerating individuals who had just been acquitted (even when you read it, it's hard to believe they actually did it), which just caused a group of judges to revoke your client's bond the day before trial. And on and on it goes. Anyway, a hearty Well Done Mr. Markus and Mr. Barzee. Well Done Indeed!

Sean Taylor Murder Trial: Herald Ace David Ovalle has been tweeting all week the trial of Eric Rivera, the alleged shooter of Sean Taylor. There is no trial today and the rumor is the trial should wrap up next week.  Here's a tweet from this week:

David Ovalle ‏@DavidOvalle3052h

Lawyers getting snippy w/ each other over witness list. "Excuse me, Lee County," prosecutor Reid Rubin sniped. Defense hails from Ft. Myers.

First cold day of the year arrives today. Enjoy a beautiful fall weekend. See You In Court. 

OCTOPUSSY CONVICTED

Zvi Goffer a/k/a Octopussy was convicted Monday in a New York Federal courtroom of security fraud crimes arising from his activities in the Galleon Hedge Fund. In May, billionaire Raj Rajaratnam, the head of Galleon, was also convicted.

We note this case because the defense of Mr. Goffer was handled by two REGJB former PDs: Bill Barzee and "Country" Dave Pettus.

Both Barzee and Pettus were extensively interviewed after the verdict which took eight days. Country Dave probably had the best quote:

David Pettus, another lawyer for Zvi Goffer, said after the verdict that his team tried to pursue the opposite

strategy from that followed by Rajaratnam’s lawyers. Instead of presenting extensive evidence on the defense case, Zvi Goffer’s team focused on trying to undercut the government’s evidence and the cooperating witnesses, he said.

Pettus noted that both cases had similar results: conviction on all counts.

“I guess there’s no defense that’ll work when your guy’s on tape,” he said.

Rumpole notes: Been there and done that brother.

BB:/kc

SUMMER READING

UPDATE: TOMORROW: THE END!

The Memorial Day Holiday is on the horizon and it's not too soon to start loading up your Kindle or Nook with beach books.

We're currently reading "The Wizard Of Lies" by Diana Henriques. A book about Bernie Madoff by the NY Times Reporter who covered the case. A compelling read.

DOM meanwhile is reading the classic Sci Fi Thriller Lucifer's Hammer.

We're reading the responsible book. Go figure.

Former Dade PDs Bill Barzee and "Country" Dave Petus are turning a Manhattan Federal Courtroom on its ear by bringing a free swinging "Miami style" defense to a high profile Financial Fraud case. DOM has been on top of this story, but a good article about Bill's opening is here. The trial is expected to last six weeks.

FYI- Bill's sister is departing circuit judge Mary Barzee-Flores. Bill is partners with the judge's husband, Hector Flores, a former ace fed pd who got his own not guiltys last week in a major case.

You can't tell the players without a scorecard.

Finally, it's probably curtains for the nomination of Professor Goodwin Liu to the 9th circuit. Republicans and a few key democrats are lining up against the professor's nomination and that will be enough to fillibuster the vote.

Liu had the audacity to speak out against Justice Alito's nomination to the supreme court:

Liu had said Alito's vision was an America "where police may shoot and kill an unarmed boy ... where federal agents may point guns at ordinary citizens during a raid, even after no sign of resistance ... where the FBI may install a camera where you sleep ... where a black man may be sentenced to death by an all-white jury for killing a white man, absent ... analysis showing discrimination."

The fact that Alito's opinions bear out his radical philosophy is not enough to overcome the radical right's vengence against anyone who dares to mention that the emperor has no clothes. The AP article via the Herald is here.

See You In Court, reading the old fashioned way- with a book.

mqc