DEFENSE ATTORNEY SAYS "F --- YOU" TO ALLEGED RAPE VICTIM

THE CAPTAIN REPORTS:

IT JUST KEEPS GETTING WEIRDER AND WEIRDER IN BROWEIRD .....

Defense attorney says "F --- You" to alleged rape victim .....

So, this time, it wasn't a Judge who made the headlines.  Instead, it is longtime criminal defense attorney Herb Cohen, who is at the center of attention in the latest saga to hit North of the Border.  Also part of this fast becoming a soap opera case is ASA Katie Bogenschutz, (she the daughter of famed criminal defense attorney David B), and a cameo appearance by our own Jayne Weintraub.  Sitting on the bench for this one is Judge Michael Rothschild.

The defendant is 69 year old millionaire developer Louis Bianculli who is charged with three counts of Sexual Battery, Familial Victim, age 12-17.  He is represented by Herb Cohen and Jayne Weintraub. While the case was filed in 2015, it appears the allegations stem from 2009; (see case Number 15009445CF10A).  According to news reports, the victim is alleging that she suffered abuse and torture from her stepfather for years starting when she was just 12-years-old.

According to the transcript of a deposition taken of the victim of the alleged rape, here is what we know:

A deposition of the victim took place on June 12th, and during that depo, the following exchange occurred:

"Can you be in the room with me?" Cohen asked
"No," she (the victim) answered. "You're just like Lou, but worse."

How did Cohen respond?  "F--- you," he said. 

Wait, it gets much worse.

The victim was walking out of the room when Cohen mumbled the words under his breath, according to Cohen and Weintraub.

In a hearing before Judge Rothschild, Bogenschutz was having nothing of it.  She told the Judge:

"Let the record reflect that Mr. Cohen said to the witness, and I quote, 'F--- you,'"

Cohen responded:

"I said it under my breath," Cohen said. "Let me tell you something, that comment, this case has turned into such a piece of s---. ... F--- her and all of you people, OK? I'm not a criminal and I'm not a f---ing rapist. You understand? You think I'm going to stand here and take this s---? Well, you're wrong. It's over."

Cohen continued with his berating of the ASA:

"What I've forgotten in this business you will never learn," he said. "And the s--- you learn, you have no clue how to apply, and I'm done taking crap from you. Your witness tells me I look like this rapist, only worse? And that's all OK with you? … I'm not going to stand by and let you cause abuse to me. This is the last straw."

Judge Michael Rothschild sealed the transcript of Cohen's rant and struck it from the record of the case at a hearing two weeks ago.  On Friday, during a status conference on the case, Bogenschutz asked that it be unsealed so she could file a bar complaint against Cohen.

Rothschild also let everyone know his feelings on the matter:

"All the lawyers involved in the Bianculli matter are getting ridiculous, ridiculous -- the most unprofessional case I've had in my four years on the bench," Rothschild said. "The behavior of the lawyers in this case has almost become as terrible as the allegations in this case. And yes, I said that on the record."

You can read the entire story from Local 10 by going here.

CAPTAIN OUT .....
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POP QUIZ

Hope you studied. 

What do you call a place where a judge emails a public defender advice on how to get a lower sentence in his division and the SAO responds by filing a motion to disqualify the judge in every single case in his division? 

Think hard….

BROWEIRD!!! (  © Rumpole & Justice Building Blog. All Rights Reserved.). 

The Sun Sentinel article is here. 

The Judge is John Contini. 

The County is Broward. Where anything can happen, and usually does. 

See you in court, where in Dade judges rarely grant downward departure motions, much less email instructions about how to get one. 

BREAKDOWN!

(In a resigned voice as if he says this 100's of times a day):
"Hi. Welcome to the department of corrections. Please sign in and take a seat. We will be with your shortly."

"Yes, but you see I have to be back at work by 1:30 pm. Lots of people will be waiting for me."

"We all have to be back at work lady. Look around. See all those people ahead of you? They all want to be somewhere else too."

(Leaning over to whisper) "Yes, but you see, I'm a judge. I have a court calendar at 1:30."

Probation Intake Officer sitting behind the counter- leans back in his cheap, state issued swivel chair and loudly calls out to colleague "HEY GEORGE WE GOT SOME LADY HERE WHO SAYS  SHE'S A JUDGE!!" 
He swivels back to the woman: "Look lady, take a seat, right there, next to the governor and behind the senator."
 Probation Intake officer laughs to himself "A judge. Now I've seen it all." 

(Woman walks away, head hanging.)

Probation Intake Officer: "Hey lady, you need to sign in. Tell me your name. Your name."

"Lynn Rosenthal. Judge Lynn Rosenthal."

Item: 
Broweird Judge Lynn Rosenthal entered a plea of no contest to the reduced charge of reckless driving (what the DUI mavens call in their unique vernacular and nomenclature a "breakdown".)
She was sentenced to three months probation and twenty five community service hours. 

The Sun Sentinel article is here. 

So go put your client on probation in Broweird. You never know who she'll meet. 

See you in court.