RANCK -N- FILES

UPDATE: David Ranck resigns:

(I had to remove the original email addresses because the links mess up the blog. It was from David Ranck to Fernandle, et al.
-----Original Message-----
From:
To:

Sent: Sun, Jun 28, 2009 1:51 pm
Subject: Resignation

Effective immediately, I resign my position as Assistant State Attorney. I know that we will always be in each other's thoughts and I look forward to our future dealings.

To the "pit" prosecutors with whom I worked and those I supervised there is a special bond that I will always have with you. If there is ever anything that I can do for any of you please reach out to me.

Sincerely,

David Ranck \

Rumpole says: Welcome to the Dark Side of the force. It's very seductive over here. Porsches, fancy watches, sexy women, penthouse condos...

well at least that's the way I imagined it when I started out.

Two more submissions on David Ranck's blog.

This one is his latest response to the Stevenson Charles and Passion Carr murder prosecution.

It appears Stevenson Charles is serving 20 years with the Feds for gun issues which we are not certain are related to this case.

The blog post is an etymological analysis and linguistic disassembly of the responses by various police offices to the issues in this case as quoted in the Ovalle-Herald piece.

Passion Carr is-according to the clerk's office- being represented by Gordon Murray and the case is before Judge Marissa Tinkler-Mendez.

This one appears to be the close out memo in the Leonardo Barquin police shooting.

If you don't want to wade through 52 pages of ontological onanistic legal analysis, (the link is for our robed readers who might need a bit of help with their vocabulary- and this is an especially good word to describe much of their participation in the legal process by the way) the startling conclusion is this: there is not enough evidence to show the officer legally and justifiably shot Mr. Barquin and there is not enough evidence to prosecute him. Ta da!

We now enter the week before, and week of 4th of July, where it is way too hot to want to work, and judge's thoughts turn to those vacation homes in the Carolinas thoughtfully offered to them by lawyers who would never ever think of influencing their decisions. Right?

Anyway, if history is a guide much posturing ("you want to go to trial? Because I have nothing to do. I'll go to trial, so don't push me.") and little work will accomplished the next two weeks.

RUMPOLE UNCOVERS A VAST CONSPIRACY!!!!!:

Is it possible that there is some vast conspiracy between some all powerful "dry-cleaners political lobby" and the absolute refusal of any of the chief judges to modify the dress code for summer? If the Herald hadn't canned Nesmith, we know she would get right on this. Dark and powerful lobbyists never scared her.

See you in court.

DAVID RANCK UPDATE

The Miami Herald article on a case David Ranck handled is out today. The title links to the Herald article by Davild Ovalle. 

Ranck has four blog entires on his involvement on the case beginning here. 

Part IV of his blog entry on the case contains an insider's view of how the SAO and US Attorneys Office get along. Interesting stuff.

OK people, have at it. 

RANCKED OUT

Former ASA David Ranck had his federal lawsuit  against the SAO dismissed at the summary judgment stage by Judge Gold. David Markus has all the details here, 

including a link to the Herald story.  Those of you wishing to do so can email David at davidrancklaw at aol dot com. ( We have to write the email address that way or it screws up the layout of the blog but you should understand what we mean.)

DON'T LET THIS HAPPEN TO YOU. 

If you haven't gone to ATL and seen all the sordid details of a client, his wife, and a Case and White associate,  go here   and here. Even for Miami, that's an awful lot of sex going on. 

Moral of the story- we as criminal lawyers are a lot more accustomed to covering our tracks than these dopy civil guys who apparently leave footprints, hand prints, and blackberry email and text messages everywhere so that any aggrieved husband can connect the dots. 

Still lots of chatter on the Donte Stallworth case in the REGJB today. 

Query: does the sentence the SAO agreed to  in one case affect the sentences the SAO should be seeking in similar cases? 

It's an interesting issue. On the one had we decry the guidelines, especially in federal court. On the other hand, when someone gets a good deal (for whatever reason) people start complaining. 

We fall squarely on the side of every case is different; every person is different; and every case should be handled on the specific individual facts associated with that case. 

GREGG WENZEL

For those of you who remember Gregg Wenzel, he was a Dade Public Defender in the mid-1990's. The title of the post links to a CIA press release confirming that Gregg Wenzel died in the service of his country as a field agent for the CIA in Ethiopia in 2003. 

From the press release detailing the ceremony at the CIA on Monday:

“During months of rigorous training, Gregg stood out as a leader, for his talent and for his intellect, but also for his great sense of humor and a great penchant for fun,” Director Panetta said. “He helped unite the class and kept its spirits high in the toughest moments.”

Overseas, Wenzel gathered intelligence on a wide range of national security priorities. In Director Panetta’s words: “At age 33, a promising young officer—a leader and friend to so many—was taken from us. We find some measure of solace in knowing that Gregg achieved what he set out to do: He lived for a purpose greater than himself. Like his star on this Wall, that lesson remains with us always.”

This story comes to us courtesy of Brian Tannebaum, who was Gregg's friend,  and has always worked to keep Gregg's memory alive.  True friend that he is, Brian went to the CIA ceremony honoring Gregg. Very nice. 

ASA David Ranck reports to us that he has been fired for his arrest on charges of battery on a pizza delivery woman. If Mr. Ranck was not in the middle of a contentious federal lawsuit with the State Attorneys Office, this story would not smell as bad as it does. 

FREE SPEECH, DAVID RANCK, AND THE BLOG

The title of the post link's to Jay Weaver of the Herald and his article about ASA David Ranck's lawsuit against the State Attorneys Office- an office Ranck has served so well for over twenty five years. 

In 2004 Ranck was assigned to a police shooting of an unarmed teenager who was accused of committing a burglary.  Ranck didn't like what he saw and heard and he said so in his memo. 

 A police Major called the State Attorneys office and asked that Ranck be removed from the case. He wasn't "playing ball." Fully committed to the belief that "we who work here seek only justice" State Attorney Fernandez-Rundle (hereinafter "Fernandle") promptly removed Ranck from the case.  Nixon couldn't have done it any better.  See, Archibald Cox.  

When Fernandle removed Ranck from the case, Ranck wrote a memo stating that his removal created the appearance that the State Attorneys Office was not impartial in finding out the facts  of the shooting. 

THE BLOG AND THE FEDERAL LAWSUIT.

Last year Ranck filed a public records request to obtain his own memo and when he received it  we posted it on this humble blog. 

See our Post: The Death Of Leonardo Barquin.

And here's the DBR covering Ranck and our coverage of this contretemps in May, 2006. 

Ranck was promptly suspended without pay for a month. 

He hired counsel and sued the State Attorneys Office in Federal Court. 

And that's where things are at this point. 

Rumpole ponders:  1) memo to Jay Weaver and the Herald: if we're going to do your leg work for you (publish the memo and publish the story about Ranck) the least you can do is put the address of the blog in the article. 

2) Ranck had to file a public records request to get his own memo??? Sort of puts a new spin on when prosecutors show up in court and say they don't have their file and are not sure how long it will take to get it. 

3)  Can anyone imagine Janet Reno removing a prosecutor from a case who challenged a police officer's version of shooting an unarmed man, at the request of the officer's supervisor?

Perhaps we should all chip in an buy Fernandle a "WWJD" bracelet. 

(what would Janet do?)

Will Ranck take the stand? 

Will Fernandle take the stand?

Will Don Horn take the stand?

WILL RUMPOLE TAKE THE STAND?

Stay tuned. 

Enjoy the weekend, even if it's raining a bit. 

TUESDAY MEANS LINES

UPDATE BELOW: ASA David Ranck replies to the opinion and his conduct in Chapinoff.

Once again we come to work on a Tuesday with a Monday off. And once again our clients will be faced with inhumanely long lines. Nothing turns people off to the court system then the perception that it is an unwieldily bureaucracy plagued with long lines,  and staffed by clerks who do their utmost to frustrate you. 

Access to our court system must mean at a minimum the ability to get into the damn building. 

We know that Judges Slom and Blake have worked to "slake" this problem. (get it? Slom + Blake =Slake.)

But something tells us that if all the Judges who work in the REGJB  had to wait in the same line with the  rest of our citizens, that something more would be done. Perhaps the Judges would get serious about not scheduling the regular number of cases for trial on a week that starts with a Tuesday instead of a Monday.  If they had to wait an hour or more to just get into the building, we think, and call us crazy if you wish, but we think something more would be done to address this problem. 

ANSWER TO YESTERDAY'S QUIZ:

1) Nixon; 2) Carter; 3) Reagan; 4) Bush (41);  5) Bush (43); 

6) Clinton.

DAVID RANCK ADDRESSES THE DECISION IN CHAPINOFF:

We received this email:

What I said in the Chapinoff trial was wrong and I am accountable for it. As a prosecutor who enforces consequences on those who have done wrong I accept those consequences when I have done wrong myself. Accountability is key in our system of justice and it applies to all of us, the president of the country, appellate court justices, circuit court judges, prosecutors, defense attorneys, and defendants. The opinion was of course personally humiliating. That's a consequence. But more so, I let so many people down: my colleagues both in my office and in the defense bar who have been so supportive of me in the past, and the standards of my profession. Most of all I let down the police officers who worked so hard on the case and the family of the victim because my wrong-doing has been deemed the principal reason that a convicted murderer is now free, forever. That, obviously, is the most important consequence.

Everyone who has written or spoken to me about the opinion has asked me "what the whole story is." Under the applicable system of accountability the only story deemed relevant is that written in the opinion.

30 YEARS AT THE SUPREME COURT

NY TIMES Reporter Linda Greenhouse is retiring after covering the Supreme Court for 30 years, Click on the title of the post to read the article. 

PENNY BRILL WAS RIGHT!!!

That is the current  headline on David Ranck's blog. We never knew anyone said she was wrong. Indeed, much to our chagrin, whenever we are in court going against her she usually has the correct law supporting her proposition. 

In any event, some think this is important. So click on this link HERE

and read all about  the pathos, the internecine intrigue, and everything else SAO from an insider. 

For those of you out of the loop, Penny Brill is an ASA who works in the office's legal division. She's one of the ones who come to court and tell the judge the law that they should know, but obviously don't. (In fairness to our robed readers, it's awfully hard to read an FLW on a golf cart or at a table at the Forge.)

RANCK WATCH

UPDATE: Check out the Broward Blog on the treatment given the wife of the Fort Lauderdale Chief of police. The better half of the Chief took a coupla shots at her hubby (can anyone say "10-20-Life" ?) and was able to get a first appearance and bond out in about 12 hours. Not even mentioning the fact that any other client would be held no bond on attempted murder with a firearm (the chief's sweetie was arrested for agg assault) the real question is how all of the sudden a circuit court judge was available to do the hearing, and how and why did the jail speed the "shooting spouse" through the booking process? Apparently when Judge Tobin promised "change in Broward" that included a secret expedited process for the wives of public officials.

The breaking story on our favourite blog north of the border is HERE

ASA David Ranck posted on his blog that he has been summoned to a meeting with among others, Don "The Hatchet" Horn in which he will be disciplined for his comments critical on the State Attorney's Office handling of a specific police shooting case and other police shooting cases in general.


We remember from the SAO's Christmas Eve Massacre that things could be worse for Mr. Ranck. He could be supporting a charity or he could lie about why he was fired. Longtime and careful readers will remember Mr. Horn's famous memo in which he informed a prosecutor he was being fired for inter alia, lying about why he was fired.
THREE MEMOS POST BY RUMPOLE


This was the third in a series of posts on the Christmas Eve Massacre at the SAO.
We haven't seen reasoning like that since Bush's justification for invading Iraq.




Click on the title of the post which link's to Mr. Ranck's blog. D-Day is Monday July 14, 2008 and H-Hour is sometime in the afternoon. (his blog has a typo error for the date, but it is probably this Monday, as "June 14th" has already passed. Is blogging about the wrong day Don Horn will fire you grounds for .....being fired? Maybe at 1350 NW 12th Avenue. )


Tequila and chips will be served at Mr. Ranck's office as his friends gather afterwards to help him pack. It's actually a crime to consume liquor on State property, but what the heck? What are they gonna do? Fire him?

THE DEATH OF LEONARDO BARQUIN

Leonardo Barquin was shot and killed by Miami Police Officer Jorge Espinosa. Barquin was one of two men who burglarized a home. Espinosa arrived and shot Barquin in the back and killed him.

Espinosa gave a statement that he saw Barquin with a gun. No gun was found. The co-defendant gave a statement that neither of the two men had a firearm.

This post is NOT about whether Espinosa had just cause to fire his weapon.

This post is about how the Dade County State Attorneys Office handles police shootings.

Here is what we know: ASA David Ranck was assigned to the shooting. Those of you who know Mr. Ranck know him to be one of the finest, most experienced, honest, and ethical lawyers the SAO has ever been lucky to have.

Mr. Ranck was a career prosecutor with 20 plus years experience when he handled the investigation into this shooting. Or should we say that Mr. Ranck was assigned the shooting. Because when he had the temerity to question whether the shooting was justified HE WAS SUMMARILY REMOVED FROM THE INVESTIGATION.

Secret meetings were held behind his back. When Mr. Ranck refused to clear the officer immediately at the scene (or soon thereafter) Police Major Angus Butler called and complained about Mr. Ranck. Ranck was soon removed from the investigation. He was chastised for telling the lead homicide investigator that he had questions about the shooting. He was told that he had no authority to speak for the State Attorneys Office.

Think about it. An experienced prosecutor is assigned to a police shooting. The deceased is shot in the back. He does not have a firearm. The PBA lawyer representing the Officer is pressuring the homicide investigator to get the prosecutor's position on the matter. The prosecutor responds to a phone call.... and later is removed from the shooting and chastised for doing his job.

But enough about our feelings.

Below is the link to the blockbuster email from Mr. Ranck to all your favorite ASA's. Howard Pohl. Abe Laeser. Don Horn. Kathleen Hoague. Susan Dechovitz.

Here, in Mr. Ranck's own words, are the problems with how the SAO handles police shootings. Draw your own conclusions.

RANCK EMAIL

We are left with the sad thought that it is just too bad this came out a few days after the qualifying deadline for State Attorney.

From the Christmas day massacre to possible police shooting cover-ups, to morale lower than President Bush's approval ratings, something just doesn't seem right at the SAO.


See You In Court.

ps. When you go to the site, which is a blogger site, look at the statement under "about me"= "pre-unemployed". That would be a tragedy indeed.
Perhaps the legal community can help here.