GAYLES BLAST US ATTORNEYS FOR SPYING ON DEFENSE

UPDATE WE HAVE THE ORDER- SCROLL DOWN- to use a phrase from the very first or second blog post we ever did, "it's a barn burner".  

You don't tug on Superman's cape

You don't spit into the wind

You don't pull the mask off the old Lone Ranger 

And in the SDFL - if you're a prosecutor you do not F with David Markus. 

Judge Gayles blasted AUSAs Ron Davidson and Elijiah Levitt (formerly of the county court bench in Miami) for lying to the court about what they knew and when they knew it about a cooperating defendant who the government used to spy on defense attorneys during strategy sessions where the defense attorneys had signed a Joint Defense Agreement. 

The Herald article is here. If someone has the order, please send it and we will post it. The most insidious part of the actions of the federal prosecutors is their initial pleadings in which they downplayed what the informant did and what they knew about it. Which- because federal judges do no think prosecutors or police officers ever lie- caused Judge Gayles to first not grant relief in the case. 

That ended today when Gayles granted the defense motion for a new trial. 

In this latest round it is DOM 1- USAO 0. 

Pisoni Order Granting New Trial by Anonymous PbHV4H on Scribd

YOUR TWO NEW FEDERAL JUDGES

UPDATED: A little REGJB/Blog/Fed trivia:
Name the last federal court judge in the southern district to have originally started his/her career as a county court judge.

The Federal JNC (Motto "the really really good JNC") has nominated four individuals for two open Federal Judge positions in the Southern District of Florida. And the surprising news is that all four nominees are State Court Judges. The nominees are:

Beth Bloom
Darrin Gayles
Peter Lopez
John Thornton

All REGJB criminal court judges or alumni. 

Once nominated, the two judges can look forward to a complete FBI investigation, an appearance before the Senate Judiciary Committee, and then becoming a political football, kicked back and forth between the Republicans and Democrats while their careers twist in political limbo. Some nominees become part of political deals and are approved, while other nominees become the line in the sand drawn by a senator out to prove a point. 

To Judges Thornton, Gayles, Bloom and Lopez:

The Good News: You've been nominated to be a federal judge. 
The Bad News: You've been nominated to be a federal judge. 
Sincerely, your favourite blogger. 

See You In Court.