RULE 3 HAIL MARY

When all hope is lost and the jury has returned a verdict of guilty and the 3rd DCA has said PCA, all that is left is a 3.850.

Thus was the scene this week when a familiar face was led into a courtroom on the second floor to have his 3.850 motion heard by Judge Milton Hirsch.

It must have been difficult for Judge Hirsch to sit and listen as one of his former colleagues from the defense bar and one of his former colleagues from the bench, one Phil Davis, sat in a red jumpsuit, looking haggard and gray and all but beaten by a system that once he tried to game.

His history is all too familiar to the regular denizens of the REGJB. Electoral victor over _______(name the opponent Davis beat for super duper REGJB BLOG extra credit), Davis took a seat on the circuit court bench in the REGJB and immediately began to exhibit bizarre courtroom behavior - berating prosecutors for filing informations, and hitting up lawyers in his chambers for loans. Eventually Davis became ensnared in the infamous Courtbroom scandal. His chambers was wired and he appeared headed for a downfall until (we can't make this stuff up) Davis was defended by one Alcee Hastings- himself an impeached federal judge before being  elected to congress (only in Miami does this crap happen, right?).

While his brethren from the bench all went down and went to prison- Judges Goodhart, Gelber, Sepe and Shenberg- Davis beat the rap. An astounding acquittal based in no large part by a spellbinding closing argument from Hastings who hadn't even sat through the entire trial.

Turned loose into the world, and unfortunately himself- Davis, who beat the feds couldn't beat his own demons and found himself in State court facing a serious charge of using a charity to defraud the government. Defended by, inter alia, Don Cohn, who himself was about to be elected to the county court bench, Davis turned down a plea offer of minimal jail time only to have Judge Butchko- she of late of the Dade Business Court- sentence him to twenty plus years or so.

We've written about Davis before, notably here.
And now it's down to this. A hail mary rule 3.850. Win big and go home or lose, and do not pass go, do not collect two hundred dollars, and be returned to a hellish fate in prison.

There's nothing pretty about the fall when it's this big.

See you in court.

THE SAGA OF PHIL DAVIS

A long time ago, in a galaxy far far away, there was a young circuit court judge who had ascended to the circuit bench by winning a run-off election against an attorney with the unfortunate (for electoral reasons) name of Fritz Mann.

A candidate with the first name of "Fritz" just didn't play well amongst  Miami's Jewish voters, so a young man named Philip S. Davis, was elected to the bench.  Davis was known around the courthouse. He handled some criminal cases. He wasn't anything special, but then again, this is a judicial election we are talking about. So Davis beat Fritz Mann.

So much for name recognition in judicial races.

This was a time before the wheel, when any judge could appoint any lawyer on any number of cases. And did.

Then a darkness descended on the REGJB.  A cabal of Judges engaged in selling their robes, and judicial appointments, for cash. A rogue lawyer named Ray Takeff became a federal informant. And in 1992- a year that will in REGJB infamy- Judges Sepe, Gelber, Davis, and Shenberg and former Judge David Goodhart were indicted in what is infamously known as "CourtBroom". Shenberg, in a sting, sold what he thought was the name of an informant that would be killed for $50,000.00. He was on video stuffing the money the FBI handed him down his pants exclaiming that it was hard to send a child to college on a judge's salary.
A slew of lawyers were also indicted.
Gelber flipped and went to prison. Shenberg was convicted and sentenced to fifteen years for conspiracy to commit murder. Sepe had some acquittals and a hung jury and eventually pled out. All the lawyers either pled or were convicted and went to prison.

But Davis was acquitted although he admitted to taking over $30,000.00 in bribes. A stirring closing argument by former federal judge (He was impeached- don't ask- this is Miami) Alcee Hastings (who is now a congressman. Don't ask. This is Miami) resulted in Davis being acquitted based on an entrapment defense. (Don't ask....)
"And David came to Bar-perazm and David smote them there; and he said: The Lord hath broken mine enemies before me."
Samuel 5:19-21.

Davis's complete acquittal was biblical in nature. He was on tape and as guilty as could be. But he had a second chance.

(Cue Darth Vader Music).

Then in 2005 Davis was arrested and charged in Miami state court with an organized scheme to defraud, and grand theft involving a charity and government funds. He went to trial in front of Judge B. Butchko (Darth Vader music) and was sentenced to a whole lot of prison time; lets just say his probation starts in 2030. The death star destroyed Alderaan. And Davis was launched. Deservedly so. He sold his robes and then stole from a charity. Enough is enough.

Until a little item crossed our path. Davis is back, with an evidentiary hearing on a rule 3.850 motion before our own Judge Milton Hirsch, who as a prominent defense attorney at the time, must have watched the proceedings- as we all did- with a sense of abject horror and fascination. There is a reset date in early December on Davis's 3.850 motion. 

Davis wrought havoc and dishonor in this courthouse and the judiciary. He was often impaired on the bench. He said and did outrageous things on the bench, and humiliated defense attorneys and prosecutors alike, subject to his warped whimsy.

This is in all likelihood it for Phil Davis. He lost at trial and appeal and now the next fifteen years of his life hang by the thinnest of threads- a 3.850 petition.

His name evokes a dark era in the REGJB; when Judges sold their robes and office, and his colleagues stuffed money down their pants not caring that an informant would be killed. His fall from grace was breathtaking in its scope. He had it all. A secure job. Respect. Dignity. And even when given a second chance, he blew it for some easy cash, a charity be dammed.

The story of Phil Davis is a modern Shakespeare tragedy, in all it's ugly, gory, glory.
"The fault, dear Brutus, lies not in our stars, but in our selves...."
Julius Caesar, Shakespeare.

See You In Court.

PHIL DAVIS CONVICTION AFFIRMED

. 

(Inmate Phil Davis)

The year was 1992 when the name "courtbroom" broke across a  Miami. First a whisper, the courtbroom scandal- a federal investigation into Miami Circuit Judges selling court appointments for kickbacks- crested and broke upon Miami and  ravaged the reputation of the Miami legal community like Hurricane Andrew roaring through a South Dade home built with chinese drywall. 

Judges Sepe, Gelber, Shenberg, and Davis, along with former Judge Goodhart and a gaggle of lawyers,  were all  eventually indicted. Gelber pled and flipped, rat that he was. Everyone else went to trial. All were convicted except a hung jury for Sepe (who later pled to one count to close out the case) and a complete acquittal for Phil Davis (thanks to the amazing job done by his lawyer, now Congressman, and former US District Court Judge until he was impeached, Alcee Hastings. And if that sentence doesn't tell you all you need to know about South Florida, then keep reading the blog.)

But like a bad penny that keeps showing up, former Dade Circuit Judge Phil Davis could not keep out of trouble. 
More than a decade after his surprising "OJ like acquittal" in federal court, Davis  was  convicted in Dade Circuit court for money laundering, grand theft, and participating in an organized scheme to defraud, all arising, not surprisingly, out of Davis's misuse of a charity. 

The 3rd DCA (Schwarz, Logue, and Lagoa) just upheld his conviction and TWENTY YEAR sentence here. 

Davis was an awful judge. 20 years is a devastating sentence for him. But really, does he have anyone else to blame but himself? He accepted bribes as a judge. He stole from a charity. At some point karma plays a role. 

See You In Court. 

UPDATE: Phil Davis trivia: who did Davis beat in his election as circuit judge? 

PHIL DAVIS GETS 20 YEARS

Monday update: We're going to leave the Davis post up today so those of you who contribute at work (or from the bench) can weigh in. 3-2 on football picks- 2-2 on games and 1-0 on the over.

PLAYOFF SUNDAY: Won on the Jets yesterday, should have picked the money line. Lost on the Cowpokes, but mitigated that with a win on the over.

Today: Ravens at Cheaters: Ravens, like the Jets, are built to win in January. Ravens -3 +500.

Pack at Cardinals. Line is all over the place here from Cardinals -2 t0 Cardinals +2. The money line is -110 for both (meaning you have to bet 110 to win 100) so lets call is even and put 500 brats on the Pack.

PHIL DAVIS : Requiem for a fallen man:

The sad and sordid saga of the life and legal career of former Dade Circuit Judge Phil Davis came to an inglorious end on Friday in a fourth floor courtroom in the Justice Building. A courtroom that was two floors above the second floor courtroom where Davis used to preside over twenty years ago.

On Friday Judge Butchko sentenced Phil Davis to 20 years in prison for stealing over $86,000 in County money ear marked for poor and underprivileged residents.

The title links to the Herald story.

We have no sympathy for Davis. He skated on a bribery and corruption case in federal court in which he was clearly guilty. His mish-mash defense then of cocaine abuse and entrapment was ridiculous considering his position, and only a lawyer as talented as ex-federal Judge Alcee Hastings could have pulled it off.

Having escaped the clutches of federal prison that ended up capturing co-conspirators former Judges Harvey Shenberg, Roy T. Gelber, Alfonso Sepe, David Goodhart, and others, Davis got a more than a one in a million chance.

And then he did it again.

And not only did Davis steal, he stole from the poor of this community and he committed his theft using what Judge Butchko labeled his "gifts" that he had "been blessed with."

All that being said, and with the firm belief Davis needs to go to prison if for no other reason than to punish him for acting like he was above the law for the last 20 years, the sentence is excessive.

The sentence is excessive because under our system we punish people based on the extent of the fraud and the monetary amount of the crime.

Disgraced NY Lawyer Marc Drier ran a Ponzi scheme, stole 700 MILLION dollars and received 20 years in prison.

The sentence is excessive because 20 years is anywhere from a third to a quarter of an individuals average life span and that is way too much to take away from someone who has not physically injured another.

The sentence is excessive because not only is it not proportionate with what federal courts in general have been giving across the country for this type of crime, but it is also excessive based on prior Miami Dade cases.

Within the last few years Circuit Judge John Schlessinger sentenced attorney and former prosecutor Knovack Jones to five years in prison for stealing over $300,000.00 in inheritance money from a client whom she befriended at her church. No coincidence that prior to becoming a Circuit Judge, Schlessinger spent many years in a distinguished career as a federal prosecutor.

We don't as a habit give the feds much credit, but this much is clear- they seem to realize the devastating impact prison has on an individual and most sentences come out between the 5 and 15 year range. It takes a lot to get into the 30-life category. Justifiably so.

The sentence is excessive because ten years is more than sufficient in this case. Davis would have spent behind bars ten birthdays, ten of his daughters birthdays, ten holiday seasons, and missed for a decade all of the small little things that make our lives memorable and enjoyable. He would have gotten out of prison in ten years as an old man with no conceivable way of making a decent living.

20 years amounts to a life sentence, and that is too much, even for the despicable crimes Davis committed in this case.

The sentence is excessive because the minimum sentence under the guidelines was 4 years and the maximum was 30. 10 years in prison followed by 10 years probation and 5000 community service hours to be performed at the rate of 500 hours per year would have accomplished the same goal.

Having witnesses Davis in court as a judge and watched as this reprobate sold his robes and sullied the reputation of our humble courthouse and all who worked here, we take no joy in defending him. Indeed, we are not defending him. We are just saying that in general the system for punishment and the terms of incarceration that Judges issue, especially in the state courts of Florida, are out of line, and are excessive to the point of being cruel and unusual.

Our legal system is supposed to issue punishment based on the crime in a fair, moderate, and humane way, devoid of vengeance based on emotion, and not cruel either in the manner or the length.

FOOTBALL: Our Saturday football playoff picks in the comments section today before noon.

DOWN GOES DAVIS!!!

GUILTY!!!

Two Broward Economic Crimes prosecutors did what an army of Federal Agents and Federal Prosecutors could not do some twenty years ago when a jury today found former Judge Phil Davis guilty of nine felony counts including money laundering, fraud, organized scheme to defraud (which is a first degree felony last time we looked) and grand theft. 

A shocked and sullen looking Davis was handcuffed and led away.  Sentencing was set for January 8, 2010. 

Davis will now spend his foreseeable future in a place once unimaginable for him- the same jail he sentenced countless defendants to, while taking bribes from attorneys and snorting cocaine in his chambers. 

Karma baby. 

Here's reporter/Blogger Tim Elfrink's New Times post on the conviction. 

WHY PHIL DAVIS MATTERS

UPDATE: DAVIS JURY OUT- if someone could email us when the verdict comes in that would be appreciated. 

Far removed from the familiar confines of NW 12th Street and 12th Avenue, we have been wondering why we have taken such an interest in the current trial of disgraced former Judge Phil Davis.

Here's why.

Phil Davis was a one of three sitting Circuit Court Judges to be arrested in Operation Courtbroom. Judges Alfonso Sepe and Roy Gelber were the other two sitting circuit court judges to be arrested along with sitting County Court Judge Harvey Shenberg, former Circuit Court Judge David Goodhart and a few other criminal defense attorneys. There were a few separate crimes and conspiracies going on at the same time, the chief offense being that defense attorneys were giving circuit judges kick backs for what was then lucrative court appointments. Along the way County Court Judge Harvey Shenberg agreed to sell the name of a CI that he was led to believe would be killed, for $50,000.00.

Davis and his cohorts represented both the end of innocence at the Justice Building, and a shattering of the belief that Judges-like them or not- were there to do justice. Sometimes wrong, often arrogant and seemingly uncaring, many Judges seemed to us at the time as petty and insecure, and not really suited for the responsibilities they had been entrusted to shoulder. But never in our wildest imagination did we believe that a Judge- not to mention four sitting judges- would be actively striking against the principles we all stood for.

Suddenly, every ruling a Judge issued resulted in whispers. "They're on the take, just like the rest of them" people would say, and what could we as lawyers do to respond? For all we knew, our world having been turned upside down, maybe there was another shoe or two to drop.

An innocent cup of coffee between a Judge and a lawyer now looked like a conspiracy.

In short, Davis and his conspirators turned our courthouse into an outhouse. They defecated in it, and then they left. Hustled out in handcuffs. We- the lawyers and judges who remained- were left to clean up their effluent waste.

Today, the court appointment system is almost gone. Interaction outside of court between Judges and lawyers is much rarer. And perhaps that's a good thing. Our building survived, our reputation has slowly been rebuilt and in many ways our system of justice in Miami is stronger and wiser because of Courtbroom.

And then, almost like a one night stand you regretted once the sun rose, there is Davis, back in our courthouse, a defendant once again. And all the memories of the disgrace and pain and shame he brought upon all of us is dredged back up to the surface once again.

Davis was acquitted in Courtbroom, mostly due to the eloquent closing argument of former Federal Judge and now Congressman Alcee Hastings. And just to show that Courtbroom was not an isolated incident, Davis managed to find more trouble shortly thereafter and was disbarred. And now for the second time in twenty years, Phil Davis will stand before a Jury to hear his fate. This time, Alcee Hastings won't be standing next to him.

It doesn't really matter what happens to Phil Davis. The damage he did remains, although the scars have faded. He is clearly a tortured soul. He had a job many aspire to- and he threw it all away. He had a profession many envied. And he threw that away too. He set up charitable organizations to ostensibly help the underprivileged, and now he stands accused of the reprehensible act of stealing from the poor he promised to serve.

In the final analysis, it's not the damage Davis did, but the lessons we learned.

It's not the money he stole, but the integrity we refused to relinquish.

It's not the office he disgraced, but the proud service of those who came after him.

Which is why, in retrospect, Phil Davis doesn't matter at all.

PHIL DAVIS UPDATE

Whilst on our travels, we received this email from a 12th Street Irregular:

Rumpole- quick and sparse update on the Phil Davis trial. I was in the building today and was told closings would be in the afternoons. No surprise the JOA motions were denied. It's a big nasty paper case and the jury will probably not be charged until 5pm. Most insiders are predicting a verdict Wednesday, but there is no real consensus as to whether it will be guilty or not guilty. 

Rumpole says: Thanks. Anybody see the closings? 

Here's New Times Blogster/Reporter Tim Elfrink on the case. 

DAVIS TAKES THE STAND

An email on Former Judge Phil Davis testifying is below. But first....

In Broward, there was some big shot lawyer named Scott Rothstein. He hired ex-sheriff Ken Jenne when he got out of federal prison. He hired ex-prosecutors and ex-judges, and set up shop as a big, politically connected lobbying firm.  Personally, being North of the Border, our opinion was WGAS? (it's not to hard to figure out- hint: G=Gives, A=a") Now comes word Rothstein, who was also running an investment program(scam) has flown the coop and millions of dollars of investment funds are missing.  Rothstein has been reported in Morocco and/or Venezuela, both of whom coincidently enough do  not have extradition treaties with the US. (which just goes to show you he's smarter than Bernie Madoff.) 

The Broward  Blog has coverage here and David Markus has an interesting take here that essentially with the layoffs at newspapers, the blogs are the one that broke and followed this story. WGAS? 

We received this email:

Rumpole: Please accept this as an application (I didn't see any formal forms) to be included in your 14th Street Irregulars. As such, I file my first report from the courtroom of Judge Beatrice Butchko, and State v. Phil Davis. 

Your readers will remember Phil Davis as the former circuit court judge arrested and disgraced (but acquitted) in the federal bribery investigation famously known as Courtbroom. Soon after his acquittal Davis managed to get himself disbarred based on some shenanigans he pulled before a Federal Judge in California. 

Davis is being charged in some sort of paper case fraud arising, I think out of money he received from state and federal grants from some misbegotten charity he was running. 

I saw the cross. Davis will be acquitted. 

This prosecutor did not lay a glove on him. Davis, looking much older and sporting a shock of gray hair and a gray beard has not lost his touch. Plus he was well prepped. He was soft spoken but did not give any ground.  He was erudite and well knowledgeable about the forms in question to the point that he several times assisted the befuddled prosecutor who was cross examining him. 

Your readers will remember that before winning election against Fritz Mann, Davis was a trial lawyer himself. It showed. He assumed command and did not give ground to the prosecutor. He could see every question coming, he knew when the prosecutor was trying to lay the ground work for a trap, and he answered everything in a professorial and forthright way. He peppered his responses with soft mentions that he was running a charity that was taking kids to Viscaya and helping the underprivileged in the community. In short- he ate this guy's lunch. I haven't seen the whole trial, but from what I saw, they should call this before the prosecutor hurts himself anymore. 

It should come as no surprise Davis is accused of stealing from the public. He sold his robes for some bus and cocaine money. But it doesn't seem to me these wonky paper case prosecutors were any match for Davis's ability on the stand. He will skate again. 

Rumpole says: Thank you and consider yourself the first in what is hopefully many 14th Street Irregulars.  I am not fooling when I say I will be out of town until the end of the year and beyond and I cannot keep this blog running without helpful reporting and tips.  Indeed, I can no longer sign off with my famous "see you in court" because for the next few months, sadly, I won't.