Lawrence Tynes stood exactly seven yards away from the ball. The ball was on the 33 yard line. The sunlight had already faded in the University of Phoenix Stadium and the lights had been on for sometime now. The roar was a deafening din, but Tynes heard nothing. Sweat trickled down his forehead from his hair which was matted wet and into his left eye. The Giants were out of time outs and the field clock showed he had exactly 16 seconds to get the kick off. He could not take off his helmet and wipe his eyes. He would have to kick this one partially blind.
Eight yards away most of the Patriots were growling or yelling his name. Tynes looked up for just a brief moment and saw the safety jumping up and waving and trying to distract him. The scoreboard showed Patriots 35 Giants 33.
14 Seconds to go.
The Giants offensive line set down and Tynes called a few numbers. The long snapper looked at him between his legs while the holder barked out the signals. The ball would be snapped on three, so that the Patriots would have two chances to jump off sides and move the ball closer. Right now the field goal was exactly fifty yards. Tynes had been making them from 55 in practice without a problem, but that was four hours ago. Since then Tynes had a 35 yarder blocked and he had missed two others from 40 and 45. When the field goal was blocked in the first quarter a Patriots lineman had taken a shot at him during the mad scramble for the ball. Tynes had fallen and twisted his knee. The knee swelled up to the size of a grapefruit and at halftime he had the trainer give him shot. Right now his leg was numb. He could run on it and he could kick with it, he just couldn’t feel it.
On the sidelines during the last time out Coughlin hadn’t said much.
“Fifty yards” Coughlin had said.
“Bout that” Tynes replied.
“Your leg?”
“Just fine.”
The coach nodded and Tynes trotted out on to the field. Nothing more needed to be said. History and the chance to pull off perhaps the greatest upset in the history of the National Football league hung on Tynes’ numb leg.
The long snapper tensed up as the second request for the ball came. Out of the corner of his eye, Tynes saw his holder glance at him. Tynes gave him a quick wink.
8 seconds to go.
The ball came perhaps a tenth of a second late and a little higher than the holder wanted. It wasn’t much, but usually it would be enough to throw off his timing just enough to hook the ball right.
But Tynes knew there was pressure in this snap so he had waited perhaps an additional half second before starting his windup. It was just enough time to give the holder a chance to catch the ball and adjust.
Tynes saw the ball spin so that the laces were away from his foot. The ball was placed down, and perhaps ten thousand lights from camera flashes went off in the stands in front of Tynes. Tynes saw none of this because his head was down and he was looking at the ball. Like a golfer, it was important he keep his head down through the swing.
There was the usual pile up of humanity in front of him, but from his left Tynes saw that the Patriots had overloaded the line at the last moment. A safety had broken free and was streaking towards Tynes, his hands held out in front of him like Superman.
7 seconds left in the game.
Tynes went through his windup. He planted his foot and felt a sharp pain shoot through his leg. The pain killer was wearing off. His foot slipped as he winced, but not much, and he thought that his plant was good.
The safety was getting close. Tynes thought that he might just be able to tip the ball and that wouldn’t be good, so he hurried his kick just a bit quicker than normal.
A small breeze drifted in from behind the kicker. Despite the desert atmosphere, the breeze was cool as the sun had set. Tynes foot made good contact with the ball and Tynes reminded himself not to put everything he had into the kick. His leg was strong and he didn’t need to over kick the ball otherwise the kick would pull to the left.
The ball went up on the slightly lower trajectory that Tynes had planned. He needed a lower trajectory to get the distance to make the 50 yarder .
The safety was in air now with his arms outstretched. Tynes couldn’t be sure, but he thought he saw the safety’s right index finger make contact with the ball.
The ball started its end over end spin and Tynes noticed that it was spinning good. The safety hadn’t affected the kick. Now the only question was whether he had the distance.
The ball spun into the dark night while thousands of flashes from cameras continued to light up the night.
Tynes never saw the other safety who came in from the right side. The safety was blocked by a Giants offensive lineman, but the block forced the safety into Tynes. The safety hit Tynes- but it was a legal hit- and Tynes was hit just after he put his foot on the ground. The impact spun him around and before he hit the ground he noticed Eli Manning sitting on the ground with his helmet off and his head between his hands. Several Giants were holding hands, while the coaches had grouped together. Coughlin was standing as he always did with his hands on his hips.
The ball continued spinning but Tynes couldn’t see it. He was on the ground.
The crowd was roaring but there was no way for Tynes to know what that meant. Half the crowd was for the Giants and the other half for the Patriots. Either way about 35 thousand people would be cheering.
Some dirt had flown up into his helmet and stuck to the sweat on his face. Tynes was face down in the dirt when he felt the first hand on his back. In a second or so he would know either way just how his life had changed.
Saturday, February 02, 2008
Thursday, January 31, 2008
MEAN RUMPOLE
In the wake of our criticism of the FACDL and Judges Blake and Slom, we have been flooded with emails telling us in so many words to back off and give these guys a break. Criticizing these guys is apparently akin to kicking a puppy.
For instance:
"Rumpole: I think you need to work on your interpersonal skills. When you have a problem with someone, I have found that the better approach is to quietly sit down and talk it out with them. I would suggest that in the future you avoid public confrontations.
Sincerely, your faithful reader,
OJ Simpson."
"Mr. Rumpole: try not to act so erratically in public.
Britney Spears"
"Rumpole: Diplomacy is always the best course.
Best Regards,
George W. Bush."
So clearly, public opinion is running against our criticism of the chief judges for not quickly and effectively addressing the court house parking and access problems on Mondays (and Tuesdays when Monday is a holiday.)
Meanwhile, members of the FACDL have sent us emails promising that work is being done on the Sy Gaer memorial. Without naming names, we have been told that money has been appropriated, the memorial approved, and the only thing remaining is a few loose ends. Rumpole has obtained the emails dealing with those loose ends, which we print here exclusively:
From: FACDL Bigwig
To: Chief Judge:
RE: Sy
I am pleased to report that the joint judicial/facdl taskforce has reached the following agreements: 1) The picture of Sy will be 10 1/2 by 11 3/4, which represents an agreement by facdl to abandon their request that the picture be 10 3/4 x 12.
2) The height of the picture will be 77 inches, which represents an agreement by the judges to raise the height 4 inches.
3) The box holding Sy's book will be placed "not more than" 2 1/8 inches away from the supporting wall. 4) We still have not figured out a way to get the hammer and nails past security so we can hang the picture and secure the box. Please advise.
From: Chief Judge
To: Facdl Big wig
The hammer and nail issue remains a difficult point to resolve. We have received your request to bring the aforesaid hammer and nail through security. While you did provide the mandatory 12 copies, the original was signed in black ink, not blue as was clearly specified. The request is being returned to you to comply with our procedures. However, as you know, REGJB policy clearly requires that all items which are to be mounted on a wall for public display be done during the month of February only. Since our policy is to take 5 weeks to carefully review any requests to bring hammers and nails into the building, your request could not be approved until March 2008, which would make February 2009 the earliest this could be accomplished. However, since there will be a Judicial election in September and November 2008, we cannot actually approve your request until all new Judges have served 13 months on the bench. This means the earliest we could approve your request would be March 2009, which would push the actual instillation of the items until February 2010.
Best wishes, your pal,
CJ.
So there you have it. Your tax dollars at work.
When will Sy's memorial be up?
When will a citizen of Miami be able to come to court and find parking and not have to wait in line for an hour or more?
Call us a cynic, but we think the Dolphins will win the Super Bowl before this gets done.
We think they will find WMD's in Iraq before this gets done.
We think Dick Cheney has a better chance of being selected as Obama's running mate than these issues have of being resolved.
But what do we know?
See You in court.
For instance:
"Rumpole: I think you need to work on your interpersonal skills. When you have a problem with someone, I have found that the better approach is to quietly sit down and talk it out with them. I would suggest that in the future you avoid public confrontations.
Sincerely, your faithful reader,
OJ Simpson."
"Mr. Rumpole: try not to act so erratically in public.
Britney Spears"
"Rumpole: Diplomacy is always the best course.
Best Regards,
George W. Bush."
So clearly, public opinion is running against our criticism of the chief judges for not quickly and effectively addressing the court house parking and access problems on Mondays (and Tuesdays when Monday is a holiday.)
Meanwhile, members of the FACDL have sent us emails promising that work is being done on the Sy Gaer memorial. Without naming names, we have been told that money has been appropriated, the memorial approved, and the only thing remaining is a few loose ends. Rumpole has obtained the emails dealing with those loose ends, which we print here exclusively:
From: FACDL Bigwig
To: Chief Judge:
RE: Sy
I am pleased to report that the joint judicial/facdl taskforce has reached the following agreements: 1) The picture of Sy will be 10 1/2 by 11 3/4, which represents an agreement by facdl to abandon their request that the picture be 10 3/4 x 12.
2) The height of the picture will be 77 inches, which represents an agreement by the judges to raise the height 4 inches.
3) The box holding Sy's book will be placed "not more than" 2 1/8 inches away from the supporting wall. 4) We still have not figured out a way to get the hammer and nails past security so we can hang the picture and secure the box. Please advise.
From: Chief Judge
To: Facdl Big wig
The hammer and nail issue remains a difficult point to resolve. We have received your request to bring the aforesaid hammer and nail through security. While you did provide the mandatory 12 copies, the original was signed in black ink, not blue as was clearly specified. The request is being returned to you to comply with our procedures. However, as you know, REGJB policy clearly requires that all items which are to be mounted on a wall for public display be done during the month of February only. Since our policy is to take 5 weeks to carefully review any requests to bring hammers and nails into the building, your request could not be approved until March 2008, which would make February 2009 the earliest this could be accomplished. However, since there will be a Judicial election in September and November 2008, we cannot actually approve your request until all new Judges have served 13 months on the bench. This means the earliest we could approve your request would be March 2009, which would push the actual instillation of the items until February 2010.
Best wishes, your pal,
CJ.
So there you have it. Your tax dollars at work.
When will Sy's memorial be up?
When will a citizen of Miami be able to come to court and find parking and not have to wait in line for an hour or more?
Call us a cynic, but we think the Dolphins will win the Super Bowl before this gets done.
We think they will find WMD's in Iraq before this gets done.
We think Dick Cheney has a better chance of being selected as Obama's running mate than these issues have of being resolved.
But what do we know?
See You in court.
Wednesday, January 30, 2008
REAPING WHAT WE SOW
UPDATED WITH BREAKING BLOG NEWS: JURY VERDICT IN ROLEX ROBBERS CASE.
GUILTY.
The unintended consequences of the budget cuts in the Justice System are detailed here in this DBR article. DBR
From the article that details the delays in a criminal case in which a person was shot and his wife was murdered: "The Sutton case illustrates what may end up becoming a constitutional crisis of massive proportions in the state’s court system. The state is struggling through a budget shortfall and cuts in the court system are hampering prosecutors, courts and public defenders."
EDWARDS DROPS OUT:
Rumpole's choice for President, John Edwards, has dropped out of the race, marking the first time since 1968 when Rumpole's choice was not on the ballot (Robert Kennedy).
SUPREME COURT ARGUMENTS
June will be a busy month for Rumpole as he takes time away from research on disorderly intoxication to watch three cases that are being argued before the Supreme Court:
Tuesday, April 15
No. 07-330, Greenlaw v. United States (on circuits courts’ power to enhance criminal sentences sua sponte)
No. 06-7517, Irizarry v. United States (on notice to parties before departing from sentencing guidelines)
Wednesday, April 16
No. 07-343: Kennedy v. Louisiana (on the constitutionality of the death penalty for child rape)
A Picture Speaks a Thousand Words:
A special REGJB prize awaits the first loyal reader who emails us a picture of the lines to get in the Justice Building on a Monday. If you want the prize you will have to identify yourself in the email, but we will keep your identity confidential. (And if there's anything we've shown we can do in the last two plus years, it's keep a secret.)
FACDL FAKES.
You join FACDL. You pay your dues. Then they say they will do something nice to help remember Sy Gaer. And then nothing. No picture in the lobby. No black book. Nothing. Lots of talk, no action. You would think they are in training to become a chief judge.
ROLEX ROBBERY CASE TO THE JURY?
The two defendant murder-robbery case before Judge Reemberto Diaz is wrapping up today. As soon as the jury has a verdict (and the Herald reports it) we'll be the "first" to let you know.
GUILTY.
The unintended consequences of the budget cuts in the Justice System are detailed here in this DBR article. DBR
From the article that details the delays in a criminal case in which a person was shot and his wife was murdered: "The Sutton case illustrates what may end up becoming a constitutional crisis of massive proportions in the state’s court system. The state is struggling through a budget shortfall and cuts in the court system are hampering prosecutors, courts and public defenders."
EDWARDS DROPS OUT:
Rumpole's choice for President, John Edwards, has dropped out of the race, marking the first time since 1968 when Rumpole's choice was not on the ballot (Robert Kennedy).
SUPREME COURT ARGUMENTS
June will be a busy month for Rumpole as he takes time away from research on disorderly intoxication to watch three cases that are being argued before the Supreme Court:
Tuesday, April 15
No. 07-330, Greenlaw v. United States (on circuits courts’ power to enhance criminal sentences sua sponte)
No. 06-7517, Irizarry v. United States (on notice to parties before departing from sentencing guidelines)
Wednesday, April 16
No. 07-343: Kennedy v. Louisiana (on the constitutionality of the death penalty for child rape)
A Picture Speaks a Thousand Words:
A special REGJB prize awaits the first loyal reader who emails us a picture of the lines to get in the Justice Building on a Monday. If you want the prize you will have to identify yourself in the email, but we will keep your identity confidential. (And if there's anything we've shown we can do in the last two plus years, it's keep a secret.)
FACDL FAKES.
You join FACDL. You pay your dues. Then they say they will do something nice to help remember Sy Gaer. And then nothing. No picture in the lobby. No black book. Nothing. Lots of talk, no action. You would think they are in training to become a chief judge.
ROLEX ROBBERY CASE TO THE JURY?
The two defendant murder-robbery case before Judge Reemberto Diaz is wrapping up today. As soon as the jury has a verdict (and the Herald reports it) we'll be the "first" to let you know.
Tuesday, January 29, 2008
JUST WONDERING
How is that Sy Gaer memorial coming, FACDL head honcho Barry Wax?
You know, the one with a his small black book and a picture of Sy? Any day now?
Why did it take a lawsuit for JAC to pay court reporters the bills for work they performed? Is JAC getting as bad as health insurance companies?
When (if ever) is the SAO going to address the allegations of sexual harassment by one of the division chiefs they just fired? Or does quitting mean never having to say you're sorry?
In this day and age when judicial restraint are the code words for appointment and advancement in the federal system, by what right and what power does a Judge tell an acquitted defendant that he cannot speak about his ordeal at the hands of the government?
Do any of the chief judges give a damn that there is no parking and it takes a freaking hour (that's a legal term they teach in law school. It means "a long f'ing time") to get into the building on a Monday? Or are those problems the price people pay for justice at the Justice Building? It's not like there are less cases every year. There are more cases, and no matter how many hours they spend studying this problem on the golf courses of Miami, it's not going to get any better.
What happened to that case before Judge Jimenez where evidence of the homicide cops instructing witnesses on how to testify came out during the motion to suppress?
Just who disenfranchised Florida's democratic voters from the presidential primary. And why isn't that person's head on a platter?
What are the odds that both races end up in an open convention? About a year ago we would have said the odds were about the same as any football team having an undefeated season. And yet...
And speaking of politics, does todays events mean Teddy Kennedy won't be taking the Clintons sailing again any time soon?
Just wondering.
You know, the one with a his small black book and a picture of Sy? Any day now?
Why did it take a lawsuit for JAC to pay court reporters the bills for work they performed? Is JAC getting as bad as health insurance companies?
When (if ever) is the SAO going to address the allegations of sexual harassment by one of the division chiefs they just fired? Or does quitting mean never having to say you're sorry?
In this day and age when judicial restraint are the code words for appointment and advancement in the federal system, by what right and what power does a Judge tell an acquitted defendant that he cannot speak about his ordeal at the hands of the government?
Do any of the chief judges give a damn that there is no parking and it takes a freaking hour (that's a legal term they teach in law school. It means "a long f'ing time") to get into the building on a Monday? Or are those problems the price people pay for justice at the Justice Building? It's not like there are less cases every year. There are more cases, and no matter how many hours they spend studying this problem on the golf courses of Miami, it's not going to get any better.
What happened to that case before Judge Jimenez where evidence of the homicide cops instructing witnesses on how to testify came out during the motion to suppress?
Just who disenfranchised Florida's democratic voters from the presidential primary. And why isn't that person's head on a platter?
What are the odds that both races end up in an open convention? About a year ago we would have said the odds were about the same as any football team having an undefeated season. And yet...
And speaking of politics, does todays events mean Teddy Kennedy won't be taking the Clintons sailing again any time soon?
Just wondering.
Monday, January 28, 2008
STAR WARS
EPISODE IV: A NEW HOPE
It is a period of civil war. Rebel Court reporters, striking from their hidden base, have won their first victory against the evil galactic and Florida Empire, JAC.
During the battle, rebel spies managed to steal secret plans to JAC's ultimate weapon: the thirty six page request for reimbursement form. This form is complex enough to allow JAC to deny any and every claim for reimbursement, which strikes at the very heart of the rebel court reporters' ability to work.
Pursued by JAC's sinister agents, Princess Rosa Naccarato races to circuit court and manages against all odds to achieve a stunning victory that can save her court reporters and restore order and sanity to Florida's court systems.
But the Evil JAC will not rest.....
(The following is a memo obtained by Rumpole)
TO: PCAC or Indigent for Costs Counsel
FROM: Goldman, Naccarato, Patterson, Vela & Associates, Inc.
This is a brief but necessary disclosure from the available court records and is not a confidential disclosure. Circuit Court Judge David Miller denied JAC’s Motions to Dismiss and Motion for Change of Venue to Leon County on January 10, 2008. On January 14, 2008, GNPV settled its differences with JAC by Mediation Agreement so that GNPV remains a contract vendor with rights set out in the Mediation Agreement. Ultimately the pending cases will be dismissed. GNPV is hopeful that it can continue, in some places where it left off, to do the same type of work for which it was hired in the past. Now GNPV has complete confidence in its relationship with JAC and can assure its reporters and counsel of its new confidence and security in its JAC relationship. GNPV looks forward to continuing if not expanding its business.
Very truly yours, John R. Sutton
Saturday, January 26, 2008
THIS SPACE FOR RENT
The football season has dwindled down to its final game: Next Sunday is Super Bowl Sunday. Most americans will spend the morning in their favourite house of worship, before solemnly settling down to four to six hours of lust, greed, gluttony, and over indulgence. But the mere fact that we seek the good lord's blessings before hand is what makes us a greater country than, say, a country run by Muslim extremists, who hmmm.....also seek the lord's blessing before engaging in any activity.
But.ummm....they have the wrong deity, so that makes us better. Right?
In the darkest days of the Civil War – a group of ministers went to see President Lincoln in the White House. The North was not doing well at the time.
One of the ministers asked Mr. Lincoln, "Is God on our side?"
The President replied:
"The question is not whether God is on our side. The question is whether we are on God's side."
Anyway, the end of the football season leaves a one day gap in our blog. Any individual who thinks they have something interesting to say, send us an email and we will give you a shot. Who knows, you may achieve the fame and fortune, not to mention the public adulation and the blogging groupies that have so enriched our life the past few years.
As long as you follow our simple rules, the blog will be yours on Sunday, to say and do what you want.
See You In Court, where our cross examinations often leaves the prosecution seeking Divine intervention.
But.ummm....they have the wrong deity, so that makes us better. Right?
In the darkest days of the Civil War – a group of ministers went to see President Lincoln in the White House. The North was not doing well at the time.
One of the ministers asked Mr. Lincoln, "Is God on our side?"
The President replied:
"The question is not whether God is on our side. The question is whether we are on God's side."
Anyway, the end of the football season leaves a one day gap in our blog. Any individual who thinks they have something interesting to say, send us an email and we will give you a shot. Who knows, you may achieve the fame and fortune, not to mention the public adulation and the blogging groupies that have so enriched our life the past few years.
As long as you follow our simple rules, the blog will be yours on Sunday, to say and do what you want.
See You In Court, where our cross examinations often leaves the prosecution seeking Divine intervention.
Friday, January 25, 2008
ROME IS BURNING?
Nope. But the Monte Carlo hotel in Vegas is on fire!!!!!
And congratulations to ASA Flora Seff on being named Prosecutor of the Year.
The Herald article is HERE
Thursday, January 24, 2008
HECKLE THE CHIEF JUDGE TONIGHT
Tonight. One night only. Those crazy and wild lawyers at the 11th Circuit Historical society are doing it again with a wild Symposium in which Chief Judge Joe Farina and former Chief Judge Gerald Wetherington will appear together in a reunion rivaling the Beatles reunion in historical significance and pure entertainment.
The Symposium is entitled “Reflections on Justice” and the Chief Judges will discuss the direction the Justice System has taken in the last 30-40 years and where we can expect it to go.
WHERE: Miami Historical Museum 101 West Flagler Street
WHEN: 6:00 PM Thursday evening.
Be there or be square.
And don’t pass up the chance to heckle Judge Farina on those long lines this past Tuesday at the Justice Building.
NO EASY ACCESS- NO PEACE!!!
The Symposium is entitled “Reflections on Justice” and the Chief Judges will discuss the direction the Justice System has taken in the last 30-40 years and where we can expect it to go.
WHERE: Miami Historical Museum 101 West Flagler Street
WHEN: 6:00 PM Thursday evening.
Be there or be square.
And don’t pass up the chance to heckle Judge Farina on those long lines this past Tuesday at the Justice Building.
NO EASY ACCESS- NO PEACE!!!
Wednesday, January 23, 2008
IF IT'S TUESDAY, THEN IT'S ALSO MONDAY IN MIAMI
(undated Herald Photo of Miamians waiting in line on Tuesday after the former federal holiday celebrating the birthday of Rutherford B Hayes.)
Something has got to be done.
The system is breaking down.
We are speaking of Tuesday trial days when Monday is a holiday.
Two of the busiest days of the court week are jammed into one, and the result is chaos.
Parking is next to impossible.
The lines to get into the courthouse are literally around the block.
There is mass confusion and everyone is upset.
In county court, calendars grind to a halt as both defense attorneys and prosecutors plead for more time when their clients/witnesses aren’t present because there is a decent chance they are stuck trying to park or in the security line (“people with knives to the left; people with rocket launchers to the right, please. Please take all explosives out of your pocket. All explosives must go through the x-ray machine. “ )
In felony court two days worth of calendars makes for large calendars, long lines, grumpy attorneys, overworked clerks, and Judges whose problems in getting the calendar done so they can get to Joes before noon we could really care less about.
Chief Judges Blake and Slom need to recognize there is a problem.
While they don’t have a problem parking, and while they don’t have a problem getting into the building, perhaps if they glance out of their dark tinted windows as they cruise into work humming the Gator fight song they may see the mass confusion going on outside their Corinthian leather appointed cars.
What the overcrowded court system does is cause disillusionment and disrespect for the court system. If we the victim in a case and it was dismissed in county court because it took us an hour to park and get through security, we would be very angry.
The system is broke, and Slom and Blake have the responsibility to fix it.
The system is breaking down.
We are speaking of Tuesday trial days when Monday is a holiday.
Two of the busiest days of the court week are jammed into one, and the result is chaos.
Parking is next to impossible.
The lines to get into the courthouse are literally around the block.
There is mass confusion and everyone is upset.
In county court, calendars grind to a halt as both defense attorneys and prosecutors plead for more time when their clients/witnesses aren’t present because there is a decent chance they are stuck trying to park or in the security line (“people with knives to the left; people with rocket launchers to the right, please. Please take all explosives out of your pocket. All explosives must go through the x-ray machine. “ )
In felony court two days worth of calendars makes for large calendars, long lines, grumpy attorneys, overworked clerks, and Judges whose problems in getting the calendar done so they can get to Joes before noon we could really care less about.
Chief Judges Blake and Slom need to recognize there is a problem.
While they don’t have a problem parking, and while they don’t have a problem getting into the building, perhaps if they glance out of their dark tinted windows as they cruise into work humming the Gator fight song they may see the mass confusion going on outside their Corinthian leather appointed cars.
What the overcrowded court system does is cause disillusionment and disrespect for the court system. If we the victim in a case and it was dismissed in county court because it took us an hour to park and get through security, we would be very angry.
The system is broke, and Slom and Blake have the responsibility to fix it.
(yes, we wrote this line with a straight face.)
We will be watching.
See You In Court, doing sudoko puzzles in line.
We will be watching.
See You In Court, doing sudoko puzzles in line.
Tuesday, January 22, 2008
WHO'S WEARING THE WHITE HAT THESE DAYS?
Not Prosecutors in Virginia.
In the State Of Virginia’s relentless pursuit to execute a retarded man (See, Atkins v. Virginia 536 U.S. 304 (2002) ) we now know the reason the prosecutor’s are so angry: Mr. Atkins may well be innocent of the accusation that he was the trigger man in a robbery. The death penalty in Virginia is only available for the person who pulled the trigger unlike Florida (motto: “we like to execute accomplices too”).
And in Virginia, getting a conviction means never having to say you’re sorry.
Attorney Leslie Smith who defended a co-defendant in this case, encountered the type of ethical dilemma that is a criminal defense attorney’s nightmare- the requirement that he keep his client’s secrets to the detriment and possible life of another person.
What occurred was that while Smith’s client was being debriefed by the prosecutor: one Cathy E. Krinick, the prosecutor stopped the tape, and pointed out the troubling fact that Smith’s client’s testimony that Atkins was the trigger man was not supported by the evidence. Being a good prosecutor (not!) Krinick did what the homicide cops should have done- coached the witness to give testimony matching the evidence. Once that small problem was cleared up, it was home sailing through the trial and the death penalty.
But Smith was wracked by his conscience: while representing his client, he probably witnessed the prosecution assist his client in giving perjured testimony that was necessary to put Atkins to death. But to speak up would be to reveal a client confidence and put Smith’s own client at jeopardy. And Smith didn’t want that because it was clear that ol’ Cathy Krinick was not going to rest until she killed someone in this case.
The NY Times article is HERE
After several attempts, Smith was finally able to get a state bar ethics lawyer to agree that because his client’s case was over, he was free to come forward with his statement.
No word on whether the Virginia prosecutor’s office, having been denied their bloodlust in this case, is seeking the death penalty against Smith for having the audacity to tell the truth.
Speaking of telling the truth…
Canada has added the United States to a list of countries that includes Iran, China, Israel, Egypt, and Mexico as a country that tortures its prisoners.
The AP reports that the US Ambassador to Canada had this to say:
“Damn right baby. However, I would take slight issue with China and Mexico, only to the extent that we employ much more technologically sophisticated torture methods. A bullet to the back of the head is just so crude, don’t you think?”
Actually, the Ambassador had this to say:
''We find it to be offensive for us to be on the same list with countries like Iran and China. Quite frankly it's absurd,'' U.S. Ambassador David Wilkins told The Associated Press. "For us to be on a list like that is just ridiculous.'' (Notice Israel and Egypt were missing from the Ambassador's statement. Why? Well both are allies, and the CIA uses the threat of releasing prisoners to Egypt for torture as a way to get captives to speak.)
Ridiculous? Yes.
Sad? Absolutely.
Not true? No way.
We torture people, pure and simple. And what President Bush and President Cheney don’t understand (because they never served in the military) is what Senator McCain and Collin Powell (former combat military officers) have said : that by using torture we are putting our own military at risk, because sure as you’re reading this, there will be another war, US soldiers will be captured, and we will have no right to complain when they are water boarded and held in the Iranian or North Korean (Or Canadian) equivalent of Guantanamo.
But since neither Bush nor Cheney nor their children are in the military,
c’est la vie (that’s Canadian for “The US is run by thugs and idiots.”)
Anyway, not many White Hats worn these days where they’re supposed to be.
See You In Court. It’s Tuesday after a Monday off. Yuck.
In the State Of Virginia’s relentless pursuit to execute a retarded man (See, Atkins v. Virginia 536 U.S. 304 (2002) ) we now know the reason the prosecutor’s are so angry: Mr. Atkins may well be innocent of the accusation that he was the trigger man in a robbery. The death penalty in Virginia is only available for the person who pulled the trigger unlike Florida (motto: “we like to execute accomplices too”).
And in Virginia, getting a conviction means never having to say you’re sorry.
Attorney Leslie Smith who defended a co-defendant in this case, encountered the type of ethical dilemma that is a criminal defense attorney’s nightmare- the requirement that he keep his client’s secrets to the detriment and possible life of another person.
What occurred was that while Smith’s client was being debriefed by the prosecutor: one Cathy E. Krinick, the prosecutor stopped the tape, and pointed out the troubling fact that Smith’s client’s testimony that Atkins was the trigger man was not supported by the evidence. Being a good prosecutor (not!) Krinick did what the homicide cops should have done- coached the witness to give testimony matching the evidence. Once that small problem was cleared up, it was home sailing through the trial and the death penalty.
But Smith was wracked by his conscience: while representing his client, he probably witnessed the prosecution assist his client in giving perjured testimony that was necessary to put Atkins to death. But to speak up would be to reveal a client confidence and put Smith’s own client at jeopardy. And Smith didn’t want that because it was clear that ol’ Cathy Krinick was not going to rest until she killed someone in this case.
The NY Times article is HERE
After several attempts, Smith was finally able to get a state bar ethics lawyer to agree that because his client’s case was over, he was free to come forward with his statement.
No word on whether the Virginia prosecutor’s office, having been denied their bloodlust in this case, is seeking the death penalty against Smith for having the audacity to tell the truth.
Speaking of telling the truth…
Canada has added the United States to a list of countries that includes Iran, China, Israel, Egypt, and Mexico as a country that tortures its prisoners.
The AP reports that the US Ambassador to Canada had this to say:
“Damn right baby. However, I would take slight issue with China and Mexico, only to the extent that we employ much more technologically sophisticated torture methods. A bullet to the back of the head is just so crude, don’t you think?”
Actually, the Ambassador had this to say:
''We find it to be offensive for us to be on the same list with countries like Iran and China. Quite frankly it's absurd,'' U.S. Ambassador David Wilkins told The Associated Press. "For us to be on a list like that is just ridiculous.'' (Notice Israel and Egypt were missing from the Ambassador's statement. Why? Well both are allies, and the CIA uses the threat of releasing prisoners to Egypt for torture as a way to get captives to speak.)
Ridiculous? Yes.
Sad? Absolutely.
Not true? No way.
We torture people, pure and simple. And what President Bush and President Cheney don’t understand (because they never served in the military) is what Senator McCain and Collin Powell (former combat military officers) have said : that by using torture we are putting our own military at risk, because sure as you’re reading this, there will be another war, US soldiers will be captured, and we will have no right to complain when they are water boarded and held in the Iranian or North Korean (Or Canadian) equivalent of Guantanamo.
But since neither Bush nor Cheney nor their children are in the military,
c’est la vie (that’s Canadian for “The US is run by thugs and idiots.”)
Anyway, not many White Hats worn these days where they’re supposed to be.
See You In Court. It’s Tuesday after a Monday off. Yuck.
Monday, January 21, 2008
Sunday, January 20, 2008
NELAN SWEET HAS PASSED AWAY
We read with sadness this morning in Joan Fleischman's column in the Herald, that former municipal court Judge Nelan Sweet passed away at age 85.
There is a service today, Sunday, at 2:30 at Mt. Nebo at 5505 NW 3rd Street.
Old timers will remember Mr. Sweet in the courtroom as a courteous attorney. And really old timers will remember Mr. Sweet along with Alvin Goodman as judges on the old Municipal Court. And really really old timers will have practiced in that court.
Sy Gaer. Alvin Goodman. Nelan Sweet. These were the lawyers who practiced law in the criminal courts as Miami turned from a sleepy southern tourist town into a bustling metropolis.
When a prosecutor or defense attorney walks into a courtroom a seeks justice, they are, in a sense standing on the shoulders of these pioneers. It's just something to remember the next time you, dear reader, think nothing happened in this town until you graced us with your legal genius. And that applies doubly to our robed readers.
There is a service today, Sunday, at 2:30 at Mt. Nebo at 5505 NW 3rd Street.
Old timers will remember Mr. Sweet in the courtroom as a courteous attorney. And really old timers will remember Mr. Sweet along with Alvin Goodman as judges on the old Municipal Court. And really really old timers will have practiced in that court.
Sy Gaer. Alvin Goodman. Nelan Sweet. These were the lawyers who practiced law in the criminal courts as Miami turned from a sleepy southern tourist town into a bustling metropolis.
When a prosecutor or defense attorney walks into a courtroom a seeks justice, they are, in a sense standing on the shoulders of these pioneers. It's just something to remember the next time you, dear reader, think nothing happened in this town until you graced us with your legal genius. And that applies doubly to our robed readers.
Saturday, January 19, 2008
CHAMPIONSHIP SUNDAY
And now the games are down to a precious few: two tomorrow, and then a bittersweet finale two weeks from now. Bittersweet because once again, going on some twenty plus years since our last super bowl appearance, our home town Dolphins just barely missed the playoffs. And it is sad to say, but if you are 33 years old, the Dolphins have not won a super bowl in your life time. But wait till next year!
First the rumors: No truth to the rumor that Bill the Cheater Belichick is lobbying to have the Dolphins replace the Chargers tomorrow on the theory the Chargers are all banged up and the Dolphins would be a more competitive match up.
Could these Cheaters be any luckier? They win the Ravens game after they lose it twice, only to have the two plays overturned on a ill timed timeout, and then their own penalty. Then they get to play a San Diego team so beaten up that they may have trouble fielding eleven players on offense and defense. And of course they couldn't beat the Jets without cheating which got them into trouble in the first place. (They should have been suspended for the season in our humble opinion, and Belichick should have been banned like Pete Rose is in baseball. He is a cheater. )
In the Cheaters game, they are currently a 14 point favorite. Rivers is hurt; the rumor is he has a partially torn ACL. Tomlinson is banged up, and the all pro TE is o..u..t..out. Yeah, the Cheater should win, and while we would avoid the game, lay the 14 points if you must.
Meanwhile in the frozen tundra of Green Bay, the NY Football Giants, exceeding all expectations including our own, roll into town to face the Packers. The Pack is favored by 7, and here’s why you should avoid this game: The only team that gave the Pack trouble this year was Da Bears. And the Giants resemble those Bears, with a rough defense, a pounding running game, and a QB whose main purpose is not to get them into any more trouble. Meanwhile, could there be any better story line than the Pack and Favre wrapping up a career by getting into the Super Bowl and then knocking those Cheaters on their cheating butts? That’s the scenario we are rooting for, so we are laying the seven points, but we’re doing it lightly.
Go Pack.
Enjoy the long weekend.
Did we mention we don't like Belichick? We really don't. He's so smarmy in that dopey hoodie that he wears. Just once, we'd like to see Joey Porter miss a tackle on the sideline and knock him on his pompous posterior. Anyway, that's another reason to look forward to next season. And the Big Tuna dislikes Belichick just as much as we do. Maybe more.
First the rumors: No truth to the rumor that Bill the Cheater Belichick is lobbying to have the Dolphins replace the Chargers tomorrow on the theory the Chargers are all banged up and the Dolphins would be a more competitive match up.
Could these Cheaters be any luckier? They win the Ravens game after they lose it twice, only to have the two plays overturned on a ill timed timeout, and then their own penalty. Then they get to play a San Diego team so beaten up that they may have trouble fielding eleven players on offense and defense. And of course they couldn't beat the Jets without cheating which got them into trouble in the first place. (They should have been suspended for the season in our humble opinion, and Belichick should have been banned like Pete Rose is in baseball. He is a cheater. )
In the Cheaters game, they are currently a 14 point favorite. Rivers is hurt; the rumor is he has a partially torn ACL. Tomlinson is banged up, and the all pro TE is o..u..t..out. Yeah, the Cheater should win, and while we would avoid the game, lay the 14 points if you must.
Meanwhile in the frozen tundra of Green Bay, the NY Football Giants, exceeding all expectations including our own, roll into town to face the Packers. The Pack is favored by 7, and here’s why you should avoid this game: The only team that gave the Pack trouble this year was Da Bears. And the Giants resemble those Bears, with a rough defense, a pounding running game, and a QB whose main purpose is not to get them into any more trouble. Meanwhile, could there be any better story line than the Pack and Favre wrapping up a career by getting into the Super Bowl and then knocking those Cheaters on their cheating butts? That’s the scenario we are rooting for, so we are laying the seven points, but we’re doing it lightly.
Go Pack.
Enjoy the long weekend.
Did we mention we don't like Belichick? We really don't. He's so smarmy in that dopey hoodie that he wears. Just once, we'd like to see Joey Porter miss a tackle on the sideline and knock him on his pompous posterior. Anyway, that's another reason to look forward to next season. And the Big Tuna dislikes Belichick just as much as we do. Maybe more.
Thursday, January 17, 2008
JUST WHEN YOU THOUGHT IT WAS SAFE
to go to court and get appointments,
THE ROC IS BACK!
The Supremes have spoken HERE
The Stay is back in effect.
ROC n roll.
HAPPY BIRTHDAY
To the "Greatest" of all time. He's 66 today.
There he is, standing over Sonny Liston, in Lewiston Maine, May 25, 1965, having thrown "the phantom punch." Only a real boxing aficionado could tell you that former heavyweight champ Jersey Joe Wallcott was the third man in the ring that night. (And only a real boxing trivia buff could tell you that Jersey Joe, who when he won the heavyweight championship at age 37 became at the time the oldest person to win the title, was born Arnold Raymond Cream. "Jersey Arnold" just doesn't have the same ring to it.)
You can see a tape of perhaps the most controversial first round in heavyweight championship history HERE.
Don't blink, or you'll miss the vicious left that puts Liston on the canvas.
Ali trained right here in Miami, at the 5th Street Gym, which is no longer in existence.
We will tell you that upon arriving on the shores of our fair city, a young Rumpole dumped his possessions in a small apartment and ambled down to the 5th Street Gym in Miami Beach to just take in the history of the place. Later, we jumped a little rope and hit the heavy bag and speed bag a few times, and climbed into the ring, just to be able to say we put on the gloves in the same place where Ali trained in the sweet science.
Happy Birthday Muhammad.
See you in court, where we often say that we float like a butterfly and sting like a bee;
the prosecution can't convict what their witnesses didn't see.
Tuesday, January 15, 2008
SECOND AMENDMENT SHOWDOWN
The Supreme Court is scheduled to resolve a conundrum they haven’t addressed in over sixty years: How can they look at themselves in the mirror every morning having voted to stop the re-count in Florida in 2000?
No, seriously: just what does the second amendment mean and what does it protect?
“A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear high powered semi-automatic weapons shall not be infringed.” Or something like that.
Here is the question on Nino Scalia’s mind: “Its Monday, are they serving baked chicken again in the Cafeteria?”
The reason Judge Scalia is worried about what he eats is that as a self proclaimed “semi-strict constructionist” his judicial philosophy might well lead him to a result his conservative friends will abhor and will give him heartburn. And if his conservative friends get upset, no more free hunting trips.
Lets take a look at the two parts of the Second Amendment:
Part I:
“A well regulated militia, being necessary to the security of a free state" - a strict constructionist would call this “the purpose clause”, meaning the reason for the language to follow.
Therefore, interpreting the amendment is simple- once the army is well funded and armed, the purpose of the amendment has been satisfied. The term “well regulated militia” must refer to something more than a bunch of beer drinking guys out on the paint ball course on a Sunday afternoon. (Readers with a knowledge of history will recall that Thomas Jefferson loved, just loved, paintball.)
If you go on the Scotusblog website, you can read a fascinating amicus brief by two professors of English linguistics, HERE
with a specialty in 18th century English linguistics that arrive at the same opinion (albeit more elegantly). While long time and careful readers may question why Rumpole spent his weekend reading amicus briefs in a second amendment case instead of his more usual fare of racing forms and football statistical analysis spreadsheets, we shall save that answer for another day and more appropriate forum.
Like the baked chicken in the Supreme Court cafeteria that they serve on Mondays, the simple analysis based on original intent and plain meaning leaves people like Justice Scalia (not to mention his pal and sometimes hunting buddy Dick “shotgun in your face” Cheney ) so unsatisfied. There’s just got to be more.
Part II (the subject clause):
“the right of the people to keep and bear arms”
To “keep arms” must, our original intent theorists suggest, mean personally keep.
But, the liberals reply, the amendment doesn’t just say “keep arms” – it says “keep and bear arms” and as the Justice Department has recognized in an internal memo leaked to Rumpole, “keep and bear arms” plainly refers to “bearing arms” in a military context. Thus the amendment merely provides for the arming of the militia, not everyone else.
You see dear readers, what has occurred here, as in Bush v. Gore, is that the philosophical bent of the various collations of the Justices leads them to conclusions that are opposite to the politics that got them on the court in the first place.
Ginsberg and Stevens and Breyer will all be arguing that strict construction based on plain reading and the framers' intent leads to the inescapable conclusion that the Second Amendment only protects the arms of citizens to populate a militia. And the military being well funded, the second amendment does not prohibit governmental restrictions (or..gasp ..bans) on firearms. The problem is that Ginsberg, et.al., have too much invested in a broader judicial philosophy in almost every other area of constitutional law to carry the strict constructionist banner in this, or any other case.
Thomas and Scalia and Alito and Roberts, are all torch carrying conservatives, and as such, the second amendment’s protection of their Neanderthal backers' right to shoot each other in the face during hunting trips is sacrosanct. Yet a traditional strict constructionist and original intent analysis leads them astray from the promised land: a gun in everyone’s hand.
So what to do?
In Rumpole’s world, this second amendment case is the perfect storm of chickens coming home to roost. Each bloc of the court- liberal and conservative- must use the other side’s preferred method of constitutional analysis to arrive at the conclusion they prefer. Scalia and Thomas must find “life and breadth” as well as “penumbras” (see, Griswald v. Connecticut, and Justice Douglas’s creation of the “right to privacy” in a “penumbra” of the bill of rights) in the simple phrases they are reviewing, while Ginsberg and Breyer et.al., must argue for original intent to protect the government’s right to regulate firearms.
This is just too good to be true. It’s a game of constitutional chicken and the first one to blink is the first justice that abandons their judicial philosophy and admits to being result oriented.
Who will blink first?
No, seriously: just what does the second amendment mean and what does it protect?
“A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear high powered semi-automatic weapons shall not be infringed.” Or something like that.
Here is the question on Nino Scalia’s mind: “Its Monday, are they serving baked chicken again in the Cafeteria?”
The reason Judge Scalia is worried about what he eats is that as a self proclaimed “semi-strict constructionist” his judicial philosophy might well lead him to a result his conservative friends will abhor and will give him heartburn. And if his conservative friends get upset, no more free hunting trips.
Lets take a look at the two parts of the Second Amendment:
Part I:
“A well regulated militia, being necessary to the security of a free state" - a strict constructionist would call this “the purpose clause”, meaning the reason for the language to follow.
Therefore, interpreting the amendment is simple- once the army is well funded and armed, the purpose of the amendment has been satisfied. The term “well regulated militia” must refer to something more than a bunch of beer drinking guys out on the paint ball course on a Sunday afternoon. (Readers with a knowledge of history will recall that Thomas Jefferson loved, just loved, paintball.)
If you go on the Scotusblog website, you can read a fascinating amicus brief by two professors of English linguistics, HERE
with a specialty in 18th century English linguistics that arrive at the same opinion (albeit more elegantly). While long time and careful readers may question why Rumpole spent his weekend reading amicus briefs in a second amendment case instead of his more usual fare of racing forms and football statistical analysis spreadsheets, we shall save that answer for another day and more appropriate forum.
Like the baked chicken in the Supreme Court cafeteria that they serve on Mondays, the simple analysis based on original intent and plain meaning leaves people like Justice Scalia (not to mention his pal and sometimes hunting buddy Dick “shotgun in your face” Cheney ) so unsatisfied. There’s just got to be more.
Part II (the subject clause):
“the right of the people to keep and bear arms”
To “keep arms” must, our original intent theorists suggest, mean personally keep.
But, the liberals reply, the amendment doesn’t just say “keep arms” – it says “keep and bear arms” and as the Justice Department has recognized in an internal memo leaked to Rumpole, “keep and bear arms” plainly refers to “bearing arms” in a military context. Thus the amendment merely provides for the arming of the militia, not everyone else.
You see dear readers, what has occurred here, as in Bush v. Gore, is that the philosophical bent of the various collations of the Justices leads them to conclusions that are opposite to the politics that got them on the court in the first place.
Ginsberg and Stevens and Breyer will all be arguing that strict construction based on plain reading and the framers' intent leads to the inescapable conclusion that the Second Amendment only protects the arms of citizens to populate a militia. And the military being well funded, the second amendment does not prohibit governmental restrictions (or..gasp ..bans) on firearms. The problem is that Ginsberg, et.al., have too much invested in a broader judicial philosophy in almost every other area of constitutional law to carry the strict constructionist banner in this, or any other case.
Thomas and Scalia and Alito and Roberts, are all torch carrying conservatives, and as such, the second amendment’s protection of their Neanderthal backers' right to shoot each other in the face during hunting trips is sacrosanct. Yet a traditional strict constructionist and original intent analysis leads them astray from the promised land: a gun in everyone’s hand.
So what to do?
In Rumpole’s world, this second amendment case is the perfect storm of chickens coming home to roost. Each bloc of the court- liberal and conservative- must use the other side’s preferred method of constitutional analysis to arrive at the conclusion they prefer. Scalia and Thomas must find “life and breadth” as well as “penumbras” (see, Griswald v. Connecticut, and Justice Douglas’s creation of the “right to privacy” in a “penumbra” of the bill of rights) in the simple phrases they are reviewing, while Ginsberg and Breyer et.al., must argue for original intent to protect the government’s right to regulate firearms.
This is just too good to be true. It’s a game of constitutional chicken and the first one to blink is the first justice that abandons their judicial philosophy and admits to being result oriented.
Who will blink first?
Monday, January 14, 2008
FORMER JUDGE ELEANOR SHOCKETT HAS PASSED AWAY
UPDATED BELOW:
The details are sketchy, and we believe her funeral is scheduled for
January 27th @ 11:00 A.M. at Temple Judea, Coral Gables.
We suggest you check the Herald Obits for further details.
We did not really know Judge Shockett so we are unable to provide any memories or details about her life and work as a Judge.
UPDATE:
Judge Shockett was involved in the organization LEAP- Law Enforcement Against
Prohibition- an organization against minimum mandatory penalties.
An alert reader emailed us this Bio:
Eleanor Schockett was born in Ruleville, Miss. and raised in Birmingham, Ala. She received her B.A from the University of Alabama with majors in History, Political Science and Law. She then headed to New Orleans, La. to complete her legal studies and receive a J.D. from Tulane Law School. She became interested in Drug Policy when she wrote her senior paper on the administration of US drug laws and knew something was terribly wrong. She maintained her interest on the issues first in the '60's as the wife of a owner/pharmacist and then in the '70's as a guest talkmaster on WKAT's Talk of Miami.
Eleanor was elected to the Circuit Court of Miami-Dade County Florida and began her service in January 1991. Although the latter 15 years of her private practice were devoted to Family Law, her first assignment was to the Criminal Court. By the time she left the Bench on December 31, 2002 she had served in the Family and General Jurisdiction divisions as well. In all three divisions she saw the havoc wrought by a failed drug policy.
Her particular concerns were the erosion of personal liberties of all our citizens. She believes if the American people learn just how bad things are, they will be changed for the better. She vowed to speak out and appreciates the opportunity.
The details are sketchy, and we believe her funeral is scheduled for
January 27th @ 11:00 A.M. at Temple Judea, Coral Gables.
We suggest you check the Herald Obits for further details.
We did not really know Judge Shockett so we are unable to provide any memories or details about her life and work as a Judge.
UPDATE:
Judge Shockett was involved in the organization LEAP- Law Enforcement Against
Prohibition- an organization against minimum mandatory penalties.
An alert reader emailed us this Bio:
Eleanor Schockett was born in Ruleville, Miss. and raised in Birmingham, Ala. She received her B.A from the University of Alabama with majors in History, Political Science and Law. She then headed to New Orleans, La. to complete her legal studies and receive a J.D. from Tulane Law School. She became interested in Drug Policy when she wrote her senior paper on the administration of US drug laws and knew something was terribly wrong. She maintained her interest on the issues first in the '60's as the wife of a owner/pharmacist and then in the '70's as a guest talkmaster on WKAT's Talk of Miami.
Eleanor was elected to the Circuit Court of Miami-Dade County Florida and began her service in January 1991. Although the latter 15 years of her private practice were devoted to Family Law, her first assignment was to the Criminal Court. By the time she left the Bench on December 31, 2002 she had served in the Family and General Jurisdiction divisions as well. In all three divisions she saw the havoc wrought by a failed drug policy.
Her particular concerns were the erosion of personal liberties of all our citizens. She believes if the American people learn just how bad things are, they will be changed for the better. She vowed to speak out and appreciates the opportunity.
OUCH
A couple of us are saying "ouch" today.
First Rumpole, utterly beaten on Sunday, picked both games incorrect, after picking both Saturday playoff games correctly.
Not only did this hurt, but we didn't see it coming, it was totally unexpected, and we'd probably make the same bets again. Sunday was just "one of those days." Ouch.
There is now only one sensible and reasonable thing to do: double the bets for next week to make up for our loses.
And Judge Spencer EIg is also saying "ouch" as he was spanked by the Third DCA for his bond antics. The decision is here: SPANKED
As near as we can figure, Judge Eig set a bond, then wanted to modify the bond at a later hearing sua sponte (Latin for "the judge is acting crazy again.") and then when the public defender objected and said s/he would appeal, the Judge then took the defendant into custody and re-set the bond at one million dollars.
Lesson learned: The Third DCA doesn't like it when Judges act petulant and set million dollar bonds after first setting a reasonable bond.
How it will be applied in the REGJB: No more initial reasonable bonds.
OUR BUILDING WOULD BE EMPTY:
And with a tip of the hat to the Broward Blog, we post this LINK
to the story of a Washington State Court Judge who resigned after her affair with a Public Defender in her courtroom became public.
Lest any of our robed readers express outrage, let s/he who has not sinned cast the first stone against that glass house.
Our thoroughly un-scientific opinion is that if everyone in our little courthouse resigned for that reason, it would be an awfully lonely place for hacks like us.
See You In Court, where no judge has ever had to resign because of us. (Of course, to borrow a Woody Allen line, the PD was just doing to the Judge what she had been doing to his clients.)
Sunday, January 13, 2008
NFL SUNDAY
Both of todays games are like low hanging fruit on a tree.
Take both home teams and give the points. Simple as that.
Take the Indy/Charger over 47.
2-0 yesterday on lines. Green Bay after a shaky start was the pick of the weekend. The Cheaters couldn't cover so our Jax pick paid off. One loss on the under in NE if you ignored our warnings that it was a weak pick.
No weak picks today.
Colts -8 and Dallas -7.5 are the way to go.
Over in the Colts game, stay away from the total in the Dallas game.
And don't forget to scroll back and read our post from last night about the Federal gag order. Good stuff.
See You Tomorrow, flush with flow.
Take both home teams and give the points. Simple as that.
Take the Indy/Charger over 47.
2-0 yesterday on lines. Green Bay after a shaky start was the pick of the weekend. The Cheaters couldn't cover so our Jax pick paid off. One loss on the under in NE if you ignored our warnings that it was a weak pick.
No weak picks today.
Colts -8 and Dallas -7.5 are the way to go.
Over in the Colts game, stay away from the total in the Dallas game.
And don't forget to scroll back and read our post from last night about the Federal gag order. Good stuff.
See You Tomorrow, flush with flow.
Saturday, January 12, 2008
GAG ME WITH A LENARD
The Sun Sentinel reports HERE
on our favourite Federal Blogger, David O Markus with a K, and the gag order issued in the Liberty City Seven case.
Lenard issued a "gag order" that included Queen Elizabeth, Janet Reno, Sylvester Stallone, "every resident in any zip code that begins with 3..." most of the Lower Parliament of New Zealand, as well as to victorious Liberty City Seven Lawyer Joel DeFabio "and his agents."
Mr. Markus, having decided to represent Mr. DeFabio, is of the opinion that along with the members of the New Zealand House Of Representatives, he is now officially gagged from blogging about the Liberty City Seven Trial. Mr. Markus entered his appearance on behalf of DeFabio when Lenard forbade DeFabio and his client from talking about their victory in Federal Court. "The Defendant starts publicising that he was acquitted, and the next thing you know everyone will want a trial, and we can't have that here in the United States" a Comrade Prosecutor from the US Attorneys Office was heard to argue in court the other day. "The first amendment is obviously the least important, right? One is much less than ten." the US Attorneys Office successfully argued to the court.
Remember, the US Attorneys Office (motto: "Beat us once, we'll gag you. Beat us again, we'll indict you. Beat us a third time and we send you hunting with Dick Cheney.) is trying this case for the second time, having lost their case against one defendant, and hanging the jury against the rest.
So, Mr. Markus, being silenced for the foreseeable future, your humble blogger and servant becomes Liberty's Last Champion.
Have a comment on the Liberty City Seven Trial?
POST IT HERE!!! (almost) all are welcome. We are not encouraging anyone under Judge Lenard's order to violate it. We will not be accepting any Kiwi Komments until this matter is resolved.
Meanwhile, we anxiously await the re-trial. "In the interest of a fair trial" the Government has requested that every defendant and defense attorney be required to wear an "Osama Bin Laden" mask, so that "an atmosphere of fear descends upon the new jury." We will report on the court's ruling on this motion, and anything else that pops up before the defendants are acquitted (oopps..that just earned us a subpoena and contempt of court charge. Number one if you're counting.)
See You in Court, where we once saw someone throw up on a jury, but have never personally been gagged.
on our favourite Federal Blogger, David O Markus with a K, and the gag order issued in the Liberty City Seven case.
Lenard issued a "gag order" that included Queen Elizabeth, Janet Reno, Sylvester Stallone, "every resident in any zip code that begins with 3..." most of the Lower Parliament of New Zealand, as well as to victorious Liberty City Seven Lawyer Joel DeFabio "and his agents."
Mr. Markus, having decided to represent Mr. DeFabio, is of the opinion that along with the members of the New Zealand House Of Representatives, he is now officially gagged from blogging about the Liberty City Seven Trial. Mr. Markus entered his appearance on behalf of DeFabio when Lenard forbade DeFabio and his client from talking about their victory in Federal Court. "The Defendant starts publicising that he was acquitted, and the next thing you know everyone will want a trial, and we can't have that here in the United States" a Comrade Prosecutor from the US Attorneys Office was heard to argue in court the other day. "The first amendment is obviously the least important, right? One is much less than ten." the US Attorneys Office successfully argued to the court.
Remember, the US Attorneys Office (motto: "Beat us once, we'll gag you. Beat us again, we'll indict you. Beat us a third time and we send you hunting with Dick Cheney.) is trying this case for the second time, having lost their case against one defendant, and hanging the jury against the rest.
So, Mr. Markus, being silenced for the foreseeable future, your humble blogger and servant becomes Liberty's Last Champion.
Have a comment on the Liberty City Seven Trial?
POST IT HERE!!! (almost) all are welcome. We are not encouraging anyone under Judge Lenard's order to violate it. We will not be accepting any Kiwi Komments until this matter is resolved.
Meanwhile, we anxiously await the re-trial. "In the interest of a fair trial" the Government has requested that every defendant and defense attorney be required to wear an "Osama Bin Laden" mask, so that "an atmosphere of fear descends upon the new jury." We will report on the court's ruling on this motion, and anything else that pops up before the defendants are acquitted (oopps..that just earned us a subpoena and contempt of court charge. Number one if you're counting.)
See You in Court, where we once saw someone throw up on a jury, but have never personally been gagged.
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