NEW FINGERPRINT TECHNOLOGY

UPDATE: This is on Markus's Federal Fight Blog, but it bears repeating here: the government has filed a bill of particulars in the Ben Kuehne case in which they essentially admit they have no direct evidence of any wrongdoing by Kuehne. And in Bush's justice department, not doing anything wrong is no defense to a criminal charge.  The law dot com article is here. 

UPDATE: OK THIS IS SCARY-  GEORGIA (the country not the state) says it shot down two Russian planes over the night. Russian tanks are rumbling towards the border and Russian Boss Putin says war has begun. 

The NY Times reports (the title links to the article) on an article in the Journal Of Science in which mass spectrometry can now identify what a fingerprint was touching prior to leaving the print.  The article details controlled experiments in which latents were left with cocaine, the explosive RDX and other chemicals. The lab was able to identify the chemical on the finger that left the print. 

The application to criminal law is obvious. And it occurs to us that the advent of new technologies which ostensibly would seem to benefit law enforcement and prosecution has been embraced and used by the criminal defense bar. Just how many hundreds of people have been exonerated by DNA? 

And that always leads us back to the point of how many people are languishing in prison who were not fortunate enough to have DNA evidence preserved in their case? 

Meanwhile,  Osama Bin Laden's driver has been sentenced to 5 1/2 years in prison.  After which he will be held as an enemy combatant for the rest of his life. Some system of justice our President has come up with.  However, you our dear readers, have full permission to go to court and reply to any outrageous plea offer with the statement that "Osama Bin Laden's driver only got  5 1/2 years judge, and they want to give my client 8 years for stealing a beer." 

OUCH A Miami Officer just shot himself in the foot. The Herald has the breaking news here. 

It's still hot. See you in court. 

PS The J..E...T...S...JETS JETS JETS traded for Brett Favre today. His first game as a Jet?  You guessed it. Against the Fins. If it wasn't for bad luck we would have no luck at all. 

THE CAPTAIN REPORTS:

CAMPAIGN UPDATE -
FACDL JUDICIAL CANDIDATES FORUM

On May 28, 2008, we wrote: "Beginning today and continuing each and every Wednesday, we will attempt to provide you with a weekly contest overview and then let you have at it and give us your opinions on why we should or should not vote for a certain candidate."

Over the course of the next 10 weeks, we wrote about each of the candidates. Well, now, you have a chance to meet all 19 of them in one location.

Local FACDL President Rick Freedman wrote to us and asked us to pass along the following information and we are happy to do so. We encourage all of our Gerstein Justice Building bloggers to show up and see who these candidates are and what they really sound like in person.

Here is the information on the FACDL Judicial Candidates Forum:

On Wednesday, August 6, 2008 at 5:30 PM, FACDL-Miami hosts a Judicial Candidates Forum beginning at 5:30 PM. The event will be held at the Miami Dade College Downtown Wolfson Campus located at 300 NE 2nd Avenue, Miami in Room 1261, (Building One, Second Floor). Free Parking is available at the MDC Garage located on 5th Street between NE 1st Avenue and NE 2nd Avenue across the street from the fire station. Walk south on NE 2nd Avenue and Building One will be on your right. Take the escalator to the second floor.

All 19 Candidates have confirmed their attendance for the event. Each candidate will be given a brief opportunity to introduce themselves and tell the audience about their background and why they believe they are the most qualified candidate for the job. There will also be a series of questions posed to the candidates. The candidates will then have time to meet and greet those in attendance and there will be light food and drinks served.

Here is the line-up for the event:

COUNTY COURT

GROUP 42

LISA LESPERANCE V. NORMA LINDSEY (I)


CIRCUIT COURT

GROUP 11

JORGE CUETO V. JOSIE PEREZ VELIS

GROUP 18

MIGNA SANCHEZ-LLORENS V. MANNY SEGARRA

GROUP 19

YVONNE COLODNY V. PATRICIA KOPCO V. STEPHEN MILLAN

GROUP 38

MARIO GARCIA V. STACY GLICK

GROUP 50

RICARDO CORONA V. ABBY CYNAMON

GROUP 51

MARCIA CABALLERO V. DOUGLAS CHUMBLEY (I)

GROUP 55

JERI BETH COHEN (I) V. ABBIE CUELLAR

GROUP 57

DENISE MARTINEZ-SCANZIANI V. BERNARD SHAPIRO (I)

Congratulations to FACDL-Miami for putting this event together. While Rumpole and I will be predisposed at a local watering hole imbibing in the finest Chateau Miami River, we look forward to hearing all about the Forum from our readers and bloggers on Thursday.

CAPTAIN OUT ......

GONE BUT NOT MISSED

Anybody else thinking that with the circuit judges away this week , the courthouse has been quiet and peaceful and actually a decent place to work?  

Or maybe the oppressive heat just has dampened down everyone's normally bad manners. 

See You in the peaceful and quiet courthouse. 

STEVE CHAYKIN

Today Steve Chaykin will be laid to rest. I didn't know him well as a person. However his reputation as an attorney was well known to all: a lawyer's lawyer; a man dedicated to his clients and to raising the standards of his profession. 

In reading the articles and tributes about Mr. Chaykin, I have learned that beyond his enormous talents as a lawyer, Mr. Chaykin was a dedicated and loving husband and a very proud Father.  Mr. Cahykin leaves behind a young daughter and Sam Rabin is accepting checks for  a college fund on her behalf. 

Here is what I have been thinking about, for what its worth:

Steve Chaykin died while saving his wife. Can anything more be said about what kind of man he surely was?

Steve Chaykin died while on vacation, hiking. Can anything more be said about the fragility of life?

Steve Chaykin died way too early and leaves behind a grieving wife and young daughter. Can anything more be said about the preciousness  of family?

Steve Chaykin will be laid to rest today. 

Kiss your husband or wife or significant other; hug your children; tell the people most important to you that you love them; take care of yourself and enjoy your life to the fullest. 

Rest in peace Steve Chaykin. 

IRANIAN EMP NUCLEAR THREAT?

UPDATED BELOW

I don't think I've ever read an article in the last decade that frightened me more.  The tile of the post links to the article. 

A nuclear attack does not have to involve dozens or hundreds of MIRV'd warheads striking US cities. That was the Soviet threat in the Cold War.

EMP- an electromagnetic pulse is achieved by detonating one warhead in the atmosphere. And as this article details, it would send us back to the horse and buggy age without the horse and buggys.  The result would quickly reduce the US population levels to those of the 1800's- about 30 million.   Apparently the Iranians are conducting tests designed to "put a scud in a bucket" and place one warhead on a ship that could fire the missile off the coast of the US. 

What do you think? 

As our late great friend Sy Gaer used to say, "and you wonder why I drink."

UPDATE:

If the iranian story has scared me, I don't think any story has bothered me lately as much as THIS STORY  on the front page of the NY Times today.  To summarize, an illegal migrant worker in Florida was hit and crippled by a drunk driver. A local hospital saved the young man's life. Then, unable to find a place to care for him, they had a local court sign what turned out to be an illegal order, and they forcibly flew him back to his country of origin. They spent millions saving his life, and then 30 thousand on a private air ambulance, and now he lays wasting away in a hut, with no medical care available. 

What were these people thinking? I mean if you have no humanity whatsoever, why save his life? But if you save his life, why not try to make it a life worth living? At the very least, why send him to a place where surely all the wonderful work will be for naught?

BLAKE TOSSES SAO OUT OF PD CASE

Judge Stan Blake tossed Rudy Sorondo* and his client- the SAO out of the State Public Defender case in which the PD seeks not to accept any more cases during the budget crisis. However, Judge Blake allowed ASA Don Horn to cross Bennett Brummer. The title to the post links to the DBR Article which has a audio clip from the cross:

"Q: You were late today?

A: Yes. I don't get to court often and forgot where the hearing was."

(* Rick Freedman points out in the comments section that Sorondo was conflicted out prior to the hearing because his firm did work for the Pds. But the sentiment remains the same- The SAO has no standing in this matter. "Just shut up and file your cases", as it were. Anyway, like a good robed reader, why should we let facts stand in the way of a good post? "Sometimes wrong but never in doubt." That's out motto)

David Markus's Federal Fight Blog is frozen!

Longtime and careful readers of this blog will remember when right after our blog was hacked that Google froze the blog as being a spam blog. It took about ten days of negotiating with Google to get it unfrozen. Mr. Markus has sent us an email indicating the same thing has happened to him. He will be back and please be patient.

Herald Joins the Fray 

In this story the Herald joins the fray over our constant complaints over the unreliability of eyewitness identification. Better late than never. Their solution: hire more PDs. 

You can read one of our previous posts on the issue HERE

Steve Chaykin dies in accident.

RUMPOLE UPDATE: The federal blog has the details of the untimely death of attorney Steve Chaykin who died in Colorado rescuing his wife who slipped and fell into a stream during a hike. The title of the post links to the Herald's story. David Markus's blog also has articles from the Colorado papers. 

THE CAPTAIN REPORTS:

ELECTION UPDATE .....

Welcome to our ninth and final report in a series of reviews of the contested judicial races. Over the past two plus months we have attempted to introduce you to the 19 candidates that are running for the nine contested judicial seats in Miami-Dade County.

In Week One, we focused on the only contested County Court race of Lindsay v. Lesperance. Since then, we have provided you with the Circuit Court races of Cueto v. Velis; Migna v. Manny; Colodny v. Kopco v. Millan; Garcia v. Glick; Corona v. Cynamon; Caballero v. Chumbley; and Cohen v. Cuellar.

Today we cover the ninth and final race in Group 57 between incumbent Judge Bernard Shapiro and his opponent Denise Martinez-Scanziani.


DENISE MARTINEZ-SCANZIANI .....

Ms. Scanziani has been a member of The Florida Bar since May of 2000. She graduated from the University of Florida School of Law and began practicing as a Staff Attorney for Legal Aid of Broward County. Soon after, she opened up her own private practice and she now handles family law, real estate and probate matters.

Ms. Scanziani is 33 years old and if my recollection serves me correctly, she would be just slightly older that the youngest ever Circuit Court Judge in our County, Judge Thomas E. Scott, (who went on to become a Federal District Court Judge and was also the US Attorney for the Southern District of Florida for a three year stint).

Many of the regular readers of this BLOG know that I hit Ms. Scanziani pretty hard on February 23, 2008 with a piece that I ran about her campaign. I will not provide you with the laundry list of details, but I feel that I must recap the history that caused me to write such a strong article.

On February 15, 2008, Ms. "Denise Scanziani" filed papers to run in County Court Group 34, which was Judge Sarduy's seat. The only problem with that was the seat was not open as a result of the JNC conducting interviews to replace Judge Sarduy, (who had been named to the Circuit Court bench). On February 20th, Ms. "Denise Martinez-Scanziani" filed new papers. This time she filed to run in Group 17 of the County Court against incumbent Judge Eric Hendon. (It was the name change that drew all the attention).

Finally, on May 2, 2008, at approximately 11:59 AM, (the deadline for qualifying was NOON that day), Ms. Martinez-Scanziani, switched again and filed against Judge Shapiro.

If you missed all of the fireworks, I would direct you to read the front page pieces by The Captain on Feb. 23 and Ms. Scanziani's reply on March 2 and the more than 135 comments written by our readers, (including my rebuttal that was posted on March 3rd at 6:42 pm).

As for raising money, Ms. Scanziani has a lot of catching up to do. To date, she has raised only $7,289 from 35 donors. She has added $2,000 of her own money into the kitty.

Check out Denise at deniseforjudge.com.


JUDGE BERNARD SHAPIRO (i) ....

Judge Shapiro has been a member of The Florida Bar since 1973. He graduated from the University of Miami School of Law. He first ascended to the County Court bench in 1987 and in 1990 voters elected him to the Circuit Court where he still sits 18 years later. In between, he was reelected in 1996 and in 2002. He has never faced opposition in any of his races for judge.

Judge Shapiro sits in the Family Division and has also been assigned in the past to the General Jurisdiction and Criminal Divisions. He began his career as a jurist handling DUI and traffic cases and then moved into general misdemeanors and civil cases. Prior to becoming a judge, Shapiro was in private practice for 14 years first trying PI and work comp cases and then handling family law matters.

Judge Shapiro is far ahead in the fundraising department having pulled in $94,789 from 384 contributors. He has also kicked in $25,200 of his own money.

Judge Shapiro's website can be found at voteforshapiro.com. (UPDATED)

Please do your homework on the two candidates. Help out our readers by giving us your comments, pro and con, on each of the candidates.

It has been a pleasure to provide our readers with this weekly series over the past couple of months. I must congratulate our readers for providing mostly positive input as to who they feel are the most qualified candidates for these nine seats. At times, the debate got a bit raucous, but all in all I think it was a positive exercise in the way a BLOG can be useful to our profession. I hope that you learned some new information along the way about the candidates (certainly a lot more than you would have garnered from those weak Herald endorsement pieces), and I hope that we helped you form a decision on whom you may end up casting your ballots for at election time. If we did, then we did good.

Rump has been nice enough to give me the vine and I have tried to use it fairly and, without taking sides, just present the facts ala Joe Friday.

Look forward to seeing you on Election Day with those real-time returns.

The election takes place on Tuesday, August 26, 2008.

CAPTAIN OUT .........

1000+

Very quietly last week we posted our 1000th blog post.
It seems a bit surprising that we have sat down at various computers over the years almost a thousand times (we've had a few guests and the Captain contributes regularly) to write, mostly about our little world.

For me personally, the blog has meant a few things:
It has taken more of my time than I ever imagined. It has caused me to feel a certain weight of responsibility as I realized over time that people I knew and liked were reading things that sometimes bothered them. And at times I have made some very bad mistakes. But I know I have learned from them, and I hope my apologies were accepted in the spirit they were given.

But mostly it has been a joy. Wonderful things have been written by others on this blog, and it has contributed in a small way to creating a better sense of community in our courthouse.

Personally, it has made me a far better writer.

I can remember the very first time I sat at a table of lawyers and judges and heard someone mention that they laughed when they read something I wrote on the blog. That was an almost indescribable feeling- much like when I won my first jury trial.

So thank you for reading. I work as hard as I can to make this a fair and open forum for discussion about our courthouse. Not everyone is happy with what I do and the decisions I make. And in the end, much like those robed readers I enjoy poking every now and then, that must mean I'm doing a pretty good job.

See You In Court.

ABE LAESER REMEMBERS KURT LYLE MARMAR

A few weeks ago there was a passing comment on the blog about a lawyer named Kurt Marmar. Mr. Marmar passed away in the 1980's. Mr. Abe Laeser responded with a comment about a Moot Court  award at the U of M Law School given in Mr. Marmar's name. We asked him to write a few words about Kurt Marmar and he responded with this:

Kurt Lyle Marmar

Rare is the person who does not fade from memory after their death. Kurt Marmar, who died in his mid-30’s in 1985, remains as a beacon – an example – of qualities seldom seen; therefore easily remembered.

Kurt graduated from law school in 1974, and unfortunately died a mere decade later. He loved the law in the way that the most histrionic law professor might want every pupil to love it. Short, stocky, muscular – not someone you might see as an intellectual; but it was the ability to do battle for a cause drove him. Kurt was the consummate champion – a warrior among lawyers.

It was not the ‘side’ that he was on that mattered. He saw the law in a very idealized way – a battle between right and wrong – which could be fought by any lawyer, in any position. Kurt carried the dual edged sword of all great lawyers into battle. He had the legal skills to study the law until he understood even its most hidden nuances; then he applied his natural common sense to deciding which course to follow in his attacks. Surprisingly, he was collegial in the extreme, and had very close friends (and those who learned under his tutelage) on both sides of the aisle.

What proof do I have of his unique traits? He had been in private appellate practice for only a few years before his death. Before that, he achieved a milestone that would be unthinkable today. Within only a few years of his graduation, he was the Chief of the Appellate Unit for the Office of the Public Defender. He then, rather amazingly, left that office and became the Chief of the Legal Unit for the Office of the State Attorney. He kept personal work hours that astounded others, and even rented an apartment at the Cedars of Lebanon complex (before they were medical offices) so that he could walk to work at any time. Professional differences in both offices caused him to ultimately leave government service. In private practice, many of his finest arguments were at the highest Federal levels. .

Personally, he was a friend with very few peers. He hated social events, yet showed up with a Chateau Lafitte Rothschild 1961 for the host’s ‘collection’. He loved food and drink, and to travel. We once took a week-long food holiday with other friends, and literally went from city to city in Florida to taste their best dining fare.

Unfortunately, he had some phobias. We once mistakenly convinced him to try the log flume ride at Busch Gardens. It had an initial short drop, which bothered him. My next recollection, as we chugged up to the booth toward the longer drop, was of Kurt opening his wallet and offering all of the cash – and he always carried a huge amount of money - if the attendant would stop the ride. He survived, never said a word as he went back to his room – and was so upset by the events that he flew back to Miami alone that night.

After his untimely death, his many friends created the Kurt Marmar Moot Court Award at the University of Miami School of Law. It is a most unusual annual award, as the school and the faculty have no say in the selection of the winner; which makes it especially coveted. The fellow members of the Moot Court competition decide upon the choice. The criterion is simple; it is given to the person who: In the opinion of his or her peers has demonstrated a spirit of cooperation and fairness. That is a standard that Kurt would have always wanted for those who would compete for an award in his name.

I miss my friend, and his kind heart, and his fiery intellect. I will always remember Kurt.

THE CAPTAIN REPORTS:

ELECTION UPDATE .....

Welcome to our eighth in a series. Over the past seven weeks, we have brought you seven of the nine contested races analyzing the judicial elections in Miami-Dade County. In Week One, we focused on the only contested County Court race of Lindsay v. Lesperance. Since then, we have provided you with the Circuit Court races of Cueto v. Velis; Migna v. Manny, Colodny v. Kopco v. Millan, Garcia v. Glick, Corona v. Cynamon and Caballero v. Chumbley.

As we reported on May 2, 2008 on this blog, there are nine contested races here in Miami-Dade County; eight in the Circuit Court and one in the County Court. Today we cover the race in Group 55 between incumbent Judge Geri Beth Cohen and her opponent Abbie Cuellar. Next week we will rap it up with the Bernard Shapiro race.


JERI BETH COHEN (i) .....

Judge Jeri Beth Cohen has been a member of The Florida Bar for 22 years. She educated herself at Boston U, Harvard, and earned her JD at Georgetown Law School. She was a practicing attorney from 1986-1992 when she was elected a County Court Judge. She spent four years on the bench, in the Criminal Division, and in 1996 she ran, unopposed, for a Circuit Court seat. She has spent the past 12 years in the Juvenile Division and the General Jurisdiction Division.

Judge Cohen has a long history of community involvement both off and on the bench. The list is long and I would direct you to her website to read all about her background. Of note, she began one of the first Dependency Drug Court programs in the country in 1999.

Judge Cohen has not avoided controversy while on the bench. While challenger Cuellar can actually claim being shot at (see below), Judge Cohen can only admit to shooting herself in the foot, a few times. There was the comment about Hispanics many years ago that first got her in trouble. This year, her campaign manager's secretary inadvertently sent out a campaign letter to several prominent attorneys; the letter included the names of several attorneys who had not in fact endorsed her. Then she showed up at the Coral Gables Democratic Club meeting and gave a speech. Only problem - that was a violation of Canon 7 of the Code of Judicial Conduct. She admitted the violation and apologized.

Judge Cohen has been in the news of late; she is the Judge on the City-County-Marlins v. Norman Braman lawsuit. By all accounts, she seems to be doing a great job given the very complicated legal issues and the public nature of the case.

All this publicity has not hurt her one bit in the fundraising category. She has blown away her competitor and The Captain is impressed with the 806 attorneys who have donated over $190,000 to her campaign. Judge Cohen has kicked in an additional $100k.

Check out Judge Cohen at judgejeribethcohen.com.


ABBIE CUELLAR ....

Ms. Cuellar has been a member of The Florida Bar for 11 years. She earned her legal degree from Rutgers Law School. She runs a solo practice with a concentration in Family law and Criminal law. She is also a Guardian Ad Litem Staff Attorney and has been very committed in that area.

Ms. Cuellar made the news in March when she was driving her Infiniti SUV and suddenly two men jumped out of a van and started shooting a hail of bullets at her windshield. She pulled a Starsky & Hutch reverse move and survived with cuts from the flying glass.

Ms. Cuellar, along with attorney Alan Mishael, represented real estate developer (and former sports agent) Joe Cubas and his wife last year in their unsuccessful effort to become the permanent guardians for a five year old Cuban girl. The Judge - Jeri Beth Cohen. It was the decisions of the Judge and the way she handled the case that motivated Cuellar to run against Cohen.

Cuellar reports raising no money as of her last filing. She did contribute $15,000 of her own money to the campaign.

You can check out abbieforjudge.com for the Cuellar campaign.

Please do your homework on the two candidates. Help out our readers by giving us your comments, pro and con, on each of the candidates.

The election takes place on Tuesday, August 26, 2008.

CAPTAIN OUT .........

Tricia Walsh Smith - The video that started it all!

The divorce case from hell. We've all heard about them. Well, this woman, who is divorcing her husband who is apparently well known Broadway producer, made a video about her husband and divorce and posted it on You-Tube. 3.2 million hits later, you can still watch her call her husband's secretary and complain that they had no sex, and yet she found a bottle of viagra and condoms. Enjoy, and be glad you're not on the receiving end of this angry Brit.

BROWEIRD

Longtime and careful readers of the blog know our deep and abiding affection if not outright love for the courthouse and its denizens north of the border. Not. 

Check out the post on the Broward Blog entitled "Broweird." (the title of the post links to the blog article) 

A statue of Florida Governor Napoleon Bonaparte Broward  stands in the hallway to the entrance to the new wing of the courthouse. Against this bronze behemoth  we have often banged our head in frustration having once again been "browarded" by a judge up there- be it having our client's bond revoked for getting a speeding ticket, or some other Broward nonsense. 

Now, posted on the Broward blog, comes word that ol' Napoleon Broward was....(steady now) an avowed racist.  

Broward judges want to send every client who comes before them to state prison. Napoleon Broward just wanted to send all African Americans to a colony purchased for them for the purposes of keeping the races pure and separate. Since most defendants  Broward Judges send to prison are African American, perhaps the statue is a good thing, as it appears Napoleon Bonaparte Broward is getting his wish, albeit a hundred or so years later than he wanted. 

Why are we not surprised that of all the possible persons significant in the history of Florida and this nation, that the powers that be  north of the border put a statute of a racist in their courthouse?

Of course they named the whole damn county after this racist, so why would anyone be surprised at anything that happens up there? 

See you in court, just not in certain courts, and now you know why. 

ANOTHER HOT MONDAY IN JULY

It's the middle of summer.

It's hot. 

It's boring. 

Somehow there are some robed readers who are left in this sweltering town who are actually trying cases. Great. Hot. Bored. And in trial. It's not a great combination. 

Meanwhile, the FINS TRADE JASON TAYLOR.

Goodbye Jason. No way  a dancing defensive end fits under the Big Tuna's Tent. This was destined to be. (The title of the post links to a Yahoo story on Taylor)

Blog quiz: This person just had a birthday. His name is infamously associated with this number: 46664.  Who is it? (Try and answer without using Google first.)

1000: Yup our 1000th post is fast approaching. Any ideas for the post? Beyond our customary snide comments reminding our favourite federal blogger how during our first month he confidently predicted to the media there would be no way we could stay anonymous, is there anything else you think we should say in this historic post?

See You In Court. Enjoy the week. 

LOCAL BOYZ MADE GOOD

In a seeming blast from a past,  a couple of Miami Cops were arrested on Thursday and appeared in Federal Court today before Magistrate Dube on charges they were involved with a gang that ran drugs and took bets. 

Rumpole says: What no food? What's a good bet without a little nosh?

The title links to the Herald story.

The officers are Michael King and Antonio Roberts. 

The lead defendant is a former corrections officer who goes by the nickname "cone head".   The Feds apparently said to some snitch "take me to your leader" and Mr. Marvin Coney was subsequently indicted. 

Of course, any state prosecutor will tell you that cops are not dirty and never ever lie. 

That's why the Feds have the case. 

Enjoy the weekend. 

See you in court Monday. 

COURAGE AND STRENGTH BEYOND ALL MEASURE

The following account is almost unbearably sad. And yet, it is a story of strength and courage and a life that would not be defeated. 

All nations have their important or tragic days seared into the national consciousness. April 22, 1979 is one of those days for Israelis

In the early morning hours of that day, Samir Kuntar, then 16 years of age, landed on a beach in Israel with three other members of the Popular Front for the Liberation of Palestine.

The four men killed a policeman and then broke into an apartment. The events that ensued are tragic beyond all measure. They kidnapped a young Israeli man- Danny Haran, and his four year old son. They took them to a nearby beach and killed Mr. Haran in front of his son. Kuntar then killed the four year old boy by smashing his skull against a rock with the butt of his rifle.

While the terrorists were in the apartment, Samadar Hadan, the wife of Danny and mother of two young children, hid with her daughter. She accidentally smothered the two year old to death while trying to keep her quiet.

Samir Kuntar was captured and tried and convicted for murder and has remained in an Israeli prison ever since. He is a hero to Palestinian terrorists, and it is believed the hijacking of the Achille Lauro cruise ship in 1985 was done to secure his release.

Now Israel has released Kuntar in exchange for the bodies of two dead Israeli soldiers being held by Hezbollah. Hezbollah carried out a 2006 raid into Israel kidnapping two  Israeli soldiers just to trade them for Kuntar. 

 Kuntar was released Wednesday night  and celebrated as a hero in Syria, all while the blood of a two year old and four year old child and their father, still drips from his hands. Like Macbeth, he is dammed to carry those blood spots through eternity. No amount of washing and no cheering crowds will wipe those stains from a soul dammed to eternal hell for his acts on this earth. 

Here is the story of survival and courage: Samadar Hadan, the lone survivor of this brutal and senseless attack,  eventually remarried and raised two daughters. She lives near the parents of one of the captured and now dead Israeli soldiers. When asked how she felt about Kuntar’s release, as recently reported in the NY Times, (the title to the post is linked to the article) this is what she had to say:

“Samir Kuntar is not my private prisoner, and we live in a country where there is a framework for making decisions,” she said, echoing what she wrote in a letter to the prime minister and the cabinet ahead of their decision to proceed with the deal. “I asked them not to think about my personal pain and to make decisions according to the interests of the state.”

Kuntar and Hezbollah are cowards. Killers of little children.  And yet, they have lost a battle they can never win. Samadar Hadan  has won. She survived and lived her life.  Hadan’s existence, her new family, her two daughters, all prove that despite Kuntar's release, he and Hezbollah have failed and can never ever win. Not when facing the strength and courage of Samadar Hadan.

Now if a bomb were mistakenly to fall on Kuntar’s head as he passed over the border to Syria, that would not be a bad thing either.

JAIL HI-JINKS

DOUBLE UPDATE BELOW WITH A COMMENT FROM DAVID S MARKUS

Update:

Anyone have the scoop on the fracas at the Dade County Jail?

(UPDATE- it was apparently TGK)

Protests.

Ms. Georgia Ayers.

Controversy and possible arrests.

(update: arrests were threatened but apparently not made.)

Rumours are flying, but alas we were not there.

Who was?

Update: Any public official who messes with Ms. Ayers should best remember the short judicial career of Henry Ferro. Of course when you point a gun at anyone in court from the bench, much less a family member of Ms. Ayer's, you get what's coming to you.

"A circuit judge pointed a gun at a defendant in open court?"

Oh yes dear new readers, this used to be quite the town in the day.

DAVID S MARKUS (not the guy who runs the federal fight blog) apparently represented the Defendant Judge Ferro took aim at and had this to say:

I was the defense attorney in the case where Judge Ferro stormed off the bench and pointed the gun at the head of the defendant's mom(I don't believe that she was related to Ms. Ayers-my fuzzy recollection was that she was hispanic).We were in the middle of a plea colloquy for boot camp and the defendant was showing a lot of "attitude". Judge Ferro was trying to impress upon the young armed-robbery defendant the magnitude of his actions. All of a sudden, the judge, robes flying, jumps up out of his chair, demands the gun from the clerk, and accosts the mom, who was seated in the audience. Everyone was shocked. Then he sat back down and finished the plea colloquy as if nothing unusual had happened. The guy was a real nutcase.

Rumpole says: That's what happens when you take a plea instead of going to trial.

HANLON/MCDUFFIE CONTINUED

Two sides to the Hanlon/McDuffie issue:

"Batman" wrote:

When did we become such an unforgiving society that we can not recognize a good man rising from the ashes of his wrongdoing? Why do we celebrate such a story in movies and written fiction and not in real life? We preach redemption to our children when we bring religion into their lives, yet we grant none to those who have earned it.

Those of us who were around in 1980 know what happened and the injustice of the acquittals that followed. Of all of the culpable parties, Hanlon was the only one who came forward and acknowledged his participation. The others denied everything and after being acquitted went on their merry way. To now punish the only remorseful and repentant one is unconscienceable.

For the Supreme Court to determine that Hanlon's acts were so egregious as to deny him entry now or at any time in the future is beyond hypocritical. Considering the attorneys who have been convicted of innumerable felonies not being disbarred, judges who have committed criminal acts and not removed from the bench and applicants who have shown no history of rehabilitation from their own criminal acts, this decision smacks of politics and pandering. Obviously those most aggrieved by Hanlon's conduct think better of him than those who don't know him at all.

And Abe Laeser responded:

Oh, you mean the Hanlon who came forward before the autopsy? The one who watched / helped / killed {your choice} and did the 'right thing' for HIMSELF. 

Yes, he was able to persuade Adorno and Yoss that they should grant immunity - before he had anything to disclose. Wise decision. 

No, not for the concept of Justice. No, not because he was motivated to go after killer cops. He cut the best deal for Hanlon. He knew that the stories that every one of the killers had spoken and put into reports were complete lies. They killed a man out of anger. He kept silent, denied his own actions, and now what?

I still have my memo outlining to Ms. Reno why I thought Hank + George were wrong. She decided otherwise. I voted to prosecute Vaverka and Hanlon first. But that was late in 1979 and nothing would have brought Arthur McDuffie back.

Do I appreciate that Hanlon has tried to lead an honorable life since? Certainly. But the stain has not faded. Can he become a cop again? Nor should he be an attorney.

I still foolishly believe we are an honorable calling -- that our honor and trust are our finest tools. Hanlon did what he had to do to save his skin. Please do not confuse that with honor and trust.

Rumpole says: Two valid view points. I guess the issue is whether you consider redemption and whether redemption is sufficient to earn a place in the Bar. You know, I think that if Hanlon had gone to medical school instead of law school he would not have any problem in becoming a licensed doctor. If we can trust someone to reach inside us to save our life, can't we trust someone enough to write a will, or do a closing, or a divorce? I think that being a police officer is a very tough job. There are pressures the average person cannot comprehend. What Hanlon did on that street that night was very was wrong, and what he has done since then apparently has all been very right. I'm willing to give him a second chance, but that is me, and I didn't prosecute the killers who killed McDuffie and I didn't have to deal with the pain of explaining to his family why they were acquitted and why my office made a deal with Hanlon. 

RANCK WATCH D-DAY

Todays the day. Does the SAO continue its reign of terror firing anyone and everyone who crosses the path of the administration?

Voice a concern about a police shooting? YOU'RE FIRED!!

Accept a toy for charity in court? YOU'RE FIRED!!!

Lie about why you were fired? YOU'RE REALLY REALLY FIRED!!!

Sexually harass women employees? please resign whenever you feel most comfortable doing so.

Let's see what happens today. 

THE CASE THAT MADE MIAMI BURN

Courtesy of the Broward Blog we post this link to a Tampa St Pete Times article on former Miami Police Officer Bill Hanlon.

Recognize the name? Most lawyers and Judges will not. But longtime residents of Miami and the REGJB will remember Hanlon as one of the Officers who participated in the arrest of Arthur McDuffie. McDuffie who was an African-American,  died during the arrest and 8 officers were arrested. Hanlon testified in a Tampa courtroom against the other officers  but that was not enough and the officers were acquitted. This followed a long and tortious trail of cases in Miami before the whole mess was moved to Tampa. 

After the acquittal, Miami burned, as riots tore through our town. 

The article has a picture of a National Guardsman standing in front of a burning car. That's right folks. For all you young people, there was a time in the not too distant past when the National Guard patrolled this town, as chaos reigned. 

Then the Columbian drug lords moved in and everything quieted down. 

Bill Hanlon has completed law school. For the last 25 years he has led a life that has been nearly perfect and dedicated to making amends for his mistake. Hanlon did not kill McDuffie. He passed a lie detector as to whether he hit McDuffie. What Hanlon did do was participate in the cover-up to protect the cops who beat McDuffie to death. The article raises important issues as to whether there are certain actions that ever prevent a person from becoming an attorney in Florida.

With his tireless work as a guardian ad litem and mentoring of disadvantaged children it appears to us Hanlon deserves the chance to work as an attorney in Florida. 

Check out the article HERE

30 YEARS AT THE SUPREME COURT

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

PENNY BRILL WAS RIGHT!!!

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

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

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

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

RANCK WATCH

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

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

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


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


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




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


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