WAITIN ON A SUNNY DAY

"It's rainin', but there ain't a cloud in the sky...."
Bruce Springsteen, Waitin on a Sunny Day


President Obama asked his Attorney General to investigate the recent spate of leaks of national security information. From the secret hacking of Iranian computers to the administration's policy on drone strikes (The President makes the final call) there have been a series of articles lately, all of them casting the administration in a good light- which then put the President on the defensive in his presser yesterday to the charge his administration is leaking these items for political purposes. 
AG Holder bypassed the Special Counsel option and appointed US Attorneys for DC and Maryland to run concurrent investigations.  No surprise that "No Drama Obama" didn't want to go the Special Counsel route. Those guys are like hostess twinkies- once you create them they take on a life of their own and never just fade away. 


Prometheus will either be very good or a real snoozer. 


HRH The Duke of Edinburgh (Prince Philip) has left the hospital after a five night stay that caused him to miss the finales of Queen Elizabeth's Diamond Jubilee. 


Chris Pole is your newest Broward County Court Judge (should that read the way it does, or should there be another "county" after the first county because we are referring to a county court judge in Broward County?) 


ALWAYS LIE:
The cardinal rule of being a political consultant is never, never, never tell the truth about your candidate. Always lie. Always spin the negative into a positive and spin a positive into a momentous event.  But Steve Schmidt, John McCain's campaign manager in the 2008 election- and the man directly responsible for the selection of running mate Sara Palin- is ignoring the cardinal rule and telling the truth about his selection of Palin: 

“My regret is I should have been the guy to say, ‘Stop, it’s too risky,’ ” he said, walking slowly up the road to his home. “As opposed to the guy saying: ‘Let’s take the risk. We have to win this.’ ”

How does that make him feel? “Terrible, terrible, terrible,” he said. “I have a level of regret that is hard to put into words. The notion that I would be a participant in a decision that, had events turned out the other way, this person would have been in national command authority? I am sick about it.”

It makes us sick too, and we had nothing to do with the decision. 

Chuckie Cheese:
Query: What's dirtier than a Hialeah cesspool? 
A: The north Florida prosecution of former Florida GOP Chairman Jim Greer. Especially when former Governor Charlie Crist files an affidavit for the prosecution. Greer's lawyer called Chuckie's mouthpiece to see if the Governor turned hack attorney would consider revising his affidavit after further reflection. Chuckie and his gang ran crying to the FDLE.  Now everyone is pointing fingers and printing out emails. 

What's on your mind this weekend? 

NO PASSION FOR PUNISHMENT

The Washington Post has this thoughtful article on US District Judge Ricardo Urbina who announced his retirement after thirty one years on the bench because he had no passion for punishment. The endless conveyor belt of sentencing hearings finally took its toll on the Judge, who meditates every morning to clear his mind and identify whatever lingering prejudices he may have before the day begins. 


Rumpole says: we need more judges who agonize over sentencing hearings, not less. 

LOWER RATINGS:
Just 44 percent of Americans approve of the job the Supreme Court  is doing and three-quarters say the justices’ decisions are sometimes influenced by their personal or political views, according to a poll conducted by The New York Times and CBS News.

FOR WHOM THE BELL TOLLS

Ask not for whom the bell tolls Eric Spoelstra,  Lebron "SoBe" James, et.al., It tolls for thee.


Game Six tonight in Beantown. An elimination game for your hometown Miami Heat. 

Zombie sightings and attacks continue,  (the latest was in Louisiana) as does the JAA Blog's reporting of the work habits of Judge Robert Diaz:

(Caught in the act: Bobby Diaz hiding behind his ever present iPad Tuesday morning, after being busted off the bench yet again. )
The caption is from the JAA Blog here.


See You In Court. 

THE LIMITED REGISTRY & KAUFMAN

Adam Kaufman was acquitted of murdering his wife Tuesday evening after a fantastic job of lawyering by Bill Matthewman and Al Milian. David Ovalle's updated Herald article with juror interviews is here. 
 Florida loses a top criminal defense attorney when Matthewman dons the robes (and thus gains a blog target- sorry Bill, but you know how we feel about Judges...) and becomes a Federal Magistrate. 


It occurred to us moments after the verdict that this case could have ended quite differently. 


Imagine that a single mother of three collapses in her Liberty City apartment and dies in her bathroom. In the living room is her boyfriend, out on probation for domestic violence, who is high when the police arrive. A crack pipe is found on him when the police arrest him. 


The public defender conflicts because they represented  the deceased in the past and RC3 conflicts because they represented the victim in  the defendant's domestic violence probation case in a different matter. Up steps the limited registry attorney who takes the second degree murder case for a hard cap of $2,000.00. 


Does our defendant's case end the way Adam Kaufman's case ended? 


Granted, it takes a lot to look into the eyes of a person in the situation we described and not try to recommend a plea. But assume for a moment that the lawyer is diligent and before trying to plea  the case engages an ex parte medical examiner who finds the scar in the heart and opines that the woman died of a heart ailment and not strangulation. Now what?  Kaufman's wife died in November 2007 and (we are guessing here) he was arrested in 2009 and his case took three years to prepare and six weeks (we think)  to try. Who among us can afford to devote (now we're estimating) 500 plus hours of work for $2,000.00? (Those of you who can please email us immediately reference a small loan). 


The odds are that our defendant takes a plea to second degree murder, having lost faith in a lawyer who clearly has neither the stomach nor the personal resources to devote to the fight necessary to prove his innocence (and make no mistake, Mr. Kaufman had to prove his innocence in this case, which his lawyers admirably recognized and tactically achieved. ) 


Our client's innocence is proven only at great personal expense and sacrifice of the limited registry attorney. Such a sacrifice should not be expected of a professional who's  devoted years of training and practice to recognize the flaws in a case like Kaufman's and has the ability to exploit such flaws. 


The legislature is clearly willing to sacrifice Adam Kaufman's life in the name of balancing the budget. Cops don't make mistakes or lie, do they? Where there's smoke,  there's fire, correct? Isn't anyone acquitted really guilty but for the cheap tricks of some slick defense attorney? Taxpayers shouldn't pay for criminals to get off, should they? 


Medical examiners don't make mistakes do they? Homicide detectives don't screw up investigations by sleeping with crime scene techs, and married crime scene techs don't screw up crime scenes and get protection from their paramours, do they? 


Ask Adam Kaufman, or Bill Matthewman or Al Milian. 


See you in court. 


FYI- another zombie is arrested. The epidemic is spreading despite what the CDC says. 

PROTEST TOO MUCH

BREAKING: NOT GUILTY!!!! CONGRATS TO BILL MATTHEWMAN AND AL MILIAN. 
Of course ace reporter David Ovalle was on top of the verdict. His report is here. 


The United States Center For Disease Control has seen fit to issue this official statement:
“CDC does not know of a virus or condition that would reanimate the dead (or one that would present zombie-like symptoms),” agency spokesman David Daigle told The Huffington Post.
Lets take a quick look at some other governmental denials:
The 37th President of the United States, Richard M. Nixon: "I am not a crook."
The 42nd President of the United States, William J. Clinton: "I did not have sexual relations with that woman."
The 43rd President of the United States, George W. Bush: "Iraq has weapons of mass destruction." (Technically not a denial, but a trillion dollar whopper of a lie.) 
"There was no conspiracy to kill the president." The Warren Commission. 
Elvis Presley is dead.


We will be selling official Anti-Zombie kits through the Blog's partnership with Zombiezom dot com shortly. 


JUDICIAL CANDIDATES FORUM
Speaking of Zombies, don't forget the Judicial Candidates Forum Wednesday night MDCC Wolfson Campus:
Miami Dade Judicial Candidates Forum 2012







DECISION TIME
If all goes as planned, by the time you read this, the jury will be out in the Kaufman-Aventura-was she murdered or did she pass out? jury trial. Stay tuned.  
UPDATE:Captan reports jury went out at 9:55 am.
Super reporter David Ovalle reported here that the deceased's mother (who testified for the defense) got into it with the prosecutor, in front of the jury, during rebuttal argument. Rumpole practice tip: try not to pick a fight with your victim's next of kin in front of the jury. 


A PORSCHE AND A PLEA:
Don't miss DOM's coverage of two hucksters who ripped a client for over a quarter million dollars of cash, cars, jewelry and a condo for a plea and then didn't even bother to help the client on the Rule 35 (or 5K.1) sentence reduction. Shocking.


Please stay in touch with the FACDL leadership and write your own letter to Judge Brown explaining why you will not participate in the Limited Registry. By refusing to lower our standards and compromise our clients, we can defeat this law. 


See You In Court. 

Read more here: http://www.miamiherald.com/2012/06/04/2832770/fear-anxiety-drive-zombie-craze.html#storylink=cpy

JUST SAY NO

Dear Judge Brown:
After reviewing the new law creating a "Limited Court Registry" for court appointments, and reviewing the FACDL's letter on the matter (attached below) , please accept this as notice that we will NOT be applying for the limited court registry. Allow us a moment to explain why:


Criminal defense is a serious business. People are charged with crimes that have life-lasting and life altering  effects. There is the stigma of being charged with a crime. If convicted there is the black mark of a conviction and perhaps incarceration.  In an era of instantaneous electronic information, a person's criminal history stays with them-at least on the Internet- forever.  In an era when the legislature trusts your profession (the judiciary) less and less and thus creates more minimum mandatory prison sentences, the need for a professional who has spent years training in this specialized area of the law could not be more important.


 Senate bill 1960 represents more than an attack on criminal defendants and their attorneys, it represents an unprecedented attack on the criminal justice system. The bill creates an era and aura of disrespect for the Bill Of Rights. The right to a competent attorney; the right to discovery under the Florida Rules of Criminal Procedure; the right to a trial by jury and thus the right to confront and cross examine those who accuse you- all of these rights are dismissed by the creation of the limited registry.


In place of these rights, the limited registry creates a plea factory. The appointed attorney has NO incentive and little option to do more than work a few hours to obtain a plea for their client. The law implies that the police and prosecution are almost always right, and thus most people will not need- and Florida will not provide- a quality defense attorney.  Suffice to say that neither you, nor I, nor the Governor, nor any legislator who supported this law would accept for ourselves or our family a limited registry attorney.


The Limited Registry codifies what is already being openly whispered about- that in Florida, the amount of Justice you can obtain is directly proportional to the amount of Justice you can afford to pay for.
I for one will not participate in such an enterprise. The letter by Jude Faccidomo on behalf of the FACDL expresses their opinion that their members should also not participate in such a dangerous enterprise. Dangerous- because our criminal justice system teeters on the edge of disrespect by society. When the system loses respect, it is easier for police officers to lie, for prosecutors to abandon their responsibilities, for citizens to commit crimes.


There are times in a society when a tipping point is reached. And the road travelled depends directly upon the actions of individuals faced with a choice. The choice of conscientious criminal defense attorneys is in our opinion clear: at their own financial peril they should not join this attack on our bar, our courts, and our rights.


Your Humble Servant,
HR.
Senate Bill 1960

RAIN

Coming  Monday: Rumpole, Joel Brown, The FACDL, and Court appointments. Politics and $$ make strange bedfellows. 


Miami Heat crumble. Update below. 


It's been raining in Miami. Who moved us to Seattle?


If you haven't been reading the JAA blog, you're missing non-stop-relentless reporting on the absences of County Court Judges from their Broweird courtrooms.  Judge Robinson has been out eight days in a row. Judge Diaz had one case on his calendar Thursday  and then the JAA blogger/reporter snapped a cell phone pic of the peripatetic Judge in the elevator on his way to finding a felony trial for his interns to watch.

                             (Judge being stalked by blogger.)


And people think we give robe readers a hard time.


George Zimmerman's bond was revoked for having more money than he said he had. Why can't we have clients like that?


BIG FEDERAL VERDICT
Guilty verdicts for two South Florida Doctors on a big medicare fraud trial before Judge Setiz that lasted two months. Tough loss for veteran defense attorneys Sa, Rabin and Jose Quinon. Hung jury for Federal Court veteran Dennis Urbano and his client. 
Rumpole'e oft cited  Third Rule of Jury Trials: "Avoid Friday verdicts at all costs."  It worked well for John Edwards on Thursday. 


SHHSH....
Lots of "hush-hush" meetings on all sorts of things REGJB related. From getting into the building, to getting paid, we're on top of it all. 


BAN ON SODA
NYC Mayor Michael Bloomberg is promoting a NYC wide ban on sugary soda drinks sold in containers over 16oz. Why? Two reasons. 
1) Sugar is a dangerous substance that is addictive and kills; 2) Bloomberg obviously reads our humble blog. 


Enjoy your first summer weekend. Stay dry. Go Marlins and Celtics.
UPDATE: HEAT GET BASHED IN BEANTOWN
From the ESPN coverage:

The Heat have every reason to believe the referees took note of Boston's vociferous complaints that Miami's superstars were given preferential treatment and made the necessary adjustments. In Game 2, LeBron was not whistled for his first foul until there was 3:23 left in the third quarter. On Friday night? The whistle was blown on the league MVP a mere 32 seconds into the game.

Ah, but we digress.

In the wake of a resounding 101-91 Game 3 Boston victory, there's evidence this series can be competitive going forward, and that has nothing to do with how the games will be called.

It's all about Boston's defense and its ability to contain (within reason) two of the most lethal slashers in the game. It should come as no shock the Celtics' effort was anchored by two people in particular: the redoubtable Kevin Garnett and the mercurial Rajon Rondo , who followed up his magnificent Game 2 for the ages with a satisfying double-double (21 points, 10 rebounds). 

REPRIEVE

BREAKING: John Edwards Jury has reached a verdict only on count 3 (the "Bunny Money" count for 2008). There is no verdict on any other count, including count 2 which is the "Bunny Money for 2007." The Judge did not have the verdict read  Edwards was acquitted on that count. The Judge sent the  jury back for more deliberations.   The Judge read an Allen charge and after further deliberation the jurors could not reach a verdict. A mistrial was declared. John Edwards spoke to the press afterwards and while denying that he did anything illegal, took responsibility for doing a lot of wrong things. 


"The Line" has been saved for now. The attorney entrance line at the back of the REGJB- scheduled for execution on Friday June 1, 2012 at 9:01 AM., has received a stay. For now the line will stay in business. The reason is ostensibly the backlog of applications for the REGJB Identity Card that all attorneys will need to gain entrance to the REGJB with waiting with Hoi Polloi (the great unwashed). 
NOTE: YOU DO NOT HAVE TO BE AN FACDL MEMBER TO GET AN ID CARD. You do have to be a lawyer and have your bar multi-state results immediately available. 


Now these next words hurt, but they must be said: Broward does it right (ouch) and Dade does not. Give us a moment to recover from this painful observation. 


In Broward they have an employees line that attorneys can use with a Bar card. It is much shorter than the general line. Therefore, when an attorney from Dade who infrequently visits Broward has the unfortunate requirement of attending court in Broward, s/he can still gain admittance within a reasonable time. However, when our brethren from Broweird head south, they will have to wait in a lengthy line because their Bar card will do them no good in gaining entrance to the REGJB. 


The question is why? 
A card that allows all attorneys entrance to the REGJB without being screened is an unmitigated security risk. Either people get screened or they don't. If you screen three quarters of the people entering the REGJB, or 90% of the people, you might as well not screen anyone. Not screening everyone  is a security gap that is intolerable in a gun-ridden society.  Any lawyer has just as much a chance of becoming imbalanced (and more so  for the judiciary-sorry, couldn't resist the cheap shot) as any other individual. 
So why not just have a separate line for attorneys and staff and those who work at the REGJB like clerks and court reporters? Just like they do in ...ughh...Broweird. 


Our understanding is that as things now sit, once the attorney line is closed, all staff members from the SAO or the PD or any intern working with an attorney will have to stand in lines that sometimes have more than an hour wait time. So will any attorney who happens to visit from West Palm or Broward or from any other jurisdiction. Imagine you are an attorney hired for a big case in Tampa. A six or eight week murder trial, and every day you have to wait in line for an hour to get into the courthouse. Think your opponent will have an advantage over you? 


The current system will never work. Please fix it Judges Brown and Soto. 
Thank you. 
See You In Court. 

THE END OF THE LINE

Lots of intrigue in the hallways of the stately REGJB. It might look like business as usual from the outside, but we can assure you from the inside there is lots going on. 
First order of business is THE END OF THE ATTORNEY LINE. 
Starting Friday June 1, 2012, after 8:30 am any attorney seeking to enter the REGJB who does not have a special ID card will have to wait in the general public line. Can you just see Albert Krieger, Roy Black and Mr. Markus at the end of a line stretching around the block as they arrive at 9:15 for a 9:30 sounding? 


What is more likely to occur is that an attorney arriving with a staff member- investigator, assistant, secretary, intern, etc., at 9:15 will be faced with asking their assistant to wait in a hot, hour long line, if they want to enter the building and assist them. Seems to us that there needs to be a solution to this problem. The State Attorneys Office support staff/ employees seem to be able to skip the line. Defense attorneys need help too (sometimes, and never for us.) 
COFFEE IS FOR CLOSERS
If you're under forty, if you've been practicing law for less than seven years, and if you think you're a good closer, then the UM Law School is hosting a "Legal Eagle Closing Competition." Click here for the details and if you enter and win and are a loyal blog reader, we promise you fame if not fortune. 
THE EDWARDS JURY
Wednesday was day 8 of the deliberations in the trial of USA v. John Edwards. Amidst reports of strange behavior of some jurors, the judge met with attorneys in a closed door (no media) session on Wednesday. 
HARD KNOCKS
Your home town favourite Miami Dolphins have been selected to appear on HBO's Hard Knocks series, which follows a team through training camp. 
Summary: 
Judges suing candidates; flesh eating zombies loose on the streets of Miami; attorneys waiting in stifling heat in lines that take hours to clear; no money for court appointments;  just another summer in paradise. 


See You In Court. 

JUDGE PATRICIA MARINO PEDRAZA SUES TO GET OPPONENT KICKED OFF BALLOT

THE CAPTAIN REPORTS:

ELECTION CENTRAL .....  COUNTY COURT ... PATRICIA MARINO PEDRAZA FILES LAWSUIT ASKING COURT TO KICK CHALLENGER OFF BALLOT (from the DBR).

http://www.dailybusinessreview.com/PubArticleDBR.jsp?id=1202556158151&thepage=1

The DBR reports today that Rodolfo Pedraza, husband of County Court Judge Patricia "Marina" (the DBR spelled her name incorrectly) Pedraza, has filed a lawsuit against challenger (and Miami-Dade ASA) Frank Hernandez attempting to get him removed from the ballot this August.

For the Plaintiff: None other than Michael Catalano

For the Defense: JC Planas

The Judge:  Looks like the case was originally assigned to Judge Ellen Leesfield.  There is a Recusal listed on the Docket Sheet and it may have been reassigned to Judge Victoria Platzer.?

The issue: Whether Hernandez filed a complete and accurate financial disclosure form required of all judicial candidates.

According to Catalano:

Hernandez did not include his home mortgage as a liability when he filed the disclosure form.  County records show that there are two mortgages totaling $250,000 on Hernandez's home.

According to Planas:   

Candidate Hernandez and his wife, Jodi, are listed on the warranty deed on the home, and both signed the mortgages. But Hernandez isn't on the mortgage note and therefore didn't have to list the mortgages as liabilities.  Planas called the lawsuit "frivolous" and has filed a Motion to Dismiss set to be heard this Friday.

Pedraza's attorney, Michael Catalano, has also demanded that Hernandez turn over copies of his bank statement on the day he filed the disclosure form.  The challenger did not list any bank accounts on his original form.



CAPTAIN OUT .....
captain4justice@gmail.com

CELTICS IN SIX

Update: We put up one last post on DOM's blog before he returns. "Prosecutors Run Our System" (not our words, believe it or not). Check it out here. 
HEAT  vs CELTICS

Rumpole predicts: Celtics in six. 











URBAN WEEKEND PROCEEDING SMOOTHLY
According to the Herald and Ace Reporter David Ovalle, things on Miami Beach have gone fairly smoothly this weekend and the police have done a good job. Ovalle's report is here, including tenacious and in depth reporting on the "bikini-clad women" partying on south beach. No story is too difficult or disturbing for Mr. Ovalle.  He does what he needs to do to get the facts, bikinis notwithstanding. 

SUMMER FUN

BREAKING- we've posted a video of the FACDL court appointment  fees meeting- below. 


The much anticipated, hotly debated, often imitated,
 never duplicated,  Judge Milton Hirsch summer practice order ( (c) The Honorable Milton Hirsch, 2012 all rights reserved)  has been issued:
There is a tide in the affairs of men.
Which, taken at the flood, leads on to fortune;
Omitted, all the voyage of their life
Is bound in shallows and in miseries.
On such a full sea are we now afloat,
And we must take the current when it serves,
Or lose our ventures.
Brutus, Julius Caesar. 

Good afternoon,

The judge has officially decided to initiate his “Summer Rules” for the upcoming summer term.  Starting July 2^nd, 2012 and ending September 4^th, 2012, Judge Hirsch’s calendar will begin at 9:30am, as opposed to the original time of 9:00am.  Please keep in mind that this will only be in effect for the stated time period.  In case this is not abundantly clear, this will ONLY be in effect between July 2^nd, 2012 and September 4^th, 2012.  Come September 5^th, 2012, calendar will sadly return to beginning at 9:00am.  Thank you!  Feel free to call if you have any questions.

Rumpole says: Some addendums to the summer rules: Gin will be exclusively served until September 6, 2012. Gentlemen may wear poplin or seersucker suits from Wednesday through Friday whenst not in trial. Ladies and Gentlemen may begin to wear white through Labor day, but not beyond. Straw wide- brim hats are appropriate for gentlemen at the bar, while the fashionable lady lawyer may enter court with a petite parasol. Shaved ices will be served at Au Bon Pain along with iced tea and mint-sweetened or un-sweet. 


FACDL COURT APPOINTMENT MEETING.
Through the power of technology, an alert reader recorded the meeting. To set the scene, a frightened group of small business owners are threatened by a malevolent force about to strike in the summer. They schedule a meeting, and an unlikely, quirky loner offers to save the day- for $10,000.00. So ante up, and watch the video. 




"I'll find him for 3...but I'll catch him and kill him for ten....Ten thousand dollars for me by myself.  For that you get the head, the tail, the whole damn thing."


Rumpole says: The FACDL needs to hire Quint. 


See you In Court. 

COURT APPOINTMENT FEES MEETING

Don't miss the big court appointment fees meeting on Thursday, courtroom 4-7, 4 PM. 
Even if you don't take court appointments, the issue of the Florida Legislature eviscerating the Sixth Amendment is serious. All criminal defense attorneys should be bothered by this turn of events. If indigent clients do not get quality representation then the system will not work. 


A reader is sad, and that worries us:
Anonymous said...

Rump,

The weather had me down, so I started thinking about this criminal justice system that we devote our lives to and, well, let’s just say that I started looking out the window again to try to cheer up..

As I read about the hearings before Judge Cooke on the Greenberg/TD Bank fiasco, I could not help but think (after overcoming the automatic gag reflex I have to anything civil) how government prosecutors -- both state and federal -- routinely and more egregiously hide evidence – either through gross indifference or outright deceit -- without anywhere near the kind of scrutiny or consequences that has befallen these civil lawyers. Prosecutors and law enforcement get to play by different rules than everyone else. Judge Gold tried to hold prosecutors accountable for misconduct in the Shaygan case and he gets reversed by the 11th. The State legislature wants to pay appointed counsel less than minimum wage. And the list goes on . . .

I’m really down today about the unfortunate realities of our criminal justice system and how unfair it is. Got anything to cheer me up?

Wednesday, May 23, 2012 4:29:00 PM

Rumpole says: A long holiday weekend is coming up. Does that help? Judge Venzer is coming back to the REGJB. That's always good for a few laughs. The Marlins Giancarlo Stanton has hit two grand slam home runs this month. That's something to cheer for. Egyptians are voting in a free presidential election this week. The Facebook IPO fizzled- come on-laugh with us at those chumps who bought that crappy stock. Oil is below $60 a barrel and Bin Laden is still dead. Plaxico Burress is bucking a trend and wants to play for the Dolphins. 

And finally, here's a touching story of a five year old African-American boy who was photographed in the Oval Office running his hand through President Obama's hair. The President  bent down when the boy asked if the President's hair was the same as his. A white house photog snapped the picture. It's a nice, feel good story. 

Cheer up Bucko. 

See You In Court. 

ANOTHER ATTACK ON COURT APPOINTMENTS

UPDATE: Couple of blog additions. Vote in our new poll directly  to the left of this post. Also- want to get email updates when your favourite blog has a new post? Enter your email address at the bottom left of the blog. Note: we share our email addresses with selective Inupiat-Yupik merchants who may send you solicitations from time to time. 


(For those of you following the Kaufman murder trial, a/k/a Magistrate Matthewman's last trial, ME Dr. Hyma is scheduled for cross examination Tuesday.) 
If the Florida Legislature is in session, then an attack on the fees of criminal  court appointed attorneys cannot be far behind.  The support for having tax payers fund legal fees for criminal defendants is as popular in Tallahassee as say an Obama fundraiser at a Mormon Church, or a proposal to have the Tea Party endorse raising taxes.  The point is that no politician wants to defend using taxpayer money for paying lawyers to defend the accused. (Coming soon- Lawmakers express outrage over the presumption of innocence. "Cops don't make mistakes, so why presume all these crooks innocent" said Billy Bob Joe Schmo,  R- Some where in North Florida). 
There is now some such bill floating around in Tallahassee* to do away with paying lawyers more than the statutory cap on fees no matter how many hours they put in, or no matter how complex the case is. 
Update: Rick Freedman knows all- see his letter. The bill passed. 
Court Apptpdf







The way it works now (and we do not take court appointments so we have very little experience with this) is that there is some ridiculous cap on fees like fifty bucks for any felony in which someone is not killed. But when a lawyer puts in more hours than the cap provides for on a complex case, the lawyer can file a motion which some entity called JAC then opposes by phone, and in which the Judge usually grants. But no more. Now the new law will  tar and feather any lawyer seeking to exceed the cap. 


Enter the FACDL.  Jude "The Hammer" Faccidomo has scheduled a meeting at the REGJB this Thursday at 4pm in courtroom 4-7. 


There's actually an important point at stake here. The sixth amendment right to counsel. In a day and age when almost every felony prosecution is followed by an alphabet of enhancements and minimum mandatories that turns even a third degree felony into a mandatory ten year sentence,  the same body of lawmakers that passes those inane minimum mandatories has the obligation to make sure that the accused receives proper representation. 


It's ironic that the lawmakers in Tallahassee have no problem passing laws that allow sentencing judges to exceed the statutory maximum prison sentence, but  want to prohibit the lawyers representing those poor souls from exceeding the statutory cap for fees in those protracted and complex court proceedings. 
Ridiculous. 
See You In Court. 


We put a little post up on DOM's blog. Some federal nonsense. Check it out. 

THE DEATH PENALTY ... IT'S STILL ALIVE (AND WELL IN FLORIDA)

THE CAPTAIN REPORTS:

THE DEATH PENALTY .... IT'S STILL ALIVE (AND WELL IN FLORIDA)

Two recent articles on the death penalty deserve mention today.

First, Fred Grimm, from the Miami Herald, wrote an Op Ed called Dollars and Sense on Capital Punishment.  Part of it reads:

"Some 14 death row inmates in Florida have been cleared by DNA testing, after spending an average of 20 years on death row. Outside of the old Confederacy, that might be cause enough to reexamine the underlying morality of capital punishment."

"Instead, Florida Gov. Rick Scott vetoed funds earmarked for the Florida Innocence Commission, charged with sorting out flaws in the criminal justice system — an embarrassing mess of misidentifications and false confessions and lying jail house informants — that made Florida the national leader in wrongful convictions."

Read the rest here:  

And, the Huffington Post, speaks about the "murder" of a Texas death row inmate who was convicted for starting a fire that killed his three young children.  Governor Perry gets the award here for the latest Governor to sign a death warrant that executed an innocent person.

The Huff Post article is called: 

"Cameron Todd Willingham Exoneration Was Written But Never Filed By Texas Judge"

And reads in part:

"A Texas judge who reviewed the controversial 2004 execution of Cameron Todd Willingham planned to posthumously exonerate the father who was put to death for killing his three daughters in a house fire. "

"Scientific experts who debunked the arson evidence used against Willingham at his 1992 trial and a jailhouse witness who recanted his shaky testimony convinced District Court Judge Charlie Baird in 2010 that "Texas wrongfully convicted" him. But Baird's order clearing Willingham's name never became official, because a higher court halted the posthumous inquiry while it considered whether the judge had authority to examine the capital case."

Read the rest here:  

--------------------

In local news, the State of Florida vs. Adam Kaufman continues in Courtroom 4-1 on Monday.  Bill Matthewman and Al Milian for the Defense.  Dramatic testimony ended the week with a Crime Scene Detective returning to the stand to first deny and then admit having an affair with the lead homicide detective.

In case you missed it, the Herald article started out this way:

"But on Thursday, the trial took an unexpected turn when the defense attacked the morals and honesty of Detective Ana Howell, the lead crime scene investigator for Aventura police.
It was revealed in court that Howell, who gathered evidence in the death of Eleonora Kaufman, had an adulterous affair with the lead homicide detective on the case, Anthony Angulo."

"Kaufman’s defense attorney William Matthewman asked Howell about the affair.
“Isn't it true, ma'am, you previously had an intimate sexual relationship with detective Angulo?” Matthewman asked her in court."

“I am married and have three kids. My job is very important to me,” an uncomfortable Howell said from the witness stand. “This is very important to me, sir, because this is my life here,” she told defense attorney William Matthewman."

Read the rest here: 

--------------------

Stay out of the rain and enjoy your weekend.

Captain Out .....

Read more here: http://www.miamiherald.com/2012/05/17/2805151/at-aventura-murder-trial-in-miami.html#storylink=cpy

Read more here: http://www.miamiherald.com/2012/05/17/2805151/at-aventura-murder-trial-in-miami.html#storylink=cpy"

Read more here: http://www.miamiherald.com/2012/05/07/2788432/dollars-and-sense-of-capital-punishment.html#storylink=cpy

BROWEIRD V.3.4

MIAMI HEAT UPDATE: The Heat are down 2-1 against the Pacers. Game 4 is in Indiana. Miami Superstar Dwayne Wade was 2-13 and scored 5 points in the Heat's latest shellacking. 
Let us take a moment to analyze this series....seriously......
HAHAHAHAHAHAHAHAHAHAHAHA! What a bunch of spoiled babies. One player gets hurt and the whole team collapses. HAHAHAHAHAHAHAHAHAHA! 




In the United States of America court proceedings are, with rare exceptions,  open to the public. One of those rare exceptions is Broward county, where judges and their thuggish courtroom deputies routinely close the courtrooms and bar both the public and the litigants from court. 


Now we pause a moment to note that courtrooms aren't open to the public by the good graces of a Judge in a decent mood. No, the courtrooms are open to anyone and everyone by right and law  and not even judges are allowed to arbitrarily close them. There is a procedure involving notice to the media and the public and the right to be heard before a courtroom can be closed. 
Back to Broweird,  Judge Mary Robinson and this excerpt from the JAA Blog:
The trouble began shortly after 9:00 a.m. this morning, when the accused showed up for her hearing.  BSO Court Deputy Seymour blocked access to the public courtroom, stating anyone showing up after 9:00 a.m. had to go to the Clerk's office to reset their court date.  Arraignments are set at 8:15 a.m. it was explained, meaning people forty-five minutes late or more won't be heard.  One little fact the Deputy left out?  Observers told us Robinson herself didn't take the bench until after 9:00 a.m, making the judge at least forty-five minutes late as well, which is when we're told she usually shows up for 8:15 a.m. dockets.

Enter your humble author, who at least secured entry into the public courtroom for the woman in question.  Then at 10:20 a.m., she called to explain that she had been told again that her case would not be heard.  Court was still ongoing of course, and the courtroom was full of people waiting for their cases to be called.  At that point we returned and filed a pro bono Notice of Appearance to help the bewildered and capias concerned citizen, after some very angry and seemingly contradictory remarks from the bench in response to our questions regarding the judge's policy concerning late arrivals.

A call to Robinson's office not too long ago confirmed there is a policy, despite Robinson's refusal to use the "p word". Remarkably, the J.A. stated that unless she happens to be downstairs picking up mail and communicates to the courtroom that there are delays or long lines at security on any given day, Defendants arriving after 9:00 a.m. must reset their cases with the Clerk or get a warrant.  However, when questioned about Robinson's typical arrival times, the JA would not provide any information.  

So there you have it.  A massive dose of callous indifference to the plight of litigants who can't afford private attorneys, with what looks like a massive dose of hypocrisy to boot.  
But the trouble didn't end there for the courageous JAA blogger, because when he tried to appear before Judge Robinson the following day, he found that he would no longer be welcome in her court:
And speaking of disqualifications - neither Mike or Mary Robinson wants to hear our cases anymore.  Both judges entered sua sponte recusals this morning, following our reporting of Mary Robinson's tardiness on Monday, and refusal to hear cases of similarly late Defendants.  Is it simply a personal pride issue, together with spousal loyalty?  Is it because of possible JQC scrutiny?  Or has the Florida Bar received some judicial gripes of late?  Stay tuned, it could get very bumpy indeed ...
So lets summarize what has occurred:
1) A deputy barred a member of the public from entering the courtroom at 9am. The blogger eventually got her in. 
2) The Judge (who didn't take the bench for her 8:15 arraignments until after 9AM) refused to hear the woman's case, placing her in danger of a bench warrant. 
3) The blogger filed a pro bono notice of appearance thwarting the Judge's ability to issue a warrant for the woman. 
4) The next time the attorney showed up in court he was informed that Judge Robinson had entered orders of recusal on his cases before her. 


The Judge "punished" the attorney for stopping her from punishing a woman who was late, but not as late as the judge. 
Only in Browierd. 
See You In Court. 

A BRILLIANT VICTORY

"NEVER EVER EVER EVER EVER EVER EVER GIVE UP. NEVER GIVE UP. NEVER GIVE UP. NEVER GIVE UP"*
Winston Churchill, October 29, 1941, Harrow School, U.K. 


David O Markus never gave up. It took him eight years, a few trips to the 11th Circuit, and multiple court appearances. One of the lawyers he shares office space with also mentioned plenty of sleepiness nights. But in his post conviction relief advocacy for Yuby Ramirez, David never gave up. 


Ramirez was convicted at trial and sentenced to life in prison for what has been described as a "bit part"  in a Wille Falcon and Sal Magluta plot to murder a federal witness. 
On Monday US District Judge Joan Leonard found a reasonable probability that but for the flawed advice of her attorneys at the time of her trial Ramirez would have accepted a plea offer (which was as low as five years at one point) and that the mis-advice of counsel as to her maximum prison exposure (ten years) led her to reject the Government's plea offer. 


David took the case on pro bono eight years ago and he litigated his heart out, never giving up on his client who was serving a life sentence while the two Colombian brothers who orchestrated the plot received six year prison sentences. 


The Miami Herald article is here. 


Well done DOM. Well done indeed!


* The PM was not talking about the lines to get into the REGJB. but he could have been.