MIXER THIS WEEK

There's a "Bench/Bar" mixer on October 22 2009 at some "establishment" appropriately named "Delores, But You Can Call Me Lolita." We are not making this name up. This bagnio of sorts is located at 1000 South Miami Drive.

While laws against miscegenation have been mostly (and rightly) removed from the books, we have a policy which we strongly advise many of you to adhere to: while there is absolutely nothing wrong in having social relations (or more) outside your particular ethnic makeup, we urge caution when it comes to mixing intellect. In general, we strongly believe that one should socialize within a general range of one's intelligent quotient.

There is danger in socializing (or more) with those, well, there's no easy way to put this....with idiots. There. We said it. Problems arise. Families clash. There is social scorn whenever you go out in public. People point and whisper.

Eventually you wake up one morning and realize as you read your New York Times and your partner watches Fox News, that you just don't have anything in common. Then marriages fail, people are hurt, and only the divorce lawyers prosper.

We are much older and wiser than many young attorneys reading this blog. Perhaps the opportunity to mix with those below your intelligence seems sexy? Dangerous even. You've spent three years in law school studying law and avoiding miscreants so you could be admitted to the Bar. Now might seem like a good time to let loose. Let your hair down in a dark bar after a few drinks and see how the other half live.

Don't do it. A few minutes of pleasure is not worth throwing your whole life away. We know it sounds wrong. But really, individuals of lower and higher intelligence should not mix.

You have been warned.

However, should you dare to "take a walk on the wild side"

here are a few conversation pointers to help you avoid those embarrassing pauses when your conversation partner doesn't know what you've said or how to reply:

1) Don't use any phrases in latin. Ever. Except "nolle prosequi" That one they know. Usually.

2) Let them take the lead in their courtroom stories. Laugh politely when they mention how they ruled, then say "how about them Dolphins?" Avoid inquiring if the case was appealed. It's a sore subject to most.

3) Don't mention precedent. They don't usually care about mundane things.

4) Use simple words. Two syllables or less.

5) Avoid talking about the old days before they started their current job.

This is where it gets tough because the conversation usually strays into such flights of fancy that no reasonable human being can be expected to hold their tongue.

"You tried 125 jury trials? In one year? Really? How about them Dolphins?

"You gave up a million dollar a year partnership? Really. Plus a new Mercedes every year? Wow! How about them Dolphins?"

"The Governor called you personally to urge you to apply for the open spot on the Third DCA? (Pull out your handkerchief. Pretend to sneeze while laughing. Gather your thoughts about you. Take a deep breath.) How about them Dolphins?"

The best thing you can do Thursday is go to Joes, it's open now! Or Mortons, or stay home and watch Survivor.

Remember what your mother told you: "When you lie down with dogs, you get fleas."

See You In Court, safe in our anonymity.

OPEN FOR BUSINESS

While all attention focuses on our County Court brethren today and "The Blitz" (no one has really offered an explanation of what this blitz is or why Judge Slom is sending his linebackers and corner backs after the quarterback) we say: Welcome Back to the Miami Beach Branch Courthouse!

The Miami Beach Branch Courthouse quietly opened last week and is set to house judges, lawyers, clerks and a full complement of accoutrements needed for the fair and swift administration of justice.

Special this week only: Come to the Miami Beach Branch Courthouse and file a document or pay a ticket and receive one free commemorative bag of official Miami Beach Courthouse asbestos. A real collectors item! Offer good while supplies last. No purchase necessary.

See you in court; one word of advice: keep your backs and tight end in to protect against the blitz.

NFL 2009 WEEK 6

UPDATE. Titanic edition.

Well today has been an unmitigated disaster. Now I know how Jeff Fisher coach of the Titans feels (the last I checked the Titans were losing to the Cheaters 59-0 in a blizzard.)

The only thing to do is press forward and put 1500 Matt Ryans on the Atlanta Falcons -3.5 for the 8pm game. )

SUICIDE POOL DOWN TO FOUR

On any given Sunday any team in the NFL can beat any other team (excluding apparently the Redskins) and so Miguel De La Over and Michael Feiler exit our suicide pool with ill timed selections of the Eagles over the Raiders. David Marcus should have followed his instincts and picked the Raiders because the Jets just fell to the Bills and the leg of Rian Lindell. Marcus and the Public Pretender are out and we head to week seven with four left: Rick Freedman, Daniel Tibbitt (he sent an email at 10:24 am picking the Steelers today and we neglected to include him in the picks but he sent the email timely), Peter Sautter (who picked the Steelers with an email at 10:56 am today and I also neglected to include him but his pick was timely) and Memon.

Two winning weeks in a row and we're ready to go. The Fins got us here, so why not continue to ride them? All our money on the Dolphins not losing today! (Woops, off week for Miami.)

Giants at Saints. The game of the day. Two undefeated teams. The Saints are giving 3 at home. The Giants have a terrific Defense, and the numbers show that over the years the Saints are way below 500 coming off a bye week. Also Saints QB Brees has nine TDs this year- but how many has he thrown in the last two weeks? Zero. The same number of guilty verdicts as we've had in our four trials this year.

Brees has semi-inflated numbers from his 6 TD performance in week one over the hapless Lions. Assume for a second Brees threw an average two TDs in week one- then he would have five in four games- pretty average numbers. And Brees was still shut out the last two weeks- including two weeks ago against Buffalo of all teams. The Giants are not Buffalo and are not the team to make any QB healthy.

Giants +3 +500.

Arizona at Seattle: The Seahawks are a totally different team with Matt Hasslebeck at QB. How different? In three games Senaca Wallace had a QB rating of 82.5 with three TDs and two ints. Hasselbeck in two games has thrown 7 TDs, 2 ints, with a QB rating of 103. The Cardinals haven't won on the road this year and Warner is having a very mediocre year ( 6TDs, 4 ints, 89 QB rating).

The Seahawks are -3 at home and we like the number. Seattle -3 +750.

Sunday Night: The Bears play in Hot-lanta and we like the Falcons here -3.5 big. How big? Lets see what we do in the Giants game. We'll post something before 8pm.

Monday Night: The Broncos go to San Diego where the disappointing Chargers take on the surprising Broncos. The Chargers are led (as we often remind you) by one of the worst coaches in the league: Norv "will never ever win a Super Bowl" Turner. But are the Broncos for real? It's one thing to nip a weakened Cheaters team at home, but quite another to take on the Chargers at home where their considerable offensive firepower usually is displayed (overlooking the Ravens game earlier this year.)

We like the Chargers -3.5 because we like QB Rivers much more than Denver's Chicago castoff Kyle Orton. What Orton does well is manage a game. He won't win it for you very often, but he won't lose it for you either. While Bronco D-Coordinator (and last year head coach of the 49'ers) Mike Nolan has done an outstanding job with the Orange Crush defense this year (and we love rollin with Nolan) what this year has shown us is that for the most part a good offense can overcome a good defense. That means we expect a shootout in San Diego and we like Rivers in that type of game. Check back Monday for just how much we like Rivers in this one.

SUICIDE POOL:

Michael Feiler -Eagles; Public Pretender- J..E...T...S.; David Marcus -Jets (reluctantly, he informs us); Miguel De La Over- Eagles; Rick Freedman- Steelers; Iftikhar Memon (boy this name annoys us) Cheaters.

COLD FRONT COMING TONIGHT! Currently its a very pleasant 62 degrees, heading to a high of about 75. It was 62 at 6am today as we ran over the Key Biscayne bridge in the dark and then headed down to Baggs state park before turning around and loping back to our bike on the other side of the bridge before pedaling to Starbucks, and then home. Can't think of a better way to start off a Sunday.

COLD FRONT!

Long time and careful readers of the blog know our obsession with weather and temperature, especially cold temperatures. The first cold front of the season is heading our way and should bring temperatures down into the mid to ow 50's Sunday night! Hurray!

Early Sunday preview: We finished last weekend up 200, once again bailed out by our local Dolphins. The best move we've made this year is knowing the right time to hop on the Fins bandwagon.

This Sunday features some tough games and we aim to pickem. Undefeated Giants and Saints tangle in New Orleans, and we're leaning toward the Giants.

Undefeated Denver goes to San Diego on Monday night. Are the Broncos for real? We're not convinced yet.

Da Bears play the Falcons in Atlanta Sunday night. We like the Falcons. A lot.

Baltimore at Minnesota. The over 44 looks awful tempting. And Detroit at Green Bay the under 48 looks nice too.

Enjoy your Saturday night. See you tomorrow.

3rd DCA ROUNDUP

Hard times baby, well they come to tell us all
Sure as the tickin' of the clock on the wall
Sure as the turnin' of the night into day...

Bruce Springsteen, Waiting on A Sunny Day.

State v. Outler, Judge Richard Yale Feder makes an unlikely sojourn (much like the "sojourn" attributed to the Defendant by Judge Shepherd in the opinion: "...long before Outler began his suspicious sojourn down the Palmetto Expressway.") on to the pages of a criminal appellate decision. Feder granted a motion to suppress (bless his heart) on the following facts: The police intercept the delivery of a crate. They think it has marijuana in it. A dog does not alert. But still.... Outler comes to pick it up, they follow him on his "sojourn" home. The Feds were part of this cast of characters and they observe Outler speeding, at which point Judge Shepherd notes: "apparently, federal agents do not have the authority to make traffic stops"; but based on the speeding, erratic driving indicative of the Defendant believing he was being followed , and because one agent noted "hey, I've seen marijuana delivered in crates just like this", it all adds up to an investigatory stop, which is enough to get Judge Feder reversed.

Parker v. State: Score one for our PDs who get Schlessinger reversed on allowing introduction of "highly prejudicial" collateral crimes evidence.

The case features the testimony of "Aunt Griffin" and a fairly good definition of inextricably intertwined evidence. Why is this so important? We have noticed many judges over the last few years have taken to stating that they are finding that the collateral crimes are both admissible as Williams Rule evidence AND as inextricably intertwined. We trace this proclivity to a few Judicial Seminars where betwixt and between the margaritas and shrimp cocktails, our robed readers were duly instructed that when faced with a decision on collateral crimes- to label the evidence as Williams Rule AND inextricably intertwined.

Alas this strategy has been brought to a well deserved halt by Chief Judge Ramirez and Auntie Griffin: "As we stated in Dorsett, evidence is inextricably intertwined if the evidence is necessary to: (1) adequately describe the deed; (2) provide an intelligent account of the crime(s) charged; (3) establish the entire context out of which the charged crime(s) arose; or (4) adequately describe the events leading up to the charged crimes(s)."

And finally Judge Adrien can't seem to get this sentencing thing down at all. He's been reversed again, this time in State v. Williams -

"The State alleges that the trial judge erroneously sentenced the defendant pursuant to habitual offender and prison releasee reoffender enhancements, but did not provide habitual

offender or prison releasee designations or oral or written reasons for the sentence

which constituted a downward departure from the guidelines. We agree and

reverse. ....Proof of the release date, evidence of which the trial court did not give the State an opportunity to present, is an essential element for sentencing pursuant to the prison releasee re-offender act. State v. Garcia, 923 So. 2d 1186 (Fla. 3d DCA 2006) (holding that trial court is required to afford State sufficient opportunity to present evidence on defendant’s qualification as prison release reoffender)

For all you prosecutors who read the blog and send me endless emails complaining that I never call out a judge who makes mistakes and prejudices the prosecution, here's proof you're wrong. What kind of judge holds a sentencing hearing and doesn't give the prosecution a chance to prove the elements of an enhanced sentence?

What kind of judge does not provide written reasons for a downward departure?

What kind of judge ostensibly sentences a defendant to habitual offender and prison releasee re-offender sanctions but then doesn't provide those sentencing designations in the commitment papers?

Well so far the Florida Supreme Court doesn't really want us to answer that question while holding a license to practice law, so suffice it to say that it currently is a judge with two- and -counting - opponents in the upcoming election, which can't get here soon enough.

RED DOG!

There's something strange going on in County Court next week. It's called a blitz.

Can anyone offer a rational explanation to our readers as to just what will be happening in those strange little courtrooms no one goes into on the 4th, 5th, and 6th floors (and 2-11)?

Will there be trials? Is it just traffic tickets? Will those nameless, faceless ticket attorneys who race from courtroom to courtroom clicking on those computer terminals no one knows how to use, and shouting out motions to dismiss for failure to cite subsection o5421(d), be involved?

It's all very confusing.

Talk about confusing, here's a Miami Herald article on a doctor who's had 30 years of success in having patients lose weight by eating cookies. We keep banging out those 5K runs and eating salad with a thin slice of turkey, and all this time the answer was in a box of Entenmanns.

Speaking of baked products, here's a popular blog (100K+ hits a day) on cake mistakes.

Check out the famous flash drive cake.

David Markus likes Judge Richard Posner's defense of Ostriches in the decision affirming the conviction in Conrad Black's case.

And finally, when in Chicago, check out Felony Franks. Longtime and careful readers of the blog will well remember our various essays, critiques and disquisitions into the perfect Chicago style hotdog.

WILD ABOUT THE WILDCAT

WHAT A GAME!  Our Fins beat those J...E...T...S and we found ourselves a starting QB. 

Correction- we lost the Cheaters bet Sunday so we were down 880 Bradys  but the Fins won outright so we won 1000 Hennes and are up 120 Estafans for the week! 

Supreme Court update: normally the milieu of famous federal bloggers (but our favourite federal blogger is much more interested in his fantasy football nonsense) we bring you an update on what's going on at the Supreme Court:

The court heard argument today in Padilla v. Commonwealth of Kentucky, 

From the SCOTUS blog: At issue in the case is whether a criminal defendant’s guilty plea can be set aside because his defense counsel affirmatively misadvised him with regard to the deportation consequences of the plea, and whether such misadvice constitutes ineffective assistance of counsel under the Sixth Amendment.

Query: We thought only Massachusetts was a commonwealth. What other states are Commonwealths and what is the difference between a Commonwealth and a State? 

The "misadvice" issue is one area of both state and federal law that we often see in post conviction motions. 

For those death penalty mavens, the  Court heard argument today in Smith v. Spisak

on whether there must be jury unanimity in finding mitigating evidence in a capital case.  The issue is not that broad upon first glance because it deals with a specific instruction used in Ohio: “[i]f all twelve members of the jury find by proof beyond a reasonable doubt that the aggravating circumstances in each separate count outweighs the mitigating factors, then you must return that finding to the court.” 

Of course the court has the option to extend its opinion beyond these narrow instructions. 

And finally for those of you with a white collar practice,  the court 

agreed to examine   claims that “searing media attacks” on  Enron executive Jeffrey K. Skilling tainted his criminal trial and conviction on various fraud charges.  The case of Skilling v. U.S. (08-1394) also raises an issue on the scope of the federal law punishing the failure to provide “honest services” as a corporate executive.   The "honest services" issue has been hotly litigated the last few years as the DOJ applied increasing pressure on prosecuting corporate officers. 

NFL 2009 WEEK 5

UPDATE: We pushed our Cheaters bet (just as well, who really wants money won on

Cheaters?) and lost our Buffalo bet (memo to Bills- you lost AT HOME to the BROWNS, time to consider bocci) so we're down 550 Manginis for the week. Not to worry, the Fins will bail us out. The new line is Fins +2, (you can get 2 1/2 if you look) so we're going to press our pick and say Dolphins + 2, +1000 Ronnie Browns. (Did ya know the Dolphins turned down a Braylon Edwards for Ronnie Brown trade this week?)

The suicide pool bids a fond farewell to Dan Lurvey who took our advice and went out in flames on the Bills. Sorry Dan.

It's week 5 in the NFL, we're on a roll, the Fins play Monday night and Monday is a holiday! What could be better? (A Springsteen concert in NJ, but we already wrote about that yesterday.)

The Cheaters go to Denver to play the Broncos in a game that may feature some snow before it's over. Longtime and careful readers of the blog know our outright hatred of the evil genius, his pretty boy QB, and that entire cheating mess of chowder eating bean heads from Bahstan.

That being said, the Pats are three point road dogs in Denver, and emotions must fall way to money. We're not convinced the Broncos are for real yet, and the Pats are decent (geeze it hurts to say that.)

Take the Cheaters -3 200. Watch the weather carefully. The O/U was at 44 and is down to 42 but if the forecast calls for lots if snow and you can catch an unsuspecting line maker at 42, grab it. UPDATE- the snow will miss Denver so under is not a play here. The Broncos are "rollin with Nolan" - Mike Nolan is their new Defensive coordinator and their defense has been outstanding this year. Today will be a big test.

J...E....T....S......come to town for some Monday night football.

Rex Ryan has built himself quite a defense in NY very quickly. Ryan always was a great defensive coach, and it's no surprise he has gang green playing tough. But we think the J...E...T...S are playing above themselves, while, as we mentioned in pre-season, the Fins record would not match their abilities. The Fins are better than 1-3; the J...E...T...S are not as good as 3-1 and we like the Fins here with the game being even.

The Fins are the only team to consistently make the wildcat formation work. Coach Bill Cowher last year opined that the way to beat the wildcat was to blitz it. Music to coach Ryan's ears. How will the Fins respond? This will be a great part of the game within the game.

Also to consider is that J...E....T....S.... QB is starting his twentieth football game at the college or pro level. Meanwhile Fin QB Chad Henne is starting his 42 (40 at Michigan, give or take a few). Plus Henne has the benefit of watching a full NFL season as a backup. Henne has the stronger arm, and the Fins D is just as good as the Jets D. So the Dolphins win the QB matchup, they have the dominant running game, and they are just the better team.

Dolphins even +500.

The worst team in the NFL with the worst coach in the NFL (the Browns and Mangini) go to Buffalo where the Bills, while hurting, get their premier runner Lynch back from a four game suspension. The Bills are a 6 point favorite and their coach is in some hot water. The difference in this game is coaching and coaches.

Coaching- Mangini is the worst in the NFL.

Coaches- Bills coach Dick Jauron is widely respected by his players who want to win for him. Mangini is widely loathed by his players who can't wait to see him fail ( levying $1,000.00 fines on players for carrying a bottle of water into a team meeting will do that.)

Bills -6 +500.00

HAPPY 40TH Birthday Brett Favre.

SUICIDE POOL

Iftikhar Memon- Eagles; David O Markus- Steelers; Miguel De La Over- Giants; Rick Freedman

(who I neglected to mention stayed alive in week 4 with the 49ers) Eagles;

Lurvey-Bills; Daniel Tibitt-Vikes; Public Pretender-Eagles. Peter Sauter- Cowpokes;

Michael Feiler- Indy;

TWO CASES

Two cases dominate the local news as we head into a long weekend.

The tragic shooting and death of nine year old Sherdavia Jenkins ended with a lesser guilty verdict Friday of manslaughter instead of second degree murder. The Herald story is here.

Kathleen Hoague and Monica Gordo prosecuted the heart wrenching but difficult case. Hoague praised the verdict in the Herald. Jonathan Meltz for the defense vowed to appeal. While convicted of the lesser manslaughter charge in the murder case, the defendant was also convicted of aggravated assault with a firearm regarding the person the prosecution alleged the defendant wanted to shoot. Because the defendant discharged the firearm, he must receive a twenty year minimum mandatory sentence under Florida's 10-20-life law.

Two idiots with guns shooting up a neighborhood and the only one who dies is an innocent nine year old girl.

Yeah, guns aren't a problem in this country,

Speaking of idiots with guns, the Broward Blog is all over the preferential treatment the father of Broward Mayor Stacy Ritter apparently received in his bond release hearing today. We call it a bond release hearing, because although the Mayor's father was charged with a non-bondable offense for pointing a gun at his daughter (yeah, we know, but remember, it's Broward) the State Attorneys office appeared in court the very next day to say 1) they don't ever stipulate to bonds; but...2) recommended a bond of 15-25 thousand on the non-bondable offense.

Meanwhile Judge Backman (who in the past has been as nasty and sarcastic with us as seemed humanly possible from the bench) was falling all over himself to tell anyone and everyone that he was not holding an Arthur Hearing , but was acting as a "facilitator" in the case.

Hmm..that's a new one. We never ever thought to ask for a "facilitator" when representing someone being held without bond North of the Border. We always asked for an Arthur Hearing and would get one, usually on a Friday afternoon, several weeks after our client was arrested. And all along if we just asked for Backman as a "facilitator" we could have had our client out on bond the next day.

Who knew?

Live and learn.

NYC and the Boss.

There is nothing, and I mean nothing like the service you get when you stay at a suite at the St. Regis in NYC. The staff is amazing, right down to remembering "no capers"on my lox and bagel in the morning, and the particular newspapers I like to peruse (including Le Monde and The Times of London).

But none of that can match the truly overwhelming experience of Bruce Springsteen's last concert at Giants stadium in New Jersey last night. It was so powerful and almost unnerving that I stayed up all night, not wanting to give up the feelings and memory of the experience. The NY Times article is here, and it doesn't begin to capture the magic of the moment.

From the Stone Pony to closing the Meadowlands, it's been a long journey that I've been privileged to experience a small part of.

Now when all this steel and these stories, they drift away to rust
And all our youth and beauty, it's been given to the dust
And our game's been decided, and we're burning down the clock
And all our little victories and glories, have turned into parking lots
When your best hopes and desires, were scattered through the wind
And hard times come, hard times go

Wrecking Ball, Bruce Springsteen and the E Street Band.

3rd DCA ROUNDUP-bltn

(better late than never edition)

Aldin v. State. Rack up a win for our PDs and APD Gwendolyn Powell Braswell. No surprise that it's Judge Peter Adrien getting reversed on the motion to suppress. At last count the number of challengers to Adrien in the upcoming election  could fill the upper deck of Landshark stadium. 

Back to the case: Held: A consent to search an apartment does not extend to the defendant's van. (duh!) 

Argued by the prosecution: "But he's guilty...."

The case has some good language on the scope of searches, plain view, inevitable discovery, and harmless error. Nice Job PDs. 

Quote to remember: "The detective asked the defendant what items in the apartment 

were stolen.  The defendant replied that it would be easier to ask him what in the 

apartment was not stolen." (held- this is admissible on re-trial. Ouch! Perhaps it's time to consider a plea.) 

You've got to love clients with a sense of humor and irony. It makes the job so much more enjoyable. 

Wall of Shame: Stacy Glick here.

MORE MIN MANS

The minimum mandatory craze has reached traffic court. Courtesy of the Broward Blog and their readers who did the research:

Fun With Statutes -  322.0261 Driver improvement course; requirement to maintain driving privileges; failure to complete; department approval of course:

(4)  The department shall identify any operator convicted of, or who pleaded nolo contendere to, a violation of s. 316.074(1), s.  316.075(1)(c)1., s 316.072, s. 316.191  or s. 316.192 and shall require that operator, in addition to other applicable penalties, to attend a department-approved driver improvement course in order to maintain driving privileges. If the operator fails to complete the course within 90 days after receiving notice from the department, the operator's driver license shall be canceled by the department until the course is successfully completed. 

The 2009 Statute requires mandatory driving school on violations of traffic control device, red light, school bus, drag racing and reckless for "any operator convicted of, or who pleaded nolo contendere".  Q: Does a guilty plea to a Withhold gut the statute?

Rumpole says: add this as reason 84 for lawyers who aren't in traffic court every day to never go. 

Miami FACDL President Hector Flores is in the NY Times today representing a former "high ranking" ICE Agent. Courtesy of everyone's favourite federal blogger. By the way, there is no truth to the persistent rumor our favourite federal blogger was removed from the Supreme Court attorney's gallery the other day for doing the wave after Justice Sotomayor asked a question during oral argument. 

The JETS are coming to town this week for Monday Night Football and perhaps a renewal of Jets coach Rex Ryan's pre-season war of words with Fin Linebacker Channing Crowder. 

Another Monday holiday coming up. Enjoy your loooooong weekend. 

Ho hum. 

THE JAIL SAYS " NO"

What a surprise. The Dade County Jail has a new policy. Attorneys who go to see a prospective client at the jail can no longer see the individual except through the glass. Only attorneys who have filed a notice of appearance can see their client in a meeting room.

This information comes to us from ace attorney Bob Amsel.

Perhaps this is the jail's attempt to stop fellow criminal defense attorneys from "hustling" cases at the jail. And that's a good thing. But we believe the jail supervisors have not thought this through.

Scenario one: a family asks a lawyer to meet with their son to discuss an appeal a week after a guilty verdict. Under the new policy the meeting must take between glass.

Scenario two: A lawyer asks another lawyer to consider assisting in an upcoming trial. The client wants to meet the second lawyer before agreeing to release the funds and hire the lawyer.

Scenario three: a person who is just arrested asks a half dozen lawyers to meet with them at the jail so they can make a hiring decision; or a person has an attorney withdraw two years into the case and wants to hire a new lawyer.

The permutations are endless, but while we assume the new policy has the best of intentions, the practical results are problematic at best.

Alex Michaels has a new big case. Click here to see Alex hold a press conference on the steps of the juvenile courthouse (and no he didn't say the decision of the SAO to direct file his client in adult court was "bullsheeeeet".)

Here is the prosecutor's response in the Broward sex battery case that we have been discussing. This is the comment he left on the Broward Blog.

ASA Griffis wrote:
Much of the above posting about this case that I prosecuted could not be further from the truth.

It’s precipitated by a partial quote in the newspaper, part of a much larger statement I gave to the reporter, that has been taken out of context. Granted, even in context, this was not the best choice of words on my part. What I had intended my words to mean was not how they were construed.

Beyond that, the above posting neglects many of the facts in this case.

Going in, I knew this case would be very difficult. But then, if cases were dropped simply because the evidence consisted largely of the testimony of a sole witness, there would be numerous cases that would be unjustly dropped. That is not the standard that I gauge cases by.

Prior to the trial, I considered the strengths and weaknesses of the case. I again brought in the witness, a nurse’s aide who witnesses the incident and had never met the defendant. Following that interview, I was confident that there was a reasonable likelihood of conviction. The witness was very specific about what she saw, including the defendant’s sex organ, and what he was doing with it. She was adamant that there was no mistake on her part. The surrounding evidence supported her story. On the stand, the defendant acknowledged he was standing at the head of the bed, not kneeling nor holding her hand.

During the trial, it simply was whether the jury believed the witness was accurate in her observations. They did not. Hence my “comment,” only partially reported and misconstrued as it was.

There was no pressure to proceed from those above me, no “indoctrination”. In fact, I had been told quite the contrary, to drop the case if I felt that there was no reasonable likelihood of conviction. I concluded there was a reasonable likelihood of conviction. Had I felt the defendant innocent, I would not have proceeded to trial.

Rumpole inquires: regarding that last sentence, does this ASA have any comment in response to the hundreds of defense attorneys who all relate a similar story that the Broward County SAO has consistently responded that in cases where the individual ASA believes the defendant to be innocent, it is the office's policy to proceed to trial "and let the jury decide"?

HYPO

GOOGLE BLOG PROBLEM: RESOLVED. Please post your comments. 

Based on yesterday's post and discussion in the comments section, lets just call a Satz a Satz and throw this question out there for discussion:

Hypothetical: You are a prosecutor in charge of screening arrests and filing charges and the police come to you with the arrest of an individual who is seen by one unbiased witness performing a sexual act on an incapacitated elderly person. There is no physical evidence, there are no statements, there is no 404(b) Williams Rule evidence available. All you have is one witness who is one hundred percent certain they saw the Defendant perform an outlandish and horrific act upon an incapacitated person.

What do you do and why do you do it?

Answers with case law/Rules of Ethics get extra credit.

You have twenty minutes, no peeking at your neighbors. Begin........NOW.

It slipped by us yesterday. Usually we wear a Tuxedo to work and have a little party. Yesterday was the First Monday in October and the US Supreme Court is now officially in session. May Obama save the United States and this Honorable Court.

What does everyone's favourite federal Blogger and the back-up QB for the Philadelphia Eagles have in common? No, it's not the ability to run a 4.3 forty. Click here and find out, (and send David a box of dog biscuits if you're so inclined.)

FEAR SATZ

THE FOLLOWING IS ON THE BROWARD BLOG AND IS ABOUT MIKE SATZ AND HIS REIGN OF TERROR IN BROWARD COUNTY. NO OTHER LAWYER IN THE UNITED STATES HAS MORE EVINCED A COMPLETE DISREGARD FOR THE ETHICAL STANDARDS ALL PROSECUTORS ARE REQUIRED TO ADHERE TO. SATZ'S DEMAND THAT PROSECUTORS BRING INNOCENT INDIVIDUALS TO TRIAL UNDER THE AUSPICES THAT "THE JURY SHOULD DECIDE" IS UNETHICAL AND DOWNRIGHT FRIGHTENING. THE RECENT DISCLOSURES OF HIS OFFICE AND HIS PROSECUTORS HIDING EVIDENCE SHOWING THE INNOCENCE OF DEFENDANTS BEING PROSECUTED FOR MURDER AND RAPE MAY WELL BE CRIMINAL. THE RESULTS OF SATZ'S REIGN OF TERROR, AS DISCUSSED ON THESE PAGES AND THE PAGES OF THE BROWARD BLOG (INNOCENT MEN SENT TO DEATH ROW, ONE OF WHOM DIED THERE) SPEAK FOR THEMSELVES.

WHEN WILL BROWARD COUNTY DECIDE THEY NO LONGER WISH TO HAVE THEIR CITIZENS SUBJECT TO THE PROSECUTORIAL MADNESS OF MIKE SATZ?

Why innocent people should fear your State Attorney
by The Escaped Crusader

In a recent case a hospice chaplain was acquitted of a sexual battery charge on a dying woman. The charges are so inflammatory that anyone reading the initial news account of the chaplain's arrest wished him the worst penalty the law could impose. However, after the jury found him not guilty, the prosecutor was quoted as saying the jury reached a fair and just verdict based upon the evidence. That is because there really was no evidence. No DNA to show the chaplain touched or sexually fondled the woman. No fingerprints, no sexual exam showing evidence of some sexual act, and no prior criminal history. Nothing. Rather, the word of another employee who had seen the chaplain kneeling at her bedside and "believed he was touching her inappropriately". Nothing more.

This is an example of the worst of prosecutorial discretion. In other words, your State Attorney has indoctrinated his employees to be afraid to let a case go or be unfounded after arrest. Rather, they would have a jury let the person be acquitted than exercise their informed opinion that the case should not go to trial. That way God forbid the accused ever gets arrested again, the prosecution can say the jury erred in their verdict. Sounds good in practice if you are concerned about your reputation about being a hard line prosecutor. Very disturbing if you are an innocent person.

Just as we would not want to imagine the horror of a dying woman being sexually assaulted by her chaplain, we should be equally outraged at the indoctrination of our prosecutors to let an innocent person go to trial for fear of a dropping a case where the prosecutor knows it is a "fair and just" outcome before the trial begins.

Imagine the horror of the chaplain who had to wrestle with the reality of an arrest and prosecutors urging a jury to convict him when they knew the opposite innocent verdict was the fair and just outcome to the case. That should be more outrageous to our citizens than failing to indict someone who might be guilty. Unless you have watched a trial and waited the painstaking hours while a jury deliberates your fate only to hear a momentary verdict that may go the right way, you cannot imagine his horror and shame. Who knows if we can ever erase the damage to his reputation and psyche. This is all because your elected State Attorney has chosen to rule his prosecutors from a doctrine of fear to ever drop charges.

For those of us who toil in the foxholes of our county's criminal justice system we recoil at the lack of discretion given our prosecutors. And this is in comparison to other counties next door to us which allow prosecutors discretion. This prosecutor congratulated the jury for a fair and just verdict of innocence. If he truly believed that, shouldn't a seasoned prosecutor who has tried cases and knows the probable outcome of an acquittal have the discretion to avoid that nightmare for an innocent person?

We can never undo the trauma of a crime being committed on a citizen. But our State Attorney should not force a nightmare of life changing accusations and a trial on one who we know is innocent. Just imagine if the jury erred and convicted. Does anyone think the prosecutor would have made those same remarks about the lack of evidence? And an innocent life would have been lost.

This has been the way our county has prosecuted crimes since Mr. Satz's election in 1976. In many instances, a hard line prosecutor is what our citizens want when a case is open and shut for guilt. But to run an office like that in the gray areas of questionable accusations against a chaplain with no criminal history is more outrageous than the evil of letting a guilty person go free. Those of you who have ever been wrongfully accused know the true horror of our system of justice in this county. We should pray for a change as hard as we pray for justice for the true victims of crime.

NFL 2009 WEEK 4

Coming Monday on the Blog: FEAR SATZ!

(Final edition)

We're up 1025 losing only our dolphins under pick. Nice week at 3-1.

We won two out of three picks last week, but lost the big one. Down 400 for the week and 2400 for the year, and we humbly make the following resolutions: 1) Not to bet on the Titans. We're 0-2 on them this year; 2) Not to bet on a game with the Texans. We're 0-3 on those games this year.

3) Leave the Jets and the Jags alone as well. Can't figure them out either. Ionically the Jaguars are hosting the Titans this week, and as much as we are drawn like moths to a flame on that game, we shall leave it be.

That leaves lots of teams for us to get in the black with, including....

The Fins at home! This game is even to Miami +1 and we like the Fins (call it Miami + 1/2) for 500 Hennes. We also like the under 37 1/2 for 250 Parcells. We've thought about this for a while now. The Fins start a QB making his first NFL start. But Henne has sat for an entire NFL season and played through two pre-seasons. He is ready. The Bills on the other hand are the NFL's hard luck story. No team in the past two years has been more devastated by injury and the injury bug continues this year with their starting LB and CB out and their down to their 3rd string left tackle. The Fins are mostly healthy and as we said as the season started there would be two things to keep in mind this year- the Fins would not be as bad as their record and the Chargers would not be as good. The Fins get off the schneid today at a 4 o'clock start at home.

Chargers at Steelers. Tough game to call. The Steelers should break out of their slump soon, but until Polomalu comes back, the Steelers need their offense to win their games, and San Diego can roll with the best of them, so we like the over 42 for 500.

We have an apology of sorts to make. We often call Charger head coach Norv Turner and Cowpokes head coach Vanilla Phillips the two worst coaches in the NFL. We were wrong and we apologize. Eric Mangini of the hapless hopeless Cleveland Clowns is by far the worst coach in the NFL this year, and perhaps the worst in the NFL since "there's no "O" in Joe" Joe Walton of the Jets in the 1990s.

Mangini is horrible. He is not a leader of men, and he is weak in offensive and defensive schemes. He mistakes being tough for getting respect, and he has lost his team, the second team to quit on him in two years. Mangini does not have the talent and coaching ability to be a DB coach in the worst division II college program. It is a joke he is coaching in the pros, and no mistake he is ending his career in Cleveland, who plays the resurgent Bengals today and reminds us of former Bengals coach Sam Wyche's quip when asked about the difference between the two cities during a match-up of these two Ohio teams: "you can live in Cincinnati."

Bucs at Redskins: battle of the busts. Nether team wants to win this game and neither team deserves to win this game. The Skins will probably eek out a home win, but the under 37 is the way to go. 300 Obamas under 37 in DC.

SUICIDE POOL: Sexy Fan went down (pun intended) last week with her bet on those cursed Texans. Everyone else made it through.

Michael Feiler- Giants; Iftikhar Memon-Bungles; David Markus (ignoring our advice) Texans: Miguel De La Over San Fran; Public Pretender-San Fran; Daniel Tibbitt-Texans; Peter Sautter-Da Bears; Dan Lurvey- Giants.

* For those of you raised in a large northeastern city with multiple newspapers with multiple editions, the bulldog edition was the evening edition of the morning paper.

ONLY IN BROWARD

Only in Broward does the SAO hire a former political commissioner as an ASA who turn out to have been an FBI informant! Bob Norman's all over the travails of Sheila Alu here.

The Broward Blog has a nice picture of SA Satz with his head in his hands and the caption "Of all the gin joints, in the all the world, she walks into mine." Very Rumpolian if we do say so ourself.

And don't forget that Alu was the law student watching in horror as Judge Gardiner canoodled with the ASA in a murder/death penalty case before Gardiner as they made fun the grisly pictures in the case. Alu later spilled the beans on that as well.

According to the Broward Blog, they now call Alu a "rat" in the hallowed halls of the Broward SAO, and how ironic is that?

It's the cold and flu season and the NY Times has borrowed a page from the Channel 7 hurricane play book here.

The Bills come to town Sunday and QB Chan Henne has his debut as a starting quarter back in the NFL. Good luck to us.

Have a great weekend. See you Sunday for more worthless football picks, and don't forget the suicide pool.