When you see something that is not right, not fair, find a way to get in the way and cause trouble.
Congressman John Lewis
JUSTICE BUILDING BLOG
WELCOME TO THE OFFICIAL RICHARD E GERSTEIN JUSTICE BUILDING BLOG. THIS BLOG IS DEDICATED TO JUSTICE BUILDING RUMOR, HUMOR, AND A DISCUSSION ABOUT AND BETWEEN THE JUDGES, LAWYERS AND THE DEDICATED SUPPORT STAFF, CLERKS, COURT REPORTERS, AND CORRECTIONAL OFFICERS WHO LABOR IN THE WORLD OF MIAMI'S CRIMINAL JUSTICE. POST YOUR COMMENTS, OR SEND RUMPOLE A PRIVATE EMAIL AT HOWARDROARK21@GMAIL.COM. Winner of the prestigious Cushing Left Anterior Descending Artery Award.
Lets start with the suicide pool, which is setting some kind of record for longevity.
Rick Freedman: Titans; Peter Sautter: Saints; Daniel Tibbitt- Bears.
Good luck guys and send me the winner of MNF and the total points scored broken down by total TDs and total field goals. This could be it.
One big bet last week and one winner. Thank you Giants and thank you Vanilla Phillips for that December Cowpoke swoon. Right on time.
The Dolphinsare getting 3 inJacksonville, and while we like the Fins +3 for 200 Hennes, we really like the under 44 for 500 Parcells.
Eagles at Giants. The line is 44. We loved the under in the first matchup this season, and as usual for this year, we were wrong. The history is these two teams is that there are several tight low scoring games and then one big blow out, which happened earlier this year. The Eagles are clicking , the Giants had a big win last week but their offense is still struggling. Look for a low scoring ground game in cold winter weather. Once burned....but we bravely take the under again. Giants/Eagles under 44 for 500 Osi Umenyioras.
Ever wonder what the rest of the State thinks of our fair city?
Hip South Beach?
Fabulous restaurants?
The new opera house?
Communities filled with hard working families making life a little better for their children?
All true, but that's not how some Floridians view us, especially Judges who work in courthouses north of Miami. If like us, you have had the occasion to travel around the state and represent individuals in other counties, then you know that many judges, prosecutors, police officers and others view Miami as some crime ridden slum exporting drugs, vice, corruption and thuggery throughout the world.
That is certainly the express and avowed view of Palm Beach Circuit Judge Krista Marx who in a recent interview said that "crime is inexorably moving northward from Miami like the red tide."
Marx's prediction for the future of her city? Dim.Eventually, we'll be like Miami-Dade, and that's because we live in paradise and everybody wants to live here -- including criminals."
To the reporter's credit, the article notes:
Really, Palm Beach doesn't have "scary" crime?
Marx herself presided over the Dunbar Village rape trial, which was far "scarier" than anything that's happened in Miami-Dade in a while. And where did that kid who got set on fire by his friends over a video game happen? Oh, Palm Beach County. And where did a high proportion of Madoff victims live? In Palm Beach. Miami may be at number 45 on CQ's press crime rankings, but West Palm Beach wasn't far behind at number 63.
What was the big crime story in Miami this year? The cat killer? Whatever.
The reporter concludes:
The reason Miami and the rest of South Florida has crime is not because, "we live in paradise and everybody wants to live here -- including criminals." It's because we have a shamefully large population living in poverty (most of whom are minorities) that no one, especially the rich who can afford to live in luxury towers or gated communities, really gives a shit about.
Rumpole notes: We've been to Palm Beach. We've driven through its slums and we've seen it's crime. Palm Beach is paradise? Hardly. It's a boring, backwater town inhabited by classless snobs and ignorant oafs, some of whom have apparently made it to the Circuit Bench. We'll take Miami any day with the sincere hope that despite the problems some of our robed readers may have, that our Judiciary will not get infected by the "black robed tide" of ignorant snobs creeping down from northern counties in search of a real and vibrant city to live in.
Check out Broward Blogger and attorney Bill Gelin's great reporting here on the Broward blog on the emerging scandal involving Ft. Lauderdale's Police Chief. One of disgraced attorney Scott Rothstein's friends, one "Moe the Cigar Guy" drove his Bentley into a woman driving a BMW. The crash, in which no one was injured, was somehow serious enough to merit the personal attention of the chief of police, who was on Rothstein's payroll. Luckily for Moe, he somehow was not arrested for DUI.
The Broward Blog gave us a shout out for reporting on PTI for DUIs. Those of you who have ever sought PTI for a client North Of the Border know it is given as often as you see a Monkey in court.
We guess the folks involved in Dade in implementing this should be applauded for their forgiving nature and steadfast belief in rehabilitation and second chances. The problem is that we keep hearing the whole thing has boiled down to how much money a certain "upset" civic organization will get per DUI to approve the program. ("Upset" as in "angry", "ticked off", or...ummm.... "mad" -get it?)
Speaking of Monkeys....
We repay the Broward Blog by reporting on their excellent coverage on perhaps the greatest South Florida Urban Legal Legend Ever (GSFULLE)- The day famed Broward Defense Attorney Kayo Morgan brought his pet money (Smooch) into a Florida Key's Courtroom on a contempt hearing.
For those of you who know Kayo or know of him, you know he is a fearless attorney. A tireless advocate for his client, Kayo backs down from no one, including judges who he thinks are treating him or his client improperly. Thus Kayo found himself in court one day in Plantation impatient to get his hearing over with quickly and return to Smooch, who was diabetic. The Judge felt Kayo was rude bordering on contemptuous and set a hearing for a motion on contempt. And then, in a move that will not long be forgotten, Kayo appeared for his hearing.....with Smooch!
The newspaper accounts have Smooch firmly planted on Kayo's shoulder as he questioned witnesses in his own defense. Kayo tells the Broward Blog here that while he did bring Smooch into court, he originally had Smooch and his secretary waiting in a car outside and when the Judge heard this, he invited Kayo to bring Smootch into court. Despite his apparent cuteness, (Smootch not Kayo) Kayo was found in contempt and sentenced to spend some time behind bars. Thus as Smooch slept comfortably in Kayo's bed that night, Kayo spent the evening in a cage. The case has a happy ending as Kayo's conviction was overturned on appeal.
The Miami Herald coverage is here. The National Enquire coverage (of course they covered it) is here.
Smooch, making a point in court better than many of our adversaries ever have.
FROM:SAM SLOM, ADMINISTRATIVE JUDGE, COUNTY CRIMINAL DIV.
RE:SOUNDING CALENDAR ANNOUNCEMENT
DATE:DECEMBER 1, 2009
The Judges of the Criminal Division of County Court have decided that the only cases that will be set for sounding in the future are DUI cases. It is anticipated that the elimination of sounding calendars on non-DUI cases will begin in January. It is hopeful that the elimination of sounding calendars on non-DUI cases will result in the following benefits:
·Attorneys and defendants will not be required to attend those sounding calendars thereby saving them both time and money.
·Fewer people will be summoned to the courthouse on Wednesdays thus reducing the delay in gaining access to the building as well as to the courtroom.
·It is hopeful that fewer continuances will be sought thereby allowing cases to proceed to trial in a timely manner.
·Judges can utilize that two to three hour period, previously reserved for such soundings, to address motions, reports, or trials.
Naturally, as with any systems change, there will be the need to adjust how certain matters are handled. Examples of such are the following:
Continuances: Should a continuance be needed on a non-DUI case, the party seeking such should contact the judge’s judicial assistant to be placed on the motion calendar. Every attempt should be made to calendar the matter no later than ten days before the trial setting. Judges will grant expedited access to their motion calendar so that this time frame can be honored. Continuances sought on the day of trial will be subjected to strict scrutiny.
Discovery issues: In the event that a party needs to address a discovery issue, that matter should also be calendared no later than ten days prior to trial by contacting the judicial assistant. All parties are expected to exercise due diligence by seeking relief as soon as they should have realized that a discovery issue has arisen. Continuances sought on the day of trial for alleged discovery violations will be closely scrutinized.
The nolle prosequi of cases involving driver’s license issues: Many if not all judges will continue to utilize report calendars that enable defendants to produce a valid license with the hope of obtaining a dismissal of the charge by the Assistant State Attorney. Should defense counsel wish for their client to be placed on the report calendar it is recommended that they indicate such at the arraignment setting. Those not wishing to be placed on the report calendar will need to coordinate with the Assistant State Attorney in the relevant division if they wish to obtain a nolle prosse because of a valid license. The State Attorney’s Office has indicated that they are unlikely to nolle prosse at a trial setting if their witnesses have appeared so it is probably prudent for defense counsel to establish the existence of a valid license at least ten days prior to trial.
There are some additional changes that you will likely notice as we head into the new year:
·Judges will have the flexibility to set as many cases as they wish on their calendars and will no longer be constrained by the current setting cap imposed on such cases. It is hopeful that this will eliminate the need for a DWLS blitz in the future.
·Judges will be able to separate their calendar settings so as to set private lawyer cases, public defender cases and pro se cases at separate times and dates. This will reduce the time that lawyers, defendants and witnesses spend in court as they will only be summoned at a time when that particular type of case is set.
In that we tend to be creatures of habit, we are sometimes resistant to changes that alter the way that we handle matters.We develop a certain comfort level with the status quo and may experience anxiety when change enters the equation. That being said, sometimes change is not only necessary – it proves beneficial.
Naturally, as these new changes are implemented, we may need to tweak a thing or two so that these procedures truly enhance our court operations. If some component proves problematic we will work to remedy that. I will say that the judges are excited about these changes and are quite optimistic that they will prove to be beneficial to the administration of our justice system.
In closing, as we enter the holiday season, on behalf of the judges and their staffs, we hope that this season and the coming year will bring you and your families health, happiness and prosperity.
Imagine if we didn't live in a society where handgun violence was so accepted and where even mentally ill people have no trouble getting guns.
The (CDC) estimated 52,447 deliberate and 23,237 accidental non-fatal gunshot injuries in the United States during 2000. Compare that with a total of just over 58,000 casualties for the entire Vietnam war. It's a war every year on US streets.
It's nice to imagine. Nothing happens, nothing ever gets achieved or created until one person says "hey...Imagine if we could...."
Judge Butchko has granted a defense motion to suppress two tape recordings
in the State's prosecution of Reverend Gaston Smith for allegedly misappropriating $10,000.00 in County grant funds.
The New Times is all over this story. The title links to the New Times article.
Some tidbits from the article:
The judge reserved her harshest comments for Scruggs, a veteran prosecutor who cut his teeth in Miami's U.S. Attorney's Office....
She chastized Scruggs for not immediately notifying Smith's lawyer and State Attorney Katherine Fernandez-Rundle about the recordings.
"The way you handled this disclosure was very unprofessional," Butchko railed. "As soon as you found this out, not only did you need to call them, you needed to draft a letter explaining exactly what happened and the purpose of the tape and the meaning of it, to avoid an appearance of impropriety...That didn't happen."
Butchko even scolded Scruggs for his dealings with Miami New Times staff writer Gus Garcia-Roberts. "I couldn't believe," Butchko said,"you testified in court that you intentionally tried to get around complying with a lawful public records request because you don't like the practice. You can't do that."
Apparently Scruggs had Smith's entire case file on a CD. He could have easily made a copy for Garcia-Roberts. But instead the prosecutor had the reporter unnecessarily sift through boxes of documents.
More from Butchko:
You testified that you had this face-to-face meeting the reporter to avoid, you know, a full disclosure of your boxes, and you directed him as to, I believe, what you thought was relevant. You wanted [Garcia-Roberts] in and out of there as quickly as possible, in my opinion.
Rumpole notes: Of course Mr. Scruggs doesn't believe he has to follow laws he
doesn't like. He used to be a US Attorney. Res Ipsa Loquitor.
Ever wonder what that group of stressed out lawyers were doing running from 6 to 5 to 4 to 2 every Wednesday? They were doing County Court soundings.
The soundings were introduced several years ago and touted as a time and money saving system. "Just give it a chance" they said.
Now they have a new time and money saving system. NO SOUNDINGS. "Just give it a chance" Judge Slom says.
Soundings will no longer happen for any case except DUIs. If you want to get a non-DUI case continued or accept a non-enhanced misdemeanor plea, you will need to take these 11 simple steps.
1) Call The Judge's JA.
2) The JA says "fax a motion."
3) Write and fax the motion.
4) Call the Judge's JA.
5) The JA says "fax a motion." You tell her you did.
6) You re-fax the motion.
7) Call the Judge's JA. Out to lunch. Leave a message.
8) Call the Judge's JA. The Bailiff answers. The JA is out sick. You explain what you want. The bailiff says "fax a motion."
9) Go to Best Buy and buy a new phone because you just smashed yours in frustration.
10) Call the Judge's JA. You glance outside and see it's a blue moon, so the JA answers after only 16 times. The JA sets the motion for two weeks after the trial date before which you are trying to close out your blasted traffic case that you have long since cursed the day you ever agreed to do it as a favor for your sister's cute friend. You tell the JA you need the case set before the trial date. The JA scolds you for waiting until the last minute. You glance at your phone and decide you don't want to go back to Best Buy and you take a deep breath. The JA finally sets the matter the Friday before the trial date.
11) You show up and....you guessed it- not only is the case not on calendar but there is no calendar because the Judge is on vacation and will return Monday.
You see? 11 easy steps in Slom's world after soundings. Have fun you County Court lawyers.
SPEAKING OF DUIs:
We have it on very good authority that PTI will be offered for DUIs under certain conditions- the driver must have provided a breath sample and it must be under a certain number, which may be .14. This is all about money folks. Follow the money. Watch how much the SAO agreed would be paid to various groups so they would endorse this program. The DUI cops who make so much in overtime on these cases are one of the big losers. Query: If PIT and a subsequent nolle prosse will be a standard disposition, how will the state ever seek jail after a conviction on a first offense?
BEN KUEHNE SAYS THANKS
BENEDICT P. KUEHNE In Grateful Appreciation of the Overwhelming Community Support of his Innocence
Invites the Community to his APPRECIATION RECEPTION On the Occasion of his Vindication
Sky lobby Bank of America tower 100 S.E. 2nd Street Miami, Florida 33131 Thursday, December 10, 2009 5:30 p.m. – 7:30 p.m. RSVP to: RSVP@KUEHNELAW DOT COM.
ASA RICHARD SCRUGGS GRILLED ON CROSS.
Richard Scruggs is an ASA and a former Fed.
Defense Attorney Michael Tein is a former Fed now representing a defendant before Judge Butchko.
Scruggs looked bad on the stand. For an allegedly sharp trial lawyer, he has a woeful memory and poor command of the facts of his case, often answering "I don't remember" and "I don't know" during his testimony on what has turned into a Defendant's Motion to Dismiss.
Most former Feds find life as a State Court Prosecutor too tough to handle. They hate the relatively level playing field and are frustrated by the discovery rules that actually allow a defense attorney to question a State Witness before trial.
Current Assistant US Attorney Richard Gregory made a brief appearance as an ASA in the early 1990s. He lost something like two of his first three cases, and promptly beat a hasty retreat back to Federal Court where he had the safety of a case agent sitting right next to him and holding his hand throughout the trial.
In War, resolution. In defeat, defiance. In Victory, magnanimity.
Winston Churchill.
We absolutely love the Giants at home this week against the Cowpokes, and here's why: What we've gotten away from and forgotten is the lesson we have employed to such financial success in seasons past- that teams are rarely as good as they seem or as bad as they appear. Teams tend toward mediocrity. Thus, rather than jumping on bandwagons when teams win one or jumping off a bandwagon when they lose, we should do the opposite. The Cowpokes won last week and the Giants were woeful on Thanksgiving Day at Denver (who looked so good beating the Giants, but we had hopped off their bandwagon when they were spanked by the Steelers a few weeks ago. See how this works? ) Thus the stage is set for the Giants to rebound and the Cowpokes to start their annual December swoon.
The Giants are getting two points at home and that's more than enough. Indeed, eschew the points and take the money line- which is Giants +110, meaning you get 110 for every 100 bet. Giants 1000 Mannings to win 1100.
SUICIDE POOL.
Rick Freedman- Da Bears, Peter Sauter- the Chargers; Dan Tibbitt- Bears.
Battery with a Burger!The story is here. Something tells me the police are the least of this guy's problems. He may just be safer in jail until the french fries cool off.
There's a lot more going on that we need to get to, from changes in County Court to a mistrial in a capital case, but we start with this wonderful piece sent to us by the Honorable Maynard (Skip) Gross about his friend and colleague the late Richard Essen:
Back in the more serene days of the late 1960's where a few lawyers could even be found in the Halls of the REG wearing white suits during the summer, I was an ASA and together with my Division Chief Ellen Morphonios, Mike Hacker and Dick Essen, was assigned to the division presided over by Judge Carling Steadman(sp?). The SAO and the Judge(a former ASA himself) did not enjoy the best of relations in those times and being a prosecutor in his division could often be both tedious and uniquely challenging. The prevailing atmosphere required a brilliant, eloquently-spoken attorneyto step up and present, usually rather quickly, legal arguments to prevent the State's case from being summarily blown out of the water by the Judge. To give you a better picture of the relationship which existed, let me just say that it was the only division I've ever heard about in Miami-Dade County criminal judicial history in which the State would consistently object when the defense would try to waive trial by jury(yes, non-jury trial were quite commonplace in those days of yore.
Dick was one of the finest attorney's I've ever had the pleasure of observing and working with. He was innovative and consistently had to "think outside the box" to avoid what would have become another ignominious loss; he was an invaluable member of Team Morphonios.His voice resonated in that large, historic courtroom on the REG's 4th floor and many times it was only his skills which saved the day. After leaving the SAO Dick handled some significant criminal litigation until he found his calling in the uncharted DUI field. His success there needs no commentary nor embellishment. The talent which came out of that office is reflective of his wealth of knowledge and attention to detail.
His passing is truly a loss to the legal community and he will be missed by those of us who knew and respected him.
UPDATE- TAKE OUR NEW "WHO'S RIGHT" EMAIL POLL NOW!.
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UPDATE: As shocking as this may seem, the Broward County State Attorney's Office has given our blog a "shout-out" in their weekly newsletter, reprinting part of our post on two Broward SAO prosecutor's getting a guilty verdict in the case against Phil Davis. The Newsletter is here.
and we're mentioned on page three. We're honored, I guess. I mean, since we have the FACDL gunning for us (see below) we need friends wherever we can get them, even the apparently nice people at the Broward SAO. (Excuse us for a moment while we go bang our head against the wall for that last sentence.) On with the show:
The evil Big_Firm Empire Lawyers and their henchman Paul "Vader" Cali have struck at Mike "Skywalker" Catalano and his rag-tag band of DUI and criminal lawyers who use various "Listservs" including an FACDL and a DUI one.
Cali fired this missive:
From: Calli, Paul A. [mailto: Sent: Tuesday, December 01, 2009 10:35 AM To: Cc: Descalzo, Marissel Subject: RE: FACDL-Miami FW: Victoria Mendez for CABA President
Mikey - I suppose for the same reason we have to receive your almost daily unbelievably useless emails regarding your thriving traffic ticket practice, and your long rambling self congratulatory email about your trial.
Because youre on the list serv, and members may send around one email like this, as I recall.
Be a little more collegial big shot .
The Evil Empire and their executive board of the FACDL, desperate to hold on to their crumbling email empire struck next with this veiled threat against, among others, this humble blogger!!!
TO OUR MEMBERS: The FACDL Miami Listserv is one of the most valuable tools that we offer our members. It is a means for a wonderful exchange of ideas. (Rumpole edits part of the email and adds "Blah blah blah blah blah...")
While we appreciate that during these exchanges there will be disagreements between lawyers, the Listserv should not be used in an unprofessional manner. ...blah blah blah... . However, all members should remember to be courteous and civil to their fellow colleagues.
Additionally, The Executive Board of FACDL-Miami reminds you that the Listserv is for the exclusive use of members only. The posts shall not be disseminated to other organizations, government attorneys, Judges, blogs, etc. (Rumpole says: BLOGS??? why not? Aren't we the front line of first amendment discourse? Why attack us just because a bunch of big shot lawyers can't keep their pens in their pockets? How much did those big shots bill for those emails attacking Catalano anyway, and who did they bill? Scott Rothstein??)
This should end any further discussion on the subject. (or else!!!!) The Executive Board of FACDL-Miami
Somewhere along the way as Catalano was dodging phaser shots someone wrote something about lawyers having to respond to stay on the FACDL Listserv at which point, lawyers, not wanting to miss any of the hijinks occurring between Catalano and Cali, immediately started sending "keep me in" emails. like this one:
From: adavide Sent: Wednesday, December 02, 2009 3:03 PM To: Roberto R. Pardo; Subject: Re: FACDL-Miami The list
not sure what's going on but please keep me on?
Thus if you're on the Listserv yesterday your in box was flooded with lawyers awakening from their post Thanksgiving slumber desperate to not be excluded from the spectators bleachers of this hoe-down hoot-n-nanny.
(Update: and we forgot- in the middle of it all was a light saber swipe at Catalano from a Listserv user named "Tom Thumb" which generated many emails pondering whether Tom Thumb was a mole infiltrating defense attorney strategizing.)
We felt compelled to publish at least some of the emails in deference to our Robed Readers, some of whom were able to view what was going on and emailed us to give our misbehaving legal brethren equal time with the Judges whose misbegotten emails were splayed across our pages much to everyone's delight.
So to summarize:
Paul Cali yelled at Mike Catalano.
Catalano responded and lawyers started choosing sides. Along the way someone said something about being removed from the Listserv after which a veritable email panic ensued with lawyers bombarding each other with emails desperate to be kept in the loop. The FACDL board took a shot at Rumpole just because they can, and we are thankful on this snowy Sierra Mountain day that we have something fun to blog about.
Wednesday, December 02, 2009
THE CAPTAIN REPORTS:
(Rump, with respect to the Essen family, I post these matters. If you want to hold them off until tomorrow, I certainly understand).
Justice Thomas, Associate Justice of the Supreme Court & The Death Penalty .......
In case you missed it, today marked a new low by Justice Thomas in his rein as an Associate Justice on our highest court. Here is what happened in case you were not awake at 1:34 am.
Tennessee executed Cecil Johnson at 1:34 a.m. today. Johnson had spent nearly 29 years on death row for three murders committed during a robbery of a Nashville convenience store. He was convicted in 1981.
The Supreme Court refused early this morning to hear the last-minute appeal of Johnson. The opinions written by Stevens & Thomas have been described now as a "Death Clash at the High Court". The issue was whether execution after lengthy delay is cruel and unusual punishment under the Eighth Amendment. A high court majority rejected Johnson's application for a stay of execution and his petition for review in which he raised the Eighth Amendment challenge.
Justice John Paul Stevens, joined by Justice Stephen Breyer, dissented, saying Johnson’s situation was “as compelling a case” as he had encountered raising the constitutional concerns that Stevens himself raised in a 1995 dissent from another denial of certiorari: Lackey v. Texas. Besides the constitutional issue, Stevens said Johnson’s case raised two important procedural questions: whether, as in Johnson’s case, the Eighth Amendment challenge can be made as a civil rights claim under Section 1983, and, if it cannot, whether a second habeas petition raising the claim is a successive petition subject to a procedural bar. Treating the claim as a habeas petition—which the lower court here did—only contributes to additional delay, he said.
Stevens said he remained “steadfast” in his view that execution after such delay is unacceptably cruel because it subjects death row inmates to decades of severe, dehumanizing conditions of confinement. Delaying an execution, he added, also does not further the public purposes of retribution and deterrence.
Thomas said Stevens first proposed his “novel” Eighth Amendment argument 14 years ago. Thomas stated, "There was no support for the argument then and there is no support now". Then Thomas goes all "Blackstone" on him, stating:
"There are alternatives to current procedural safeguards .... As Blackstone observed, the principle that punishment should follow the crime as early as possible was expressed in an English statute decreeing that “in case of murder, the judge shall in his sentence direct execution to be performed, on the next day but one after sentence passed.”
Thomas went further: "I have no doubt that such a system would avoid the diminishing justification problem Justice Stevens identifies ...."
Has anyone informed Thomas that, according to the Innocence Project, there have been no less than 245 post conviction DNA exonerations in the United States, 17 of which were people sentenced to DEATH.
============ CAPTAIN OUT .................
(I removed the portion of the post about the changes in County Court procedures because I like to stick to one major topic. I will post the now infamous Slom Memo soon. HR.)
UPDATE: We are learning that famed DUI lawyer Richard Essen passed away Monday. Mr. Essen was a pioneer in establishing a specialized DUI law firm and his firm produced many superb DUI defense attorneys including Bobby Reiff, Jonathan Blecher, top Broward DUI Lawyer Carlos Canet, and (now) Judge Joe Fernandez and many others.
Our favourite federal blogger has the nuances between surrendering versus being arrested in Federal court here. It's worth reading if you care about such things and the congressional committee notes on the subject.
And since it's Wednesday it's time for our highly acclaimed 3rd DCA roundup which has been on hiatus for a few weeks.
Ever wondered what would happen if after a bad night at the Miccosukee casino you got upset and drove your truck into the casino through the doors?
Our hero Leonard Marrero in Marrero v. State, did just that and got charged with criminal mischief. According to the case, the rule in deciding damages for criminal mischief is measured by the cost of repair or replacement. If the state does not prove a value, then a conviction will stand only for the lowest level of the offense- a second degree misdemeanor. However, the court noted that " It has been said that “a trial court may conclude ‘that certain repairs are so self-evident that the fact-finder could conclude based on life experience that the statutory damage threshold has been met."
Thus, when the state introduced the video of poor Leonard driving his truck into the casino, the court could reasonably conclude the damage was in excess of $1,000.00.
Rumpole notes: Out the door goes the long accepted maxim that the state must prove each and every element of the crime beyond a reasonable doubt. So what else is new?
UPDATE:here is the complaint in Scotty boy's case courtesy of the Miami Herald. Judge Cohn gets the case. He could have done a whoooooollllle lot worse in Ft. Lauderdale Federal Court which is a veritable mine field. I was somehow expecting that Judge D would have pulled the case. Just a guess.
UPDATE:YES IT IS.CBS 4 and reporter Jim Defede have reported that Scott Rothstein surrendered to the FBI and was in custody at 7:45 am today.
Various local news outlets including the Miami Herald (motto: "If it's news, we'll get around to it at some point") , The Daily Pulp, and most importantly, the Justice Building's "Captain" are reporting that disgraced Fort Lauderdale Attorney Scott Rothstein will be taken into custody sometime Tuesday afternoon to faces RICO charges (but not driving without shoes).
The Sun Sentinel via Mike Mayo is reporting that Rothstein has said he will NOT turn himself in. Mayo's article is a good read on just how obnoxious Rothstein can be.
Good move there Scotty boy. You stole about a billion bucks, impersonated a
Federal Judge, flew off to Morocco (but did come back which also wasn't the brightest thing to do) and now you're shooting your mouth off and refusing to surrender.
Who is giving you advice, Tiger Woods? (Tiger will be charged with driving without shoes).
The Captain asked people to speculate about bond. Here's Rumpole's predication: NO BOND. Risk of flight (check); Danger to the Community (check); Dumb beyond all measure(double check).
Updates all day as we watch Scotty boy run. And a quick memo to the FBI- check those "orders" Scotty boy may have, supposedly signed by a local Magistrate, a partial copy of which we obtained at considerable expense and reprint for your enjoyment:
"That this court is shocked by the government's contumacious behavior.
That because of the government's misconduct, all police agencies are ordered not to arrest one Scott Rothstein, and if he is arrested, he is to be released forwith.
That due to the government's malfeasance, the US Treasury is directed to released one hundred million dollars forth with to one Scott Rothstein.
That the government, through their misconduct has waived their right to appeal- those who seek equity must have clean socks.
Done and other stuff this day in Ft. Laudedale, Florida....."
(yes, we know Scotty boy misspelled Fort Lauderdale and forthwith)
