LOYALTY

Openings  Tuesday in the tragic and contentious case of the murder of Miami Detective James Walker. The defendant Andrew Rolle is represented by David Peckins and Stuart Adelstein. ASA Abby Rifkin laid out the prosecution's case in her opening statement in which she told the jury that Rolle was trying to kill another individual and in fleeing from the scene he mistook Detective Walker's car for his get-away car. When Walker pulled his service firearm, Rolle sprayed his car with an automatic rifle. 
The trial continues this week and probably next week. 


LOYALTY: 
"LE-RUN AWAY" opted out of his contract with your Miami Heat. Of course getting lectured on loyalty by Pat Run-away-Riley was not much of an incentive to stay. Sort of like being lectured by a US Senator on the need to put aside partisan politics. Anyway, hope you enjoyed your little run with the Heat. We can look forward to the four night TBS Special where your favourite superstar keeps us all in multi-night suspense until he announces amid balloons and confetti that he's "taking his talents to" 
Madison Square Garden, LA, Boston, Chicago, Charlotte, etc. Let's see how many loyal Heat fans a 31-51 season brings to the Arena, excluding Judge Colodny of course, who is the real deal. And how about de Cowboys?

A pic tweeted by the Dallas Cowboys yesterday

Speaking of the Senate, JUDGE BETH BLOOM was confirmed Tuesday by your US Senate unanimously to be a United States District Court Judge. There are now two openings on the Circuit Bench. 

U.S. Senate Roll Call Votes 113^th Congress - 2^nd Session

as compiled through Senate LIS by the Senate Bill Clerk under the direction of the Secretary of the Senate

Vote Summary

Question: On the Nomination (Confirmation Beth Bloom, of Florida, to be U.S. District Judge )
Vote Number:	208	Vote Date:	June 24, 2014, 11:46 AM
Required For Majority:	1/2	Vote Result:	Nomination Confirmed
Nomination Number:	PN1398
Nomination Description:	Beth Bloom, of Florida, to be United States District Judge for the Southern District of Florida

Vote Counts:	YEAs	95
	NAYs	0
	Not Voting	5

Here's the thing about being a judge. It's kinda boring isn't it? The work (if you're conscientious) never ends. Every day is the same. We like waking up in the morning and wondering what type of problem a client will bring us. We like the financial rewards, and we like doing cross and opening and closing, and all of the strategizing those events require. Reading jury instructions is boring. Calculating guidelines is for the birds. And don't even get us started on civil court. Motions for summary judgment on bond defaults......zzzzzzzzzzz. 

The Bench? You can have it. We like being where the action is. 

See You In Court. 

F-BOMBS

UPDATE: BLOOM CONFIRMED. Judge Beth Bloom was confirmed by the US Senate Tuesday morning by a vote of 95-0. She joins a now long line of former county court judges who worked their way up to the Federal Bench. Judge Gayles, Judge Moreno, and  Judge Altonaga also make up that distinguished conga line.


Judge Tinkler-Mendez:
Everybody (who is anybody) is talking about the animosity between the defense and the prosecution in the latest murder trial before Judge Tinkler-Mendez. The F word, F bombs, and a few other maledictions are being passed between the parties-outside the presence of the jury. 

Doesn't Judge Tinkler-Mendez try anything other than serious, nasty murder cases? We understand she is back-up, but still, even if you eat steak every night, you want a hamburger once-in- a- while. 

Judge Bloom: See our updated post yesterday, for her status. Cloture was invoked. Next up is the vote on the nomination. Stay tuned.  We will post when the Senate votes. 52nd Street Irving sets the odds at 1-5 in favor of confirmation. 

YOU SAY POTATO - WE SAY POHTAHTOE:
A little geography quiz: 
Name the small island in the Caribbean the US invaded during the Reagan administration to save a group of US medical students from rowdy Communist-Cuban engineers.

Did you say Granada? or Grenada? One is a city in Spain, the other  an island in the Caribbean. 

Dr.  Edward Gamson, a US dentist on holiday in London, booked two tickets for himself and his wife on British Airways for Granada, Spain. BA sent him and his wife to Grenada, in the Caribbean. After apologizing for their mistake, BA  REFUSED to fly Dr. Gamson and his wife to Granada.  A lawsuit (and a ton of bad publicity) is now pending. 

Mark Twain wrote that the difference between the right word and almost the right word is the difference between a lightning bug and lightning. 

See You In Court. 

BLOOM CLOTURE VOTE TONIGHT-CONFIRMATION VOTE TOMORROW

BREAKING: Sometime around 6:30 PM EDST, the senate invoked cloture on the nomination of Judge Bloom. Watching the vote on C-Span (Motto: "The natural sleep remedy") it appeared that the "Yea" vote from Senator Levin put Judge Bloom over the top (51). We erroneously reported (see below) that 60 votes were needed to invoke cloture. While that is true in general for cloture, we forgot that the Senate Democrats (Motto: "Holding on to a majority by a bare thread") previously invoked the "nuclear option" for the President's nominees and reduced the number of votes to invoke cloture from the historic sixty to fifty-one. The nuclear option does not apply to Supreme Court nominees. 
The Senate should vote on the nomination, now that cloture was invoked and there can be no filibuster, sometime tomorrow afternoon or Wednesday at the latest. 

Meanwhile, DOM's blog has the "after" picture with new Federal Judge Gayles and Judge Moreno after the CJ swore him in. 

XMLU.S. Senate Roll Call Votes 113th Congress - 2nd Session as compiled through Senate LIS by the Senate Bill Clerk under the direction of the Secretary of the Senate Vote Summary Question: On the Nomination (Confirmation Darrin P. Gayles, of Florida, to be U.S. District Judge ) Vote Number: 197 Vote Date: June 17, 2014, 11:54 AM Required For Majority: 1/2 Vote Result: Nomination Confirmed Nomination Number: PN1400 Nomination Description: Darrin P. Gayles, of Florida, to be United States District Judge for the Southern District of Florida Vote Counts: YEAs 98 NAYs 0 Not Voting 2

At 5:30 P.M., tonight, the U.S. Senate will vote for cloture.  It takes a three-fifths vote (60 votes) to invoke cloture, which places a time limit on the discussion of the vote. By invoking cloture, there can be no filibuster (literally "talk till you drop"). 

Senator Reid has set the conformation vote for several judicial nominations, including Judge Bloom's, for 11:00 AM Tuesday, meaning that by the end of tomorrow Judge Bloom will have a job for life and there will be another opening on the circuit bench in Miami. 

Good luck Judge Bloom. 

LEFT OR RIGHT?
Here's something that's been on our mind for sometime: 

When you leave the back of the REGJB to perambulate to the PD's office, which way do you go? Left, or right? 

We think that your choice says a lot about who you are. 
For us, it's always been "when in doubt, go left." 
But for others, "right is right." 

Take our poll. 

CORRIGENDUM:* 
We erroneously commented that after the conviction of disgraced former officer German Bosque that Judge De La O did not take him into custody. We were incorrect. After the verdict, Judge De La O set a $50,000.00 bond and house arrest. 
@Davidovalle305 later tweeted that Bosque was taken into custody when a bondsman refused to remain on the bond. 
A check of the Dade Corrections Website over the weekend did not turn up a German Bosque as being in custody, so some bondsman posted the bond (as surprising as that may seem). 

See You In Court. 



* We again save our robed readers the tedium of a google search. A corrigendum is a correction of a previously published article. 

IRAQ, SYRIA, AND IMMIGRATION.

Iraq and Syria are being ripped apart by sectarian violence along the deep fault line of Sunni versus Shiite.  Iraq and Syria are doomed, much like Yugoslavia was ripped apart in the 1980's and 1990's by its internal factions of Croats, Bosnian Serbs, and others. 

The Islamic State in Iraq and Syria ISIS is the best funded terrorist organization in the world. The fall of Mosul, the second largest city in Iraq may have netted ISIS over $400 million dollars from looting the Central Bank of Iraq. With ISIS's goal of killing ever non-Sunni Muslim,  Syria and Iraq can never be pieced back together. A decade and half of violence since 2001 has shown that Sunnis and Shiites will never co-exist. Iraq has been a see-saw of retribution, with one faction exacting revenge when in power. Back and forth it went- Saddam Hussein  led Iraq's minority Sunni population for decades, oppressing Shiites and Kurds. The invasion of Iraq and subsequent election put the Shiites back into power, and revenge was exacted on the Sunnis. Now the Sunnis are fighting back, exacting revenge on Shiites with predictable atrocities. 
Humpty Dumpty had a great fall. 

Americans view the ethnic violence from afar with disgust and superiority. We are, after all, a nation of immigrants. A melting pot. "Give me your tired, your poor, your huddled masses yearning to be free..."

Item: In 2007, Farmers Branch, Texas passed a law requiring all renters of property to prove legal immigration status. 

Item: In 2010 Arizona passed a "Safe Neighborhoods Act" requiring all immigrants to  register within 30 days of entry into the U.S. and carry those papers with them "at all times". Failure to comply was a crime.  Police were authorized to stop any individual  they thought was an immigrant to check their papers. In 2012 the U.S. Supreme Court upheld most of the law. 

"The wretched refuse of your teeming shore, send these homeless, tempest-tost, to me...."

Item: In the wake of Arizona's law, Alabama passed a law requiring children and parents to show immigration papers before children can enroll in school. Alabama also criminalizes most contact between citizens and illegal immigrants. Police are authorized to stop people under suspicion of violating the law and demand that they show papers authorizing their presence in the U.S. 

Item: Civil rights org reports here:
This toxic environment, in which hateful rhetoric targets immigrants while the number of hate crimes against Hispanics and others perceived to be immigrants steadily increases, has caused a heightened sense of fear in communities around the country.

Item: Breitbart reports here:

In a one-hour video called 'Clanging of the Swords IV,' ISIS showcases what it appears to believe is the best the group has to offer to anyone interested in joining: mass executions, vividly documented drive-by shootings, and romantic background music about the greatness of Allah. The video is extremely graphic and difficult to watch...

"I lift my lamp beside the golden door."

THE ROBERTS COURT

THE CAPTAIN REPORTS:

Book of the Week Club ....

‘Uncertain Justice : The Roberts Court and the Constitution’ by Laurence Tribe and Joshua Matz (from the WSJ):

The 2005 Senate Judiciary Committee hearing on the nomination of John Roberts to be chief justice is best remembered for his oft-quoted assertion that “judges are like umpires.” Few remember the line that preceded it: “A certain humility should characterize the judicial role.” 

The Supreme Court will soon complete its ninth term with Roberts at the helm. In “Uncertain Justice,” Harvard Law School professor Laurence Tribe and his former student Joshua Matz find much to analyze and explain in the “wondrous complexity” of the Roberts court. Their well-told story is not one of judicial modesty, however, either for the aspirations of the Roberts court or for its impact on American life. 

http://www.washingtonpost.com/opinions/book-review-uncertain-justice--the-roberts-court-and-the-constitution-by-laurence-tribe-and-joshua-matz/2014/06/20/e403a656-db78-11e3-b745-87d39690c5c0_story.html?wpisrc=nl%5Fpopns

Cap Out ....
Captain4Justice@gmail.com

NEW TIMES HONORS WILLIAM  GELIN AND JAA BROWARD BLOG 

The Broward JAA Blog creator William Gelin  nabbed the prestigious New Times "Best Gadfly" award. 

"Lawyers love to gab. If they're not throwing jurisprudence around at judges or juries, they're talking among themselves. Gossip and rumor, bragging rights and boasts — outside of high school girls, you won't find people who whisper more about their peers than the ladies and gentlemen of the court. William Gelin's light-bulb moment was to put all those courthouse bull sessions online. In 2006, the Oakland Park-based attorney went live with JAA Blog, a website that documents the day-to-day little dramas of the courthouse crowd in Broward. The result — a clearinghouse of info on power players, rounded out with anonymous comments from knowing readers — is a must-read. He airs grievances, blasts judges for poor decisions and early workday exits, and gives props to bailiffs and clerks. 2013 may have been Gelin's banner year."

We're sure the notification of our award is in the mail. 

And finally, an example of Karma: A defendant mistakenly acquitted is killed a few hours later:

A burglary defendant in Fresno who was freed because a jury mistakenly signed a not-guilty form in his trial on Wednesday was killed a few hours later in a fight. After the jury error, the flabbergasted judge said he had no choice but to order Bobby Lee Pearson, 37, released because the verdict had already been put on the record. It was too late when the judge learned that the jury stalled on an 8-to-4 vote in favor of guilt. Changing the verdict form and retrying Mr. Pearson would have exposed him to double jeopardy. After his release, Mr. Pearson went to his sister’s home, where the Fresno police chief, Jerry Dyer, said he got into a fight with her boyfriend, Willie Gray, 35. Mr. Pearson was found dead, and Mr. Gray was arrested.

Enjoy a nice summer weekend. 

THE BELL TOLLS FOR GERMAN BOSQUE

UPDATE: BOSQUE GUILTY AS CHARGED OF WITNESS TAMPERING AND FALSE IMPRISONMENT. NOT GUILTY OF BATTERY. 

David Ovalle's Herald article on the verdict here. 

Closing arguments Thursday afternoon for the most fired cop in Florida: German Bosque, of the Opa Locka Police Department (motto: "join up and beat up a few suspects for fun" ). 

Bosque, who washed out of the police academy twice (twice!) and was fired from multiple police departments beat the bejesus out of a man who showed up at the police station to file a complaint against him. Again, to make sure you understand- Bosque punched a man who was holding a baby in the face. The man later showed up at the police station to file a complain against Bosque.  The dispatcher called Bosque (naturally, it being Opa Locka) and Bosque showed up, and in a display of sterling police work, threw the man's cell phone away, punched him, and handcuffed him. 

Our prediction: it's awfully hard to convict even the dirtiest of police officers. The jury convicts Bosque of Battery. 

We will post again once the verdict is announced. 

THE BEST OF THE BEST

ASA Sally Weintraub is retiring at the end of this month. She's a spry 85. Judge Reemberto Diaz, who had several memorable battles against her when he was a defense attorney, rightly called her "one of the best of the best." 

The Herald's article, written by David Ovalle is here. 
Having had our share of cases with Ms. Weintraub, we echo Judge Diaz's comment: The best of the best.  

Some of the highlights from Ovalle's article: 
Janet Reno recruited Ms. Weintraub in 1979, when she was in her 50's! Most lawyers have an eye on an early retirement at that age. Sally Weintraub started the career that would define her as a lawyer. 
Ms. Weintraub had many accomplishments in her career, which the Herald article recounts. We confine our remarks to her last case: The prosecution of the murderer of young Rilya Wilson. 
Rilya Wilson was a foster child. Her disappearance wasn't  noticed/was covered up- for an astounding fifteen months! She was unwanted, apparently unloved, and the State sadly failed in it's obligation to this child. But Sally Weintraub spoke for her when no one else could or would. She prosecuted her killer. The convictions for kidnapping and child abuse couldn't bring this poor child back, but it gave her a dignity in death that she was deprived of in life: someone cared. 

Our community has been blessed because of Ms. Weintraub. We need more prosecutors like her. Personally, we didn't always agree with how she saw a case. But we always respected her view and her dedication. We wish her well in her retirement; a retirement she earned decades ago, but forfeited to serve the people of Miami. Godspeed Ms. Weintraub. 

JUDGE GAYLES CONFIRMED. 

Judge Darrin Gayles was confirmed by the United States senate (motto "proudly not agreeing on almost anything since 1789, but even more so recently") 98-0 on Tuesday as a United States District Judge. Judge Gayles joins a distinguished group of District Court Judges who started their judicial career in the REGJB as a County Court Judge. From Misdemeanors in 2004 to a lifetime appointment in 10 years. Not bad. Not bad at all. 
(For you history buffs who take umbrage with the date of 1789, the senate was created in the drafting of the Constitution in 1787, but first convened in 1789.) 

Is the Bloom off the Rose? UPDATE: NO!
Judge Beth Bloom was nominated at the same time as Judge Gayles. She and Judge Gayles were voted favourably out of the Senate Judiciary Committee at the same time. And yet Judge Gayles was confirmed, but a vote was not held on Judge Bloom, who in our humble opinion is as equally deserving as Judge Gayles. We (for once) have no answer as to the delay. Can anyone shed some light on this? 
UPDATE: Several alert readers wrote in to inform us that Judge Gayles was included with other judicial nominees for political purposes that relate to private matters. Judge Bloom's nomination is scheduled for an up/down vote with the next batch of Judges. However, not to jinx anyone, but in this current political climate, if Obama sneezes and uses the wrong handkerchief, the right wing of the senate is likely to respond by freezing all his judicial nominees. We hope Judge Bloom gets a vote before the 2014 political season heats up with the mid-term elections.

See you in court. 

WITH A WHIMPER

Let's see...what to write about? Oh yeah.......

And so it ends, not with "1, or 2, or, 3, or 4, or 5, or 6, but 7" as they so boastfully shouted at the beginning, when their world was verdant,  parties celebrating their impending championships were everywhere, and all seemed possible. But then they were beaten at home in the finals by the upstart Dallas Mavericks in 2011, and they sandwiched that loss with this current series loss to the Spurs, finishing with a yawn inducing pedestrian 2-2 record in four NBA Finals. There's nothing special about a team that wins two of four. 

The Spurs are a special team. Five titles in fourteen years, four in twelve, one every three years for a decade and a half. Numbers that the Heat boasted about, but cannot and will not achieve. The Spurs were built and rebuilt by shrewd basketball moves, not pouting superstars who couldn't win on their own. "We're a true team" said Tony Parker after he won his 4th title with Tim Duncan and Parker Ginobili, the obvious reference to the Heat unspoken and unnecessary. A draft-day trade three years ago (not a rant from a spoiled star) brought Kawhi Leonard, who now is all of 22 years old, and was named the series MVP. Boris Diaw, a journeyman reserve joined the team last year. This year he started in the finals. This is not a team of quick fixes where the inmates run the asylum (Carmelo Anthony anyone?). This is a team built on fundamentals and this is a team built to last. With 5 titles in 14 years, the success of the Spur's philosophy speaks for itself.  

"Not a day went by that I didn't think of game six" admitted Spurs coach Gregg Popovich, alluding to the last 30 seconds of the game that saw the championship slip from the Spur's grasp last year. So what did the Spurs do? Throw money at every free agent superstar? Let Tim Duncan draw up game plans and decide who the team would sign? No, the Spurs are a Team, and the coach coaches, the players play, and all they do is win. Five in fourteen years. Four in twelve. A dynasty built on a firm foundation. 

It remains to be seen whether Miami's "tres leeches" (don't email us, we know we spelled it wrong if tres leches is what we wanted to spell, which we didn't) will bring the promised seven titles to this City. Titles guaranteed before one got old, and another was exposed as  average, and a third was and remains a failed television reality show participant ("I've decided to bring my talents to South Beach"); a spectacle of showmanship, lacking the pride, intensity, and integrity that separates champions that endure (Duncan) from spectacles that glitter and fade (insert your heat player here). Ephemeral wisps of braggadocio, backed up by words and fist bumps and high fives, and finger pointing and outlandish celebrations, but not by deeds and titles. 

The Boston Celtics won eleven championships from 1957 to 1969. Michael Jordan led his Bulls to six- three before he retired, and three when he came back. Showtime in LA won four.  The Heat, like any so-so team that puts together a few decent seasons? Two in four. Nothing special. But then again, what did you expect from a team built without character? 

All that glitters is not gold. 

And so it ends, not with a bang, not with seven, but with a whimper, four blow-out losses in five games. A championship series in name only because it wasn't close. The 1927 Yankees versus the 1962 Mets. A champion versus a joke, a pretender exposed. A twisted ankle.  No AC. Heat, cramps, excuses.  The emperor has no clothes, and Miami doesn't have a championship basketball team. 

There will be no ring ceremony to start the 2014-2015 Miami Heat season. There won't be flashing lights, and people dancing in the aisles in the Miami arena. No parades down Biscayne Boulevard in June this year either. June 2014 is marked in Miami by an arena that emptied in the early third quarter, and scattered boos, by fans who were promised more. Lose? It's not allowed for the Heat. Why, if they can't win four of seven then make the series five of eight, or six of nine. Change the rules, do anything, just let us dance with wild abandon in our thousand dollar seats  and celebrate championships and hug strangers and stand in fetid heat on Biscayne Boulevard while our stars drive by in air conditioned limos, because anything less is not fun, and this is Fun-Town USA. 

Oh, and one more thing. 

The era of sellouts and Miami Heat tickets being tough to get is over as well. Because if there is one thing about this town, like their phony basketball team, Miami is a bunch of spoiled, bandwagon jumping fans who have as much loyalty as a Donald Sterling girlfriend. 

Just ask the Dolphins and the Marlins and the Panthers about that. 

See you in court. 

PRACTICE MAKES PERFECT

Being a long time denizen of the REGJB, you gradually acquire a bit of tunnel vision as you perambulate to and from your car to the courthouse. A rooster runs across your path? No problem. A bag of feathers espied perched ominously on a railing? Not your concern. Thus, it apparently took a while before an alert reader emailed us this puzzling sign, posted in by the PDs office. 

Just who has the joie de vivre that must be expressed on 12th Street (or is it 12th avenue? We always get confused)

And why are practice zones needed? 

A mystery begs an answer. 

LOVE AND MARRIAGE

Love and marriage go together like....Judge Cohn and a federal indictment? No, that's not how the song goes. But that's how the feds roll, when they indicted a husband and wife, arrested them almost in their martial bed- in pari delicto as it were- and accused them of marriage fraud/immigration fraud most foul. You see in the good ol' USA you can marry for love or money, but not for citizenship. 

But cupid pulled back his arrow and it landed in the august offices of everyone's favourite federal blogger- David O Markus with a K. And if Mr. Markus is anything, he is a romantic. Quick to leap to the defense of a client,  Mr. Markus was faster than a barefoot jack rabbit on a hot greased griddle in defense of love and marriage. Mr Markus, along with an all-star cast of lawyers- Fred Haddad (sans tie, natch) and Paul Petruzzi- stood firm for love and brought the feds to the eve of trial, where, like a forlorn senior without a date for the prom, they decided to stay home and dismissed their case. 

The Sun Sentinel love sonnet  is here. 

Go hence, to have more talk of these sad things,

some shall be pardoned, and some punished, 

for never was a story of more woe

than this of Juliet and her Romeo. 

Romeo and Juliet, William Shakespeare. Act V, scene III. 

See you in court. Amor Vincit Omnia.*

*For our robed readers, we'll save you the google search: Love Conquers All. 

ANOTHER REMAND FOR DISCHARGE AND LET'S GO ENGLAND!

FRIDAY MORNING UPDATE:
 The ball bounced quietly,  echoes floating up through a cavernous and quietly emptying arena, boos floating where once cheers were heard. People looking at their watches, making uncomfortable gestures, avoiding looking at a scoreboard which marched impatiently and irrevocably towards another blowout defeat of the hometown Miami Heat. Patrons shifted in their seats, stared at their phones, looked anywhere but at the court where the news went from bad to worse. Eventually, (this being Miami) the inability to laugh and cheer raucously with abandon, the lack of high-spirited hi-fives from strangers, got too much; and the "fans" left. A trickle of ants up the arena steps turned into a flood of humanity as early morning meetings, the last days of school, a sick spouse at home, any excuse really, was muttered as people excused themselves from their seats and left the team they professed undying love for (many on the pages of this blog), leaving spoiled millionaires in shorts envying hoi polloi for once, as the terms of their contracts forced them to endure the thumping from their Texas based foes. Although the supposed "best of the best" was noticeably absent (twice), as an urgent bathroom break, presumably accompanied by the now famous cramps, allowed him the peaceful respite from the glare of the cameras, the boos, and the scoreboard. 

I judge the character of a man by the way he handles defeat, not victory. And in this regard, the heat and their fans were decidedly found lacking: "In war: Resolution. In defeat: Defiance; In victory: Magnanimity; In peace: Goodwill."
The Heat and their "fans" showed none of these traits. 

First the 3rd in John Connelly's case (our post is here) and now another shaky murder conviction has been reversed and remanded with instructions that the defendant be discharged. This time the Supremes got into the act as the Florida Supreme Court remanded the case of Dausch v. State with instructions that the defendant, convicted of first degree murder and sentenced to death, be discharged! 

Long time and careful readers will recall our post from a few weeks ago (here)  when Judges Hirsch and Rebull took aim at the battered and beleaguered circumstantial evidence rule. Well, the rule is alive and well:


The circumstantial evidence in this case leaves uncertain Dausch’s hypothesis of innocence and is, therefore, “not adequate to sustain a verdict of guilt.” ...

We do not take lightly the result that will flow from our decision today. We have reviewed the entire record in this case with the utmost seriousness and care. Yet, our comprehensive review of this case leaves us with the inescapable conclusion that the evidence is simply insufficient to conclude, beyond a reasonable doubt, that Dausch was the person responsible for murdering Mobley. At best, the evidence presented by the State creates a suspicion of guilt. Therefore, because we conclude that there is a lack of competent substantial evidence to support Dausch’s convictions, we reverse and vacate both of Dausch’s convictions and sentences. We remand this case to the trial court with instructions that a judgment of acquittal be entered. 
It is so ordered. 



The decision is here for your perusal. 

An enormous Rumpolian WELL DONE, WELL DONE INDEED to Daytona Beach appellate defense attorneys (7th Circuit PDs) Christopher Quarles, Esq., and Nancy Ryan, Esq. 

The World Cup has begun. The lads from England, led by Wayne Rooney on the pitch, in division D,  are whom we are rooting for. 



First match Saturday night: England vs. Italy. 

The weekend approaches: Carpe Vinum. 

JASON MITCHELL GUILTY OF MURDER OF SEAN TAYLOR

WEDNESDAY MORNING UPDATE: Just pondering who got beat worse last night? House Majority Leader Eric Cantor- 56%-44% or the Miami Heat? 
Cantor performed as well as Heat player Mario Chalmers, who had a staggering two points and three turnovers. 
Apparently, the Heat struggled because of concern over the situation in the Ukraine, while Cantor was pounded over his (supposed) position on immigration reform. 

As afternoon approached evening and day slipped into night, so did the life of Jason Mitchell fade into incarcerated oblivion as a Miami jury convicted him of the murder of football star Sean Taylor.  The first degree murder conviction triggers a mandatory life sentence, and Judge Murphy will presumably sentence Mitchell to life in prison either this evening or sometime thereafter.  sentenced Mitchell to life in prison before adjourning court for the day. 

ASAs Reid Ruben and Marie Mato for the prosecution. 

Bob Barrar, who we think may have been appointed as a limited registry attorney, for the defense. If Barrar was appointed as a limited registry attorney, that means he signed a contract in which he agreed to a minimal flat fee (perhaps as low as $2,000) to handle this case regardless of how complicated it was and how long it took to try the case. 
With all due respect to Mr. Barrar, he should not have accepted appointment on a case of this complexity and nature as a limited registry attorney. 


SECRET NOTE:
The jury returned a verdict along with a note to Judge Murphy. The judge cryptically stated that the note was unrelated to the verdict. As of yet, the contents of the note have not been disclosed. 
More information as we receive it. 

Jason Mitchell found  GUILTY of first degree murder of Sean Taylor, even though the evidence clearly indicated that while Mitchell planned the burglary, he did not pull the trigger on the firearm that fired the fatal bullet. 

FORMER OFFICER DERICK KULIAN GUILTY OF RECKLESS DRIVING WITH SERIOUS INJURY

A dade jury acquitted former Miami Beach officer Derick Kulian of DUI- serious bodily injury. However, the jury found Kulian guilty of Reckless Driving serious bodily injury, a third degree felony. 

In a move we greatly disapprove of, Judge Tinkler-Mendez took Officer Kulian into custody after the verdict. 

He was going to run? 

While we greatly respect Judge Tinkler-Mendez, this business of immediately incarcerating defendants after a verdict is just another part of the trial tax that prosecutors seek and judges impose. Motions for new trial, motion for bond pending appeal, and a possible non-prison sentence are all reasons why Mr. Kulian should not have been immediately taken into custody. It's as if the prosecution cannot wait to start punishing a defendant, who based on the results, apparently had good reason to take the case to trial. 

The Herald's David Ovalle has the coverage here, including ASA David Gilbert's criticism of Miami Beach cops who tried to protect their own. Say what you want about the Dade SAO, but don't accuse them of ever buckling under to police pressure. This was a courageous prosecution in the face of less than stellar police work designed to protect one of their own. 


BY SPECIAL REQUEST OF A LOYAL READER:

"A little bit of rhythm and a whole lot of soul"

A very apt description of your favourite blogger. 

IT'S ALL HAPPENING TUESDAY

Tuesday will be a big day in our humble REGJB.

Closing arguments are scheduled in State v. Jason Mitchell, the case involving the tragic murder of Sean Taylor. No inside info, but we expect that Reid Ruben will do one or both of the prosecution's closing arguments (they get rebuttal because before the law changed, they were losing too many trials and the legislature put an end to that by golly). Want to see one of the best trial lawyers in action? Go watch Reid.

Action resumes in State v. Officer Funny Face. The trial has been on a bit of hiatus, as a scheduling issue delayed matters until Tuesday, when a defense witness will testify. The only issue after that is will the defendant, a former police officer and presumably an individual experienced in testifying and cross examination, testify?

Most long time and careful readers know Rumpole's aversion for having a client testify. Indeed in federal court they enhanced the punishment if your client has the temerity to testify. But in state court, for us the issue is that the jury naturally tends to focus exclusively on the client's testimony and all other issues of reasonable doubt are forgotten. If your client does well, you are ahead. If your client stumbles, you are behind. Usually most prosecutors are not experienced in cross examination, as they have spent years at the podium asking "what happened next?" But in this trial, ASA David Gilbert is waiting in the wings, a lion in the tall grass, ready to pounce. Gilbert is as experienced an ASA in the Dade SAO office as they have, and like Reid Ruben, he is a pro and will be prepared.

We do not expect either Messrs. Gilbert or Ruben to not answer the bell in trial because of cramps.

See you in court.

CAUTION

CAUTION: MAY CAUSE CRAMPING. 

LeBron can't play here: 

And he certainly can't do this:

Bikrim Choudhry leading a Bikrim Hot Yoga class. 

But he can go here. 

and here:

THE MAN IN THE AREA

There he is. The man in the arena. Broken but unbowed. Courageously playing a game through pain, obliviously to his discomfort, thinking only of the team. The heroics of it all! The inspiration this will provide to generations to come. One can almost hear the sergeant on some distant, foreign shore, in some future war, rallying his troops, screaming about the great one, playing through pain. 

Somebody give this man a raise! He's earned it. 

THE NUN IN THE ARENA
Speaking of great competitors, this NUN WON Italy's version of The Voice last night, singing a rousing version of "What A Feeling" from the movie Flashdance. 






Oh what a feeling, to rise above adversity. To compete, per chance to win, no matter the odds, no matter the humidity level. 
All of Miami is a better place today, because of the heroics of our hometown champs. 

If you can pull yourself off the couch in what must be a stunned stupor of admiration for that spectacle, go outside and enjoy a beautiful spring like weekend. Monday is always around the corner. 

D-DAY

Seventy years ago today was the day of days. 

When people are asked about meeting a person from history or being at a historical moment they will say things like they want to meet Jesus, or be at his resurrection,  or at Kennedy's inaugural address or at the launch of Apollo 11. 

For us it has always been Normandy, France, June 6, 1944. 

To be a member of the 101st or 82nd Airborne, or the British 6th Airborne division. and see Ike walking the line of young men, their faces black, about to get into airplanes and jump into the night sky over occupied France. 

To come ashore at bloody Omaha Beach or scale the cliffs at Point Du Hoc with the 1st Rangers Battalion. 









To see the greatest armada ever assembled, and watch 100,000 men on the greatest day in the history of the modern world. The invasion of occupied France marked the beginning of the end of the Third Reich. 

But success was far from assured. If the invasion had failed, and it almost did in a hundred different ways, Hitler might have been able to sue for peace on the Western Front, allowing him to concentrate his forces in the east and battle Russia into a standoff somewhere in eastern Europe. The US would have turned its attention to the Pacific and who knows what appetite England and America would have had for another cross channel invasion in 1945 after several years of war? The world might look like a startlingly different place if brave men hadn't fought and died for freedom in places like Ste Mere Eglise, and what is now called the Pegasus Bridge over the Caen canal outside of Benouville, France. 

In his book "The Pegasus Bridge", author Stephen Ambrose argues that fate of the entire invasion hung on the British 6th Airborne's ability to hold the two bridges over the Caen Canal and Orne River. Major John Howard commanded D company of the 2nd Oxfordshire and Buckinghamshire Light Infantry (Ox and Bucks) Brigade. 

Pegasus Bridge and D Company. An elderly Major Howard in the upper right corner. 

D company had the distinction of being the first allied forces to land in Normandy, a few minutes after Midnight on June 6, 1944. They came by glider, and their mission was to capture and hold the two bridges until relieved by additional airborne forces at D-day + 3 hours. If the Germans re-took both bridges, then they could have set up a defensive perimeter with Panzers that would have made it impossible for the 6th Airborne to re-take the bridges.  Colonel Hans Von Luck, commander of the 125th Panzer Grenadier Regiment of the 21st Panzer division later contended that if he had re-taken those bridges, he could have thrown his regiment of tanks into a late D-Day afternoon counterattack that would have made it to Juno and Sword Beaches. 

A Panzer regiment behind the lines on the beaches would have rolled up the entire invasion, destroying all the equipment being unloaded. 

At  about D-day +1:30, or 1:30 in the morning of June 6, 1944, a squad of six Panzers slowly approached the bridge over the river Caen that D company had taken an hour before in a daring raid. D company was no match for German tanks. Sgt. M. C. Thornton had a small, hand-held Piat rifle which shot, when it worked -which was not often, a small anti-tank missile. 
Major Howard placed Sgt. Thornton at a t-junction just before the bridge. The first of six mighty Panzers cautiously approached the bridge. Sgt. Thornton sat quietly, his hands shaking, his heart beating out of his chest, as he watched the tank approach. He would have one shot. He and his entire company had trained for this night-this moment- with a singular purpose for the last two years. If he missed or the gun mis-fired, the Panzer's guns would surely take him out and then the tanks would roll unobstructed across the bridge.  The Piat had a range of 50 yards, but really wasn't effective outside of 20. 
Thornton waited. 

Ambrose speculates, although Thornton couldn't have known it at the time, that the fate of the entire invasion hung in the balance. Failure to destroy the tank would have led to the Germans retaking the bridges. This mission had been given top priority over all other D-day missions. Allied command knew the value of those two bridges. Thornton fired, the tank went up in flames, the other Panzer's retreated, fearing they were facing a superior force. The bridges remained in British hands and Von Luck's Panzers never had the opportunity to drive to the beach and stop the invasion. 

When Ambrose interviewed Sgt. Thornton many years later, Thornton told him not to make him look like a hero, to which Ambrose replied: "I don't make heroes, Sgt., I only write about them." 

There are a thousand such stories on June 6, 1944. The day of days. The most important day in the history of western civilization. 

We would have given anything to be there. We were born a few decades too late. 

Bust and Plaque of Major John Howard in France commemorating his being awarded the Croix de guerre-the War Cross which France awarded tho those who fought for the liberation of France. 

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ROGUES GALLERY

BREAKING : FLORIDA SUPREME COURT DISBARS ANA GARDINER. Speaking of disgraced Broward Judges, Ana Gardiner, who resigned from the bench after being caught canoodling with Broward ASA Howard Scheinberg who was trying a capital case before her, and then lied about it to the JQC, was disbarred today by the Florida Supreme Court. The Bar referee recommended a one year suspension, but the Bar appealed, and the Supreme Court lowered the boom on Gardiner.
The decision is here.


"Considering Gardiner’s dishonest conduct during the trial
and in her subsequent testimony before the JQC and the impact of her actions on the administration of justice in a death penalty case, we conclude that disbarment is the appropriate sanction."


What is the lesson we can all learn from this?
Perhaps we can draw from the tragedy of Hippolytus by Euripides: as we all know, the story begins when Hippolytus refuses to worship Aphrodite. Aphrodite avenges her honor by causing Phaedra-Hippolytus's stepmother- to fall in love with him. When Hippolytus rejects Phaedra, she hangs herself and leaves a note accusing Hippolytus of raping her. Upon reading the note, Hippolytus's father-Theseus, places a curse upon his son, which leads to Hippolytus's death.


Either that, or Judges should not sleep with prosecutors who are currently handling a case before them, and when caught, should not at first lie about it.


Either way, there is a lesson somewhere here.
Personally, we just refuse to handle cases in Broweird. It's tough enough to win a case without trying to get a ruling from the judge against her lover.




This photo was in the Sun Sentinel

Judges Imperato, Pollack, and Rosenthal from L to R

The Headline of the story was "Trust Us." The story is here. 
Notable is that Imperato and Pollack declined all breath and blood tests. Rosenthal blew a 0.0 but refused a blood test after telling the police she was impaired due to Ambien. 

Query: If Judges won't follow the implied consent law, why should anyone else? 

Miami Dade Officer Fernando Villa was convicted of DUI Wednesday. Judge Bill Altfield sentenced him to ten days DCJ starting June 10. This is NOT the officer Funny-Face trial which is still on going before Judge Tinkler-Mendez. 
Officer Villa was found passed out in his police vehicle at a Kendall intersection. 
The Herald article is here. 
Asa's Rebecca Gray and and Alexis Perez for the state.
Ten days jail for a first DUI? 
Seems like a trial tax to us. 

Not a good week so far for law enforcement in Dade County. 

See You In Court. 

OPENINGS AND CLOSINGS

The state opened in the prosecution of Sean Taylor. ASA Marie Mato gave a detailed and very well presented view of the evidence.  Bob Barrar for the defense took the predictable route and blamed the shooter for the crime. 

In the Officer funny face trial, the state rested on Tuesday. 
We are a firm believer in not putting our client on the witness stand. However, when you have an officer, who presumably has testified many times before, the calculus becomes more complicated. 

Best Tweet of the day was from Fake Alex Michaels @draculawyer who wondered if in a regular DUI the tests are called roadsides, were the tests in Officer  Funny-Face called "surfsides" since the DUI occurred on an ATV at the water's edge. 

Don't forget to submit your baked goods in the contest before Judge Brennan Thursday at 11am. 

Dan Marino filed a lawsuit against the NFL in the concussion case. Then he called an audible at the line and changed the play and withdrew the lawsuit. 
Richard Bishop is the name Plaintiff. Bishop was a lineman for the Dolphins AND an REGIB  county court bailiff when he retired. Marino was a QB of some note and renown. 


EX-PD UPSET WITH OUR COVERAGE OF THE JUDGE WHO SLUGGED THE PD






For you old-timers, Gary Nesbitt is an ex-pd and son of long time County Court Judge (and bane of prosecutors) Alfred Nesbitt. 

See you in court. 

OPENING STATEMENTS IN JASON MITCHELL

Jason Mitchell is the second of several defendants to go to trial in the tragic murder of Sean Taylor. Opening statements are today, probably by ASA Marie Mato. The lead prosecutor is Reid Ruben, one of the very best to ever advocate for the state. 

Rumpole says: We don't approve of this business of splitting up a case and having one lawyer do voir dire, then another opening, then the first lawyer closing. The jury should hear one consistent voice in a case.

Meanwhile, the trial of Officer "funny face" continues before Judge Tinkler-Mendez. Openings were Monday. The defense told the jury, "blood alcohol, schlub alcohol" it's all meaningless. Judge him by his actions of cavorting down the beach on and ATV, lights out, high speed, early morning, a babe on the back....wait...well there's always reasonable doubt. 

WHAM! POW!



According to this report, Orlando Judge John Murphy smacked assistant public defender Andrew Weinstock. The two were arguing in the hallway over a speedy trial issue. Duh. 



  If ever there was a case for Alex Michaels.....

See you in court where we never use a trial partner. 





001/bur/109371-STRRDMMIAbeach

DEFENDING BP FROM BIRDS

The best part of the bake off?  "Entries must be submitted anonymously"
We like anonymous. Always have.

There are 90 judges in Broward. Three of them currently have pending criminal cases. 

3 down...87 to go....

Hottest rumor: The latest arrestee:  When Judge Rosenthal, whose real last name is Feig or Feig-Rosenthal- was in custody, her husband made a mad dash for her chambers, only to be denied access. What was in there that he needed? 

Hahvahard Lawh had a graduation the other day. From one of the commencement speeches:

“You will help a cable company acquire a telecom company. You will defend BP from birds. You will spend hours arguing that the wellwater was contaminated before the fracking occurred...People are going to listen to what you say now, whether you’re good or evil…Some of you are evil. That’s just the odds."

Someone named Mindy Kahling made those remarks. She's on some television show or other. Also speaking, Preet Bharara, from the Southern District of New York. 

SOL:
SOL can mean many things. Statute of Limitations for one. When prosecutors charged two models with animal cruelty, the videos depicting the illegal acts were ten years old. The statute had expired.  The prosecution was "SOL" (...out of luck) and forced to nolle prosse (latin for "never mind") the charges. Kudos to Lody Jean for the defense, although our personal sympathies lie with the prosecution on charges like these. 

The prose is verdant, crisp, yet languid in descriptions of scenes so rich, we often feel we are in a corner, watching the events on the page unfurl. Having been captivated by The Goldfinch, we turned to Donna Tartt's first best seller: The Secret History.  She is a writer of incredible depth and strength. 

Another week starts in our REGJB. 

Cases won and lost. Lives restored, lives in despair. 

See you in court.