ELECTION DAY 2014

THE CAPTAIN REPORTS:


UPDATE: RESULTS & ANALYSIS ($$$$$) BELOW .....
As of 7 am this morning, more than 3.1 million voters had already cast their ballots in Florida.  Absentee Ballots received by the election departments' total 1.3 million and an additional 1.8 million showed up during early voting.  Broken down by party, it's 1.33 million Republicans; 1.22 million Dems and 560,000 with NPA.

RETURNS (98% reporting):

County Court Judge:
BOCANEGRA - 179,600 - 42%
SCHWARTZ    - 243,470 - 58%

Does the money spent make a difference?  What do our readers think?  Incumbent Judge Jacqueline Schwartz spent $380,884 on her campaign including $315,000 of her own money.  In comparison, Challenger Frank Bocanegra spent $93,124 including $32,000 of his own money.

COURTHOUSE BOND
YES                 - 165,838 - 36%
NO                  - 293,840 - 64%

NORTH OF THE BORDER
In Broweird, there were two races for Judge; one Circuit and one County.  In the Circuit Court race, Dennis Bailey defeated Rhonda Sokoloff 50.6% - 49.4% (4,300 votes); and in County Court, Incumbent Ian Richards has 177,067 votes to Challenger Claudia Robinson's 178,084.  They are separated by a quarter of a percent triggering a recount in that race.

ELECTION DAY SPECIAL .....

Beginning in 1980 and continuing through 2004, over the course of seven consecutive presidential elections, a Bush and/or a Clinton appeared on the national ticket for President/Vice-President in each election.  The string was finally broken in 2008, when Barack Obama beat out Hillary Rodham Clinton in the Democratic primaries and secured the nomination of his party.  Two years from now, the cycle may repeat itself and we could again be talking about both a Bush and a Clinton on the national tickets of their parties ....

But for now, you'll just have to settle for a Schwartz and a Bocanegra.

Many of you have already cast your votes either by way of Absentee Ballot or by Early Voting.  For those procrastinators who waited until today to vote, the important races, besides the County Court race alluded to above, includes the following matchups:

Governor: (SCOTT WINS 48%-47%)

Does the money spent make a difference?  The final numbers are not yet in, but as of two days ago, here is what we know:

1. This was the most expensive race in gubernatorial history.
2. Scott and his PACs spent $96 million dollars.
3. Scott reported $10m in expenditures in his campaign account; meaning $86m was spent by PACs.
4. By comparison, Crist and his PACs spent $49 million.
5. Crist reported $9m in expenditures in his campaign account; meaning $40m was spent by the PACs supporting him.
6. $114m was spent on TV ads alone by the two parties; (2-1 in favor of Scott's camp).


Will you be voting for the candidate who is or the candidate who was?  The choice is Rick Scott, the Incumbent, versus Charlie Crist, the former Governor, and current challenger.  Of course, if you didn't know that, well then, you must not own a television set.

Attorney General: (BONDI WINS 55%-42%)

Will you be voting for the Incumbent who has spent most of her elected time in office, (not to mention the valuable resources of her legal team), doing everything she can to make sure that gays cannot marry in the State of Florida or will you be supporting her opponent?  The choice is Pam Bondi versus George Sheldon.

Constitutional Amendment One: (PASSED WITH 75%)

AKA The Florida Water and Land Conservation Initiative.  It deals with our natural resources.

Constitutional Amendment Two: (FAILED WITH 57.5%)

AKA The Medical Marijuana Amendment.  Backed and financed by multi-millionaire personal injury attorney John Morgan, this Amendment polled at around 85% for most of the Spring and Summer.  That was until millions of dollars of out of state PAC money coming from a few billionaires like the Koch brothers and casino magnate Sheldon Adelson funded the Drug Free America group attempting to defeat the amendment.  The latest numbers show about 61% support for this amendment; it takes 60% for the measure to pass.

For a more comprehensive analysis of Amendments One and Two, I'll throw it over to Mr. Cheeseburger in Paradise, who does a much better job than I could ever do at explaining these two very important Amendments:

Constitutional Amendment Three: (FAILED WITH 48%)

AKA The Lame Duck Court Packing Amendment.  This amendment was addressed by the Tampa Tribune recently.  They described the amendment as one that was supported by " ... Republican legislators as a solution to a pending crisis on the Florida Supreme Court. Three of seven justices are expected to retire simultaneously in January 2019, just as a new governor could be taking office. But the amendment placed on the Nov. 4 ballot by the Legislature that would give outgoing governors carte blanche to pack the court on their way out the door is unacceptable. Amendment 3 is one more legislative attempt to push partisanship into the court system, and Florida voters should reject it." 

Miami-Dade Ballot

Locally, the most talked about race is not about whom to select for County Court Judge; instead, it's whether to support a $393 million Bond measure which would fund a new Civil Courthouse to be built somewhere in downtown Miami.  Chief Judge Soto and a host of attorneys and judges have been hosting speakeasy type get-togethers to drum up support for the Bond as well as to raise money to finance the advertising campaign.  The current courthouse is something like 200 years old (j/k - it was built in 1925) and has 28 stories and three bathrooms.  The bond, if passed, would increase the millage rate by about 0.09, or $18, for a home valued at $200,000.

If you have not already done so, get out there today and exercise your right to V-O-T-E. 

And because this whole damn election season has brought us nothing more than $90 plus million dollars worth of false and negative ads from both state parties and their funded PACs, we decided to leave you with this heartfelt moving story that took place this past weekend in Cincinnati, Ohio .....  

Why was a Division III woman's basketball game between Mount St. Joseph's and Hiriam College that would normally put 50 fans in the stands instead moved to Xavier University's 10,000 seat basketball's arena; (PS. they sold out the 10,000 tickets in just one hour)? Read the story and watch the video here.



CAPTAIN OUT .......
Captain4Justice@gmail.com

WHY INNOCENT PEOPLE PLEAD GUILTY

NOTE: We took this from DOM's blog. But this is just too damn important to pass up. 

Judge Jed S Rakoff wrote this brilliant piece in the NY Review Of Books. 

How prevalent is the phenomenon of innocent people pleading guilty? The few criminologists who have thus far investigated the phenomenon estimate that the overall rate for convicted felons as a whole is between 2 percent and 8 percent. The size of that range suggests the imperfection of the data; but let us suppose that it is even lower, say, no more than 1 percent. When you recall that, of the 2.2 million Americans in prison, over 2 million are there because of plea bargains, we are then talking about an estimated 20,000 persons, or more, who are in prison for crimes to which they pleaded guilty but did not in fact commit.

Every Judge and Prosecutor should be required to read this. 

More from the article:

One thing that did become quickly apparent, however, was that these guidelines, along with mandatory minimums, were causing the virtual extinction of jury trials in federal criminal cases. Thus, whereas in 1980, 19 percent of all federal defendants went to trial, by 2000 the number had decreased to less than 6 percent and by 2010 to less than 3 percent, where it has remained ever since.

The reason for this is that the guidelines, like the mandatory minimums, provide prosecutors with weapons to bludgeon defendants into effectively coerced plea bargains. In the majority of criminal cases, a defense lawyer only meets her client when or shortly after the client is arrested, so that, at the outset, she is at a considerable informational disadvantage to the prosecutor. If, as is very often the case (despite the constitutional prohibition of “excessive bail”), bail is set so high that the client is detained, the defense lawyer has only modest opportunities, within the limited visiting hours and other arduous restrictions imposed by most jails, to interview her client and find out his version of the facts.

The prosecutor, by contrast, will typically have a full police report, complete with witness interviews and other evidence, shortly followed by grand jury testimony, forensic test reports, and follow-up investigations. 

...

Against this background, the information-deprived defense lawyer, typically within a few days after the arrest, meets with the overconfident prosecutor, who makes clear that, unless the case can be promptly resolved by a plea bargain, he intends to charge the defendant with the most severe offenses he can prove. Indeed, until late last year, federal prosecutors were under orders from a series of attorney generals to charge the defendant with the most serious charges that could be proved—unless, of course, the defendant was willing to enter into a plea bargain. If, however, the defendant wants to plead guilty, the prosecutor will offer him a considerably reduced charge—but only if the plea is agreed to promptly (thus saving the prosecutor valuable resources). Otherwise, he will charge the maximum, and, while he will not close the door to any later plea bargain, it will be to a higher-level offense than the one offered at the outset of the case.

...

Third, and possibly the gravest objection of all, the prosecutor-dictated plea bargain system, by creating such inordinate pressures to enter into plea bargains, appears to have led a significant number of defendants to plead guilty to crimes they never actually committed. For example, of the approximately three hundred people that the Innocence Project and its affiliated lawyers have proven were wrongfully convicted of crimes of rape or murder that they did not in fact commit, at least thirty, or about 10 percent, pleaded guilty to those crimes. Presumably they did so because, even though they were innocent, they faced the likelihood of being convicted of capital offenses and sought to avoid the death penalty, even at the price of life imprisonment. But other publicized cases, arising with disturbing frequency, suggest that this self-protective psychology operates in noncapital cases as well, and recent studies suggest that this is a widespread problem. For example, the National Registry of Exonerations (a joint project of Michigan Law School and Northwestern Law School) records that of 1,428 legally acknowledged exonerations that have occurred since 1989 involving the full range of felony charges, 151 (or, again, about 10 percent) involved false guilty pleas.

...

 Research indicates that young, unintelligent, or risk-averse defendants will often provide false confessions just because they cannot “take the heat” of an interrogation. Although research into false guilty pleas is far less developed, it may be hypothesized that similar pressures, less immediate but more prolonged, may be in effect when a defendant is told, often by his own lawyer, that there is a strong case against him, that his likelihood of acquittal is low, and that he faces a mandatory minimum of five or ten years in prison if convicted and a guidelines range of considerably more—but that, if he acts swiftly, he can get a plea bargain to a lesser offense that will reduce his prison time by many years.

Rumpole says:  Just don't tell us that we have the greatest legal system in the world. We don't. 

See you in court, where we are one of the 3% that goes to trial. 

SHARPSTEIN MEMORIAL

On December 11, 2014, there will be a service in our courthouse to memorialize our colleague Richard Sharpstein, who died earlier this year. There will be a plaque hung on a wall. The expenses for this have admirably been covered by donations by ASAs, the FACDL and the league of prosecutors.

Mark your calendars and attend this event. 

ARRESTED:
There has  been an arrest in the armed robbery of retired Judge Scott Silverman. The Herald/Ovalle article is here. 


Speaking of Miami's ace crime reporter, when you see him this week prowling the hallways of the REGJB, make sure to offer to buy him a cup of coffee and commiserate with him. The Dolphins "nipped" his Chargers Sunday, 37-0. Tough loss. 

Stephen ImMasche and Juan Gonzalez went down in the survivor pool with an ill-fated pick of the 49ers. They had a good nine week run. We are down to 4: Michael Grieco, Plea D, Fake Alex Michaels and Dustin Tischler. 

It's cool outside! Enjoy. 
See you in court. 

NFL WEEK NINE

We're down to the sweet six in the survivor pool this week. The Cowpokes loss last week eliminated Peter Sautter and Survive. 



We went 3-0 on our picks last week (of course) and this week we like the following plays:

Home dog Steelers +1.5 versus the Ravens. 

Home dog Cheaters at home +4 over the Broncos. 

Colts -3 at Giants. 

Browns -6 and under 44 at home against the Bucs. 



PRISON ESCAPE!
Sorry to intrude on your weekend with business, but there was an escape from Dade Correctional Friday. Ronald McCoy, serving two life sentences, is on the lam. Anybody know who represented him? 

McCoy escaped probably around 8 am Friday. The prison wasn't sure he was gone until 1pm, and didn't notify Metro Dade until 5:30 pm. 

Here is the Herald article. 

BOLO: male wearing orange jumpsuit, reported to be a bad speller: has the word "psycho" misspelled on a tattoo on his right arm. 

HAPPY HALLOWEEN

SCARY HALLOWEEN IMAGES

DISCO

Feeling a little bored, maybe a little blue? Then we have just the thing for you. A little smattering of 3rd DCA justice. 

The ABC's of discovery are on full display in M.H. v. State, and Judge Rothenberg and company reach the conclusion that it is a discovery violation most foul when the State lists a "victim" (which every good defense attorney knows should be called "complaining witness") as category B witness. Category B means you won't B taking their depo, and Rothenberg says that is reversible error. 

"ABC
easy as 1-23
simple as do-ri-me-
ABC-123-list your victim as an A and you will A-OK"
(c) Rumpole and Motown Records, 2014. 

WHEN COPS ATTACK -warning- the following video contains graphic and nasty language including multiple uses of the F word. Not surprisingly, Officer Friendly is doing all the cursing. 




Miami Beach cops used to have a reputation for being mean, nasty, abusive, violent, thuggish...oh wait...they still do. 

No truth to the rumor the video will be playing on a loop at MIA welcoming visitors to Miami this winter. 


See You In Court. 

I FEEEEL GOOD......

UPDATE: Joseph Richer was convicted Monday night of second degree murder for shooting a maintenance worker in the back as he fled after Richer produced a gun when police arrived to convict him. Richer was also convicted of attempted first degree murder of a law enforcement officer. 

The last call at Tobacco Road made the NY Times Monday. Here. 

We went three for three on our picks yesterday. Naturally.

Want a nice, quick, fun, mindless read to relax? 
Try the Parker Novels, by Richard Stark. Start with Book One: The Hunter. Fun and easy. 

Judge Maritza Tinkler-Mendez sentenced Andrew Rolle to life in prison for the murder of Detective James Walker. She called the acts "selfish and senseless." (h/t @davidovalle305)

Also on tap, closing arguments before Judge Tinkler-Mendez (the James Brown of Judges? You know, the hardest working judge in the business? ) in the trial of Joseph Richer, a Wyoming Lawyer who shot and killed a worker on South Beach during an eviction. Tammy Forrest for the prosecution, PD Herb Smith for the defense. 

South Florida Lawyers blog has all the latest on the battle for a new civil courthouse. No word on whether the new digs  will come with a locker room for civil counsel to check their egos. What it won't need is a whole lot of jury boxes. Those chumps can't try their way out of a paper bag. Everything settles. 

If the referendum fails, we can see a Judge Soto/Kickstarter campaign in our future. Maybe.  Or maybe a bunch of robed-readers can take to the streets like those kids with football helmets trying to finance a trip to a big game. They can wear their robes, shake a gavel, and their bailiff can collect proceeds. 
Or maybe someone can start a Ponzi-scheme. 


Fall is definitely here. 

See you in court.

NFL WEEK 8 2014

Another travel day, so another terse post, foregoing our witty repartee and analysis for just getting something out:

We're not off the Bengals bandwagon, and we can't pass them up with +2 at home, and the Ravens just aren't as good as their record. 
(WIN)

But the Dolphins on the road at JAX -6 means that we think the Fins are going to ride a little wave here. Their win on the road last week against the Bears shows us they have some moxie. 
(WIN)

The Pack is due for a letdown; Saints -2.5 at home. 

Survivor Pool: 
An investigative committee is closely examining the Dustin Tischler issue. Emails will be posted and the issue will be resolved. Stay tuned. 

RESOLVED: A switch in time saves Tischler this time:


> From: Dustin Tischler <dustintischler@yahoo.com>
> Subject: Re: Pool
> To: "HORACE RUMPOLE" <fbpool12@gmail.com>
> Date: Sunday, October 5, 2014, 10:41 PM
> Hey
> Rump,
> Was
> reading the blog and just realized that I already took
> Packers this year.  If its not too late, I will switch
> my pick to Seattle for Monday night.  
> Thanks Dustin
> Tischler, Esq.Bruck & Tischler, Attorneys
> at Law
> New World Tower100 N. Biscayne
> Blvd.
> Suite 2301
> Miami, FL

LAST CALL TOBACCO ROAD

Tobacco Road, Miami's oldest bar, closes its doors for the last time this Saturday. It's had a good great run.

In simpler times, lawyers and judges met after court and had a few cold ones, and maybe ate a cheeseburger before heading home.  It was a place of good food, good drinks, good live music, and after tomorrow it will be gone. More than a few criminal and civil cases were settled there, and more than a few assignations were consummated. 

Goodbye old friend. 


Here's the thing about winning a trial. It's a great feeling (we should know). But most of the time, despite what we as attorneys think, the case was ripe to be won.  The frustrating thing about trials is that  usually your best work goes unrecognized. As you are crossing the cop and s/he is crumbling on the witness stand,  a bored judge, an overworked prosecutor, and an unappreciative client are the only spectators. But that comes with the territory. And we find it unseemly when a lawyer touts their own victories, much less sending out emails with summaries of supposedly amazing cross. War stories years later are one thing, the "look how great I am" emails are something else. 

Back in our high school glory days, an errant football was thrown and landed in our hands  for an interception, and we galloped into the end zone before a few thousand cheering fans during a championship game. Days later we were still recounting the event for bored teammates when our crusty old coach who in fact did wear a houndstooth hat pulled us aside and growled: "Act like you've been there before son". 

It's good advice. 

EBOLA IN NYC
It's not a new play on Broadway. A doctor who went to Africa to treat patients has tested positive for Ebola. And here's the problem: he was riding the subways for three days before his fever hit. 

That's one of many reasons why we aren't sleeping well these days. 

The weekend is almost here. 

BLINK 182

Ben Bradlee, the charming yet gruff editor of theWashington Post, who found his paper alone reporting arguably the biggest domestic story in US politics, died today at 93. Bradlee's support of his reporters was legendary. He turned the Washington Post from a sleepy third place newspaper, into the premier journalistic enterprise of its time. 

Our favorite story: The twice divorced Bradlee started dating a post reporter who had been sending him anonymous love notes. When he finally learned the name of the reporter and they started dating and the relationship became public, he was asked if would get married for a third time. "When they elect a Polish Pope" was a flippant reply. A year later the improbable happened, and four days after Pope John Paul II was elected, he was married four days later. 


COURT COSTS WILL NOT BE RAISED

FACDL issued a call-to-arms for Tuesday's  Miami Commission meeting, and the commission blinked. The proposed hike in court costs of $75.00 will not be going into effect. 


WHAT IS WRONG WITH THIS AD?

The Judge was (past tense) endorsed by the Herald. 
But such endorsements are ephemeral and once the Herald revoked their endorsement (much like a PVH revocation, but more messy) was the Judge obligated to not send the ad? Or is she within her rights to send the ad, because the Herald did endorse her?


Sorry for the delay in posting this week. A busy travel schedule and a lousy weather in DC has really upended our travel-work schedule. 

See You In Court. 

NFL WEEK 7 2014

With the resurgent Cowboys beating the struggling Seahawks, our survivor pool was considerably thinned, with the loses including both members of the judiciary: Jon Colby (retired) and Miguel De la O (quite active). 

Of more pressing concern is those of you who wish to find some value in todays match-ups. 

It's a tough week. 

We are officially on the Browns bandwagon, although we told you before the season began that the Brownies were the team to watch. Take them (-3) against America's team- the Jacksonville Jaguars and also take the under 45. 

We like the Fish on the road against da Bears +3 and we like the under 48. 

And we like the Giants getting 5 in Dallas because the Cowboys are due to return to mediocrity. 

We will post the survivor pool when everyone's picks are in. But see below about Mr. Tischler's zombie like return from the defeated:




ERRATA:
MR. Tischler was not eliminated last week, as he took the Chargers, and not the Seahawks:

Dustin Tischler	Oct 12 (7 days ago)
to me

Chargers

A CALL TO ARMS

We normally don't do two blog posts in a day.

But this email from FACDL chieftains was forwarded to us, and we took the initiative of posting it.*

On Tuesday, October 21, the Board of County Commissioners will hear and decide on the attached resolution prepared by Commissioner/former Senator Javier Souto.  This resolution aims to impose an additional $75 of court costs on state clients who take a plea for or are convicted at trial of a felony, misdemeanor, or criminal traffic offense.

 

This simply cannot pass.

 

And, of course, we're not talking about $75.  We're talking about an amount added to the hundreds of dollars already imposed on the largely indigent population that are drawn into the court system.

 

We (and our clients) know that racial and social inequality is embedded in our criminal justice system.  We know that minorities are much more likely to be drawn into the despair of the justice system than whites.  African-American males are six times more likely to be sentenced to prison than white males; Latino males, 2 ½ times more likely. We know that although 95% of cases end in pleas, it's not possible that 95% of defendants are guilty.  We know that many clients would often rather take a plea to CTS than stay in jail. 

 

Knowing all these things, and knowing that imposition of expensive and overwhelming court costs for indigent clients does nothing more than perpetuate the inequality by continually thrusting them back into the system, suspending their drivers' licenses, and re-incarcerating many -- we cannot remain silent.

 

The County Commissioners are holding a meeting next Tuesday, October 21 at 9:00 a.m.  If you know one of them, please call, email, or write them to speak against this resolution.  A list of the commissioners is attached.  Or please join me at the meeting.

 

Thank you.

 

 

*Apparently there was a real barn-burner of an FACDL meeting a few weeks ago when this blog and this blogger, we have heard, were personally disparaged (as much as an anonymous blogger can be personally attacked) for posting FACDL list-serv emails which are as secure and sensitive as all NSA emails currently on Wikipedia.

"Loyalty-oaths" were called for. All FACDL members would have to solemnly swear under penalty of perjury that they were loyal Americans, were not now, nor ever have been members of ISIS, have not traveled within the past two months to West Africa, currently do not have a high fever, do not read this blog, are not Rumpole, and in fact despise Rumpole and everything Rumpole stands for, and would not, under penalties yet to be determined, ever forward Rumpole an FACDL list-serv email.

 

There has not, as of yet, been a final determination on this loyalty oath. But we admit to being scared, shaken, chagrined...but not enough to stop posting emails that FACDL members gleefully send us.

 

Have a good weekend.

ON SECOND THOUGHT....

"Sometimes wrong, but never in doubt" was the funny, dismissive comment our wonderful law school property professor would quip when he zeroed in on a first year law student and didn't get the correct answer. 

Perhaps that should be the motto of the Miami Herald as this week they WITHDREW their previous endorsement of embattled County Court Judge Jacqueline Schwartz ("take down that stinkin sign") and endorsed her opponent Frank Bocanegra. 

The Miami Herald withdraws an election recommendation rarely, sometimes reluctantly, when new information leads to reconsideration. And this is the case in the runoff between incumbent Miami-Dade County Judge Jacqueline Schwartz and attorney Frank Bocanegra. In August, the Herald recommended Ms. Schwartz’s re-election because of her experience on the bench. The incumbent drew two opponents for the primary. She and Mr. Bocanegra ended up in a runoff.

Since the primary, the Miami Herald reported an incident at a Coconut Grove convenience store in which the owner said that Ms. Schwartz demanded that he remove an opponent’s oversized campaign sign from the parking lot outside or display hers, too, then cursed at him when he said he could not because he was not the property owner. The story continues that the judge called Miami code enforcement, which made the store owner remove the too-large sign.

This raises sufficient questions about the judge’s demeanor. The individuals interviewed at the convenience store — a cashier corroborated the story in a sworn statement — said they did not know she was a judge when she came in.

Mao said "Political power grows out of the barrel of a gun."

But Mao never had Miami Code Enforcement as a weapon. 

See you in court. 

Read more here: http://www.miamiherald.com/opinion/editorials/article2835897.html#storylink=cpy

ESPIONAGE AND TRAITORS

THURSDAY MORNING UPDATE: The Japanese stock market was hit hard over night, down more than 2%. The German DAX is down 1.5%, the French CAC is down 2.3%, the FTSE 100 is down 1.5% and Greece is down 1.5%. 

The US response to Ebola has been less than sterling, but of course we should keep the Federal Government out of it, close the CDC and let the states handle it (cue cheering for Sarah Palin)  right? Maybe Texas can take the lead. They've been storing Ebola tainted linens in garbage bags bought at Home Depot (new motto: "we help with medical waste too!")

Here's what we know folks: There are two health care workers in Texas who were infected despite the precautions taken. President Obama has canceled two trips this week to stay at the White House to work on this problem. Do we know for sure exactly how this virus is and isn't transmitted? Assume for a moment that Ebola can be transmitted like the flu.  And you think the markets are shaky now? Say good bye to most of the airline and transportation stocks for a while. And the economy as a whole will be hit hard, as travel restrictions and fears hits tourism and business travel and people stop going to Malls and restaurants and movie theaters, and interstate food transportation, and then ......? It gets bad fast.  The CDC announced yesterday that the current rate of new cases in Africa - 1000 a week, will reach 10,000 a week before the end of the year. 

The Russell 2000 is off 11% for the year. The NASDAQ is off 8.6 of it's highs-  any drop of 10% off a yearly high is considered a market heading into a correction, which means the bottom falling out for a while.  Seems like quite an opportune time for the Russians to cause some problem in the Ukraine and the Chinese to stake out some more disputed territory in Asia, and ISIS to renew attacks and then one person slips though our porous borders and drives a car with some toxins and explosives to a crowded hotel or a Mall in DC or Chicago or Boston or NYC and leaves it with the valet and then.....

Meanwhile the Saudis are taking aim at US oil and gas producers by flooding the market with oil. Storage capacity is almost maxed out, the price for oil has been crushed and why does that matter to us? Because the rebound in the economy has been driven by energy and if oil and gas prices keep falling, many of these new US companies who have invested billions in oil recovery technology with the belief that oil at $100 gives them a nice profit close their doors when oil remains under $80, which is now where it is at.  

Of course Ebola could burn out, the market will rally, the Russians and Chinese  will behave and we will all have a Merry Christmas. 

And you wonder why we are up at 4am? 


What is the most (in)famous espionage case prosecuted in the United States?  
Before there was Jonathan Pollard and Robert Hanssen and Aldrich Ames there were Julius and Ethel Rosenberg. 

To understand the Rosenberg case, you need to understand the times. At the end of World War Two the United States was the unquestioned super power as the only nation that had the atomic bomb. The Soviet Union probably had the most powerful army at the end of WWII, but the US had the bomb. That changed by 1950 when the FBI learned that the nuclear facilities at Los Alamos had been compromised. 

This is from the FBI.gov website:

This contact was subsequently identified through FBI investigation as Harry Gold, a Philadelphia chemist. On May 22, 1950, Gold confessed his espionage activity to the FBI.

Investigation of Harry Gold’s admissions led to the identification of David Greenglass, a U.S. Army enlisted man and Soviet agent, who had been assigned by the Army to Los Alamos, New Mexico in 1944 and 1945. Gold stated that he had picked up espionage material from Greenglass during June 1945 on instructions of “John,” his Soviet principal. “John” was subsequently identified as Anatoli Yakovlev, former Soviet vice-consul in New York City, who left the United States in December 1946. Interrogation of Greenglass and his wife, Ruth, resulted in admissions of espionage activity under the instructions of Julius and Ethel Rosenberg, brother-in -law and sister, respectively, of David Greenglass. 

To summarize, David Greenglass was the brother of Ethel Rosenberg. His cooperation and testimony was crucial to the prosecution of his sister and her husband, especially that his sister Ethel had typed the notes he received about the atomic bomb. 

The Rosenbergs were convicted, and despite the public outcry, especially against the execution of Ethel Rosenberg, both were executed on June 19, 1953. 

And that was that. 

Except David Greenglass, who died this past July at the age of 92, lied.  It was Greenglass's wife Ruth who typed the notes, but Greenglass lied to spare his wife and the mother of his two young children. Here is the NY Times Obit. 

Ruth Greenglass

From the Times Obit: 

Mr. Greenglass was under intense pressure. He had not yet been sentenced, and his wife, the mother of his two small children, faced possible prosecution, though her role had been minimal. In federal court in Manhattan in 1951, Mr. Greenglass’s testimony — corroborated by his wife’s — clinched the case against Mr. Rosenberg and implicated Mrs. Rosenberg.

Sam Roberts, a Times editor and reporter, later found Mr. Greenglass and, after a 13-year effort, obtained 50 hours of interviews that led to a book, “The Brother: The Untold Story of the Rosenberg Case.” In the book, Mr. Greenglass admitted that, to spare his wife from prosecution, he had testified that his sister typed his notes. 

He said he had no regrets. “My wife is more important to me than my sister. Or my mother or my father, O.K.? And she was the mother of my children.”

So who apologizes to Ethel Rosenberg and her children? 

Just wondering. 

See You In Court. 

LAST IN LINE

Pity our civil brethren.  When not billing $500/hour to file the same summary judgment motion or response to summary judgment they have filed a hundred times before, they are cooling their heels in the Starbucks next to the courthouse, or at any number of expense-account supported restaurants within walking distance.

We remember back in the 1980's when Burger King sent a food truck outside of our humble courthouse for a few months. It was a big deal.

But the civil courthouse is in dis-repair. There are poles in the middle of courtrooms, creating sight-obstructed views for jurors and participants alike. Termites eat files, and water damage creates mold. Even the vultures are unhappy. Plus the birds that hang out on the courthouse. 

The depressing part of all of this is that before WE get a new courthouse for lowly criminal life and death matters, the mortgage-defense-personal injury-corporate default -crowd will have to get their own courthouse next. Family has a new courthouse, and Juvenile-dependency-delinquincy has a much needed new courthouse right across from the City of Miami Police Department.

Which leaves our own humble courthouse last in line. "Please sir, may we have some more?"

Photo journal v8. 9 16-14 from Justicebuilding


We don't begrudge the civil guys and gals a new courthouse. 

It just galls us to be in line right behind them while they check their I-Phone 6's to make sure their BMW or Porsche Cayenne has been  washed and waxed and is ready to be picked up. 

See You In Court. 

DESPICABLE YOU

Last week Judge Miranda held attorney Herb Walker III in contempt during a closing argument. Here is the order, typos and all ("and is sentences to....) . And FYI, the defendant was found guilty, making it all in all, not a great week for Mr. Walker.





And while we're being critical, should the caption read "State v Walker"? The State isn't bringing charges against Walker, the judge, presumably after a hearing, found Walker in contempt of court. The prosecution is not a party to the proceedings. Correct? 

Not the best way to start the week, but court is closed today so enjoy the holiday. Perhaps we should do a poll on what charity the check should be made out to? 

See You In Court. 

NFL WEEK SIX 2014

The story of the day is the defeat of the Seahawks to the resurgent Cowpokes, and with that defeat, the departure of survivor pool stalwarts Jon Colby, Rick Freedman, Miguel De La Over, and Dustin Tischler. Dore Louis also goes down with a gutsy pick of the Bills at home over the cheaters, and fake Alex Michaels makes his move as a legitimate contender with a gutsy pick of the Browns over the steelers. 

And there is controversy, because the Commish - Michael Grieco and Brian Freedman picked the Bengals who did NOT lose, but also did not win, in a tie with the Panthers. It is our unappealable decision that Mssrs.  Grieco and Freedman are  still alive because this is a survivor pool and the rule is that if you pick a team that loses, you are out, and Freedman and Grieco's  team clearly did not lose. 


Sorry dear blog readers and survivor pool participants. An emergency matter regarding a client has arisen out of state and at the moment we have limited internet access. Such is the life of a sought after attorney. 

Survivor pool participants- get your picks in.  We will post the picks, but probably not before this evening. 

Take the Bengals -7 at home in a bounce back over the Panthers. 
 The Cardinals -6 at home over the Skins.
Under 55.5 Bears at Falcons.

CONTEMPT-ABLE

More than one robed-reader has told us that they are taught in Judicial College that by the time they hold a lawyer in contempt they have already failed and lost control of the courtroom.

David Ovalle tweeted this today:

 

David OvalleVerified account‏@DavidOvalle305

Judge Miranda held Herb Walker in contempt Mon for constantly speaking out of turn, acting unprofessionally, speaking obections. Fine: $250

 

David OvalleVerified account‏@DavidOvalle305

Judge Miranda actually stopped closing arugments, sent jury out and held contempt hearing on Herb Walker right then and there.

 

David OvalleVerified account‏@DavidOvalle305

Final straw: Walker said "this is ridiculous" in front of jury in att murder case, after Judge Miranda sustained objection during closings.

Disclosure: We have no love for Mr. Walker. We didn't like him as a prosecutor. 

And apparently Judge Miranda doesn't like him as a defense attorney. 

NB: Judge Miranda was the same judge that found Alex Michaels in contempt and sentenced him first to two days jail on a Friday afternoon and did not grant him an appeals bond (something the appellate court was disturbed about). 

Just saying that one is an aberration and two is a pattern. 

Williams rule reasoning. 

Letters of support from the

LEAGUE OF PROSECUTORS

have been sent to

the Governor and

Florida's U.S. Senators

for the following

judicial nominees:

For Circuit Court

Jason Dimitris

Ayana Harris

Charles Johnson

Rodolfo Ruiz

Diana Vizcaino

For U.S. District Court

Peter Lopez

See you in court. 

ROLLE CONVICTED

Jurors convicted Andrew "Birdman" Rolle for the first degree murder of Detective James Walker Wednesday afternoon, in a tense re-trial, that saw the jury announce they were hung 6-6, and in which the jury asked to  SEE the video of certain witnesses testifying. The jurors mistakenly thought that the news camera was recording the whole trial.

Congratulations to ASA Abbe Rifkin who fought for justice for the killer of a Miami Dade detective. She persevered through a mistrial and never stopped fighting for what she believed was right.

David Peckins and Stuart Adelstein for the defense. Two very experienced defense attorneys placed in the extremely unenviable position of defending the accused and now convicted murder of a police officer. When no else will step forward and defend the seemingly un-defendable, great lawyers like these two make our constitution and our system work.

Here is Ovalle's story in the Herald.

See you in court.