THE CURE FOR INSOMNIA

Elder statesman Richard Hersch wrote a small novel on Muldowny. Its under the comments section. When it’s 2AM, and you can’t sleep, long on and read it. Thanks Richard!. If that doesn’t put you out, the Captain has an equally long rant against the Herald.

Readers keep their red hot radar glued to Judge Lindsey (in the absence of any juicy REGJB scandals. Hang in there Judge L…something or someone will replace you.)

A reader Googles for the hell of it:

If one were to "Google" Judge Lindsey one would find that she was the Executive Director of Jeb Bush's specially appointed "Growth Management Study Commission." (I wonder how she got this gig now?). Also, she was a member of the Independent Women's Forum, (www.iwf.org), whose stated mission is to "combat the women-as-victim, pro-big-goverment ideology of radical feminism." Maybe it was this same radical ideology that advocated for women to be judges and lawyers in the earlier part of the last century.

Another Reader witnessed the most infamous denial of a pro-se motion to dismiss since… actually we cannot remember a more infamous denial of a pro- se motion to dismiss.

I was there too. Judge Lindsey did not even understand the argument and just ruled for the state as a knee jerk reaction. Boy did Jeb do us a favor with her appointment. Does anyone LIKE the way she runs her court?

A reader made some money in Judge Lindsey’s courtroom:

Watchin Judge Lindsey make a decision is about as painful as a rectal exam. The other day, it took her 30 mins to make a decision on a basic criminal matter. It was so painful that a group of lawyers created a $1.00 bet as to what her decision would be. When all was said and done, the judge heroically stepped up to the plate and deferred ruling.I left with $5.00 in my pocket!When is she up?


An Alert reader overheard this:

Rump: I heard someone use the term "rule of Lenity" this morning. Uh, oh....

Rumpole replies: Pity the poor lawyer who used that term and now everyone thinks they’re Rumpole. We were North of The Border all day, and now its time to drink. The comment also shows the tremendous power and influence we yield. (See how quickly the alcohol takes effect?).

Captain stirs the electoral pot:

2008
For those of you thinking about mounting campaigns against Lindsey or Arzola, the following County Court judges are up for re-election in 2008:
Rosa Figarola
Jacqueline Schwartz
Nuria Saenz De La Torre
Norma Lindsey
Antonio Arzola
There will also be approximately 34 Circuit Court Judges up for re-election in 2008.Good Luck .............

Rumpole concludes with the thought that Judge Lindsey is new and may very well turn out to be a fine Judge. Perhaps someone who is friends with her could discuss some of these perceived shortcomings?

As we see it (with admittedly limited evidence) all she really needs to do is stop deferring to the prosecution whenever she does not know what to do.

Try 1-800-Call-Sam for the Judge Slom hotline.

See You In Court silently cheering Judge Lindsey on to bigger and better and less state oriented rulings. Try granting a motion every now and then….who knows…you may like it.

POLLS

The new BEST ASA poll is up.

These polls are down with these final results:

ASA'S ONLY

31 (32%) WILL NEVER CONSIDER BEING A DEFENSE ATTORNEY
28 (29%) WOULD CONSIDER BEING A DEFENSE ATTORNEY
20 (21%) ARE LOOKING TO LEAVE NOW
18(19%) BENNETT BRUMMER HERE I COME

HAVE YOU EVER SELECTED A JUROR BASED ON LOOKS

24 (19%) SAID YES AND "HOOKED UP" LATER
0 ARE STILL DATING
13 (10%) PICKED A JUROR FOR LOOKS AND THEIR CLIENT WILL BE OUT IN 10 YEARS
35 (28%) SAID YES BUT NOTING HAPPENED
8 (6%) THOUGHT WE WERE A JERK FOR ASKING THIS OFFENSIVE QUESTION
18(14%) SAID NO...BUT WERE TEMPTED
9 (7%) SAID NO..BUT NOW THAT YOU MENTION IT
18 (14%) SAID NO


WHAT CAN A JA DO?

22 SELL PERFUME FROM CHAMBERS
19 RUN A HALF BAKED CAMPAIGN ON THEIR OWN TIME
27 READ THE BLOG AT WORK
26 PLACE ATTORNEYS ON HOLD FOR 20 MINUTES
17 DRAFT AND SIGN ORDERS
23 CALL ATTORNEYS ON FRIDAY TO START A TRIAL AS A GAG
18 NONE OF THE ABOVE
No percentages because more than 1 answer could be selected.

BOINKED DURING A CASE?

10 OPPOSING COUNSEL
8 A WITNESS
14 YOUR CLIENT
8 THE COURT REPORTER
6 THE CLERK
10 THE JUDGE
1 THE BAILIFF
(BOINKED ALSO INCLUDED ORAL SEX)

Rumpole notes that its rough to be the bailiff.

VOTE EARLY AND OFTEN IN THE BEST ASA POLL


More criticism on Judge Reyes's staff:

A Lawyer squawks:

What's the deal with Judge Reyes' JA? Have you ever tried to set a motion with her. She is rude, doesn't return telephone calls and asks so many questions about the merits of the motion that it makes you feel like invoking the 5th or at least asking for a Miranda warning. For fun, try setting a motion to compel discovery with her. Its more painful then walking on hot coals. Also for grins, try gaining access to Reyes' chambers. The iron maiden known as his JA has set up so many obstacles that it would be easier gaining access to an Iranian nuclear facility than Reyes' office.

JUDGE REYES...you are a nice guy, but explain to your JA that lawyers are not the enemy or medicate her.

Rumpole says, count us in as one of the many lawyers who have had the door slammed in their face by the Iron Maiden of JA's. We are confident that we could schedule a motion to set aside a misdemeanor BW before the US Supreme Court quicker and easier than getting that JA to answer her phones and not be rude to us.

(OK. So we have engaged in a bit of hyperbole. So sue us!. The fact remains that she doesn't answer her phone all the tine, , doesn't call attorneys back, and won't schedule any motion without an order from the almighty directing her to do so-filed in triplicate -with case law attached please.)

See You In Court- Just not Judge Reyes's court because we can't a motion scheduled.

NEW COUNTY COURT JUDGES IN THE CROSS HAIRS

REVENGE IS A DISH BEST SERVED COLD:

Captain said that "Hector Lombana is also the campaign treasurer for two County Court campaigns: Judge Steve Leifman..."That might explain why Lombana was urging candidates to jump races and run against Judge Hernandez. It looks like political playback to Juan D'Arce for having fielded Juan Gonzalez against Judge Leifman


Ivan Hernandez Campaign Machine?

Hernandez is the furthest thing from lazy. You obviously haven't been in his courtroom for awhile. As a matter of fact, when he heard that South Dade cases were being sent to MJB, he told the powers that be to send them back. Those calendars were sent to MJB after the previous judges in South Dade complained about having too much work. When Ivan cranks up the calendars in the morning he usually does not get up from the bench until he is finished.To top it all off, he is a campaigning machine, a veteran of a foreign war, a Cuban-American and well qualified for the position that he holds. I'd put his stats up against any other branch Judge in the county!Go Ivan!


A poor beleaguered attorney North of The Border checks in:

being up here north of the border its so amusing to see all the dissatisfaction with the judges in dade. Up here everyone is happy with our judges so we dont have any controversy


New Judges Draw criticism:

A reader complains:

You should see how Norma Lindsey runs her court. She still has no idea what she is doing and NEVER rules for the defense.Boy will she get an opponent and for good reason.Arzola is almost as bad.Why do we get stuck with these new civil lawyers as judges in Criminal court. They can not do the job in a competent manner.They need to be in branch court.

Another reader witnessed this train wreck:

On Friday, Judge Lindsey had a pro se motion to dismiss in her courtroom. The state was not prepared, as usual. She denied the motion, even though the case law was on the defendant's side. The state did not present a single case to rebut the defendant's argument. The state kept looking at the defendant's material, since they didn't even have the motion or materials themselves. It's nice to know that our state attorney's office is so well prepared to argue these cases. Maybe Kathy Rundle should look into this herself, since obviously Daisy Rodriguez is not. These new prosecutors need to get off their high horse and learn hot to practice law ethically. This is the real world, not law school. Judge Norma Lindsey needs to go soon, as she has no IDEA what she's doing.

Another reader has this to say:

That pro se defendant in Lindsey's court was denied justice because of the judge's incompetence and her bias in favor of the state. He or she must have left the court with a bad taste in his or her mouth believen that no matter what the case law says, justice is rigged in favor of the State.

Rumpole says: Who is the genius who tells the new Judges “if you don’t know what to do, just look to the State for an answer?”
Any of these legal eagles ever hear of the “Rule of Lenity.?”

For you new Judges, we are sure you know what we are talking about, but just in case, here is the rule, as shocking as it may seem to you newbie Judges:

775.021 Rules of construction.
(1) The provisions of this code and offenses defined by other statutes shall be strictly construed; when the language is susceptible of differing constructions, it shall be construed most favorably to the accused.

However, under the Rothenberg Doctrine (TRD) any attorney citing the rule of lenity may be subject to flogging, keelhauling, disbarment, or ridicule by the 3rd DCA.

See you in court citing the rule of lenity.

CAPTAIN MY CAPTAIN

Judge Ivan Fernandez (Circuit Court REGB) writes in. NOTE: This post was anonymous. Many times Judge's email us from their 11thcir email address so we know its them. This is PROBABLY Judge Fernandez, but we cannot be sure:

Hello, this is Ivan Fernandez.
Thank you Rumpole for the compliment, and thank you Captain for trying to keep the "Ivan" identities straight.
I saw a comment from anonymous indicating that I had Juan D'Arce run my campaign in 2002.
The fact is that I paid Juan D'Arce $500.00 to do some campaign work with a number of influential groups in the community.
I also paid a number of other people different amounts of money, some more than $500.00, and some less, to work on the campaign and help get out the vote (designated GOTV on the expenditure report).
My total expenses for that campaign were approximately $64,000.00.
The bulk of the money was spent on advertising.
I hired Susan Fried to manage my campaign, and The Captain is correct when he says that Sky Smith was my treasurer. There were many other people who helped me with the campaign, as volunteers. I hope this clears the air.
Ivan Fernandez

Rumpole says, the air is clear, we think you do a great job and for the 100th time, people should stop confusing you with the county court Judge Hernandez who just got opposition and who employed Mr. D'Arce.


The Captain writes:

CANDIDATE FOR JUDGE ???
In 2004, in a contest for an open Circuit Court seat in Group 40, Dade County voters had to choose between four candidates. The race was between William Thomas, Don Cohn, Josie Velis, and Catherine Parks.In the primary, the voters said:
Thomas - 66,241 - 29.9
Parks - 66,406 - 29.9%
Velis - 51,284 - 23.1%
Cohn - 37,937 - 17.1%

In the runoff:Thomas - 312,884 - 54.9%
Parks - 257,405 - 45.1%

Fast forward to 2006, and with Judge William Thomas on the bench, we see that Velis has filed to run against incumbent Judge Dennis Murphy and Don Cohn has filed to run against incumbent Judge Bonnie Rippingille.So, what say you Catherine Parks, are you next???

Mrs. Parks has been a member of The Florida Bar since 1983. She actually started her career as an R.N. before going to law school at the Univ. of Miami. For the last 23 years she has concentrated her legal degree as a litigator, practicing in the areas of insurance defense, medical malpractice, construction litigation, mass tort claims, product liability, real estate, and appellate matters. In the 2004 campaign, she raised $42,276 and added $84,000 of her own money to the contest.We will be watching closely to see if Parks becomes the last of the 2004 Group 40 losers to try once again to convince the voters of Dade County that they have the right stuff to be a Judge.

and the Captain has spoken .....

And the Captain speaks again:

SCOOP SHMOOP:

IT'S OFFICIAL:ROBIN W. FABER is a candidate in Group 4 of the Dade County Court having filed yesterday to run against incumbent Judge Ivan Hernandez.

Mr. Faber has been a member of The Florida Bar since 1983 and has spent most of his career with the Dade County Public Defender's Office. He was also in private practice at one point in his career. He is presently a Senior Attorney in the Juvenile Division of the Miami-Dade County Public Defender's Office handling both a regular caseload and assigned to the Juvenile Drug Court. He is presently a member of the Executive Board of the Eleventh Circuit Juvenile Justice Board, serves on several boards of programs impacting juveniles in Miami-Dade County, and regularly lectures at legal seminars, schools and community groups on behalf of juvenile delinquency issues.

His opponent, Ivan Hernandez, reports a total of $4,900 in contributions. Interestingly, he has a total of $2,850 from 14 attorneys and an additional $2,050 from 8 separate bonding companies. (some of you may remember that being an issue with Judge Slom and his campaign).

On a separate note, Hector Lombana is currently a member of the 3rd DCA JNC having been appointed to that position by Gov. Bush.

This Captain thinks that Robin Faber will give Judge Hernandez a run for his money and that we could be calling him Judge Faber come next January.

ADDENDUM:Hector Lombana is also the campaign treasurer for two County Court campaigns: Judge Steve Leifman and Judge Bonnie Rippingille and one Circuit Court campaign: Judge Ellen Sue Venzer.

Rumpole says: Lets not forget Judge Hernandez's acumen in choosing his support staff.

A reader has a bright idea:

How 'bout the most useless State Attorney poll. Here is a starter list:Don "I don't got your back" HornKristy Bettendorf a.k.a. "The puzzlenator"Howard "got some popcorn and a "movie"" PohlLorna "run around the block" Soloman -- She does marathonsor...any career criminal division chief a.k.a. "No, we won't waive PRRP unless it is being prosecuted by a CC attorney"

A reader says:

Best ASA Poll:

Best ASA? I nominate Judge David Miller.

Rump sez: you want him? You got it!.


A reader gets write to the point:

Judge Firtel is a good man

Rumpole adds.. and a good Judge.

One Sad Note: Many of you know about the courageous battle Judge Stan Blake's brother has fought for almost 25 years against kidney disease. Judge Blake even gave his brother one of his kidney's a few years ago. We are sad to report that Judge Blake's brother passed away yesterday. You can send condolence cards to Stan at his chambers in the Justice Building.

63 comments since last night on the previous post. Gotta go read our email. (Your posts get emailed to us.)
See You In Court.

JA TROUBLE BRINGS OPPONENT TO CAMPAIGN

To quote Tom Cruise in A Few Good Men: “And the hits just keep on coming.”

JA D’ARCE BRINGS SCANDAL TO CHAMBERS…AND JUDGE HERNANDEZ GETS OPPONENT.

(one quick aside. No one should confuse County Court Judge Ivan Hernandez with Circuit Judge Ivan Fernandez. This whole JA mess is with county court Judge Ivan Hernandez. Circuit Court Judge Fernandez who sits at REGJB has no problems and is a great judge and we know he shudders every time this mess rears its ugly head and people think its him. Its not. )


A reader scoops the Captain:

Here's a scoop-Robin Faber (Former PD) filed against "D'Arce's judge"-interesting....

Rumpole wants to know if anyone can verify this. Also reported, JA D’Arce on “administrative leave” as the SAO sharpens its knives in the criminal investigation.
If Hernandez does have opposition any bets on whether he hires his popular JA to run his campaign?


A reader is puzzled:

How does Hector Lumbada serve on the JNC, work as a Campaign Treasurer and hassle candidates to run on other seats? I been told by a reliable source that Hector the Garbage Collector is calling different candidates and more than urging them to jump to other seats. Of course this is allegedly and as such seen unethical. Does anyone see a conflict. Bush, did you appoint this moron? Seems like a conspiracy to me. He most be getting some favorable rulings I hope. Does anyone know more on this piece or work? Rump, who is this guy?

Rumpole says: leave the name calling (Hector the garbage collector) to us. You are treading on our territory, so watch it! (Just kidding-nice label). Rumpole does not admit to knowing or not knowing anyone, but if other candidates have similar stories, we’d sure like to hear about it, as it seems every Miami Herald reporter reads our humble blog.

And this alert reader did a little math:

Robin=Funny

Election=Slaughter at the Polls

History=Lesson

Conclusion=How to waste your monies

See You On The Campaign Trail.

The Judge Young Comment Examined

A reader wrote this about the comment on Judge Young:

You're right Rump. The accusation against Young was out of line and stupid. And, totally devoid of any kind of factual basis. That's why you should have censored it. For the life of me, I can't understand why you would censor a personal insult but allow an stupid, baseless accusation against a judge's professionalism to stand. Your censorship policy makes no sense.

Rumpole shouts:
For the 100th time, we DO NOT HAVE A CENSORSHIP POLICY.

A reader gives another opinion:

The accusation against Young should no more be censored than The Communist Manifesto, Mein Kampf or other such drivel should be banned from bookstores. This comment, and others like it, should be posted so the majority of us who actuall USE our brain and have the ability to formulate an intelligent thought can show our disgust. Sunlight is the best antibiotic.


Rumpole says: the comment on Judge Young was our hardest call. 1) We know Judge Young and like and respect him. 2) If as the first reader above wrote, that we should have removed the post because it was “stupid” then that creates the rule that we remove “stupid” posts. And who decides what’s stupid? We do. There is no way out of that box. The only solution we arrived at that we felt comfortable with was, as we said, to shine light on that moron’s dumb beliefs. Trust us, we did not feel at all comfortable about letting that post stay up. It was a stupid comment about a wonderful Judge. We are not editors of community standards. We have a few simple rules. As dumb as the post was, it did not violate those rules, so it stayed up. Nobody in their right mind believes Judge Young acts in the manner the post suggested.

How can so many people be so ignorant and yet have a license to practice law?

See You In Court.

ALL POLITICS ARE LOCAL

A reader wrote:

Cathy Parks resigned from Fowler White today. Rumor is that she's going to run against someone.

Rumpole says, who cares? Attorneys resign all the time. Nixon was an attorney and he resigned and look where it got him.


A READER NORTH OF THE BORDER FIRES A SHOT IN OUR DIRECTION

Unlike down south in the banana republic, we like our judges up here and believe in a nice old boy system of keeping them in so that we don’t have a revolving door for judges like you have down there in the Republic

Rumpole responds: You poor unimaginative, beaten up excuse for an attorney. Practicing North of the Border has damaged your brain if the best thing you can call us is a Banana Republic. We have been called worse names by better people than you. Go back to your immigrant hunting, English language only loving (Miami disposed of that issue in the 70’s) tyrants in black robes and beg for top of the guidelines. We may have a revolving door judiciary, but soon, at least all of them will be named Gonzalez or Rodriguez, so there!


MEMO TO JUDGE ISRAEL REYES

Please inform your bailiff 1) This is the United States of America and courtrooms are open to the public 2) If a person is summoned to court they will not have a subpoena, but a “notice of court appearance."

What happens in Judge Reyes' courtroom is that right before calendar, his eager beaver bailiff comes charging in and starts asking everyone to produce their “subpoena for court.” Well, unless they’re a witness, they won’t have a subpoena. But why get technical with a legal genius like the bailiff?

Memo to the bailiff: We know you have a tough job. We know its kinda fun to order people around. But your courtroom is really our courtroom. “Our” being the citizens of Dade County and the United States of America. Yes, those same defendants and their families that you like to order around and toss out own that courtroom and have every right to be in that courtroom despite your best efforts to make them feel they are doing something wrong and need your permission to breathe in that courtroom.

Listen Mr. Bailiff, most people in court are scared to death. Not that they should be scared of your Judge, as he is one of the best and fairest around. But the nature of the business is that people are scared. And if they bring their wife, mother, friend for support, it really does not speak well of you or your Judge to throw them out. Plus, we are not quite certain it is legal.

Just a word to the wise. But then, who are we to tell you what to do?


WHO DA MAN?
YOU DA MAN!
HOW CAN I POSSIBLY BE DA MAN IF YOU DA MAN?

A reader writes in about a judicial candidate:

Don Cohn is the MAN. He's very experienced and is a wonderful trial attorney and a nice person, as well. Demeanor is great, too. He can definitely beat a judge with a name like Rippengill, as in rip your heart out.


A reader looks into a crystal ball and sees trouble in the Hague:

Looking at that list of judges there are a few judges without opposition that look like easy targets. Judge Hague is the next most vulnerable judge. He is at branch court with little visibility. He is pro state oriented. The best reason to go after him is that he is broke. He has no or very little money. he cant run a campaign. Invest 25k and for the next 6 yrs you get 130k not bad. Where else can you get a return like that?

Rumpole says, umm...we don't think Judge Hague will be that much of a pushover and we don't think he is as poor as you think he is.

A reader peruses appellate decisions:

Looks like Bobby Reiff and Mills Francis got spanked on Higgins.The Eleventh Circuit flat out slammed them and pointed to the "inexplicable" fact the written order seemed to reflect little of the actual hearings themselves ("Hi Bobby, motion granted, got an pre-drafted order for me to sign? It will look great in the Florida Law Weekly.").There's no right to refuse roadsides and Fourth Amendment coercion arguments are nonsense.Suffice to say, a ridiculous issue has been put to rest.

Rumpole responds: Who has time to read appellate decisions when you can read the blog? Who do you think you are anyway? David O Markus?

We don’t really do DUI cases, but it has always amazed us that when the police want to talk to a suspect in a murder case, they have to read them Miranda. But when an officer wants a client to do roadsides, he doesn’t have to read them anything. As if the person being asked to perform roadsides is free to leave. Doesn’t really make sense beyond the power of MADD to influence Judges.

MULDOWNY MULDOWNY, OUR KINGDOM FOR A MULDOWNY.
Any DUI hot shots want to give us an update?


YOU LOVE US, YOU HATE US, YOU CAN’T LIVE WITHOUT US:

A reader writes on The Rothenberg Doctrine (TRD)

that TRD (pronounced "terd) thing was long and annoying. Other than that, it was the most truthful and well-written thing I've ever read on this blog.

Rumpole says, thanks…we think.


AND THE ACADEMY AWARD GOES TO…..

Some readers came up with a suggestion on voting for the best ASA. So far Charlie Johnson is the winner, but this is good fodder for a poll. So Charlie gets the poll position on the poll so to speak. But any good poll on the SAO is not worth its weight in salt unless it pokes fun at everyone’s favorites sunny guy, Abe Laser. So Mr. Laser makes the poll as well. Post a couple of more names and we will put the poll up. If this is a serious poll, we also suggest David Gilbert, Reid Ruben should be included.

See You In Court glaring at Judge Reyes's bailiff.

SHOCKING

This comment was just too funny to ignore. A Judge from Tampa wrote in remembering her friend the Late Judge Leyte-Vidal. Her first name was “Dee Dee.” A reader wrote:

Judge Dee Dee,
Your name makes you lose credibility.
If you plan to come to Miami, you should change it.
Sincerely,Jose Jose


Another Miami Herald reporter turns his lonely eyes to the blog for assistance.

Hey there. I'm a Miami Herald reporter named Chuck Rabin looking for anyone who might have witnessed some guy named Thomas Minks who this morning allegedly stole a mercedes to make it to a court hearing. The car had LoJack. Cops followed it and busted him in the parking lot. The guy is eventually tasered as he tries to get away. Is there any way you can post this on your blog? Would be appreciated.

Here is Jimmy Olsen’s email address: CRabin@miamiherald.com

Rumpole responds that the only thing worse than stealing a car to get to court is jumping the line to get into the courthouse. Forget about the cops tasering you, our clients will beat you to a bloody pulp. And then steal your car.


THEY'VE GONE CRAZY

We are sad to report that the Massachusetts Supreme Court has lost their collective minds. A defense of temporary insanity is in order.
The NY Times reported today (Sunday) that in a 4-3 decision the Massachusetts Supreme Court has ruled that the prosecution can now compel the defense in a criminal case to provide all impeachment material prior to the start of the case.
This includes impeachment evidence on witnesses.

This is Massachusetts, home of Ted Kennedy, John Kerry, the late Paul Tsongas. The last bastion of liberal thought in America outside of San Francisco, Woodstock, New York, and Boulder, Colorado.

This is Massachusetts State court, not Federal Court.
[common scene in federal court:
Defense Attorney: “we enter a plea of not guilty and request discovery.”
Clerk: “The defense has entered a plea of not guilty.”
Magistrate: “Take counsel into custody.” ]

We see this decision as the thin edge of a larger wedge known in certain parts of Dade County as “The Rothenberg Doctrine.” [TRD]

TRD stands for the legal proposition that if there is smoke, there is fire.

Here are the basic tenets of TRD:

1) Police do not make mistakes.
2) Prosecutors will screen out the one innocent defendant arrested every twenty to thirty years.
3) Because of rules 1 & 2 defense attorneys are burdensome nuisances in the criminal justice system to the extent they do not seek a plea in the middle of the guidelines.
4) Because of Rule 3, all trial court decisions and appellate decisions in criminal law should be based on Rules 1 and 2.

Certain corollaries exist in TRD.

a) The fourth amendment is pliable. While all searches not based on probable cause are unconstitutional, any search that turns up evidence, is a priori, constitutional, since only a search based on probable cause would find evidence.
Or put another way, the ends justify the means.

b) The fifth amendment is rigid. Once certain magical words are quickly chanted, any statements are admissible. Custodial interrogation begins only after a confession is given, providing evidence to arrest. All confessions are the product of non-custodial interrogation, since the police only arrest people once they have evidence. (See Rule 1).

c) The sixth amendment right to counsel arises only at arraignment or any other time when the right would not interfere with the work done by police and prosecutors. (See Rules 1 & 2).


The Massachusetts Supreme Court decision is a product of Rule 4.

Note that if you read the NY Times article, many people praise the decision saying that it will allow the prosecution to screen cases prior to trial and make better plea offers or dismiss the case entirely. These are people who have been thoroughly indoctrinated with TRD, especially Rule 2.


One Other case caught our attention.

FED INDICTED.

http://www.washingtonpost.com/wpdyn
/content/article/2006/03/29/AR2006032901583.html

The Washington Post reported (see above link) that a former federal prosecutor has been indicted for obstruction of justice relating to his prosecution of a terrorist case in Detroit.

In a prosecution that began with Attorney General Ashcroft calling it "the most important prosecution since 9/11," and ending with the embarrassing truth that the Arab Americans indicted were clearly innocent, the legal behemoth known as the Justice Department, has decided to eat one of its young.

We don’t know if this prosecution is good or too scary. Caught with their hand in the “innocent cookie jar” the Justice Department, who wound this toy solider in the war on terrorism up and then sent him to court, is now like the police captain in Casablanca: “I am shocked, shocked, to find gambling is going on here. (here are your winnings sir.) “

“We are shocked, shocked, to find out that one of our own prosecutors would prosecute an innocent group of people.” (See Rules 1 & 2).

Here is an excerpt from the Washington Post Article.

A former federal prosecutor and a State Department security officer were indicted yesterday on charges that they lied during a bungled terrorism trial in Detroit and then sought to cover up their deceptions once the case began to fall apart.

Former assistant U.S. attorney Richard G. Convertino, 45, and State Department special agent Harry R. Smith III, 49, were charged with conspiracy, obstruction of justice and making false statements in connection with the 2003 prosecution, according to an indictment handed up by a federal grand jury in Detroit.

The charges mark the latest embarrassment for the government in a case that was once hailed by former attorney general John D. Ashcroft as one of the most important terrorism prosecutions since the Sept. 11, 2001, attacks. It disintegrated after a federal judge ordered an investigation of Convertino's conduct.

Legal experts said yesterday that an indictment of a prosecutor for improper conduct in a federal courtroom is extraordinarily rare, if not unprecedented, in modern times.
"The charge is essentially that he prosecuted too aggressively and crossed the line," said Stephen Gillers, a New York University law professor who specializes in legal ethics. "This is simply astonishing.”

See You In Court where nothing shocks, shocks, us.

BLESS ME...FOR I HAVE CONFESSED

Confession is good for the soul.

In a small windowless jail cell, a defense attorney leans over and talks quietly to his sobbing client.

Dirty icy air is blasted from musty old vents jutting from a mildewed ceiling.

The smell of new floor wax and disinfectant mix with the smell of sweat and fear. The client wipes away his tears and grabs his attorneys hands and burys his face in them.

"Bless me....for I have confessed. "


“Tell me, my client.”

“Two nights ago, at 2:00 am three detectives came to my apartment and held a gun to me and my wife. Then they asked me to come to the police station with them.”

“They asked you?”

“Well, they said if I didn’t go voluntarily, they would arrest my wife as well and take our daughter to CFS. “

“So you went with them?””Of course I did.”

“Tell me more, my client.”

“Well, then they took me to this small room and one cop punched me in my stomach and told me to sit down. Then another cop came in and saw me on the floor and asked what happened. I told him that his partner hit me and he apologized and went to get me a soda.”

“What happened next?”

“The cop who hit me came in and kicked the leg out from my chair and I fell on the floor. Then he got down on the floor and whispered in my ear that if I didn’t say exactly what he wanted, he was going to put me in jail and then go back to my apartment to give the same treatment to my wife. Then the other cop came in with the soda and put me back in the chair.”

“And then what happened?”

“They told me about a shooting, and said I had been identified as the shooter. The bad cop kept telling me what the guy who had been shot looked like, and where the shooting occurred. The good cop kept asking me to repeat it and he was taking notes. Then after an hour the good cop asked me to repeat the whole story while he turned on the tape recorder. “

“Did you confess to the crime, my client?”

"Well before I said anything I asked them what would happen to me. The good cop said that since I didn’t have any priors it shouldn’t be too bad. The bad cop told me to just say what happened or I was going to jail. So I confessed to shooting some guy I don’t even know.”

“Did anyone tell you anything about something called 10-20-life.?”

“No, is that important?”

__________________

This past week, while we were otherwise occupied the blog took off on one of its own tangents as attorneys debated the merits of taped confessions.

The Innocence Project (go here: http://www.innocenceproject.org/causes/falseconfessions.php

has this to say about false confessions:

Even absent those factors, adults also give false confessions due to a variety of factors like the length of interrogation, exhaustion, or a belief that they can be released after confessing and prove their innocence afterward. Though law enforcement must at times employ tactics to extract the truth from uncooperative suspects, police officers, convinced of a suspect's guilt, may occasionally use interrogation tactics so persuasive that an innocent person feels compelled to confess to a crime. In convincing the suspect that the evidence against him is overwhelming, law enforcement may push an innocent suspect to the point where he believes that his fate is sealed with or without a confession. The suspect realizes the injustice inherent in the situation but decides to cooperate, resigned to the notion that a confession will be more beneficial than continuing to claim innocence. The perceived benefits of a false confession may include protection of family members, a more lenient sentence or avoidance of capital punishment, promised deferential treatment by the police or prosecutors, or, in extreme circumstances, avoidance or cessation of physical harm or discomfort. Another inducement to confess may be permission to leave the interrogation room itself, as it is often implied that a suspect is not actually allowed to leave the room until a confession is produced.


There is one way to begin to deal with the problems of false confessions.
If Prosecutors and Judges received training about this problem, including true case histories of innocent defendants convicted with false confessions, then the next time a defense attorney raised the issue, he or she might not be met with the smirks and glares by Judges and Prosecutors who want to clear their case loads.

The fact remains that innocent people confess.

The Innocence Project web site listed above has 20 case histories listed of innocent defendants who confessed to crimes they did not commit.

If innocent people are convicted because of the careless indifference of Judges and Prosecutors, then it will be on their conscience if they take part in sending an innocent person to prison.

Of course, to make this all work, the prosecutor and the Judge need a conscience to begin with.

We cannot end this post without mentioning one of our re-occurring themes that haunts us.

If hundreds of innocent people have been sent to death row, what about the tens of thousands of people serving lengthy sentences who don’t have anyone looking at their cases? Or is it OK to wrongly convict someone of a crime, as long as you don’t kill them?

If Florida keeps limiting payment to $3,500.00 to conflict attorneys to represent someone charged with a life felony, then this problem is going to explode out of control.

If Judges and prosecutors spent one minute a week closing their eyes and imagining being wrongly convicted and sentenced to even 10 years in prison, maybe we could start working towards a solution.

We predict that with all the minimum mandatory sentencing schemes in place, that history will call this period the Dark Ages of criminal justice. Our children or our children's children will wonder what we were thinking about. Just like we can't imagine walking into a restaurant segregated by color, they will wonder how we could do this to innocent people.

See You In Court.

This is a great post

This is a great post:


I am saddened to hear of the passing of a great man, Judge Henry Leyte-Vidal.
My father, Abraham Safdie, recently died of Gallbladder Cancer. Many at the courthouse knew my father. He was a court interpreter, who four days prior to passing was made an honorary judge in a ceremony attended by more than fifteen judges. Judge Leyte-Vidal was one of those judges.

That day, my father seemed to have a sudden charge of energy given to him by these public servants.

Although, what many do not know is that Judge Leyte-Vidal visited my father at the hospital, almost every other day during those awful two and a half weeks. With every visit my father was energized with hope and love provided by this noble man. He also was a great comfort to my mother, sister, brothers and I.

His wife and three sons should know that he has earned a place in heaven, not necessarily for what he did on the bench, but more so for what he did as a private citizen, without fanfare, visiting cancer patients and providing inspiration and hope.

Charles A. Safdie

TRIAL BOARD

Anonymous wrote in:

rumpole you should have a trial trial board like they do at the Public Defender's Office.


Rumpole says, ok. Not that we don't have enough to do during the day, but if a Judge or attorney wants to email us on a Monday ( or whenever a trial starts) we will post the trial, the attorneys, and the results.

As to the other posts about the Markus verdict: 1) We don't know who got the guilty verdicts and who got the Not Guilty verdicts. 2) We were just being friendly to Mr. Markus, as we are about to ruin his career (or at least his reputation) with a post we have about our views of the Vatican and the federal college of cardinals. Stay tuned and we will let you know when its up on his formerly well respected blog.

RUMORS

Rumor has it hoards of men dressed in purple suits with yellow ties descended on a restaurant in downtown Miami this evening and staged a "We love Judge Shelly Schwartz" rally.

Rumor has it the Don Cohn / Judge Rippengale race almost had a third candidate.

Rumor has it that a domestic violence county court judge personally visited an attorney recently to try and talk him/her out of filing against HIM.

Rumor has it that sales of Ambien among judges up for re-election this year has skyrocketed.

Rumor has it that attorneys North of the Border have started their own blog. In the words of Bruce Willis in Die Hard "welcome to the party pal."

Rumor has it that the Kommisar of Konty Kort doesn't like our humble blog. We respond, "those who can....do. Those who can't....teach. Those who can't teach, teach gym. Those who can't teach gym become supervisors of bloated state bureaucracies .

Rumor has it that the County Court Judges will each issue their own individual opinion on the pending motions on the DUI breath machine because nobody wants to be in the Herald issuing a dissent for the defense.

Rumor has it that a noted criminal defense attorney helped nab a "perp" this past weekend, and after criticizing the manner in which the police beat up witnesses, was almost arrested himself.


See You In Court where rumors run rampant.

NOT GUILTY

Congratulations to our favorite federal blogger, David K Markus for his NOT GUILTY verdict in Federal Court in Georgia. 6 weeks of trial, seven days of deliberations..Not Guilty. Read all about it on his blog. You can find the link on this page on the left.

You da man!

Because we choose to remain anonymous, we cannot celebrate our not guilty veridicts like Mr. Markus. Why just last week we won a hard fought disorderly conduct case. 16 minutes of testimony, seven seconds of deliberation by the court. Oh well.
See You in Court.

CONSPIRACIES EVERYWHERE YOU LOOK

A suspicious reader writes in:

Rumpole, why did you delete the comment referring to your statement, "Rumpole says, its not like Mr. BT was alleged to have threatened a JA or anything".The comment said it was funny how you are Phil and you are trying to make fun of yourself. That we caught you attempting to call a bluff???

Rumpole responds: Careful readers of the blog last night may have noticed that we posted the Brian T post twice by mistake. We erased one, and that one had some comments. Here is your comment (wrong in every way possible) for the world to see. Like Rumpole, you can join our “Sometimes Wrong. Never In Doubt” club and keep overlooking the obvious.

A soothsayer writes:

SARMIENTO (HIRES) A LAWYERLooks like a recently departed asa is getting his first case:NOTICE OF APPEARANCE TIMOTHY M. VANDERGIESEN, ESQ. AND GREG V. CHONILLO, ESQ.I predict the fee is ZERO


ASA Howard Rosen, who reads the blog more than he lets on, and who thought he had nabbed our identity in a series of private emails, (not close…no cigar) writes in:

Although I unfortunately never had the opportunity to become friendly with Henry Leyte-Vidal off of the bench, I did appear before him on many occasions, and had the recent opportunity to try a two week trial in front of him. He always demonstrated all of the qualities that lawyers - and our community in general - could ask for in a Judge. He was intelligent, humble, patient, practical, and fair. Whether he was doing his morning calendars or was in trial, he listened intently to the litigants and always had a smile on his face (no matter what was spewing forth from the attorneys’ mouths at the time). This was a good indication that he truly loved what he was doing. He was a Judge who really liked to be in trial. He will be missed.On another, but a related note… The trial which I just mentioned was the one wherein Sabrina Puglisi and Brian Tannebaum were opposing counsel to Dan Bernstein and I. A couple of you anonymous posters out there in our little “blog world” have criticized Brian Tannebaum for posting his comments on Henry Leyte-Vidal by saying things such as “Brian Tannebaum, can't you just go away for a little while? You weren't real friends with Leyte-Vidal. Why did you feel the need to quote to the Herald (or here in the blog)? Why not refer them to someone you did know the guy? Or, just don't offer a comment out of respect for the fact that you didn't really know him?…”I do not know if Brian Tannebaum knew Judge Leyte-Vidal off of the bench or not, but even if he did not, as I did not, during the course of spending a couple of weeks in trial with Henry Leyte-Vidal, I got a good sense of the qualities in him that both Tannenbaum and I expressed, and I am sure that his family is comforted in knowing that even those of us who did not know him very well off of the bench noted the same qualities in him on the bench that he must have had in his personal life. Let’s not let the passing of one our finest become a source of divisiveness.


Sunny Goldin, queen of the tickets, writes in on Judge Sheldon Schwartz:

Some of the "traffic attorneys." Myself(Sunny Goldin), Myra Perez, Angie Serra. I know Schwartz has his detractors and I myself have bitched about his long calendars but I think he does right by both defendants and the state and I think that's more impt than whether I get out of his courtroom quickly. (and no, I don't have any cases on his mtigation calendar tomorrow)

Sunny also wrote in about a fundraiser:

Why wait until tomorrow's "moderated" blog to find out what happens at the fundraiser for Sheldon Schwartz at 6pm tonight at Perricones? Come find out for yourself. Sunny

The following was a non-paid political ad for a Sunny Golden fundraiser for Judge Sheldon Schwartz and the views expressed were neither written nor paid for by Judge Schwartz or the National Football League.

Here is a stupid observation if we have ever read one:

Is Judge Young sentencing straight men to more jail time than homosexuals? Are there any statistics regarding the known gay and lesbian judges? It seems like he wants to become the next Ellen Morphonious.

And a reader wants us to censor the post:

Rump, the David Young post should have been censored. The writer asks a question about whether or not Young sentences certain people differently from others with no supporting information. It's like allowing an attorney to say, "did you beat your wife today?" If someone's going to ask the type of question, he or she should have (and provide) some kind of factual basis. Otherwise, it's just a not so clever way to spread lies and sully a person's reputation.


Rumpole responds: We do not censor posts. Everyone knows we have a few rules. The moronic post on Judge Young comes close to crossing the line. The sexual orientation of any Judge is not fit for public commentary. While Judge Young has discussed his private life, it is not anyone’s business if a Judge lives with another man, woman, or Vietnamese Pig. However, because the best way to deal with stupid, dumb, idiotic (are we getting our point across? ) posts like the stupid, dumb, homophobic idiot who made that post is to shine the cold hard glare of light on their stupid, dumb, idiotic beliefs, we put their post up and tell them to have the courage to sign their name if they truly believe Judge Young is unfair in his sentencing policies.

PS: How in the name of Liza Minelli would any Judge know the sexual orientation of a Defendant that they were sentencing? As far as we know, its not part of the plea colloquy.

A writer talks some smack:

Hopefully someone will run against Cindy Lederman. She makes Ann Coulter seem like a flaming liberal.

Curious asks:

rumpole why do people get crushed on this blog when they self promote? it's good buisness. what is your view?

Rumpole grumbles that people are mostly stupid, dumb, and idiotic. Especially people with licenses to practice law. See You In Court.

A Tampa Judge Remembers Judge Leyte Vidal

A Judge From Tampa writes in to remember Judge Leyte-Vidal:

My name is Judge Dee Dee Pomponio from Tampa. Iwas appointed to the bench on the same day as Henry. We became very close friends and because of Henry I have become good friends with many Dade Judges. I am writing this from a conference in Denver. I wanted to tell all my friends in Miami that my heart and prayers are with you and I wish I could be with you during this difficult time.I truly loved Henry for the wonderful man he was and I know God put him in my life to teach how to live life to its fullest


Rumpole says: wonderful post.

FOR THE DEFENSE

In Defense and Praise of BT

Anonymous wrote all these posts:

Because you don't charge for ad space on your blog...and with regard to the B.T. ISSUE. I like Brian. He is a hard working capable lawyer. However, he should take care when he injects his views about people in the press. He could have said to the reporter, off the record, I don't feel comfortable giving a quote because I hardly knew the guy. Perhaps that was the point which some of your fans were trying to make.

-----

I thought BT was appointed by Leyte-Vidal guardian for Michael Hernandez - the kid from the junior high murder - he must have known him somewhat to make that appointment. I just re-read his comments to the herald - he said he was one of the best, and most respected judges? NOthing about being "friends with him"
-------

I am somewhat amazed by the juvenile way some of you writers sound like on this blog. If I didn't know it was a legal blog, I would have thought it came from my daughter's elementary school.Anonymous continues to whine and complain about BT. Hey, Anonymous, when was the last time you volunteered for an organization that is dedicated to the criminal defense bar.Have you been a member of FACDL-Miami or FACDL Statewide. Have you been a Board of Director, have you been an Officer, have you been President, have you been a statewide legislative coordinator?Do you go to Tallahassee (I think on his own dime) and certainly on his own time to lobby state senate and house members on critical issues affecting our court system and, more importantly, affecting us as attorneys and, even more importantly, affecting our clients?I am not a particularly close friend of BT's, I have just seen him at work, and while his name and face may be in the paper and on TV every once in a while, it seems like he has earned every minute of the exposure he gets.It seems to me, anonymous, that you, like my elementary school daughter, (who whines because "Kathy" is the teacher's pet, and not her), ... you are nothing more than a jealous person in need of your own exposure.Here's my suggestion ... you want exposure .... then sign you name to your next blog.

-----------
oh christ, ENOUGH ABOUT BT!!!Some like him, some obviously hate him (some, just for telling the Herald Leyte Vidal was a great judge (go figure))The guy has his own blog - go over there and leave your fan and hate mail, lets talk about important stuff like who's filing for judge this week.


Rumpole says, its not like Mr. BT was alleged to have threatened a JA or anything.

Any feedback on having other bloggers join our ranks?

Any updates on Judges calling PD’s who reverse them on appeal at home?

Any new rulings from the County Court Judge who likes to do Circuit Court Motions?

Any thoughts on Judges who order drug tests at arraignment?

Any news items on the new circuit judge who doesn’t give his staff lunch (or dinner for that matter) and likes to tell people there’s a new sheriff in town?

This is what is on our mind. What’s on yours?

See You In Court.

MONOPOLY

MONOPOLY

A reader doesn’t like us very much:

Rump, are you seriously saying that just b/c your readership hasn't dropped means people like you censoring (call it what it is) their blogs, or waiting for it to pass the Standards Board before its available for public consumption? YOU ARE A MONOPOLY. No one else has a Dade Criminal Court Blog. If Fpl sucks, what can I do? Start my own electric Co? I'm stuck with their service. Similar thing here. No one is realistically going to put in the time to make another blog on the same shit you have. We only have you. Why take away the fun of real-time quotes b/c once a month some asshole writes cruel shit? Why do believe its your responsibility to PREVIEW quotes for publication? What is wrong with a disclaimer( in bold print if you wish)? No more back and forth b/t bloggers. Now, we'll have to wait for you to OK our speech. Yes, its your blog, and its private, and you can do whatever you please with it, including censoring it or ending it. But it just seems, with all due respect to all your hard work, that you fell a little too easily into a kind of Power Trip. You decide what other lawyers (mostly) are allowed to say on a blog that is supposedly an open forum. Can't be open and "moderated" at the same time. No matter how you try to spin it, it just can't be. Go with freedom. Leave the dark forces of control and regulation alone. They don't suit you. There's always a "good reason" to limit speech (and other freedoms) in the minds of those who naturally take a collectivist approach. Hate to see you cross over.


Rumpole responds: We respect your point of view, but point out that you are incorrect in one important point:

We do not censor what people say, or decide what attorneys can or can’t post. Posts that are mean to us, our friends, or Judges we like, are faithfully posted. We have a few simple rules: 1) No posting of personal information: home address, children names, etc. 2) No posting of personal and private matters that do not affect a public office. That means if an attorney is cheating on her husband with her secretary, we do not post that.

For all the chatter and recriminations, we note that the one very sticky wicket that has never been discussed is this scenario: Where a Judge is having a relationship with an attorney who appears before the Judge, and the attorney for the other side makes the disclosure. That would trouble us.

Here is the point: there is apparently a lot of anger out there. People use the blog to just mercilessly attack other people. People criticize Brian Tannebaum for speaking to the Herald on the death of Judge Leyte-Vidal. What was he supposed to do?

“When contacted for a quote about the late Judge, Brian Tannebaum, president of the Miami Chapter of the Florida Association of Criminal Defense attorneys refused comment.”

How stupid would that be?

Be that as it may, while this blog has become a conduit for some people’s frustration and anger, their anger is not our anger. We are pretty happy go lucky. Give us a jury, a defense, and a paying client, and our week is made. Give us a Judge who does something stupid like rule that the issue of whether a statement is voluntary is a jury question (watch for the upcoming post, “A is for….”) and we delight in rubbing that Judge’s nose in their ….ummm…ruling.

But to make this blog a vehicle for trashing people for no reason, and trashing them in an extremely vicious and nasty way is not something we choose to be a part of. This very week, without even being buried, some lowlife wrote a post about Judge Leyete-Vidal and included a very hurtful insinuation. Sorry, but even if it was true, we don’t play with that kind of hate.
Go start the “MetroJusticeIhateeveryone.blog” and have fun.

But your allegation that we decide who can post, and what they can say, is simply not true. Ask around and see if anyone was "censored."

If we are in the marketplace for readers, then we rely on our quick wit, our ability to play with words, and our ability to write an enjoyable piece every now and then.

For instance, former Dade Judge, and current Broward Lawyer, Terri Ann Miller writes in about the lawyer dropping our of the Judge Diaz race in Broward, and give us a nice compliment:

Been there, (Supreme Court), donethat...Article V, Section 8 has beeninterpreted to apply when a person takes office. (See Ari Miller v. Gina Mendez, Miller v. Mendez, 804 So.2d 1243 (Fla., 2001) Newman v. State, 602 So.2d 1351,(Fla. App. 3 Dist., 1992)He knew the law. The reason hewithdrew was he realized the vastsum of $ he would need to spend...Love the blog, Rump, especially the Broward editions...


Finally, one new issue: SHOULD WE INVITE GUEST BLOGGERS? We can invite someone like Jason Grey or The Captain to have bloging privileges and that would allow them to leave headline posts like we do (and no, they could not discern our identity). This has been on our mind ever since our favorite federal blogger David Markus put his career and reputation in federal court in jeopardy by inviting us to be a guest on his blog.

Write in with your opinion.

See You In Court wondering why, if we are a monopoly, we are still kind of poor.

POLITICAL UPDATE FOR NORTH OF THE BORDER

Our political reporter, the intrepid Captain writes in with breaking news:


BREAKING NEWS:Your self-anointed political reporter, who first reported the unusual happening of an incumbent Broward Judge actually facing opposition, has some very interesting news .....Judge Robert Diaz no longer has opposition.

Attorney Brian Peter Wolk, who filed to run against Judge Diaz on March 13th, (that's the Judge Diaz, who was suspended from the bench without pay for two weeks for some past problems) has DROPPED OUT of the race.

Why ... we can't answer that one yet .....?????

On a separate note, can you believe the amount of judicial fundraisers that have been taking place in the last couple of weeks and those that are scheduled to take place this week.

I've got envelopes piling up from the following campaigns:

Candidate Stephen Millan
Judge Stanford Blake
Judge Maria Espinosa Dennis
Judge Mary Jo Francis
Judge Mindy Glazer
Judge Luise Krieger-MartinJ
Judge Lester Langer
Judge Cindy Lederman
Judge Ellen Leesfield
Judge Steve Leifman
Judge Bronwyn Miller
Judge Karen Mills-Francis
Judge Dennis Murphy
Judge Catherine Pooler
Judge Sheldon Schwartz
Judge Sam Slom
Judge Ellen Sue Venzer

Makes you want to vote for a constitutional amendment where all judges get appointed instead of elected!

A reader thinks s/he knows why Judge Diaz no longer has opposition:

That Broward dude couldnt run. Quirtk in law, gotta be a member of the bar 5 years at qualifying time for county court and 5 years at time of election or take office for circuit. he wouldnt be 5 years by May 12.
oops!!!!!!!!!!!

Rumpole notes that Judge Diaz was suspended for sending an anonymous email to Judge Seidman complaining about Seidman turning defendants into Immigration and Customs for deportation. We have already made our feelings about this judge well known. Too bad Judge Diaz didn't just post on our blog.

Only North Of Border do people get punished for speaking out and trying to do the right thing, while oppressive, ignorant, xenophobic, jingoistic bullies get rewarded.

MORE MEMORIES OF JUDGE HENRY LEYTE VIDAL

Judge Mary Barzee wrote this beautiful post in memory of her friend:

Leyte died on a glorious spring day. He would have loved this past weekend, and, had he not been in the hospital, he would have been outside, coaching Danny’s softball team, playing golf or boating. Henry heartily loved life. He was a compassionate, genteel man. He was a generous friend. He loved food—French mussels, fresh anchovies and garlic in vinegar, spaghetti and clams. He drank scotch. He loved art and music. He’d been to the Opera at La Scala, he sang and played guitar in a rock band, he liked The Black Eyed Peas. The judge was a great dancer. And he loved his boys more than anything. His passing is our great loss.

Rumpole notes that the loss of Judge Leyte-Vidal, a man who apparently loved life and lived it to the fullest has left us sad ever since we heard the news. We sometimes take solice in poetry and think this poem by Keats, one of our favorites, seems appropriate at this moment in our lives:

An Irish Airman Forsees His Death:

I know that I shall meet my fate
Somewhere among the clouds above;
Those that I fight I do not hate,
Those that I guard I do not love;

My county is Kiltartan Cross,
My countrymen Kiltartan's poor,
No likely end could bring them loss
Or leave them happier than before.

Nor law, nor duty bade me fight,
Nor public men, nor cheering crowds,
A lonely impulse of delight
Drove to this tumult in the clouds;

I balanced all, brought all to mind,
The years to come seemed waste of breath,
A waste of breath the years behind
In balance with this life, this death.


Keats. Barzee. Good company both.

JUDGE HENRY LEYTE VIDAL VIEWING

Stephen Millan was kind enough to email us this information:


I have just heard from Judge Leyte-Vidal's bailiff. The viewing will be at Vior Funeral home located at 291 NW 37th Avenue from 6:00p.m. t0 10:00p.m. on Tuesday March 28th. No mention was made as to a service on Wednesday. I know it goes without saying but we (the legal community with whom he shared a good part of his adult working life) should go and let the family know how much he was loved and will be missed.

Here is the official court memo on the funeral arrangements:

I regret to inform you that Judge Henry Leyte-Vidal passed away on Sunday, March 26, 2006.

The viewing will be held Tuesday, March 28th from 6:00 p.m. to 10:00 p.m. at Vior Funeral Home located at 291 N.W. 37th Avenue, Miami, FL, (305) 643-3131.

The funeral procession will leave the funeral home at 2:00 p.m. on Wednesday, March 29th for Miami Memorial Cemetery located at 6200 S.W. 77th Avenue.

There may be a memorial service prior to leaving the funeral home. As details are known, we will keep you informed.

Condolences may be sent to:

Dade County Courthouse
73 W. Flagler Street, Room 1110
Miami, FL 33130


The flags will be flown at half-staff in Judge Henry Leyte-Vidal’s honor at all of our courthouses through Friday, March 31, 2006.

MEMORIES OF JUDGE LEYTE-VIDAL COME IN

Judges Larry and Caryn Schwartz wrote:

We are stunned, saddened and in disbelief about this horrific news this morning. We will miss our friend, his warmth, his smile and his incredible sense of humor. this community has lost another special person.
Caryn and Larry Schwartz

Judges David Young and Scott Bernstein wrote:

We have lost not only a colleague but a friend. Henry embodied the yiddish term 'mench'. Our thoughts, prayers and love go out to his family.
Rest in Peace dear Henry


Judge Maxine Cohen Lando wrote:

I will miss our dear colleague, Judge Henry Leyte-Vidal. His untimely passing affects us all. He was a gentleman, sweet natured, a wonderful soul who always had a good word for whomever he encountered. He was comfortable in any courtroom, well versed and well prepared. He was one of the Circuit's finest judges, and his loss is a shock. My prayers are with his family.


Jason Grey wrote:

When I first left the PD's office I rented space from Henry on coral way.He was then, and always a true Gentleman. A Great judge. A friend. One tough guy.Took on cancer without blinking, and was back to work in no time.
Much Too soon to lose you. vaya con Dios

Brian Tannebaum wrote:

I just wanted to add something about a recent 2 week trial in October I had in front of Judge Leyte-Vidal.He was a true vision of the perfect trial judge - he called balls and strikes, and when dicussions were had about "finishing early" one day, or "starting late" another day, his attitude to both sides was "whatever you guys want."At sentencing, he said something I will never forget. As in every case, we asked for much less prison time than the state. As both sides were debating the term of years the defendant was going to get, Judge Leyte-Vidal said: "Look, I think a year in jail is a long time."
It was nice to hear that in a felony courtroom.


The Captain wrote:

Judge Leyte-Vidal received his undergraduate degree from the University of Miami in 1977 and earned his JD at UM in 1980. He was in private practice until August of 1999 when Gov. Bush appointed him to the County Court. Interestingly, he was Gov. Bush's first Dade County Court appointment as Governor. Gov. Bush had taken office in January of 1999, and in April of 1999, he made his first Circuit Court appointment, (the People's Court Judge Marilyn Milian) which opened up a County Court seat ... which Judge Leyte-Vidal was appointed to. In November of 2001, Gov. Bush elevated Judge Leyte-Vidal to a new Circuit Court Seat. He had been in the Criminal Division up until January when he was reassigned to the General Jurisdiction Division of the Circuit Court.On a personal note, he was a wonderful man, kind, personable and warm and he was an excellent judge, fair as the day is long. He will truly be missed.

A (former?) PD wrote:

Leyte-Vidal was a great guy and a great trial judge. Fair to both sides. Level headed. Listened to argument with no negative facialgestures.One quick story, back in the oldPD days, as was custom, we pickedfive or six of our best cases andfiled demands in Leyte-Vidal'sdivision. The judge who did nothave a problem going to trial anyway, proceeded to deny our subsequent motions for continuances on our other non-demand cases.We ended up trying four cases in two weeks on the non-demands cases,and even though we won all four ofthem, that stopped our routinepractice of filing demands on him.In the game of criminal law, he was a truly great player, and hewasn't even a criminal defense attorney.During those two weeks of trial, weall had a blast off the record andI truly came to like this honorableman.
Rest in Peace.


Pepe Herrera wrote:

My sincerest condolences to the family of Judge Henry Leyte-Vidal, my thoughts and prayers are with you. Henry’s passing is a great loss for our entire community, not only the legal community. His humanity was ever present, and spoke volumes of his character. All who appeared before him got true justice - a fair playing field, underscored by his patience and tempered by his benevolence. This community has indeed lost a good man, a true Jurist, and I have lost a friend. - Pepe Herrera


Susan Nesmith , scribe from the Herald is seeking info on Judge Leyte-Vidal:

I'm sorry to use the blog this way, but I'm working on Judge Leyte-Vidal's obituary and I'd like to make it as representative of his life as possible. Does anyone have a way to contact Peter Heller? Can you ask him to call me at 305-772-4380. His service has declined to relay a message. Also, I'm trying to reach Judge Izzy Reyes and any other judges or attorneys who were close to Judge Leyte-Vidal. Again, I'm sorry go about it this way, but I'm still pretty new on the beat and I don't want my still-slim rolodex to mean his obituary is less than his family would want. thanks

Susannah Nesmith-Miami Herald

Bobby Reiff wrote:

Henry was a tremendous guy and a wonderful judge. He was always pleasant and kind and he had that rare quality as a judge to be able to leave all of the participants in the proceedings before him smiling. He'll be missed (and he leaves some big shoes to fill).