What a fun time to be a trial lawyer in the Southern District of Florida. I know I sound like a broken record, but we have the best trials and cases in the country.
Jay Weaver has a great article about the jury selection in the Jose Padilla case. Rising star Dore Louis took on the Government: "Early in the process, one of Jayyousi's attorneys, Marshall Dore Louis, accused the prosecution of striking four candidates with Muslim connections and one who was Muslim herself. I believe they have shown a pattern of bias against people who know Muslims or are Muslims." John Shipley responded, "It is completely untrue. There is no pattern whatsoever."
The Government then complained that the defense was striking Hispanic jurors. At the end of the day, Judge Cooke found that neither side was using their strikes in a discriminatory fashion. Everyone in the courtroom applauded when the jury was finally seated. On to trial!
Kenneth Wilk took the stand in his own defense! "He didn't discuss AIDS dementia, a key part of his defense. He immediately admitted he fired his gun but said he thought the people in his Fort Lauderdale home, Deputy Todd Fatta and Lt. Angelo Cedeño, were intruders, not police. He also said he tried to perform first aid on Fatta, the man he is accused of murdering."
Who's call was it to testify:
Outside of court, Wilk's attorneys, Matthewman and J. Rafael Rodriguez, wouldn't comment on Wilk's desire to testify. "We're just honoring his request," Rodriguez said.When U.S. District Judge James Cohn asked Wilk if he discussed the decision with his lawyers, Wilk replied: "There's been tremendous conversation back and forth. ... And this is something I have to do and, uh, it's my decision and mine alone and I stand by it."
The SDFLA Blog is dedicated to providing news and notes regarding federal practice in the Southern District of Florida. The New Times calls the blog "the definitive source on South Florida's federal court system." All tips on court happenings are welcome and will remain anonymous. Please email David Markus at dmarkus@markuslaw.com
David,
ReplyDeleteDo you believe Judge Cohn acted properly in injecting himself into Wilk's decision to testify?
How did he inject himself? I am sure it was part of the right to remain silent colloquy.
ReplyDeleteThe right to remain silent colloquy? Isn't Wilk represented by two distinguished lawyers? You must mean the 2255 colloquy. The only reason for the Court to inquire at this stage is to obtain an admission against Wilk that can be used against him at a 2255. Absolutely inappropriate.
ReplyDelete" Rising star Dore Louis", David just hire him already.......Please, he is a former SAO.......
ReplyDeletehey 535 what are you talking about. this makes perfect sense. why should we wait till the guy files a 2255 in which he claims he wanted to testify. it is actually prudent for a judge to do this to make sure the lawyer hasnt coerced the defendant into not testifying. why shouldnt the judge protect the record and make sure we dont have to waste the courts time on a 2255 evidentiary hearing when it can be avoided by a 3 minute colloquy?
ReplyDeleteMr. Markus,
ReplyDeleteI know you exercise control over the content of this blog. I think it most irresponsible of you to allow the kind of libelous and vile commentary found at the 10:54 a.m. posting. The unfair diatribe launched at Judge Cohn found there is not only scurrilous and unfounded, it has no place in the blog of "an even handed statesman like" type as yourself. For shame!
Removed!
ReplyDelete