Monday, December 08, 2008

Monday morning...

Wanna know why our justice system is totally screwed up -- look here. That's the Herald article explaining that Lyglenson Lemorin , the only Liberty City 7 defendant who was acquitted, has just been ordered deported. So to review -- the other defendants are out on bond waiting for their third trial, while Lemorin -- WHO WAS FOUND NOT GUILTY -- is stuck in an immigration jail waiting to be deported because an immigration judge found that he did the same things for which a jury said no.

Here is the Herald article:

A year after being acquitted on terrorism conspiracy charges in the Liberty City 7 case, a Haitian-born Miami man has been ordered deported by an immigration judge.
Lyglenson Lemorin won acquittal on criminal charges last December after persuading a federal jury that he was only marginally involved in the so-called Liberty City 7, a band of devotees of an inner-city religious group the government contends conspired to blow up the Sears Tower in Chicago and Miami's FBI building in 2006.
Lemorin fled with his family to Atlanta to get away from the group's leaders.
But Kenneth Hurwitz, an immigration judge at the Krome Avenue detention center who conducted a weeklong removal hearing in August, concluded in a 135-page ruling received by Lemorin's attorneys Friday that the Haitian native, a legal U.S. resident, did provide ''material support'' to a group he knew had plans for attacks.
The standard of proof is lower in immigration court, which is not a fully independent tribunal but part of the U.S. Department of Justice.
The material support Hurwitz cites: Lemorin's work for group leader Narseal Batiste's stucco business. His ruling concedes Lemorin did not participate in the main activities the group undertook in furthering alleged plans for attacks -- including surveillance photos and videos of potential targets or the alleged ''kidnapping'' of a pair of government informants who infiltrated the group.
But Hurwitz said Lemorin's knowledge of the surveillance, along with his pledging a contested ''oath'' to al Qaeda administered by one of the informants, was sufficient to classify him as a terrorist supporter, even though the judge concluded Lemorin was ''technically'' not a member or supporter of al Qaeda.
Lemorin testified he did not understand the oath and believed Batiste was, in the judge's words, ''talking crap'' about attacks to draw money from the FBI informants.
But, Hurwitz wrote, ``It does not matter if he believed that the organization was not going to commit terrorist acts. The court also does not believe that he did not understand what he was doing when he took an oath to support an organization that has forcibly opposed the United States.''
It's unlikely that Lemorin -- who has been held in immigration detention since his acquittal -- will be deported anytime soon.
His Atlanta attorney, Charles Kuck, said he will argue to Hurwitz that Lemorin should be allowed to remain in the United States because he could be tortured or mistreated if returned to Haiti. Kuck said he will appeal Hurwitz's decision if necessary.
That could take months. In the meantime, he expects Lemorin, who is being held in rural Georgia, to remain in detention and separated from his children and his ill wife, who are in Miami.
Four of Lemorin's co-defendants are free on bond following two mistrials. Batiste and the other five defendants are set for a third trial in January.

Someone explain to me how this is just.

In related news, Joel DeFabio was a finalist for most effective criminal justice lawyer in 2008 for his representation of Lemorin in the criminal trial. The most effective lawyers were Stephen Carlton, John Kastrenakes and Antonia Barnes for their prosecution of Palm Beach politicians. Other finalists were: Richard Lubin, Michael Metz, Douglas Hartman & Bruce Reinhart (for their successful health care fraud defense); and Ken Swartz, Marc Seitles & Steve Amster (for their successul drug trafficking and money laundering defense). Congrats to all of the winners and finalists for great results, especially my office-mate Marc, but how doesn't DeFabio win this one hands down? The other winners & finalists are here.

And finally while we are on the Review, John Pacenti covers Judge Peter Fay's speech from the Bench & Bar conference. He covers the portion dealing with judicial pay and Fay explains that district judges should get a raise from $169,000 to $342,000. I agree that $169K is way too low. First year associates in New York make more. So dear readers -- what are your thoughts? How much should district judges be making?


Anonymous said...

Do law firm associates have lifetime tenure?

Anonymous said...

If they don't like the pay, vacate the seat. That argument that says the most qualified will not accept the seats because of the pay is bunk.

Name three lawyers in town who are the most qualified who would not put their names in because of the pay.

South Florida Lawyers said...

John's a great reporter and a good guy, but he missed all the fun stuff about Hillary junkets and "fat cat union bosses."

Anonymous said...

10:37, and no, they don't get to yell at people who come into their office that they don't agree with either (obviously not all of them do it).

What is the value on that?

Another 150 k?

Rumpole said...

I win case after case of disorderly intox in Hialeah Branch court and what do I get for it? Nothing beyond riches. No fame . No recognition. Nada.

I'd give Fed Judges 250K. They have health care, retirement, and I think free donuts and coffee at local participating Dunkin Donuts.

250 sounds right. Lifetime tenure and a secure retirement along with health care (which you need if you eat the donuts) are worth something. Also there's something to be said for an older and financially secure lawyer ending their career by 10-12 years on the bench. They make better Judges overall then those snot nosed young AUSAs who've never been in private practice, excepting of course Judge Jordan, who does a great great job.

Denny Crane said...

Deportation seems warranted for an alien who swears an oath to a terrorist organization bent on destroying the United States. Even if the swearer did not really mean it. In fact it is beyond question and should have taken only one day hearing and 5 pages of opinion. Did that explain it sufficiently to you?

Of course, a liberal, left wing attorney or other person with other anti-America sentiment and an insatiable erection for President Bush, might not understand at all. Might even claim taking an AQ oath is protected under the First Amendment.

Anonymous said...

4:00 you are an asshole.

You get a little "a" because you are too f-ing dumb to deserve the big "A." That is reserved for the more intelligent among us like Ed Williams.

Now, I suppose you will seek to have me deported because I am un-American.

How is it un-American to say that a jury's verdict should speak louder then a political appointee's?

Why is it not okay to be critical of the Government?

Why do you beat your dog?

Does your mother know you are an asshole?

fake fred moreno said...

MEESTER MARKUS!!!. Now your blog has denigrated into cursing. Most unprofessional. Indeed.
Go Notre Dame.

Denny Crane said...

Hey 501: I think your jeans must be on too tight ...... around your head.

The soon to be deported was not acquitted of taking an oath to an organization which has declared war on the US. (I think the "ceremony" was on video). I do not think Bush even appointed the official.

For the record, I do not beat my dog (a foreign national lawfully admitted into the US).

As for my being dumb - explain to your shrink that you take yourself and others way too seriously. Oh, I forgot you are an attorney so you cannot help yourself. I know Ed Williams. He was a professor of mine and remains a great mentor.

Anonymous said...

Joel DeFabio is like Rodney Dangerfield, he gets no respect.

Anonymous said...


Ed Williams is real? Wow.

I guess your mother does know you are an asshole.

RUGH ROUGH said...

Gov. Rod Blagojevich of Illinois was arrested and charged with corruption, including an allegation that he conspired to profit from appointing a senator to succeed Barack Obama.

Uh, shit.

Ed Williams said...

This Denny Crane does not ring a bell as one of my students, but those days are a long time ago. I will look into it, but for now, on my way to Chicago to consult, at the request of the President-Elect's transition personnel.

Hey, I just got it 501 - jeans - Levis. Man I am really old.