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 firstname.lastname@example.org
Tuesday, May 01, 2012
"Deliver me not over unto the will of mine enemies..."
"...For false witnesses are risen up against me." That was The defense attorney for Colombo crime family street boss Thomas “Tommy Shots” Gioeli during his closing arguments yesterday. The NY Post has more:
Perlmutter implored the Brooklyn federal court jury to be careful in weighing the source of the evidence amassed against Gioeli.
"You must evaluate the credibility of these witnesses to decide if you can believe them," the attorney said.
when the spiritual tone evaporated in the silent courtroom, as
Perlmutter described the ex-mobsters who testified against Gioeli as
government witnesses, calling them "untrustworthy, unreliable, desperate
"You know what else they are? Rats!" Perlmutter said of the FBI informants.
even if Gioeli admittedly was at the scene at one of the premeditated
mob hits, the attorney argued, that doesn't mean that he played a role
in the killing.
"Simply because he was there, he is not guilty of that murder," Perlmutter said.
The most versatile of the classic Anglo-Saxon swear words has, diligent
research reveals, made just one appearance in oral arguments before the Supreme Court.
The cursing, in 1971, probably won the case, which concerned the
prosecution of a vulgar protest against the draft during the Vietnam
War. By repeating the word in court, the protester’s lawyer showed that
it could have a role in public discourse. Over the next two decades or
so, the word was used in nine Supreme Court decisions, typically in
quotations of something a criminal had said. Its last appearance was in
Popular culture has grown coarser over the years, and the word is commonplace in hit songs and ubiquitous on cable television. The Supreme Court has moved in the opposite direction.
The justices do not want to hear the word even when the case before them
turns on it. In arguments in 2008 and 2011, they considered two aspects
of a case about whether the government may punish the broadcasting of
four-letter words from four-letter celebrities like Bono and Cher, but
no lawyer or justice said the words. When an appeals court first heard
the case in 2006, judges uttered and examined the key word, considering
whether its every permutation had a sexual connotation.
3. Looks like John Goodman is going to get a new trial. Roy is doing a great job (via the PBP):
One juror in the panel that convicted polo mogul John Goodman of DUI
manslaughter last month said he was not convinced of Goodman's guilt.
Michael St. John made the revelation this afternoon as Circuit Judge
Jeffrey Colbath interviewed the six jurors and two alternates on the
case in response to allegations of juror misconduct in the case
surrounding the Feb. 2010 drowning death of 23-year-old Scott Wilson.
St. John said that he was pressured by other jurors to find Goodman
guilty of DUI manslaughter.
"So when I asked you at the end of the
case whether the verdict was your verdict, and you looked at me and
said yes, why did you say that?" Colbath asked St. John.
look at anyone," St. John responded. "I didn't look at him, I didn't
look at any of the other jurors. I just looked at the floor when you
former National Football League players have been arrested by the FBI on
federal charges in connection with an alleged scheme to steal people’s
identities and file false tax returns in others’ names to collect thousands of
dollars in refunds, according to authorities.
three ex-NFL players charged with defrauding the federal government and ID
theft are: William Joseph, a University of Miami defensive tackle drafted in
the first round by the New York Giants in 2003; Michael Bennett, a University
of Wisconsin running back also drafted in the first round by the Minnesota
Vikings in 2001; and Louis Gachelin, a Syracuse University defensive tackle who
was drafted by the New England Patriots in 2004.
and Gachelin are Miami natives; Bennett was born in Milwaukee. All three were
questioned after their arrests Monday by FBI agents at the bureau’s North Miami
Beach regional office. They were then transferred to the Federal Detention
Center in downtown Miami for court appearances Tuesday afternoon before U.S.
Magistrate Judge Robert Dube, according to the clerk’s office. Details of the
alleged scheme are expected to be disclosed in a criminal complaint to be
released later Tuesday.