Tuesday, January 02, 2018

Mickey Munday Motion

Self-proclaimed Cocaine Cowboy Mickey Munday is going to trial before Judge Scola in a fraud case involving car title.  The Government wants to use all of his old Cocaine Cowboy interviews, including from the Billy Corben/Alfred Spellman movie itself, because his cocaine exploits as well as the current case involve “transportation.”  The feds also want to use his Twitter feed, news interviews, and so on.  The whole motion is below, but here is an excerpt about Cocaine Cowboys:
 In 2006, the Defendant starred in the documentary film “Cocaine Cowboys.”  The documentary focuses on the importation and trade of drugs in Miami in the 1970s and 1980s.  The Defendant brags about his ability to smuggle drugs and his proficient evasion of law enforcement.  For instance, the Defendant discusses his use of code words, such as “coming in the front door” or “children in the water,” to evade law enforcement.  The Defendant also states that he would move contraband through the use of a tow truck, a trailer, and a work order.  Further, there is video of the Defendant loading a car onto a trailer.  At trial, the Government intends to offer the testimony of Messrs. Johnson and Carrington, who will discuss their use of code words with the Defendant as part of the conspiracy.  For instance, if a car were to come up as stolen, the Defendant and his coconspirators would refer to it as a possible “Signal Ten.”  Mr. Johnson will testify that the cars hidden at the Defendant’s house were referred to as “Orphans” and the Defendant’s house was referred to as the “Orphanage.”  Similarly, if a lienholder were attempting to locate a car, the Defendant and his conspirators would refer to the car as a “Problem Child.”   Here, just as in the video, the Defendant used a tow service company to serve as a cover for his illicit activity and allow him to transport contraband while maintaining, at least as to the Defendant, plausible deniability.  




Mickey Munday Motion by David Oscar Markus on Scribd">

12 comments:

Anonymous said...

Any predictions on the ruling?

Anonymous said...

He definitely let's it in. Defense should let it come in and argue prosecution putting on a side show due to lack real evidence.

Rumpole said...

Who's the defense?

David Markus said...

Rick Yabor

Anonymous said...

"Defense should let it come in." Remind me never to hire you.

Bob Becerra said...

I would oppose that motion. Slime is hard to remove once you get it on you.

Anonymous said...

Normally I agree keep all dirt out, but in this case the jury would probably know the guy was a cocaine cowboy anyways. Also the charged crime is so different than drug trafficking, and putting on a movie which could be fictional and dramatized seems pretty desperate, in my opinion. Seems too much to me.

Anonymous said...

Have the guy take the stand and laughingly explain the movie and the tweets.

Anonymous said...

kind of like charging Walter Matthau with littering in a park and then playing The Odd Couple at his trial.

Anonymous said...

Typical SDFL fashion, “Give a dog an ill name and hang him” instead of presenting real evidence of the charges at issue.

Rumpole said...

I love the Odd Couple comment. But then, I love the Odd Couple.
Best Sit Com ever.

Anonymous said...

4:10
It could be said that 404b is itself evidence of the charged crime--intent--and that it's not just typical SDFLA--it's typical everywhere.