There was a little dust-up on the FACDL Listserv this weekend over a cross examination conducted by an assistant public defender named Carl Vizzi back in the mid-80s. I had never heard of Vizzi or this cross, but the AP covered it back in the day. The cross won Vizzi’s client an acquittal and also landed him in jail.
During cross-examination of the alleged victim on Wednesday, Vizzi called her an exhibitionist and her husband a voyeur, adding, ″You turn tricks, don’t you?″How would this cross have gone over in today’s climate where the ABA in considering a resolution that would shift the burden to defendants to show affirmative consent. After numerous organizations opposed the resolution, it appears to be dead.
At one point, Vizzi slammed two quarters on the witness stand and said, ″You’ll dance nude for 50 cents. What would you do for a dollar?″
The woman charged that the defendant kidnapped and raped her, but the man claimed he had paid the woman for sex.
Holding Vizzi in contempt, Donner said, ″Any rape victim who had the misfortune to observe your conduct would have never continued with a rape prosecution.
″The cross-examination was scandalous, to say the least.″
Vizzi told Donner that he did not mean to violate her orders.
″I defended this man vigorously because I honestly believed he was falsely accused,″ he said.
UPDATE — A helpful commenter points out the 3rd DCA case on the contempt order, which was upheld. Some additional cross, which formed the basis of the contempt order:
"Q. Isn't this place a front for prostitution?SECOND UPDATE -- in the comment section, Judge Amy Steele Donner makes the following comments. Thank you for commenting for the blog Judge Donner:
MR. BAGLEY: Objection; this is irrelevant, Judge.
THE COURT: Sustained.
. . . .
BY MR. VIZZI:
Q. Isn't it true that girls that work at Live Peeps will often take coffee breaks to do things with the customers who liked how they danced and liked their body —
MR. BAGLEY: Objection.
Q. — and wanted to do a little bit more with them that could be done in those rooms where you work?
Isn't it true that that happens all the time?
MR. BAGLEY: Objection; improper question. It's a compound question and furthermore its irrelevant.
THE COURT: Sustained."
Later, he engaged in the following cross examination of the complainant which led to his contempt conviction:
"Q. Isn't it true that your 19-year-old now-husband doesn't like you to work after hours doing extra things other than work at Live Peeps?
MR. BAGLEY: Objection, your Honor; that's irrelevant.
THE COURT: Sustained. Move on, Mr. Vizzi.
BY MR. VIZZI:
Q. Isn't it true that your husband is a voyeur and you're an exhibitionist and he doesn't like it to get any further than that. He gets sexual gratification when you take your clothes off, but he gets very angry when you perform tricks with customers?
MR. BAGLEY: Objection.
THE COURT: Come to side-bar, Mr. Vizzi.
He actually was a pretty bad lawyer and that was the only case he won in front of me. He also came to my house with his baby begging not to be put in jail. Coming to my house uninvited was also a violation of his oath and the order he violated was the rape-shield law, not that I personally enacted it. The prosecutor was the esteemed former circuit judge, Gerald Bagley who would definitely agree with my analysis of his trial behavior. Amy Steele Donner
15 comments:
Cross doesn't see so bad now or then - the issue is what was the Order that Donner had issued which he supposedly violated?
Here is the opinion - Vizzi v. State, 501 So. 2d 613 (Fla. 3d DCA 1986)
Cross that apparently landed him in trouble was not one that was reported by AP.
It was interesting to read the 3 DCA uphold the 5 days and still compliment him on his performance in the trial and write what a respected lawyer he was - must have been quite a guy.
"This is a woman who's trash, gutter filth." That's enough to affirm.
Remember the indian tribe/Lewis and Tein kerfuffle? Here's how it ends: https://efactssc-public.flcourts.org/casedocuments/2017/36/2017-36_miscdoc_354512_f01.pdf
Is that "Mr. Bagley [prosecutor]" the same Judge Jerald Bagley? I seem to recall he was an assistant state attorney about that time.
Carl Vizzi was cut from a different cloth. He was superb. He was courageous and he was dedicated to his clients. I recall many years ago sitting in his cramped PD office and the wall was adorned with framed letters from inmates all over the US who had read his refusal to back down defending his client and praising him. Most wrote something like that if they had a lawyer like him they would not have been convicted. In the pantheon of great REGJB criminal defense attorneys Carl has a special and secure spot. He is often overlooked but I am glad to see not forgotten. Well done DOM.
He actually was a pretty bad lawyer and that was the only case he won in front of me. He also came to my house with his baby begging not to be put in jail. Coming to my house uninvited was also a violation of his oath and the order he violated was the rape-shield law, not that I personally enacted it. The prosecutor was the esteemed former circuit judge, Gerald Bagley who would definitely agree with my analysis of his trial behavior. Amy Steele Donner
Too bad Carl is not alive to respond to the Judge, who waited until her last day on the criminal bench to put him in jail, something she had been waiting to do for months. I agree with Rumpole in his evaluation--Carl was a mentor to me and many other attorneys who had the privilege to know him. Judge Donner never liked aggressive defense attorneys (Carl had learned his craft in the Manhattan criminal courts) and wanted the spotlight to always be on her during the few trials she actually oversaw in her time in the criminal division.
The Judge's response reads like a Trump tweet.
The judge's comments tell the story of how she conducted herself. What a clown.
I like judge Donner and must reluctantly agree her comments are cringe-inducing, mostly because Carl is not alive to defend himself. I could envision her writing a comment in which she talked about the rape shield law and her obligation to follow the law and sustain the objections. What is unbecoming is her personal attack on Carl. I do not know if him visiting her home is true. It does not sound like Carl, but Judge Donner is not a liar. And her comments about his trial skills just reads like sour grapes. She got a lot of bad press on the incident and its obviously still a sore spot. I think she should have kept the house visit to herself, as well as the disparaging comments about Carl and the gratuitous reference to Judge Bagley who is very well respected and was one of the top prosecutors at the SAO. To his credit Judge Bagley has for now kept quiet on this issue and knowing him, I am not surprised.
BTW- stay in your own lane and leave the REGJB stuff alone por favor.
Donner became a judge only because her and her husband paid almost one million dollars to achieve the black robe. As a lawyer I doubt she ever tried a case or had a law practice. Obviously, the acquittal sticks in her throat even now. She was unqualified to be a judge even by the low bar we have in dade county.Only her large pocket bought her "respect" among her social friends at La Gorce Country Club. I didnt know Carl, but he sounds like an aggressive PD that Phil Hubbart and his young turks would have been proud of. Having been sentenced to jail is a badge of honor for a criminal defense attorney. If you are not ready to face that then join an insurance company as in house counsel.
Put it in context rump by reading your comment that precipitated hers- you were trying to make the guy some folk hero. She just set the record straight. She provided the FACT that he won only a single trial in front of her as a PD. If he was so superb how do you explain that? And who cares if she disagrees with your assessment that he was superb and courageous? She cant opine Just because he passed away? Did the guy pass away this week or something? If not, its no big deal.
You re just upset because you portrayed the guy as courageous without evidence, and she destroyed your weak claim by actual fact.... including that mr courageous came WITH his kid begging TO THE JUDGES HOME.
If only we could all be so superb!
Takes a real piece of shit to to make those comments about a dead man. What a mean spirited hack.
Ms. Donner is no longer a judge and therefore there is no need to demean the title any more in her regard.
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