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
As has been widely reported, R. Kelly was convicted yesterday of racketeering and sex offenses. Racketeering? Well, the government used the below exhibit, which has been flying around some of the listservs and has garnered lots of debate. Do you think it was proper for the judge to admit this gov't exhibit?
Totally proper if a witness testified to the organizational structure of the RICO enterprise. No different than an organized crime case where a witness testifies about the structure of the organization, complete with photos of the consigliere, captains, etc. Is the red octopus somehow prejudicial? No f-ing way.
ReplyDeleteComparing a defendant to an animal is inappropriate.
ReplyDeletehttps://www.wsj.com/articles/131-federal-judges-broke-the-law-by-hearing-cases-where-they-had-a-financial-interest-11632834421
ReplyDeleteCrosses the line.
ReplyDeleteIf I were the judge I would have disallowed it as silly. Give me a break. The octopus is not prejudicial to the defendant, but it is prejudicial to the practice of law and the sanctity of the criminal justice system. The Judge should have said, "get the fuck out of here with that cheap shit. If you want to pull stunts like that, get a billboard on I95 and litigate PIP cases." And he should have said it in those words. (I know, sanctity...whatever)
ReplyDeleteIf his lawyers want to try to make hay out of it on appeal, we can guess what the answer will be.
ReplyDelete"Harmless error..."
Why does the Gov always play GAMES?
ReplyDeleteI just always thought the govmint should be held to a slightly higher standard. Imagine how giddy they were when they thought of the idea and the judge let it in.
ReplyDelete