Yes, he was convicted on obstruction, but the jury hung on three perjury counts. Enough already.
I'm not sure why a prosecutor should be able to retry a case after he couldn't convince a jury to convict. Isn't that reasonable doubt? To force someone to defend against two federal trials is impossible in every way -- financially and emotionally. The government had its shot in what was a controversial prosecution. Now time to go after a real criminal.
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
Showing posts with label barry bonds. Show all posts
Showing posts with label barry bonds. Show all posts
Wednesday, April 13, 2011
Quick hits
1. En banc 11th Circuit, per Judge Pryor, rules that Orlando can place limits on feeding homeless without violating First Amendment. CSM coverage of the case here:
In a decision announced Tuesday, a federal appeals court ruled against the group, Orlando Food Not Bombs, and gave a green light to city officials to enforce an ordinance restricting weekly feeding of the homeless in downtown parks.
“The city is in a far better position than this court to determine how best to manage the burden that large group feedings place on neighborhoods in the city,” Circuit Judge William Pryor wrote for the unanimous decision of the 11th US Circuit Court of Appeals in Atlanta.
2. Still no Bonds verdict. Day 4 of deliberations today.
3. Via Jay Weaver, ICE chief on paid administrative leave. AOL snitched him out:
The head of Immigration and Customs Enforcement for South Florida has been placed on paid administrative leave, as federal agents investigate four images of child pornography he allegedly received on his home computer via an AOL e-mail account, according to sources familiar with the probe.
4. Front page story about my friend Alfred Spellman and his partner Billy Corben, who are just tearing it up at age 32! Their latest flick, Square Grouper, looks great:
He and Alfred Spellman, both 32, started filming documentaries with their friend David Cypkin when they were in high school, Corben at New World School of the Arts and Spellman and Cypkin at North Miami Beach Senior High School. Now their formerly self-staffed group rakontur employs six full-timers in their Miami Beach house-cum-office.
Even with that growing staff, it’s hard to believe they’ve produced half a dozen award-winning feature-length documentaries, including The U, part of ESPN’s 30 for 30 series. Or that the Miami premiere of their new documentary Square Grouper on Thursday is the first of five premieres set for 2011. Another five full-length features are planned for 2012. Up until now, the group had released about one a year.
In a decision announced Tuesday, a federal appeals court ruled against the group, Orlando Food Not Bombs, and gave a green light to city officials to enforce an ordinance restricting weekly feeding of the homeless in downtown parks.
“The city is in a far better position than this court to determine how best to manage the burden that large group feedings place on neighborhoods in the city,” Circuit Judge William Pryor wrote for the unanimous decision of the 11th US Circuit Court of Appeals in Atlanta.
2. Still no Bonds verdict. Day 4 of deliberations today.
3. Via Jay Weaver, ICE chief on paid administrative leave. AOL snitched him out:
The head of Immigration and Customs Enforcement for South Florida has been placed on paid administrative leave, as federal agents investigate four images of child pornography he allegedly received on his home computer via an AOL e-mail account, according to sources familiar with the probe.
4. Front page story about my friend Alfred Spellman and his partner Billy Corben, who are just tearing it up at age 32! Their latest flick, Square Grouper, looks great:
He and Alfred Spellman, both 32, started filming documentaries with their friend David Cypkin when they were in high school, Corben at New World School of the Arts and Spellman and Cypkin at North Miami Beach Senior High School. Now their formerly self-staffed group rakontur employs six full-timers in their Miami Beach house-cum-office.
Even with that growing staff, it’s hard to believe they’ve produced half a dozen award-winning feature-length documentaries, including The U, part of ESPN’s 30 for 30 series. Or that the Miami premiere of their new documentary Square Grouper on Thursday is the first of five premieres set for 2011. Another five full-length features are planned for 2012. Up until now, the group had released about one a year.
Monday, March 21, 2011
Monday morning
Hope everyone enjoyed their spring break. It's back to work, and here's what's up:
1. Barry Bonds' trial starts today. Apparently, jail isn't at stake, but his legacy is: a jury will be asked to decide whether baseball's home run king set his historic mark while using a long list of banned drugs.
***
For Bonds, 46, who has not played baseball since he was indicted, the stakes are high - even though most experts doubt he will face prison if convicted.
In 2008, Bonds' trial judge, Susan Illston, sentenced two defendants who were convicted of lying to authorities about steroids in sports to home confinement, not prison. That sets a baseline for sentencing Bonds if he is convicted, experts say.
The trial represents a chance for Bonds to repair a reputation badly tarnished by his association with the BALCO steroid scandal, and, perhaps, to secure a place in baseball history that might otherwise be denied him.
If Bonds is acquitted, his chances of being elected to the Hall of Fame "go way up," said former Major League Baseball Commissioner Fay Vincent. "But if he gets convicted, it's the end of the discussion for at least 30 years."
Roger Clemens, who is on trial next, will be watching this one closely.
2. Interesting case being argued this morning before the Supremes, Davis v. U.S.. The issue: The good-faith exemption to the exclusionary rule allows evidence collected in violation of the Fourth Amendment to be admitted at trial if the police officers conducting the search acted in good faith. Does the good-faith exception to the exclusionary rule apply to a search that was authorized by precedent at the time of the search but is subsequently ruled unconstitutional?
The case came out of the 11th Circuit, and Orin Kerr of the Volokh Conspiracy will be arguing for Mr. Davis. ScotusBlog has great analysis of the case here.
3. You can bet on one thing in Davis -- Justice Alito will vote with the government. From the Sunday NYT: Alito is the least likely justice to show a glimmer of concern for the rights of criminal defendants. He has ruled for the defense in only 17 percent of the criminal cases he has heard since he joined the court, putting him to the right of Roberts, Scalia, Thomas — and every other justice of the past 65 years other than William Rehnquist...
Strangely, the title of the piece is called: "Mysterious Justice." Nothing mysterious about Alito -- he's the most predictably conservative judge on the Court.
4. There's always a lot of talk about how judges should write opinions. Rumpole doesn't like the Judge Selya style of opinion writing (Selya's interview on How Appealing is entertaining). I wonder what he thinks of this.
1. Barry Bonds' trial starts today. Apparently, jail isn't at stake, but his legacy is: a jury will be asked to decide whether baseball's home run king set his historic mark while using a long list of banned drugs.
***
For Bonds, 46, who has not played baseball since he was indicted, the stakes are high - even though most experts doubt he will face prison if convicted.
In 2008, Bonds' trial judge, Susan Illston, sentenced two defendants who were convicted of lying to authorities about steroids in sports to home confinement, not prison. That sets a baseline for sentencing Bonds if he is convicted, experts say.
The trial represents a chance for Bonds to repair a reputation badly tarnished by his association with the BALCO steroid scandal, and, perhaps, to secure a place in baseball history that might otherwise be denied him.
If Bonds is acquitted, his chances of being elected to the Hall of Fame "go way up," said former Major League Baseball Commissioner Fay Vincent. "But if he gets convicted, it's the end of the discussion for at least 30 years."
Roger Clemens, who is on trial next, will be watching this one closely.
2. Interesting case being argued this morning before the Supremes, Davis v. U.S.. The issue: The good-faith exemption to the exclusionary rule allows evidence collected in violation of the Fourth Amendment to be admitted at trial if the police officers conducting the search acted in good faith. Does the good-faith exception to the exclusionary rule apply to a search that was authorized by precedent at the time of the search but is subsequently ruled unconstitutional?
The case came out of the 11th Circuit, and Orin Kerr of the Volokh Conspiracy will be arguing for Mr. Davis. ScotusBlog has great analysis of the case here.
3. You can bet on one thing in Davis -- Justice Alito will vote with the government. From the Sunday NYT: Alito is the least likely justice to show a glimmer of concern for the rights of criminal defendants. He has ruled for the defense in only 17 percent of the criminal cases he has heard since he joined the court, putting him to the right of Roberts, Scalia, Thomas — and every other justice of the past 65 years other than William Rehnquist...
Strangely, the title of the piece is called: "Mysterious Justice." Nothing mysterious about Alito -- he's the most predictably conservative judge on the Court.
4. There's always a lot of talk about how judges should write opinions. Rumpole doesn't like the Judge Selya style of opinion writing (Selya's interview on How Appealing is entertaining). I wonder what he thinks of this.
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