The U

The buzz around town this morning is the documentary "The U," which played Saturday night on ESPN as part of their 30 for 30 series. I have discussed it a bit in prior posts, but I had no idea how unbelievable the movie was going to be. I had very high expectations, but the movie far exceeded anything I could have hoped for. It transported me back to the late 80s, watching UM games with friends. If you haven't seen it, make sure you do.

Kim Rothstein in the news

That's her high school yearbook picture. Brittany Wallman of the Sun-Sentinel has a great in-depth piece on Kim Rothstein. Bob Norman's wife scooped him!
From the article:

A health crisis struck when she was 12. She collapsed at a Plantation Central Park karate tournament. Doctors found she had a blood vessel disorder in her brain, a condition that causes seizures and headaches. She took a break from her beloved sport.
A 4.0 student at Seminole Middle School in Plantation, she became depressed and her grades slipped, the Sun Sentinel reported at the time.
But she made a comeback, despite the health risks.
"She's a great example of a never-quit attitude,'' her late grandfather John Shaffer told the newspaper.
"She is both charming and intelligent. Her accomplishments in karate are rather amazing,'' her doctor told the newspaper.
She went on to South Plantation High School.
After graduating in 1992, she and her mother owned and operated a wellness center on University Drive in Davie, selling books and offering classes on yoga, belly dancing and reiki. She is a spiritual person, a practicer of Transcendental Meditation, and a good person, said Linnet O'Neal, a longtime acquaintance. Since meeting her now-husband, Kim has been studying Judaism.
O'Neal shopped at the store and eventually bought it from Kim's mother, a spiritual adviser who now works at a holistic health center.
"You've heard of people who are gifted clairvoyantly, who have intuition where they guide people almost as a life coach? Lynn is a wonderful teacher, and very humble and giving person. And Kimmie is a very humble and very sweet girl,'' O'Neal said.
About nine years ago, Kim Rothstein went back to school to obtain her real estate license, making her mother proud, O'Neal said.

Ben Kuehne thanks his supporters

It was a packed event tonight as judges, former prosecutors, defense lawyers, and many others in the community came to celebrate with Ben. To the left is a picture of Ben from the party. And here are his remarks:

“Let there be Justice, and then no one will ask for anything unjust.” So proclaimed the revered patriot, lawyer, and scholar Jose Marti.

I am here today as proof to all that Justice lives in America. That we live in a time in a Nation that honors the message of philosopher Alan-Rene Lesage: “Justice is such a fine thing that we cannot pay too dearly for it.”

We are all fortunate to say we have a Justice Department whose goal is to try to do the right thing. I am humbled that the Department of Justice made the honorable decision to do the right thing.
As Dr. Martin Luther King enunciated, “the time is always right to do the right thing.” The Department’s timing was impeccable.

And I do not mean the right decision just for me. Instead, the inevitable resolution of my own legal drama is a reaffirmation by the highest powers of our Government that lawyers, including criminal defense lawyers, serve an essential – a vital -- purpose in our society. Our professional endeavor of testing the government, checking the exercise of public power, and challenging our institutions in an ethical but adversarial manner – what we do every day – is an honorable cause.

One of the great trial lawyers of our time, Edward Bennett Williams, observed that “Law is but a means; justice is the end.” We lawyers serve that cause of justice, and this outpouring of community support is a welcome approval of that cause.

Seekers of justice see our system as one that actively embraces achieving the right result, with our independent judiciary willing to reach correct conclusions defined by the law and the facts.

I readily applaud the several brilliant jurists who were so willing to apply the law as it is, as it should be, without fear of criticism. I am the beneficiary of the attention and “eminently correct” rulings by several of the very finest federal judges to serve the public interest.

Although it is understandable in the crystal clear light of hindsight that my legal case is what we refer to as a “No Brainer”, that it became so is the direct result of my dedicated team of outstanding lawyers: led by John Nields, Jason Raofield, and Laura Shores from Howrey in Washington, D.C., and my good friend, Jane Moscowitz, from Miami. I publicly thank them for their skill, dedication, and commitment to me and the precedent-setting value of my case.

But the reason for this Appreciation Reception is because of you, your support and attention to my case and the underlying message of enabling lawyers to be lawyers, without fear of retribution or prosecution. This day would not have been possible without all of you serving as the constant, pervasive, and effective foundation for my demonstration of innocence.

A message repeated by our independent Fourth Estate, our media. I am gratefully indebted to the Miami Herald and its court’s reporter Jay Weaver, and the Daily Business Review, especially John Pacenti, as well as the other journalists both locally and nationally, who consistently reported the truth of my case. The message was heard loud and clear, and helped to bring about a fitting end to my case.

I work daily with a stellar group of lawyers and legal professionals who never abandoned me, content with the knowledge that I would prevail in this classic battle. Allow me the privilege of thanking Susan Dmitrovsky, Bob Ader, Beth Hitt, Robert Hertzberg, and Amanda Maxwell, as well as Mirta Rodriguez, Sandy Hart, Leeza Bodes, Serena Young, Luly Moreno, and especially Barney Brown, who after being exonerated after serving 38 years in prison for a crime he did not commit, works with me as my legal intern.

President Kennedy once observed that “Our nation is founded on the principle that observance of the law is the eternal safeguard of liberty, while defiance of the law is the surest road to tyranny.” As lawyers and community leaders, we must lead the way to ensure that observance of the law is ingrained in our society, so that no one, not even the government, can claim a right to ignore or countermand the rule of law.

Let us sharpen our pencils and write a clear message to those in our community who may not understand and appreciate the abiding passion for justice in our nation: Our diligence every day, as directed by our Constitution, to provide effective counsel to our clients, is the keystone to our democratic way of life.

Throughout this legal drama, my greatest strength has been the unsinkable spirit and love of my wife, Lynn, and our entire family. I want to thank them for knowing who I am, and of my sincere dedication to the law.

Allow me to close with a story about Rudyard Kipling, one of the great writers. In the prime of his career, it was said he was making the previously unheard of sum of one shilling per word. Learning of this, a group of Oxford students, on a lark, decided to wire the Great One a single shilling and ask, in return, for one - just one – of his very best words. Soon enough, Kipling wired back just one word: “THANKS.”

I thank you – all of you who work so diligently to bring justice to our community, our courts, our nation – most appreciatively for giving me the opportunity to work with so many great people in making our America and our community a better place.

Well said!

Here's our prior coverage of Ben's case.

Quick Hits

Sorry for the slow blogging. I'm getting killed over at work. But quickly:

1. Josephus Eggelletion pleads guilty to money laundering, will resign (via Miami Herald).

2. Liberia victims to face Taylor's son in US court (via AP).

3. Obama's acceptance speech (via London Times).

4. ALI pulls plug on standards for death penalty (via Ellen Podgor at White Collar Crime Blog)

We'll be back soon.

AUSA David Haimes named Broward Circuit Judge

Congrats to long-time federal prosecutor David Haimes on his appointment to the state bench. Here's Gov. Crist's press release:

Governor Charlie Crist today announced the appointment of David A. Haimes of Plantation to the 17th Judicial Circuit Court.
“David epitomizes the spirit of a dedicated and committed public servant,” Governor Crist said. “With over 15 years of legal service under his belt, I am confident he has the expertise and insight to serve the people of the 17th Circuit well.”
Haimes, 44, has served in the United States Attorney’s Office as an assistant U.S. attorney since 2003. Previously, he served as an assistant state attorney with the Florida State Attorney’s Office of the 17th Judicial Circuit from 1999 to 2003; as a judicial law clerk for the Honorable William Dimitrouleas from 1998 to 1999; as a trial attorney with the U.S. Department of Justice from 1995 to 1998; and as a judicial law clerk for the Honorable William J. Zloch from 1993 to 1995. He earned a bachelor’s degree from University of Notre Dame and a law degree from Notre Dame Law School.
Haimes will fill the vacancy created by the retirement of Judge Robert B. Carney, effective December 31, 2009.

Hat tip: JAABlog.

"Gotta get away from my lawyer. Sit tight. Say nothing. Write nothing. Brooklyn to bronx. I'll make u famous."

That was Scott Rothstein texting with Sun-Sentinel reporter Mike Mayo. They had nicknames for each other and everything. Rothstein kept up a con with Mayo, promising him that he would get the exclusive Rothstein interview -- I guess to keep Mayo from writing anything too critical about him. Mayo details the exchanges here. It's an interesting read.

Of course, the most comprehensive place to go for Rothstein news is the Daily Pulp. Bob Norman is just churning out news over at his site. Good stuff.

In other news:

1. Ex-Broward Commissioner Josephus Eggelletion to plead guilty (via Herald). Looks like Ben Kuehne is back to work -- he and Kendall Coffee are representing Eggelletion.

2. SFL covers Judge Moreno's decision to pay Roberto Martinez and Colson Hicks $4.5 million more than initially approved for work as a receiver. Although Judge Moreno gave less than Martinez was asking for, he still about double the hourly rate that was billed ($450 vs. $218). Any thoughts on this? Should CJA lawyers be able to ask for a kicker when they do good work?

3. Honest-services fraud is before the High Court this week. Should be really interesting. More on this later, but here's a primer from USA Today.

Ben Kuehne event and other weekend news

This should be something:

BENEDICT P. KUEHNE
In Grateful Appreciation of the
Overwhelming Community Support of his Innocence

Invites the Community to his
APPRECIATION RECEPTION
On the Occasion of his Vindication

Sky lobby
Bank of America tower
100 S.E. 2nd Street
Miami, Florida 33131
Thursday, December 10, 2009
5:30 p.m. – 7:30 p.m.
RSVP to: RSVP@kuehnelaw.com

In other news, former AUSAs Mike Tein and Richard Scruggs sqaured off before their state court trial, which starts Monday morning. Tein filed a motion alleging prosecutorial misconduct and the judge allowed Tein to cross-examine Scruggs. Apparently, there were fireworks:

Fri., Dec. 4 2009 @ 9:11PM




Richard Scruggs is usually the guy asking people tough questions and getting witnesses to spill the beans. But today Miami-Dade's veteran public corruption prosecutor was on the receiving end of an intense grilling. And he was not enjoying himself.It went down inside the courtroom of Judge Beatrice Butchko in the Miami-Dade criminal justice building at 1351 NW 12th Street. The man putting the screws on Scruggs was Michael Tein, the criminal defense lawyer representing Rev. Gaston Smith, who is facing grand theft charge for allegedly stealing $17,000 in county grant money.Tein accuses Scruggs of prosecutorial misconduct in Smith's case.During several hours of testimony this afternoon, Scruggs's answers went from terse to angry. At one point he growled: "Mr. Tein will you calm the rhetoric please."He repeatedly denied he acted with malicious intent when he waited a month to inform Smith and Smith's other criminal defense attorney that a Miami-Dade police detective had secretly recorded two conversations they had with Scruggs and investigators before the clergyman was indicted. Tein zealously quizzed Scruggs if he ever informed Smith that he was a criminal target during the pastor's interviews before he was arrested. "No, no, no, no," Scruggs grumbled. "You got that!"
***
Scruggs disputed comments attributed to him by Miami New Times staff writer Gus Garcia-Roberts in this profile of Smith. He claims he never told Garcia-Roberts Smith had rejected a plea deal in exchange for his testimony against suspended Miami city commissioner Michelle Spence-Jones. (Scruggs is prosecuting her for allegedly stealing $50,000 in county funds.) Scruggs also denied telling Garcia-Roberts that he had reported Smith to the Internal Revenue Service for possible tax evasion. "Absolutely not," Scruggs said under oath. "I don't recall talking about taxes at all."Judge Butchko appeared skeptical. She asked: "So how would the reporter know that if he didn't get it from you? Is the reporter clairvoyant?"Scruggs' reply: "I don't know." He said that alot during his inquisition. And the assistant state attorney conceded that he did tell Garcia-Roberts that Smith "was caught with his hand in the cookie jar." But he claimed it was off the record.Then Scruggs revealed something that just made no sense. When Tein asked him why he didn't complain to New Times editor Chuck Strouse or demand a correction, Scruggs says he decided not to because "no one reads this stuff anyway." Tein: "No one reads the New Times?"Scruggs: "Yeah, Uh-huh."

Apparently, court went until 9:30 Friday night with Tein throwing punch after punch against Scruggs. This trial (preview here by the Miami Herald) should be a fun one to watch.

UPDATE -- here's another New Times article on the hearing, and here is a portion of the transcript including part of Tein's cross of Scruggs and the judge's ruling.

See you all at this event

The Steve Chaykin Fellowship event is coming up:

When: Saturday, January 9, 2010

6:30 pm -- Cocktail Reception

8:15 pm -- Concert

Where: Gusman Hall
University of Miami
Coral Gables Campus

On Saturday evening, January 9, 2010, a Reception and Concert by Grammy Nominated Jazz and Blues Artist Marcia Ball, will be held at the Gusman Concert Hall, on the University of Miami Campus. All the proceeds will benefit the Steven E. Chaykin Fellowship at the Center for Ethics and Public Service, at the University of Miami School of Law.

More information about this event can be found on the web at http://www.chaykinfellowship.com/ or by calling Susan at (305) 374-7771. The Steven E. Chaykin Fellowship Trust is a 501(c)(3) corporation, and a portion of your donations may be tax deductible.