Much, Much Too Soon

By Michael Caruso

They say you don’t know a person until you live with them. I would say that you don’t know a judge until you try a case in her courtroom. Before she took the bench, I heard from a colleague that Judge Cooke would be a great addition to our court (you were right, Hugo). Once she took the bench, I wandered into her courtroom to watch David in action, and she impressed me (for what that’s worth) with how she handled the jury, witnesses, and lawyers. But I had never met her. 

Shortly after, my boss assigned me to a case before Judge Cooke. My involvement began in 2005. The pre-trial preparation and litigation spanned two years, the trial lasted six months, and the sentencing, appeal, and resentencing extended the case until 2014. Over those nine years, I got to know Judge Cooke reasonably well, but only as a judge. When I started working with the CJA Committee, where Judge Cooke acted as the court’s member, I began to get to know her as a person.

And that’s what I’ll remember and miss the most. Judge Cooke seemed to have a never-ending supply of sayings and comebacks that always made me smile. Because I was a cook in my previous life, we often talked about food, and sharing a meal with her always was a special event for me. Despite not having a team in common, we bonded over our love of sports. I could go on and on. But, at bottom, although Judge Cooke was a truly excellent and outstanding judge, as a person, she was an extraordinary gift to all who knew her. 

Undoubtedly, others knew Judge Cooke longer and better. I’m happy I knew her at all. Rest in peace, Judge.

Judge Gold taking inactive senior status

Judge Gold just announced that as of October he will be an inactive senior judge, take no more cases and close his chambers.  This is very sad as Judge Gold is one of the finest judges, not only in the District, but in the country.  I wish him well.


Meantime the District is busy as ever.  Our new Chief Judge, K. Michael Moore, tried 3 cases in a week.  Judge Altonaga just tried a case with two juries.  And Judge Scola interestingly had a trial with a deaf juror. 


Of course, the marathon trial involving former Mayor Pizzi is slogging forward.  The Herald has the update on that trial.  I wonder how much this trial -- about a supposed bribe of $6,000 -- is costing.  Anyway, here's the update:

Candia testified that he gave the $1,000 bribe to Pizzi in December 2012, arranged another $2,000 payoff at a Miami Lakes billiard club in Feburary 2013 and, after he flipped for the feds, gave the mayor a final $3,000 bribe in a storage closet at Medley Town Hall in July of last year.
Pizzi’s defense team claims the mayor never received the $1,000; accepted the $2,000 in a cigar bag but gave it away without realizing the money was stuffed inside; and took the $3,000 as a reimbursement for a personal expense on behalf of a Miami Lakes political action committee.
Pizzi’s defense strategy has been to raise critical doubts about his accepting the bribes in return for political favors. It has also aimed to discredit Candia and the lead FBI undercover agent. Both admitted on the witness stand that the mayor had not been involved in any actual corrupt activity before the undercover operation was launched against Pizzi and numerous other South Florida mayors and officials in 2011.
The sting operation originated when the FBI retained a Miami-Dade lobbyist, Michael Kesti — code name “Stingray” — as an informant. Kesti directed them to Candia, who was close to Pizzi and other small-town mayors.
Last week, Candia testified in detail about his role in the three alleged bribes. The lobbyist said that Pizzi, after getting “spooked” when the undercover agents described the federal grant program as a “money grab” in February 2012, agreed to reconnect with them after his re-election victory that November.
Candia, who had raised thousands of dollars for Pizzi’s campaign through the lobbyist’s own political action committee, testified that the mayor approached him about getting involved again in the grant program.
“Mr. Pizzi brought it up with me,” Candia testified.
That led to a dinner at Shula’s steakhouse on Dec. 13, 2012, where Candia, Kesti, the FBI informant, the undercover agents and Pizzi discussed the federal grant scheme. It was pitched as a no-cost way for municipalities to obtain government funds for a jobs study and economic development.At dinner, Pizzi told the lobbyist and the undercover agents posing as the Chicago businessmen that he wanted them to donate money to his upcoming Christmas toy drive that weekend. FBI recordings of the meal revealed that they did not take the mayor seriously.
Later that night at the nearby billiard club, Pizzi told Candia that he wanted $1,000. And the lobbyist relayed that message to the undercover agents.
Candia told them that Pizzi wanted the money to “buy toys for kids,” according to the undercover recordings.
Pizzi’s attorney, Shohat, confronted the lobbyist about his statement on the tape, saying it showed that the mayor did not want anything for himself.
Although Candia admitted saying that, he testified he meant it “sarcastically.”
The next day, Candia, still a target of the probe, met with the undercover agents at a Holiday Inn in Miami Lakes. They gave him 10 $100 bills in a white envelope to give to Pizzi, the lobbyist testified. He also said they gave him an endorsement letter for the federal grant application in Medley, so Pizzi could sign it.
According to the undercover recordings, Candia later spoke with the FBI informant, Kesti, who asked: “Was [Pizzi] happy with the, uh, the gift?”
Candia’s response: “Abso-, absolutely.”

Happy meal lawyer sanctioned

Judge Laurel Myerson Isicoff ordered William P. Smith, of the famous comment that the judge was "a few french fries short of a Happy Meal", to take an online course in professionalism administered by the Florida Bar. Smith could have had his pro hac vice license pulled, which would have been a big blow to his practice. In addition, he is going to do pro bono work and has agreed to step down as the head of McDermott Will & Emery's bankruptcy practice.

Did this thing get a wee bit overblown? Thoughts?

You can't make this stuff up...

Pot smoking judge resigns.

Judge of 50 years resigns for sexual comments.

Lawyer really really really sorry for happy meal comments to judge. (previous coverage here).

And police officers arrest man for asking them for warrant before cutting down his tree during the citrus canker days.* Then they make him watch the cutting down of said tree before throwing him in the slammer for 18 hours. Happy ending -- After a trial before Judge Lenard, a jury awards man some money.

Keep laughing Mr. Lat!!

*The cutting down of our fruit trees was perhaps the dumbest policy decision ever in this State. Is everyone still enjoying their $50 giftcards? (But I'm biased: See Markus v. Department of Agriculture, 785 So.2d 595 (3rd DCA 2001)).

News and Notes

1. Mario Claiborne has died, via Scotusblog. This is big news for judges, prosecutors and criminal defense lawyers around the country who have been waiting for the Supreme Court to decide United States v. Claiborne, which was to give us all more guidance on how sentencing hearings should be conducted post-Booker.

UPDATE -- the Supreme Court dismissed the case on June 4.

2. The DBR follows up on the Happy Meal comment to Bankruptcy Judge Laurel Myerson Isicoff that we covered earlier. Now that we are the DBR affiliate blog, we thought that we might get some props along with Abovethelaw, who broke the story...

"[You are] a few French Fries short of a Happy Meal."

That's what a lawyer (a partner from McDermott Will & Emery -- Chicago) said to bankruptcy Judge Isicoff here in the SDFLA. Here's the whole story and the transcript from Abovethelaw.com.