HAPPY NEW YEAR!

Sorry for the lack of posting during the Holidays. I've been taking it easy, trying to get ready for 2007. The blog will be back up and running on January 2, 2007. Apparently though, the Federal Courts are closed. This just in from the Court's website:

Court Closed on January 2, 2007 for National Day of Mourning
Following President George W. Bush's declaration of a National Day of Mourning to honor the memory of former President Gerald Ford, Chief United States District Judge William J. Zloch announced today that the United States District Court for the Southern District of Florida, at all its Divisions, will be closed to the public on January 2, 2007. Consistent with Federal Rule of Civil Procedure 77(a), the Clerk's Office will follow established protocols for receipt and processing of emergency filings which require expedited judicial attention.

Put that in your pipe and smoke it

Judge Moreno sentenced "a Hialeah carpenter convicted of selling counterfeit Cuban cigars in a high-stakes trial . . . to five months of home confinement on Thursday in federal court in Miami." Prosecutors had asked for five years in prison.

Jose Padilla to be evaluated in courtroom

Last week, Judge Cooke ordered Jose Padilla to be evaluated by a prison doctor to aid in the competency determination. According to the Miami Herald, Mr. Padilla did not object to that evaluation but did object to it being conducted in the prison:

One of Padilla's attorneys, Michael Caruso, argued that his client did not want to go through the examination in shackles in the detention center because it ''conjures up memories'' of his allegedly harmful experience of being detained as an ''enemy combatant'' in a Navy brig for more than three years.

Apparently the Government objected to the evaluation being done in the actual courtroom, and the Court is waiting to see what the jail's position is before ruling.

Sue em!

Things are getting ugly with the new federal courthouse. According to this DBR article by Julie Kay, "the Government Services Administration is considering suing the contractor for the Wilkie D. Ferguson Jr. Federal Courthouse in Miami for construction problems that have delayed the opening of the courthouse by at least 18 months." Lots of juicy tidbits in the article... Worth a read.

Padilla to be evaluated by jail doctor

Here is a good article summarizing the Padilla proceedings today. He will now be evaluated by a prison doctor. "Our position is, we don't have a problem with that," said Assistant U.S. Attorney Brian Frazier. Any bets as to what this prison doctor will say?

And a player to be named later...

Two more prosecutors have left the U.S. Attorney's office -- Chuck Duross is heading to DC to work in the fraud division and Matt Dates is taking a gig with the Red Cross. George Karavetsos was named as Duross' replacement as an Acting Deputy Chief in the Major Crimes Section. Also, Art Wyatt is the new Deputy Chief in the Narcotics Section starting in January (filling the spot vacated by Karen Gilbert when she was named Chief of the Major Crimes Section). Wyatt has been on a two-year detail to Bogota, Colombia as a Resident Legal Advisor for DOJ, and before that, he was working in the HIDTA office.

Weekend news and notes

1. "FIU couple to plead guilty in Castro agent case." FIU Professor Carlos Alvarez is pleading to a conspiracy count, capping his exposure to 5 years. And his wife Elsa is pleading to a misprision of a felony count, capping her sentence at 3 years. She's probably looking at a credit time served sentence of approximately 6 months.

2. Apply to be a magistrate judge in the Ft. Lauderdale division of the Southern District of Florida. (check the left hand side of the page). But only if you've been a member of the bar for 5 years, aren't 70, and aren't related to a district judge...

Padilla status conference Monday

Judge Marcia Cooke will hold a status conference Monday on the issue of Padilla's competency. According to this AP article by Curt Anderson, prosecutors and defense lawyers have agreed that before the case can proceed to trial, Padilla must be found competent after a hearing. Psychological evaluations have been submitted to the judge detailing Padilla's competency issues. Here are some of the findings as reported in the AP article:

• "Reports being suspicious of everyone, including his attorneys, and stated that he does not know who he can and cannot trust. He indicated he was unsure of whether his attorneys might really be federal agents posing as his attorneys.''
• "Appeared to become visibly distressed whenever asked about sensitive topics (his palms appeared to become sweaty ... his body would tense up, and he would rock back and forth).''
• "Is unable to watch video recordings of his interrogation ..."
• "Appears convinced at times that no matter what happens he will be returned to the brig, even if he prevails in the current case.''
• "Was certain that nobody could help him, that he could not be rescued from his current situation.''
• Both experts concluded that Padilla was not faking mental problems and, in Hegarty's words, "is terrified that anyone will consider him mentally ill or crazy.''