Jury votes for death in Turnpike murder case

The Sun-Sentinel has the story here. It's the first time a jury has voted for the death penalty in this District since the feds authorized it back in 1988:

Two men who executed a family of four on Florida's Turnpike deserve to die for the murders of the two young children they shot, a jury decided with a 12-0 vote on Tuesday afternoon.The same jury that convicted Daniel Troya and Ricardo Sanchez Jr. earlier this month of killing Luis Escobedo, his wife Yessica Guerrero Escobedo, and their two sons Luis Julian, 4, and Luis Damian, 3, on Oct. 13, 2006 voted to impose the death penalty on both men – but only for the murders of the children. The two will receive life sentences for the murders of the two adults.The unanimous verdict marks the first time a federal defendant has been condemned to death in Florida since Congress reauthorized capital punishment in 1988. Since then, prosecutors unsuccessfully sought the death penalty at least three times in South Florida but failed to persuade jurors. A unanimous jury vote jurors is required to impose the death penalty in federal cases.

One of the defendants reacted to the verdict:

There was a scuffle in the courtroom after the jury was dismissed.Troya began making inaudible comments and would not stop talking after he was told to be quiet.He picked up a bottle of water and threw it. The bottle did not hit anyone but U.S. Marshals wrestled him to the ground and pulled him from the courtroom.Troya's family members, including his mother and sister, called out: "Daniel, no" and asked the federal agents not to hurt him.

This case will not end here obviously. The appellate process will take some time...

Prosecution rests in Castroneves trial

Curt Anderson has the story.

So, will Helio testify?

Although I am blogging this from my Blackberry, I promise I am not doing it inside the courtroom!

Who wants to be a federal judge?

John Pacenti has the story in today's DBR:

Even before a call for official applications, some prominent names are swirling in the Miami legal community to replace U.S. District Judge Daniel T.K. Hurley, who took senior status.

Federal Public Defender Kathleen Williams and Miami-Dade Circuit Judge Robert Scola are expected to apply. Sources say three other Miami-Dade judges — Kevin Emas, Mary Barzee Flores and Darrin Gayles — also plan to throw their hats into the ring.

Flores spent more than a decade as an assistant public defender before taking the bench in 2003. Emas was on the short list for the Florida Supreme Court twice last year.

Attorneys Michael Hanzman, a name partner with Hanzman Gilbert in Coral Gables, and Judith Korchin, a Holland & Knight partner in Miami, also are expected to be in the mix when the Federal Judicial Nominating Commission seeks applications. A notice is expected any day.

So far, the lawyers who are said to be interested in applying are exclusively from the Miami area even though Hurley sits in West Palm Beach. The Southern District has recommended to the administrative office of the 11th U.S. Circuit that the new judge be assigned to Fort Lauderdale, according to the office of Chief U.S. District Judge Federico Moreno.


http://www.dailybusinessreview.com/news.html?news_id=54105


--David Oscar Markus
www.markuslaw.com
305-379-6667

"Once a power couple, Kevin and Mary McCarty pay for ill-gotten gains"

That's the headline from the strong coverage of the McCarty case - she was a Palm Beach Commissioner - from the Palm Beach Post. Here's the link:

She pleaded guilty in the morning (before judge Middlebrooks) and her husband was sentenced in the afternoon. I thought the sentencing of Kevin McCarty was interesting: Judge Ryskamp varied down from the agreed on sentence. From the article:

Ryskamp handed down a sentence shorter than prosecutors and defense had settled on in Kevin McCarty's plea agreement.

Citing a recent argument by U.S. Supreme Court Justice Antonin Scalia, Ryskamp also expressed skepticism about whether the federal law against honest-services fraud should be used to take criminal action against ethics breaches that would be considered civil violations under state law.

Federal prosecutors filed an honest-services fraud charge against Mary McCarty, and they used the same law to prosecute former County Commissioners Tony Masilotti and Warren Newell.

"I am concerned about the federal court taking over violations of state ethics code and criminalizing them," Ryskamp said.

Ryskamp also called the charge against Kevin McCarty, technically known as misprision of a felony, "a seldom-used statute." But the judge added: "It is what it is: ... not only failure to speak up but active participation" in a crime.

BTW, this is the case that led to Chief Judge Moreno's recent Order on cell phones. It was the PBP that had requested permission to bring phones into the courthouse so that their reporters could blog and twitter live from inside the courtrooms. They got the phones approved. But now none of us can email, etc from inside the courtrooms.

UPDATE -- I've been told that the other reporters -- Curt Anderson, Vanessa Blum, and Jay Weaver -- have been talking to Moreno for months about being permitted to bring cell phones in. Well done guys.

Ceremony for Judge Graham

Here are pictures (yes, they were taken with my phone so they aren't so good) from yesterday's really nice award ceremony for Judge Graham:

Judge Graham accepting the award, surrounded by his law clerks.

Judge Graham's staff, who he thanked during his acceptance speech.

Judge Reggie Walton, a district judge from DC, gave a really funny talk about Judge Graham. They were college roommates. George Knox, Chief Judge Moreno, and Martin Raskin also spoke.

There's the Chief and the back of Judge Palermo's head.

Judge Graham and Judge Hoeveler.

Update on Judge Moreno's Adminstrative Order

I have confirmed that the Order applies to attorneys as well as reporters (background here). No one is permitted to text, email, twitter, post, etc from inside the courtrooms...

What's the big secret?

Here's more on the Mutual Benefits recusal from Vanessa Blum...

Our previous coverage here.

From the Blum article:

Over objections from area newspapers, a federal judge today closed a court hearing on secret filings in a case stemming from one of South Florida's biggest frauds.U.S. District Judge Adalberto Jordan said he would consider releasing the secret documents and a transcript of the hearing, in whole or in part, after weighing concerns raised by the South Florida Sun Sentinel and the Miami Herald.The newspapers are trying to break through a wall of secrecy surrounding the latest criminal charges related to Mutual Benefits Corp., a now defunct Fort Lauderdale investment firm.
***
Deanna Shullman, an attorney representing the Sun Sentinel, told Jordan that federal law gives members of the public and media representatives the right to view court records, barring extraordinary circumstances.In a motion, Shullman stated that secrecy in such a high-profile case would create rumors and raise questions about the integrity of the justice system."Greater access is the best medicine to restore the public's faith and confidence in these proceedings," Shullman stated.Following arguments from Shullman and Herald attorney Scott Ponce, Jordan closed the hearing to the public. He said he would rule in the coming weeks."There are a lot of difficult and thorny issues here," Jordan said. "I'm doing my best to navigate my way through."Jordan received the case in January after two other federal judges stepped aside, citing undisclosed conflicts of interest. In addition, two officials in the U.S. Attorney's Office have recused themselves from involvement in the prosecution.The Mutual Benefits case has also drawn interest because the company had deep ties to elected officials in Broward County.

Helio Castroneves

I was at the courthouse today and popped into the Castroneves trial. I lasted there about 5 minutes. After the DOJ prosecutor asked the following question, I left: "Now, we've been discussing general ledgers for some time -- please explain to the jury what a general ledger is."

I promise that I am blogging this back at my office and not inside the courtroom.

Here's more on that issue from the Palm Beach Post.

And now I get to post another picture:

Speaking of the Castroneves case, Judge Graham is being honored today at the University of Miami: he's receiving the William M. Hoeveler Award for ethics and leadership in the legal profession.