In depth article by Julie Kay in today's Daily Business Review about the alleged "dirty bomber." Here are some highlights. Lawyers for Jose Padilla have appealed Magistrate Judge Garber's pre trial detention order. In their appeal, his lawyers contend that Mr. Padilla's application may be a fraud. The Government argued at the detention hearing that Mr. Padilla completed the form in 2000. Defense lawyers also assert that the government did not present evidence that Mr. Padilla could speak Arabic and therefore understand the contents of the form, or that he ever adopted the Arabic name Abu Adallah al Mujahir. Justice Department lawyer Stephanie Pell explained at the hearing that the application was authenticated by a cooperating government witness. One of the most interesting assertions in the appeal is that there were apparently more than 50,000 phone calls in the alleged 8 year terrorism conspiracy, and Padilla participated in only seven conversations. Defendant's counsel believes that Padilla should be released because he has signficant family ties to this community and to the United States and that he is not a flight risk.
The case is presently set for trial in September before U.S. District Judge Judge Marcia Cooke. Hard to argue that this case should not be added to the list of one of the most high profile cases ever in the Southern District of Florida. Thoughts?
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
Tuesday, February 14, 2006
Monday, February 13, 2006
New federal courthouse
I'm in Savannah, but found a computer and ran across this DBR article about the new federal courthouse. Here's an excerpt:
The heavily fortified and architecturally unique Wilkie D. Ferguson Federal Courthouse in Miami is scheduled to open this fall, more than a year behind schedule. Completion of the $163 million courthouse — in the works for 15 years — was slowed by change orders, contractor delays and hurricanes, according to U.S. District Judge K. Michael Moore, who has overseen the project. But the biggest reason for the setback, Moore said, is that dozens of louvers controlling air intake and exhaust had to be removed and replaced due to water infiltration from Hurricane Wilma. The issue of who bears financial responsibility for the mistake — architects Arquitectonica and HOK or contractors Dick Corp. of Pittsburgh and EllisDon Construction of Canada — is in dispute. “We have to concentrate on fixing it now and then figure out who was responsible,” Moore said.
The heavily fortified and architecturally unique Wilkie D. Ferguson Federal Courthouse in Miami is scheduled to open this fall, more than a year behind schedule. Completion of the $163 million courthouse — in the works for 15 years — was slowed by change orders, contractor delays and hurricanes, according to U.S. District Judge K. Michael Moore, who has overseen the project. But the biggest reason for the setback, Moore said, is that dozens of louvers controlling air intake and exhaust had to be removed and replaced due to water infiltration from Hurricane Wilma. The issue of who bears financial responsibility for the mistake — architects Arquitectonica and HOK or contractors Dick Corp. of Pittsburgh and EllisDon Construction of Canada — is in dispute. “We have to concentrate on fixing it now and then figure out who was responsible,” Moore said.
Saturday, February 11, 2006
Lawyer jailed in state court
I really don't cover the state court system and this blog is dedicated to this federal district, but I couldn't help but notice this article about Broward State Judge Cheryl Aleman jailing a lawyer for 60 days for not appearing for court. For those state practioners who think the federal judges are rough, I've never heard of such a thing. Anyone have any good contempt stories from our district?
Judge Ungaro and red tape don't mix
"Bureaucracy doesn't exist to serve itself. It exists to serve the people.'' Well said by Judge Ungaro as she "lashed out" at a government lawyer representing the Justice and Homeland Security departments and the U.S. Citizenship and Immigration Services. Anyone who has ever had to deal with the red tape of the immigration system knows how frustrating it can be.
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