"Feds say agent smuggled baseball stars into U.S."

Here is Julie Kay's article in the Review. Free access today. Woohoo.
Ben Daniel is prosecuting this case. Susan Dmitrovsky and Abe Bailey are defending.

Ellis Rubin RIP

Icon Ellis Rubin has died.
Love him or hate him, he is a legend in this community... Way ahead of his time and a true trial lawyer. Rumpole has this to say:

Mr. Rubin was a throwback to the days when the solitary defense attorney rode into town to defend the person no one else would defend.Did Mr. Rubin like a case in the news? Sure. But don't let his cases in the press mask the underlying talent of an excellent trial lawyer. He should not be remembered for that one case everyone mentions (TV intoxication). He should be remembered for being a fighter, an innovator, a man who cared about his clients, and man who went to jail for his beliefs.
We proudly admit we bought and read his book "Get Me Ellis Rubin". One comment always stuck with us, and only a real trial lawyer would be able to write about it. Mr. Rubin wrote that he always enjoyed trying cases against a prosecutor who had a reputation for never losing. Because when he managed to cause them enough problems in trial, he knew they were in unfamiliar territory and he had the advantage. Only a lawyer who tries a lot of cases knows that feeling. From the outside looking in, we think his was a life well lived. We celebrate his memory.

Report from Court Administator

Clarence Maddox writes in to correct our previous post:
I think that it is important for me to note that as judges and staff continue to relocate to the WPB courthouse and get resettled this week, we are not open for business in the usual sense. In that respect the DBR was not accurate. I anticipate resumption of normal Court activities by Monday, December 18th. Clarence Maddox, Court Administrator, SDFL.
We stand corrected!

In other news, Judge Cecilia Altonaga found South Florida water managers in violation of U.S. water quality standards for pumping billions of gallons of polluted runoff from sugar farms into Lake Okeechobee without a federal permit. The Judge rejected an array of defense arguments from the South Florida Water Management District, including that a permit wasn't needed because the state agency wasn't the source of the tainted water, but was simply moving it between two similar places -- the giant lake and the drainage canals crisscrossing the vast farming area to the southeast. Here is the 100+ page ruling.

West Palm open

According to this morning's DBR, the Federal Courthouse in West Palm is open for business. Also of note, Judge Kenneth Marra will be moving from Ft. Lauderdale to the renovated courthouse.

News and Notes

1. Another first of its kind prosecution in Miami. A federal grand jury in Miami Wednesday indicted the son of former Liberian President Charles Taylor on torture charges in the first U.S. criminal case of its kind. Charles Taylor Jr., 29, accused of committing atrocities in Liberia as the former head of a paramilitary unit in his father's government, is in custody at the Federal Detention Center in Miami. He faces sentencing today on a separate passport-fraud conviction. The three-count indictment returned by a federal grand jury in Miami accuses the defendant, also known as Charles McArthur Emmanuel, a U.S. citizen, of burning his victim's flesh with a hot iron, forcing the victim at gunpoint to hold scalding water and shocking the victim's genitalia. Here is the Herald article and the Sun-Sentinel article. Here is the indictment. The case has been assigned to Judge Altonaga and is being prosecuted by Karen Rochlin.

2. "Gravely ill, Miami lawyer Ellis Rubin says goodbye. As he prepares for death, Miami lawyer Ellis Rubin says he is proud of his storied career." (Miami Herald)

3. "Case of the Dwindling Docket Mystifies the Supreme Court." (NY Times)

4. "Crumbling Dream: Jesus Palencia is likely to be taken from his family and deported. Did he place too much trust in the U.S. Court system?" (DBR)