From the Sun-Sentiel:
U.S. District Judge Joan Lenard ruled after spending hours questioning jurors about a pamphlet on terrorism found in the jury room Monday. Miami police officers handed out the pamphlets last week at Metrorail stations, and the jurors who were dismissed said they had read or skimmed it.
One of the dismissed jurors said he considered it an "interesting coincidence" that he was handed a pamphlet about terrorism at the Government Center Metrorail Station as he made his way to court for a terrorism trial. The man said he brought the flier into the jury room after receiving it.
The pamphlet's cover features a police shield and the word "terrorism" in bold, capital letters. A police representative said the distribution, part of a program to alert the public to terrorist threats, was unrelated to the trial.
All but two of the 12 jurors and six alternates said they had seen a copy in the jury room and noticed it pertained to terrorism. To defense lawyers, that alone was enough to warrant a mistrial.
"To have that in the jury room in this type of trial, I think it's outrageous," said Roderick Vereen, who represents Stanley Phanor, 32.
Other defense lawyers weren't so happy with the jurors being dismissed:
Lawyers for every defendant but Batiste requested a mistrial based on the pamphlet, which includes a watch list of seven "signs of terrorism" and descriptions of deadly materials that could be used by terrorists.
Lenard denied the mistrial motions. However, she excused the three members of the jury panel who said they had read the brochure, explaining she was acting in "an abundance of caution."
Ana Jhones, who represents Batiste, protested Lenard's decision, saying her client had never complained about the pamphlet. "He is now faced with the consequences that he is not going to have the jury he has selected," she said.
Albert Levin, Abraham's attorney, and Joel DeFabio, Lemorin's attorney, also opposed dismissing the jurors.
Ah, the joys of trial. Crazy things always happen, don't they?

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
Wednesday, October 17, 2007
Monday, October 15, 2007
Jeff Sloman -- new Broward Sheriff?
From the Sun-Sentinel:
There's a new applicant to be interim Broward County sheriff -- a high-ranking federal prosecutor who was involved in the investigation that ousted former Sheriff Ken Jenne.
Jeff Sloman, the No. 2 official in the U.S. Attorney's Office for the Southern District of Florida, was interviewed by Gov. Charlie Crist at 1 p.m. Monday in Tallahassee.Sloman's application for the job was received on Saturday, said Anthony De Luise, a spokesman for the Governor's Office.
That was quick -- application gets in on Saturday, interview on Monday. Looks like Mr. Sloman will be Sheriff Sloman. He would be great...
There's a new applicant to be interim Broward County sheriff -- a high-ranking federal prosecutor who was involved in the investigation that ousted former Sheriff Ken Jenne.
Jeff Sloman, the No. 2 official in the U.S. Attorney's Office for the Southern District of Florida, was interviewed by Gov. Charlie Crist at 1 p.m. Monday in Tallahassee.Sloman's application for the job was received on Saturday, said Anthony De Luise, a spokesman for the Governor's Office.
That was quick -- application gets in on Saturday, interview on Monday. Looks like Mr. Sloman will be Sheriff Sloman. He would be great...
Mold and explosions
I feel bad for Chief Judge Moreno...
He has inherited two big problems -- he has to deal with mold in the old Dyer Building and a recent explosion in the new Ferguson Building. The over on the January 1, 2008 opening is looking pretty good right now.
Julie Kay details in the DBR today (yes, I thought she had left too) that Ervin Gonzalez is investigating the mold issue in the Dyer Building that we covered previously here. And she goes through some of the issues with the new building, including a recent explosion that has disabled the electrical system. (It was supposed to open in July 2005 and is $78 million over budget!) The good news is that a certificate of occupancy has been issued for the building.
He has inherited two big problems -- he has to deal with mold in the old Dyer Building and a recent explosion in the new Ferguson Building. The over on the January 1, 2008 opening is looking pretty good right now.
Julie Kay details in the DBR today (yes, I thought she had left too) that Ervin Gonzalez is investigating the mold issue in the Dyer Building that we covered previously here. And she goes through some of the issues with the new building, including a recent explosion that has disabled the electrical system. (It was supposed to open in July 2005 and is $78 million over budget!) The good news is that a certificate of occupancy has been issued for the building.
Friday, October 12, 2007
"Nothing short of brilliant"
That's victorious Mike Tein on Judge Cecilia Altonaga's 61 page ruling, rejecintg a proposed agreement to settle a class action lawsuit over defective Sharper Image air purifiers. Here's the DBR article on the decision. Not a good day for plaintiff attorney Robert Parks. Our previous coverage here.
Analysis of the opinion here by new (and anonymous) blogger, "South Florida Lawyers".
Analysis of the opinion here by new (and anonymous) blogger, "South Florida Lawyers".
Subscribe to:
Posts (Atom)