Thursday, October 02, 2008

Start your engines


Team Penske star Helio Castroneves has been charged with tax evasion in our District. (via the Miami Herald).

Here's a picture of him with Julianne Hough from Dancing with the Stars. He is scheduled to make his initial appearance tomorrow in magistrate court.
UPDATE -- Here's the AP article. And the indictment, which has been assigned to Judge Graham. Prosecutor: Matt Axelrod.

"I never believed for a minute that he was guilty of any of the charges, not even the ones we convicted him of"

That's one of the jurors in the Joe Cool case. Articles in the Sun-Sentinel and the Miami Herald detail how at least 3 jurors still believe Guillermo Zarabozo is not guilty of all counts, even the 4 they voted guilty on.

From the Sentinel:

Three jurors in the Joe Cool murder-at-sea trial said Wednesday they felt pressured to convict the 20-year-old defendant on gun charges even though they believed he did not kill anyone or know his companion planned to hijack the boat.One said she voted to convict, even though she felt the man on trial was innocent. Another seemed to believe he had cast a not-guilty vote, though guilty verdicts in federal court must be unanimous.After four days of heated deliberations, the 12 jurors voted Tuesday to convict Guillermo Zarabozo of supplying the firearm used to kill Capt. Jake Branam, 27; his wife, Kelley, 30; his half-brother, Scott Gamble, 36; and the first mate, Samuel Kairy, 27.In interviews with the Sun Sentinel, two women and one man from the panel said they were confused about the gun charges and badgered — even bullied — to vote guilty by fellow jurors.

From the Herald:

''I want to take back my vote to convict. I'm just sick over this whole thing. I think there has been a great miscarriage of justice, and I need to correct it,'' Venora Gray, 51, said.
Her disclosure came one day after she and 11 other jurors deadlocked on the major charges of first-degree murder, kidnapping and robbery in the fatal shootings of four Miami Beach charter boat crew members last year. But they all agreed to convict Zarabozo of four counts of using a firearm in a violent crime -- a charge she and the other panelists did not realize carried a life sentence, she said.
''No one in that jury room knew those were such serious charges,'' said Gray, a waitress from North Miami, who years ago served as a juror in another murder trial and convicted the defendant. ``There was no way I would have voted on that if I had known.''
The jurors' revelations could have a serious impact on an already challenged conviction. Seconds after Tuesday night's verdict, Zarabozo's defense team said the jurors could not convict on the charge of using a firearm to kill when they had not convicted Zarabozo of any of the murder charges.



Judge Huck is having a hearing on Monday to determine whether he should grant a new trial on the four counts on which the jury convicted. These interviews seem to support the defense view that the jurors were confused on the gun count.

As an aside, this bolsters my view that every jury should know the potential penalties of the crimes they are voting on. Judge Jack Weinstein in the Eastern District of New York recently wrote a 200+ page opinion holding that in some cases jurors should know the penalties.

Tuesday, September 30, 2008

Playboy pinup in federal court this week


Enough with hung juries and murder trials.

There was a Playboy model testifying in federal court this week.

María del Luján Telpuk descended on Miami beneath a cascade of camera lights and questions.
Journalists from three countries pounced on the 27-year-old bombshell as she arrived from South America on Sunday morning. Looking dainty and fresh after her eight hour flight, she posed for photographers, gave a pair of live telephone interviews, and said little about her role in a legal case that could shame two presidents.
Telpuk is known as the ''suitcase girl'' in her native Argentina. She is in Miami to testify in federal court about the alleged coverup of an international scandal that involves the United States, Argentina, Venezuela, and a suitcase full of $800,000 in unexplained cash.
The case has transformed the one-time nursery school teacher into a Playboy pinup, and, evidenced by her loving embrace of the cameras at Miami International Airport, she is clearly savoring her 15 minutes of fame.
''The truth is I still don't totally understand'' the turn her life has taken, Telpuk told The Miami Herald as she walked to the car waiting to whisk her away to an undisclosed hotel. ``It's been very shocking for me, though it's brought many new and good things.''

Joe Cool jury hangs on first degree murder counts

That's a victory for the defense.

The jury did convict on 4 gun counts. The prosecution will be happy with some convictions after it looked like the jury would hang on everything yesterday, especially since the potential sentences on those counts are life.

Food for thought -- should Judge Huck order a new trial on all counts because the jury may have been confused on the gun counts based on its previous note and because it appears that the jurors compromised after the Allen charge? If the case has to be retried anyway, why not try the whole thing? What are your thoughts?

Chuckie Taylor case opens

The DOJ lawyer, Chris Graveline, spoke about the "Demon Forces", a unit that tortured people, including cutting a man's penis with a knife and dumping him in a pit.

Assistant Federal Defender John Wylie said if the case were a newspaper headline, it would read "Desperate and disgruntled Africans accuse American to escape wartorn Liberia".

Should be a very interesting trial. I will post media coverage shortly.