Quick hits

1. At the 59th Annual Green Eyeshade awards Jay Weaver won first prize in the category of Courts and the Law Reporting for his medicare series. Carol Rosenberg (also from the Herald) got second prize for her Gitmo coverage. Green Eyeshade? Well, it's the major journalism society... Congrats to Jay and Carol.

2. "The One Hundred" is reuniting (it's a non-partisan group established in 1994 which brought prominent speakers to South Florida). On August 28th for The One Hundred's first event of 2009, the speaker will be John Conyers, Jr. (D-Michigan). Conyers heads the House Judiciary Committee which oversees the Justice Department, the Federal Judiciary, the FBI and other important Federal departments. He is also the second highest ranking Congressman. This will be Chairman Conyer's second visit to South Florida to speak to The One Hundred. The luncheon will be at The Four Seasons Hotel on Brickell Avenue in Miami. RSVP here.

3. A bunch of people are emailing me about prosecutors leaving the office, like James Kukios, Matt Axelrod, and David Weinstein. Good luck to the departing AUSAs. Anyone else leaving?

4. The government made the right call not retrying Helio Castroneves on the hung count. According to SCOTUSBlog: "In a[] major ruling on criminal law, available here, the Court, dividing 6-3, decided that if a jury finds an individual not guilty on some counts, but can’t agree on the others, prosecutors may not try that individual again on the “hung” counts if they had a common element with those on which the jury acquitted. The ruling came in a case growing out of the Enron Corp. scandal — Yeager v. U.S. (08-67). Justice John Paul Stevens wrote for the majority. UPDATE: The charges against F. Scott Yeager on which the jury could not reach a verdict were insider trading and money laundering. He was convicted on none of the charges against him. He sought to bar retrial on the “hung” charges, but that challenge failed in lower courts. While the Supreme Court ruled that he could not be retried on those charges if a jury verdict on other charges had resolved an essential element of those crimes, the Court did not decide that issue itself, treating it as a factual question. It said that the government could raise in the lower courts its claim that the jury did not actually resolve that factual issue. The Fifth Circuit Court may revisit the issue, the Court said. END OF UPDATE."

4. Rumpole was cited in Judge Gold's order in the Ranck case and he's all excited that I went over to state court this morning. (Rumpole, the escalators were all working.)

Down goes Ranck

The Herald reports that Judge Gold dismissed David Ranck's case yesterday. I will post the opinion when I get to the office. (UPDATE -- Here it is) I'm sure Rumpole will have more. In the meantime, here's the Herald's summary:

A veteran prosecutor Tuesday lost his free-speech lawsuit against State Attorney Katherine Fernández Rundle, who had suspended him last year for posting on a blog his own internal memo criticizing her handling of a controversial fatal police shooting.
U.S. District Judge Alan Gold found that Miami-Dade prosecutor David Ranck had a constitutional right to post the memo on the Internet, but he couldn't pursue the First Amendment case against his boss.
The reason: His 30-day suspension without pay was also based on other employment violations -- including unprofessional conduct during a murder case in which he called a defense attorney an ''a--hole,'' leading to a mistrial. ''[Ranck] has not established he was deprived of his constitutional rights when he was suspended by his employer,'' Gold wrote in a 28-page ruling.
In a statement, Fernández Rundle said she was ``gratified by the court's comprehensive decision dismissing this case.''
But Ranck's attorney, Allan Kaiser, said the judge's decision was ''almost a vindication'' for his client.
''The crux of the case was that he had a constitutional right to alert the public through his memo on a blog, and the judge agreed with him,'' Kaiser said.

Whether you get a favorable ruling or not from Judge Gold, you gotta love him -- he treats you fairly and he rules quickly. A 28-page order within a week of the hearing...

Scandal at White & Case Miami

AboveTheLaw has all the sordid details (including an interview with the woman, dubbed SexyLexus) about an extramarital affair involving a White & Case associate.

On a separate note, here's my sentencing question of the day: Assuming he did it, should the cat-killer get more or less time than Donte Stallworth (driving drunk resulting in death)? (Yes Rumpole, these are both state cases.... Sorry!)

“They were high-fiving each other at the office.”

That's Allan Kaiser talking about the State Attorney's Office after David Ranck's recent arrest for battery on the pizza girl. Long before his arrest (and subsequent firing), Ranck brought a whistle-blower lawsuit in federal court before Judge Gold. The State, represented by Oscar Marrero, has moved to dismiss, and Judge Gold heard argument last Friday. This case is all drama, drama, drama, no?

From the DBR:

Lawyers representing Miami-Dade State Attorney Katherine Fernandez Rundle urged U.S. District Judge Alan Gold today to discard a whistle-blower lawsuit filed by suspended prosecutor David Ranck.

Ranck, who questioned the actions of a Miami-Dade police officer who fatally shot a teen-age burglary suspect in 2004, claims his office retaliated against him.

His lawsuit claims Rundle’s office violated his free-speech rights after taking him off investigations involving police shooting after the shooting, and improperly reprimanded him last year for posting internal memos and e-mail related to the justifiable-force investigation.

Coral Gables lawyer Oscar E. Marrero, who is representing Rundle, countered the office was within its rights to discipline Ranck for his comments to the police.

“There is no First Amendment protection if speech owes its existence to your professional responsibilities,” Marrero told Gold.

Ranck’s Miami lawyer, Allan Kaiser, argued by Marrero’s logic, no whistle-blower claims could ever succeed.

“The chilling effect would be obvious,” he said.

Kaiser argued the state attorney’s office didn’t act against Ranck for weeks after he posted his comments and documents related to the shooting on a blog that has since been shut down. Ranck wrote some of the documents and obtained them from the state attorney’s office through a public records request.

Gold appeared inclined to deny Marrero’s motion for summary judgment. “It’s not an everyday occurrence where an assistant state attorney makes a public records request to an office for a memo he wrote, is it?” Gold asked rhetorically. He said Ranck’s supervisors probably should have realized his intentions when he made the request.

Ranck was suspended last month after he was arrested by Miami Beach police on a misdemeanor battery charge after a confrontation at his condo with a pizza- delivery woman. Kaiser represents Ranck in the battery case as well.

“For all intents and purposes, he’s been fired,” Kaiser said. “What they wanted to do is suspend him in never-never land until they decide they want to fire him.”

After Ranck’s arrest, Kaiser said, “They were high-fiving each other at the office.”

When asked if the alleged assault affected his client’s credibility, Kaiser said, “It has absolutely no relation whatsoever.”

Cert denied in Cuban Spy case

I'm glad Rumpole didn't take me up on the double or nothing bet. Still waiting to get paid...