...and are determined to attack the department’s prosecutors indiscriminately — and without any factual basis."
That was Lanny Breuer, assistant attorney general for the criminal division. John Pacenti covered the story in this week's Justice Watch column. Guy Lewis countered Mr. Breuer:
Former interim U.S. Attorney Guy Lewis, now a partner with Lewis Tein in Miami, said the pressures can be enormous. Telling an investigating agency that a completed investigation must be dropped without charges is the hardest part of the job for any prosecutor, he said. “There are going to be instances where prosecutors make mistakes. I did,” Lewis conceded. “What is important is for the prosecutor to own up to it.” He said the aggressiveness that is leading to some of the misconduct cases may stem from the war on terror. “The terrorism issue has spilled in a bad way into other more conventional-type cases,” he said. “I’m not saying aggressiveness is bad. But what I am saying is when you start throwing 95, 96, 97 mph fastballs, you got to be real careful about that.” Breuer said the Justice Department is addressing the discovery issue at the heart of the current misconduct allegations. Federal prosecutors must turn over any exculpatory evidence and evidence that could be used to impeach government witnesses. Holder is requiring all prosecutors, no matter how experienced, to take new discovery training. “We are confident that, through this comprehensive approach, we are equipped to meet our discovery obligations and minimize prosecutorial error,” Breuer said.
What do you guys think? Is there a problem out there with prosecutors and discovery? Or are defense attorneys filing motions without any factual basis? Or both?
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, March 23, 2010
New snack bar/cafeteria finally opened!
Go check it out on the 5th floor of the Ferguson courthouse!
Sunday, March 21, 2010
Public corruption trial begins for former Miramar Commissioner Fitzroy Salesman
Here's the preview article by the Sun-Sentinel. Should be interesting:
The defense's case is more unpredictable. Salesman's attorney, Jamie Benjamin, said his client denies that he did anything criminal. One possible argument floated by the defense is that Salesman can't be accused of abusing his office because he was suspended at the time of some of the alleged offenses, due to unrelated legal problems.Benjamin also planned to put on a defense of entrapment."The government turned a casual friendship with Mr. Salesman, where he was more than happy to do favors for people who had befriended him, into one where, like any organized crime ring, they got their tentacles around him," Benjamin wrote in court documents.But U.S. District Judge James Cohn's rulings last week left the defense concerned that if they go too far in accusing the FBI of entrapment, misconduct or racist motivations, it could open the door for prosecutors to tell the jury more unflattering information about Salesman.Cohn ruled Friday there was no evidence of racial hostility, as the defense alleged, in the federal investigation of Salesman, who is black."In addition, the court finds no evidence of governmental misconduct, much less outrageous governmental misconduct," the judge said, rejecting a defense request to dismiss some of the charges.
The defense's case is more unpredictable. Salesman's attorney, Jamie Benjamin, said his client denies that he did anything criminal. One possible argument floated by the defense is that Salesman can't be accused of abusing his office because he was suspended at the time of some of the alleged offenses, due to unrelated legal problems.Benjamin also planned to put on a defense of entrapment."The government turned a casual friendship with Mr. Salesman, where he was more than happy to do favors for people who had befriended him, into one where, like any organized crime ring, they got their tentacles around him," Benjamin wrote in court documents.But U.S. District Judge James Cohn's rulings last week left the defense concerned that if they go too far in accusing the FBI of entrapment, misconduct or racist motivations, it could open the door for prosecutors to tell the jury more unflattering information about Salesman.Cohn ruled Friday there was no evidence of racial hostility, as the defense alleged, in the federal investigation of Salesman, who is black."In addition, the court finds no evidence of governmental misconduct, much less outrageous governmental misconduct," the judge said, rejecting a defense request to dismiss some of the charges.
Bracket busting...
What a great first round of the tourney. Here is your top ten after Rounds 1 & 2:
1. ND in ND Jacob
2. Fake Ed Williams fakeedwilliams
3. Male Bondage II 3boysathome
4. Fake Bill Barzee Fake
5. Well Hung Jury Micah
6. SDFLA Blog * David
7. Male Bondage 3boysathome
8. EDCAjohn jpb95816
9. SJ Scott
10. Dan Dan
1. ND in ND Jacob
2. Fake Ed Williams fakeedwilliams
3. Male Bondage II 3boysathome
4. Fake Bill Barzee Fake
5. Well Hung Jury Micah
6. SDFLA Blog * David
7. Male Bondage 3boysathome
8. EDCAjohn jpb95816
9. SJ Scott
10. Dan Dan
Thursday, March 18, 2010
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