Unfortunately, I will not be blogging about the Liberty City 7 case any more until the following issue is cleared up:
As regular readers know, Judge Lenard gagged the defendants for the retrial. She also gagged acquitted defendant Lyglenson Lemorin and his lawyer Joel DeFabio. I recently filed a notice of appearance for Mr. DeFabio to litigate the gag order, and Judge Lenard issued the following order:
"[T]he gag order previously issued by the Court on December 13, 2007 applies to Lyglenson Lemorin, who is now a witness for the defense in this case (see D.E. 772), and his agents, as well as to Joel DeFabio, Esq., who has been appointed by the Court to represent Mr. Lemorin as a witness associated with the defense in this case, and TO MR. DEFABIO'S AGENTS as well. . . " (emphasis added)
Because I am now one of DeFabio's agents, I take it that I cannot speak about the case. I filed a motion to clarify that today, but until that is ruled on, I don't think I will be posting about the case.
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
Friday, January 11, 2008
Thursday, January 10, 2008
Minor roles or leaders or something else?
Apparently, that's one of the big fights at the Jose Padilla sentencing (for all three co-defendants). From the AP:
Prosecutors say the three defendants were part of a conspiracy involving armed conflicts over decades in places like Kosovo, Afghanistan, Somalia and Chechnya and involving tens of thousands of people. Hassoun was depicted as a recruiter, Jayyousi as a financier and propagandist and Padilla as a recruit for al-Qaida.
"The charged conspiracy is exceedingly broad," said Padilla attorney Michael Caruso. "You have to concede that Mr. Padilla played a minimal role."
But prosecutor Russell Killinger said Padilla is "a trained al-Qaida killer" who was recruited to attend an al-Qaida training camp. He called Padilla's bid for a lenient sentence "astonishing."
"He's an instrument of the scheme itself," Killinger said.
The defendant's role in the offense will have an impact on the guideline level and will also impact Judge Cooke's ultimate sentencing decision....
Prosecutors say the three defendants were part of a conspiracy involving armed conflicts over decades in places like Kosovo, Afghanistan, Somalia and Chechnya and involving tens of thousands of people. Hassoun was depicted as a recruiter, Jayyousi as a financier and propagandist and Padilla as a recruit for al-Qaida.
"The charged conspiracy is exceedingly broad," said Padilla attorney Michael Caruso. "You have to concede that Mr. Padilla played a minimal role."
But prosecutor Russell Killinger said Padilla is "a trained al-Qaida killer" who was recruited to attend an al-Qaida training camp. He called Padilla's bid for a lenient sentence "astonishing."
"He's an instrument of the scheme itself," Killinger said.
The defendant's role in the offense will have an impact on the guideline level and will also impact Judge Cooke's ultimate sentencing decision....
Judge Huck denies Noriega's request to block extradition
Vanessa Blum has the details here:
Miami federal judge signed off on U.S. plans Wednesday to send former Panamanian dictator Manuel Noriega to France to face money-laundering charges, finding the French government has given sufficient assurances it would continue to treat Noriega as a prisoner of war under the Geneva Conventions.The ruling from U.S. District Judge Paul Huck, which followed three earlier court decisions approving the planned extradition, addressed concerns raised by Noriega's attorneys over France's refusal to formally designate Noriega a prisoner of war."Without that status of being declared a prisoner of war, there is no guarantee he will continue to receive those benefits," said Jon May, one of Noriega's attorneys.
Huck disagreed, saying he was satisfied with France's commitment to treat Noriega, 73, in accordance with the Geneva Conventions."What more could Noriega ask for or be entitled to?" Huck asked. "It's the benefits. It's not the nicety that he's called a prisoner of war."
More from the AP:
The ruling clears the way for Noriega's lawyers to appeal his extradition to the 11th U.S. Circuit Court of Appeals in Atlanta. U.S. lawyers say Noriega's extradition will not take place until the legal process is concluded.
"It is on hold," said Assistant U.S. Attorney Sean Cronin.
Miami federal judge signed off on U.S. plans Wednesday to send former Panamanian dictator Manuel Noriega to France to face money-laundering charges, finding the French government has given sufficient assurances it would continue to treat Noriega as a prisoner of war under the Geneva Conventions.The ruling from U.S. District Judge Paul Huck, which followed three earlier court decisions approving the planned extradition, addressed concerns raised by Noriega's attorneys over France's refusal to formally designate Noriega a prisoner of war."Without that status of being declared a prisoner of war, there is no guarantee he will continue to receive those benefits," said Jon May, one of Noriega's attorneys.
Huck disagreed, saying he was satisfied with France's commitment to treat Noriega, 73, in accordance with the Geneva Conventions."What more could Noriega ask for or be entitled to?" Huck asked. "It's the benefits. It's not the nicety that he's called a prisoner of war."
More from the AP:
The ruling clears the way for Noriega's lawyers to appeal his extradition to the 11th U.S. Circuit Court of Appeals in Atlanta. U.S. lawyers say Noriega's extradition will not take place until the legal process is concluded.
"It is on hold," said Assistant U.S. Attorney Sean Cronin.
Wednesday, January 09, 2008
Federal Bar Association Judicial Reception
The Federal Bar Association will have its 27th Annual Federal Judicial Reception on February 7, 2008 at the Hyatt Regency in downtown Miami from 5:30-8p.m. $35 for government lawyers and $45 for private practitioners if you purchase in advance. Mail your checks to Federal Bar Association, 300 NE 1st Avenue, Rm. 112 Miami, Florida 33132, 305-52305770. Include a self-addressed return envelope for your tix. RSVP now.
Tuesday, January 08, 2008
Poor Judge Cooke...
She has to deal with a lot of sentencing objections in Jose Padilla's case (via the AP).
Go, Dore, Go!
In our continuing Go, Dore, Go! segment, here is Dore Louis from yesterday's hearing in front of Judge Cooke:
An attorney for Jayyoussi, a fundraiser for Muslim causes, launched a more direct assault on the government. ''The CIA and Justice Department destroyed evidence taken from people alleged to be unindicted co-conspirators in this case,'' argued Marshall Dore Louis. ``That's a problem.''
More from the Herald article here.
Jose Padilla sentencing to start today
Any bets as to what Judge Cooke will impose?
The early over-under line is 20 years.
--David Oscar Markus
www.markuslaw.com
305-379-6667
Monday, January 07, 2008
Standby Liberty City 7
Judge Lenard had to continue jury selection because of an emergency situation for one of the defense lawyers. Status conference on Wednesday.
Liberty City 7 retrial
It's now the Liberty City 6, and the retrial starts today, three weeks after the jury hung in the last trial.
Here's coverage by the Herald and AP. What do you think is going to happen? Another mistrial? That's what some of the jurors from trial #1 think (from Jay Weaver's article):
''From now on, they are going to have a hung jury just as we did,'' said Jose Viola, 58, an audio-visual technician for Miami-Dade public schools, who sat on the first panel and thought all of the defendants were innocent.
''There are going to be people who won't have the stomach to send these men to prison because they were set up,'' Viola said. ``And there are going to be people who will want to send them to prison because of al Qaeda.''
Delorise Thompkins, 64, who works at South Miami Hospital, agreed with her colleague on the first jury.
''I think it may hang again,'' she said. ``You're going to find someone always afraid of terrorist groups, but then when you see the evidence, there's not a lot there -- no plans, no papers, no pictures, no nothing, connecting them to Osama bin Laden.''
If that happens, will they go for trial #3?
And while Liberty City starts up, the Padilla sentencing starts Tuesday. Here's Vanessa Blum's coverage.
Here's coverage by the Herald and AP. What do you think is going to happen? Another mistrial? That's what some of the jurors from trial #1 think (from Jay Weaver's article):
''From now on, they are going to have a hung jury just as we did,'' said Jose Viola, 58, an audio-visual technician for Miami-Dade public schools, who sat on the first panel and thought all of the defendants were innocent.
''There are going to be people who won't have the stomach to send these men to prison because they were set up,'' Viola said. ``And there are going to be people who will want to send them to prison because of al Qaeda.''
Delorise Thompkins, 64, who works at South Miami Hospital, agreed with her colleague on the first jury.
''I think it may hang again,'' she said. ``You're going to find someone always afraid of terrorist groups, but then when you see the evidence, there's not a lot there -- no plans, no papers, no pictures, no nothing, connecting them to Osama bin Laden.''
If that happens, will they go for trial #3?
And while Liberty City starts up, the Padilla sentencing starts Tuesday. Here's Vanessa Blum's coverage.
Friday, January 04, 2008
District news
1. Steven Larimore is our new clerk of court.
2. The Tower Building has been named the Clyde Atkins courthouse. For more on Judge Atkins, read here.
2. The Tower Building has been named the Clyde Atkins courthouse. For more on Judge Atkins, read here.
Thursday, January 03, 2008
Should an acquitted defendant, his wife and his lawyer be gagged
That's the issue raised in this morning's article by Vanessa Blum:
A federal judge who declared a mistrial last month for six South Florida men charged with conspiring to support al-Qaida is taking aggressive steps to limit publicity related to the case, including silencing lawyers for a man the jury found not guilty.With a sweeping gag order imposed Dec. 13, U.S. District Judge Joan Lenard cited the need to damp down media coverage that could complicate efforts starting Jan. 7 to find impartial jurors to rehear the case.
Her order at the close of the first trial prohibits the defendants, their lawyers, prosecutors, and others, such as agents, investigators and witnesses, from talking to reporters, raising issues for defenders of free speech and drawing a challenge from one of the lawyers covered by the order.
Lenard extended the same restrictions to Lyglenson Lemorin, who was acquitted, and his criminal defense lawyer, as well as an attorney representing the Haitian national in immigration proceedings.The gag order is so broad that federal prosecutors preparing to retry the case contend it applies to Lemorin's wife, who was once listed as a potential defense witness.
I give my opinion in the article, which is that an acquitted defendant and his family should be permitted to speak.
A federal judge who declared a mistrial last month for six South Florida men charged with conspiring to support al-Qaida is taking aggressive steps to limit publicity related to the case, including silencing lawyers for a man the jury found not guilty.With a sweeping gag order imposed Dec. 13, U.S. District Judge Joan Lenard cited the need to damp down media coverage that could complicate efforts starting Jan. 7 to find impartial jurors to rehear the case.
Her order at the close of the first trial prohibits the defendants, their lawyers, prosecutors, and others, such as agents, investigators and witnesses, from talking to reporters, raising issues for defenders of free speech and drawing a challenge from one of the lawyers covered by the order.
Lenard extended the same restrictions to Lyglenson Lemorin, who was acquitted, and his criminal defense lawyer, as well as an attorney representing the Haitian national in immigration proceedings.The gag order is so broad that federal prosecutors preparing to retry the case contend it applies to Lemorin's wife, who was once listed as a potential defense witness.
I give my opinion in the article, which is that an acquitted defendant and his family should be permitted to speak.
Wednesday, January 02, 2008
Julie Kay on the new federal courthouse
This story isn't ending...
Check this out.
Here's an update on the lawsuit re Ted Klein, which is now being handled by Alan Goldfarb, not Ervin Gonzalez:
The judges' move to the new building could free up space for occupants of the Dyer Building. Several magistrate clerks, courtroom deputies and interpreters who work in the building have complained of such respiratory problems as double pneumonia, nosebleeds and severe allergies. Water intrusion is apparent in some areas, with peeling wallpaper, stained carpets and musty smells.
Two studies performed at the building since Klein's death concluded there are significant mold and air safety issues in the building, particularly in the basement.
Goldfarb said he is frustrated because the government has promised to provide FOIA information by certain dates and has not met these deadlines. Goldfarb is trying to find out when the government knew there were problems in the building and what action, if any, they took.
The GSA, which received the FOIA requests on Oct. 29, was not available for comment at press time.
Chief Judge Federico Moreno said there is "no problem in the Dyer Building. It's all been remedied. There's only a problem in one part of the basement.".
Check this out.
Here's an update on the lawsuit re Ted Klein, which is now being handled by Alan Goldfarb, not Ervin Gonzalez:
The judges' move to the new building could free up space for occupants of the Dyer Building. Several magistrate clerks, courtroom deputies and interpreters who work in the building have complained of such respiratory problems as double pneumonia, nosebleeds and severe allergies. Water intrusion is apparent in some areas, with peeling wallpaper, stained carpets and musty smells.
Two studies performed at the building since Klein's death concluded there are significant mold and air safety issues in the building, particularly in the basement.
Goldfarb said he is frustrated because the government has promised to provide FOIA information by certain dates and has not met these deadlines. Goldfarb is trying to find out when the government knew there were problems in the building and what action, if any, they took.
The GSA, which received the FOIA requests on Oct. 29, was not available for comment at press time.
Chief Judge Federico Moreno said there is "no problem in the Dyer Building. It's all been remedied. There's only a problem in one part of the basement.".
Happy new year!
Back to work everyone...
It's 2008.
And it's cold today.
We don't have a blogging message as cool as this:
So, we'll just leave it at Happy New Year. Here's to a great 2008.
Friday, December 28, 2007
Rumors of my demise...
...have been greatly exaggerated.
It's just that it's the deadest week of the year. EXCEPT IN STATE COURT! Are you kidding me? Yes, we have anonymous juries and explosions in buildings, but nothing like the Christmas Eve Massacre (reported by Rumpole).
It's just that it's the deadest week of the year. EXCEPT IN STATE COURT! Are you kidding me? Yes, we have anonymous juries and explosions in buildings, but nothing like the Christmas Eve Massacre (reported by Rumpole).
Monday, December 24, 2007
Friday, December 21, 2007
Liberty City 7 update
Judge Lenard has ordered an anonymous jury in the next Liberty City 7 trial. (via Miami Herald). Very bad news for the defense.
Here's the intro to the article:
A federal judge on Friday aired concerns about the possibility of jury tampering in the upcoming retrial of an alleged homegrown terrorism group and ordered that Miami-Dade jurors be selected anonymously for the high-profile proceeding.U.S. District Judge Joan Lenard cited numerous reasons for her order -- including a jury list handed by one defense lawyer to his client's mother so she could pray for an acquittal during first trial deliberations last week. Lenard noted that it was a ''pristine list'' with all 12 of the jurors' names and ''X'' marks next to six of them.''At this point, it's unclear to the court what that list was about,'' she said.Her order -- an edict normally seen in organized crime or major drug cases -- means that potentially hundreds of Miami-Dade voters who receive jury summonses for the retrial in January will be referred to by number, not by name. The judge also ordered the U.S. Marshals to provide criminal background checks on all prospective jurors for both sides.***''I do find there is strong reason to believe the jury needs protection,'' Lenard said. ``Here we have defendants accused of being members of a terrorist cell.''
On the other hand, Judge Lenard ordered the government to keep Lyglenson Lemorin here in the United States because he may be needed for the next trial. (via Sun-Sentinel). From the article:
U.S. District Judge Joan Lenard cautioned the government against moving ahead "with lightning speed so that he would not be available to testify.""I don't know if it's on a fast track or not on a fast track," Lenard said. "I have to protect the rights of these defendants and I intend to do so."
So, do we start calling the case the Liberty City 6 now?
Here's the intro to the article:
A federal judge on Friday aired concerns about the possibility of jury tampering in the upcoming retrial of an alleged homegrown terrorism group and ordered that Miami-Dade jurors be selected anonymously for the high-profile proceeding.U.S. District Judge Joan Lenard cited numerous reasons for her order -- including a jury list handed by one defense lawyer to his client's mother so she could pray for an acquittal during first trial deliberations last week. Lenard noted that it was a ''pristine list'' with all 12 of the jurors' names and ''X'' marks next to six of them.''At this point, it's unclear to the court what that list was about,'' she said.Her order -- an edict normally seen in organized crime or major drug cases -- means that potentially hundreds of Miami-Dade voters who receive jury summonses for the retrial in January will be referred to by number, not by name. The judge also ordered the U.S. Marshals to provide criminal background checks on all prospective jurors for both sides.***''I do find there is strong reason to believe the jury needs protection,'' Lenard said. ``Here we have defendants accused of being members of a terrorist cell.''
On the other hand, Judge Lenard ordered the government to keep Lyglenson Lemorin here in the United States because he may be needed for the next trial. (via Sun-Sentinel). From the article:
U.S. District Judge Joan Lenard cautioned the government against moving ahead "with lightning speed so that he would not be available to testify.""I don't know if it's on a fast track or not on a fast track," Lenard said. "I have to protect the rights of these defendants and I intend to do so."
So, do we start calling the case the Liberty City 6 now?
Thursday, December 20, 2007
Jailhouse snitch?
Wednesday, December 19, 2007
Holiday cards
The following text accompanies this picture:
Past contributions by our firm have enabled the Daily Bread Food Bank to deliver over 1.3 million meals to those in need in our community.
This year, we decided to contribute a truck to help make the deliveries a little easier.
When you see this truck in our community, you may notice that our name is not on it. That is because the gift of this truck is made in your honor. It would not have been possible without you.
Where in the world is Lyglenson Lemorin?
Check out this AP story, by Curt Anderson, about the one defendant who was acquitted in the Liberty City 7 case. Even when you win, you lose....
A U.S. jury did not think Lyglenson Lemorin was involved in a terrorism conspiracy to topple Chicago's Sears Tower and bomb FBI offices, but he did not walk out of court a free man.
Instead, federal agents took the legal U.S. resident to Georgia, where he remained Wednesday facing possible deportation to his native Haiti, his attorneys said. And Lemorin could be forced to return to court early next year in Miami to testify in the retrial of his co-defendants in the so-called "Liberty City Seven" case.
Lemorin's treatment has led people involved in the case to question the government's motives, especially if he is charged with largely identical terrorism-related offenses in deportation proceedings.
We also haven't had a Go Dore Go segment in a while, but the article quotes blog favorite Dore Louis:
His lawyers didn't know where he was until Monday, and Lemorin told them he feared he would be taken to the U.S. terrorist detention center at Guantanamo Bay, Cuba. A Miami lawyer who represents a co-defendant in the Jose Padilla terrorism case said Lemorin was afraid for good reason.
"This is a category of individuals who are subjected to different rules," said attorney Marshall Dore Louis, who is not involved in the Liberty City Seven case. "I think anybody who is in that system should be terrified about what the government is going to do."
A U.S. jury did not think Lyglenson Lemorin was involved in a terrorism conspiracy to topple Chicago's Sears Tower and bomb FBI offices, but he did not walk out of court a free man.
Instead, federal agents took the legal U.S. resident to Georgia, where he remained Wednesday facing possible deportation to his native Haiti, his attorneys said. And Lemorin could be forced to return to court early next year in Miami to testify in the retrial of his co-defendants in the so-called "Liberty City Seven" case.
Lemorin's treatment has led people involved in the case to question the government's motives, especially if he is charged with largely identical terrorism-related offenses in deportation proceedings.
We also haven't had a Go Dore Go segment in a while, but the article quotes blog favorite Dore Louis:
His lawyers didn't know where he was until Monday, and Lemorin told them he feared he would be taken to the U.S. terrorist detention center at Guantanamo Bay, Cuba. A Miami lawyer who represents a co-defendant in the Jose Padilla terrorism case said Lemorin was afraid for good reason.
"This is a category of individuals who are subjected to different rules," said attorney Marshall Dore Louis, who is not involved in the Liberty City Seven case. "I think anybody who is in that system should be terrified about what the government is going to do."
Anonymous Blog dies
Thank goodness it's not Rumpole.
Still, it's sad that StuckonthePalmetto is dead. It was one of the best blogs in South Florida. Here's the Herald report on what happened...
Still, it's sad that StuckonthePalmetto is dead. It was one of the best blogs in South Florida. Here's the Herald report on what happened...
Monday, December 17, 2007
DBR covers Federal Bar Luncheon
John Pacenti's Justice Watch column today details Chief Judge's Moreno's take on the two big sentencing decisions from last week that he spoke about at the federal bar lunch:
Chief U.S. District Judge Federico Moreno doesn’t expect a pair of U.S. Supreme Court decisions reinforcing the sentencing discretion of federal judges to create much of a ripple. “There will be a little bit of change,” he told the Federal Bar Association last week. The affable judge kept lawyers in stitches as he addressed the association for the first time as chief judge.
***
Moreno told the association that most sentences will fall within the guidelines but he expects the number of sentencing appeals to drop. In an interview afterward, the judge said the guidelines play an important role. “It eliminates disparities between different judges,” he said. “I like the guidelines because that’s what they are — guidelines — they are not mandatory sentences.” But he also welcomes the latest decisions guaranteeing more discretion to district judges. “We know the case and the individual,” he said. “It gives the opportunity for the exception if someone is young or if something is unusual. Sometimes people do fall outside the standards.”
Chief U.S. District Judge Federico Moreno doesn’t expect a pair of U.S. Supreme Court decisions reinforcing the sentencing discretion of federal judges to create much of a ripple. “There will be a little bit of change,” he told the Federal Bar Association last week. The affable judge kept lawyers in stitches as he addressed the association for the first time as chief judge.
***
Moreno told the association that most sentences will fall within the guidelines but he expects the number of sentencing appeals to drop. In an interview afterward, the judge said the guidelines play an important role. “It eliminates disparities between different judges,” he said. “I like the guidelines because that’s what they are — guidelines — they are not mandatory sentences.” But he also welcomes the latest decisions guaranteeing more discretion to district judges. “We know the case and the individual,” he said. “It gives the opportunity for the exception if someone is young or if something is unusual. Sometimes people do fall outside the standards.”
Rick Diaz nominated for lawyer of the year
The Wall Street Journal blog has posted its nominations for lawyer of the year. Sure, there's Alberto Gonzalez, Clarence Thomas, David Boies, Jon Keker, and Billy Martin. But you can also vote for our very own Rick Diaz! Check it out.
Defenders go to Liberia
Curt Anderson has this interesting story about the difficulties in investigating the Chuckie Taylor case -- the witnesses are scattered throughout Africa. Such problems raise the question about whether this sort of offense ought to be prosecuted in the United States. Here's the lead:
Witnesses are difficult or impossible to find, some moving to remote African villages accessible only by muddy roads rarely patrolled by police. Many who survived Liberia's bloody civil war and may have seen acts of torture are reluctant to talk to anyone about what happened, let alone a defense lawyer for the notorious son of former Liberian President Charles Taylor.
Then there are the language and cultural barriers. These and other problems have forced a delay until spring in the trial in Miami federal court of Taylor's son Charles McArthur Emmanuel or Chuckie Taylor, the first person to be prosecuted under a law making it a crime for a U.S. citizen to commit torture or war crimes overseas.
Witnesses are difficult or impossible to find, some moving to remote African villages accessible only by muddy roads rarely patrolled by police. Many who survived Liberia's bloody civil war and may have seen acts of torture are reluctant to talk to anyone about what happened, let alone a defense lawyer for the notorious son of former Liberian President Charles Taylor.
Then there are the language and cultural barriers. These and other problems have forced a delay until spring in the trial in Miami federal court of Taylor's son Charles McArthur Emmanuel or Chuckie Taylor, the first person to be prosecuted under a law making it a crime for a U.S. citizen to commit torture or war crimes overseas.
Thursday, December 13, 2007
Initial thoughts on Liberty City mistrial
1. Why are people so mean? I can't believe how crude and stupid some comments are. It makes me want to shut down the Blog. Should I get rid of anonymous comments again?
2. Will the next trial be called Liberty City 6?
3. Will there be a next trial?
4. Joel Defabio, the lawyer for the one defendant who was acquitted, will be partying tonight. A lot.
5. The other defense lawyers certainly can claim victory but I'm sure they are dreading the prospect of trying this again. That said, they will be celebrating too.
I can't think of anything worse as a trial lawyer than having to retry a case, except sentencing of course. It sucks as much for the prosecution too. And it's probably the worst for the judge to have to sit through it again.
6. How will this case be compared to the Padilla trial? Other than being 'terror' trials, they really are nothing alike.
Discuss!
--David Oscar Markus
www.markuslaw.com
305-379-6667
Hung
The liberty city 7 jury hung today as to 6 defendants and acquitted defendant Lemorin. A huge victory for the defense. More to follow.
--David Oscar Markus
www.markuslaw.com
305-379-6667
--David Oscar Markus
www.markuslaw.com
305-379-6667
Pictures
Here's Chief Judge Moreno at yesterday's luncheon. He looks pretty fired up in facing the camera:And here's Justice Thomas at the Palm Beach Bar meeting. The picture was uploaded from this Sun-Sentinel article.
Wednesday, December 12, 2007
Chief Judge Moreno at the federal bar luncheon
It was a great and engaging lunch this afternoon with the Chief taking a variety of questions, from the new Supreme Court decisions on sentencing to the new federal courthouse to multi-district litigation.
Moreno explained that he didn't control when the new courthouse would open and there was no fixed date... The over on that January 1, 2008 looks pretty good right now. The new over/under line is January 1, 2009.
Supreme Court Justice Clarence Thomas also spoke today to the Palm Beach Bar Association. Here's a report on that talk.
Moreno explained that he didn't control when the new courthouse would open and there was no fixed date... The over on that January 1, 2008 looks pretty good right now. The new over/under line is January 1, 2009.
Supreme Court Justice Clarence Thomas also spoke today to the Palm Beach Bar Association. Here's a report on that talk.
When are we going to get a verdict?
The Liberty City 7 jury has been awfully quiet since being Allen charged...
Are they going to compromise?
Hang?
Reach a verdict on all counts?
Thoughts?
Are they going to compromise?
Hang?
Reach a verdict on all counts?
Thoughts?
Monday, December 10, 2007
''It is your duty to agree upon a verdict if you can do so."
That was Judge Lenard today to the Liberty City 7 jury. Apparently they sent another note today saying that they were still deadlocked. Judge Lenard read the "Allen charge" sometimes known as the dynamite charge... Defense lawyers hate this jury instruction because it typically leads juries to compromise.
Huge sentencing day...
Criminal law practitioners have quite a bit of reading today as the Supreme Court decided two mammoth cases -- Gall v. United States and Kimbrough v. United States. In a nutshell, the cases are huge victories for district judges, criminal defense lawyers and their clients. The decisions reaffirm that district judges have wide discretion in sentencing defendants and that the guidelines are really just advisory. Judges are free to disagree with them (as the judge did in Kimbrough with the 100-1 crack disparity) and appellate courts are to defer to the district courts unless they abuse their discretion in sentencing. It will be interesting to see how district judges use their discretion now that the Supreme Court has said it really really means it.
In other sentencing news, Michael Vick got 23 months. Almost two years for a first-time offender with no prior history... Thoughts?
For all your sentencing news, the best place to go is www.sentencing.typepad.com and for the Supreme Court news, go to www.scotusblog.com
In other sentencing news, Michael Vick got 23 months. Almost two years for a first-time offender with no prior history... Thoughts?
For all your sentencing news, the best place to go is www.sentencing.typepad.com and for the Supreme Court news, go to www.scotusblog.com
Friday, December 07, 2007
Ask Chief Judge Moreno anything you want!
Wednesday, December 12, 2007, at the Banker's Club at noon.Chief Judge Moreno will take your questions at the Federal Bar Luncheon.
There are a few spots left if you would like to attend. RSVP to
Lourdes B. Fernandez
Law Clerk to Hon. Robert L. Dubé
(305) 523-5771
The cold realities of prison
Dan Christensen has this story about how Ken Jenne is adjusting to prison. Mostly, he's bored and cold:
All Ken Jenne wants for Christmas is a warm sweat shirt.
''He really wants a sweat shirt because it's cold in prison,'' said his son, State Rep. Evan Jenne.
***
Jenne, whose prisoner number is 77434-004, observed his 61st birthday in prison in Miami last Saturday. His wife and son saw him Monday.
''We weren't allowed to bring him anything for his birthday,'' Evan Jenne said.
Jenne said his father was ``in good spirits.''
''The guards are treating him well and with respect,'' he said. ``My father doesn't feel in mortal danger. Every time he moves, there is a legion of guards around him.''
Jenne, who once hoped to be governor, now spends his days fighting boredom, his son said.
The former sheriff fills his days by reading a lot. ''Right now, he's reading a biography of Alexander Hamilton. It's a paperback. No hard covers are allowed,'' his son said.
All Ken Jenne wants for Christmas is a warm sweat shirt.
''He really wants a sweat shirt because it's cold in prison,'' said his son, State Rep. Evan Jenne.
***
Jenne, whose prisoner number is 77434-004, observed his 61st birthday in prison in Miami last Saturday. His wife and son saw him Monday.
''We weren't allowed to bring him anything for his birthday,'' Evan Jenne said.
Jenne said his father was ``in good spirits.''
''The guards are treating him well and with respect,'' he said. ``My father doesn't feel in mortal danger. Every time he moves, there is a legion of guards around him.''
Jenne, who once hoped to be governor, now spends his days fighting boredom, his son said.
The former sheriff fills his days by reading a lot. ''Right now, he's reading a biography of Alexander Hamilton. It's a paperback. No hard covers are allowed,'' his son said.
Thursday, December 06, 2007
Hung jury in Liberty City 7 case?
Thanks to the many tipsters who have emailed me about the Liberty City 7 case. Apparently, the jury sent a note today (the 4th day of deliberations) that they are unable to reach verdicts on any of the seven defendants. Judge Lenard told them to keep trying (with the agreement of the parties). Sorry I was slow in getting this up today -- I was in the northern part of the District, Ft. Pierce. I'm not sure who thinks that Ft. Pierce should be part of the Southern District of Florida! I was almost in Disney World.
Anyway, back to LC7. The AP's Curt Anderson reports:
Jurors signaled Thursday they are struggling to reach verdicts in the case against seven men accused of plotting with al-Qaida to blow up Chicago's Sears Tower and bomb FBI offices.
Jurors sent a note in their fourth day of deliberations that they have not reached agreement on the guilt or innocence of any of the seven defendants on any of the four terror-related conspiracy charges.
"There has been significant discussion regarding the evidence and the law," said Gregory Prebish, attorney for defendant Burson Augustin. "It's clear that the jury is unable to reach a unanimous verdict for any one of the defendants on any of the counts."
Anyway, back to LC7. The AP's Curt Anderson reports:
Jurors signaled Thursday they are struggling to reach verdicts in the case against seven men accused of plotting with al-Qaida to blow up Chicago's Sears Tower and bomb FBI offices.
Jurors sent a note in their fourth day of deliberations that they have not reached agreement on the guilt or innocence of any of the seven defendants on any of the four terror-related conspiracy charges.
"There has been significant discussion regarding the evidence and the law," said Gregory Prebish, attorney for defendant Burson Augustin. "It's clear that the jury is unable to reach a unanimous verdict for any one of the defendants on any of the counts."
Tuesday, December 04, 2007
Louis Robles gets 15 years
This was the obvious result after the judge rejected the agreement of the parties to a 10 year deal. I still don't believe a judge should reject a plea agreement worked out in our adversary system (previously discussed here and here). I wonder if the prosecutors still argued for 10 years at the sentencing hearing as they believed this was the appropriate sentence... I think the feds (or Judge Gold) should release Robles from the appellate waiver so that he can argue to the 11th Circuit that the judge's rejection of the deal was inappropriate. Wouldn't it be nice to get some clarity about this from the appellate court?
SDFLA Blog question of the day -- Why won't the government abandon its appellate waiver so that Robles can litigate (with the government's support) whether district judges should be permitted to reject plea agreements.
SDFLA Blog question of the day -- Why won't the government abandon its appellate waiver so that Robles can litigate (with the government's support) whether district judges should be permitted to reject plea agreements.
Jose Padilla sentencing postponed
Due to a death in Judge Cooke's family, the Jose Padilla sentencing has been postponed until January. Our condolences to Judge Cooke and her family during this time.
Padilla co-defendant attempts suicide at FDC
Jay Weaver is reporting here that Jose Padilla co-defendant Adham Amin Hassoun attempted suicide last week at the Federal Detention Center. Sentencing on Padilla, Hassoun, and Jayoussi was supposed to begin tomorrow, but we're told that it has been pushed off until January.
In other news, the Liberty City 7 jury has the case (via Vanessa Blum). Over/under on verdict? As with the Padilla verdict, I say verdicts by the end of the week. (Rumpole never did send me my check...)
In other news, the Liberty City 7 jury has the case (via Vanessa Blum). Over/under on verdict? As with the Padilla verdict, I say verdicts by the end of the week. (Rumpole never did send me my check...)
Monday, December 03, 2007
Informant killed
Jay Weaver details the murder case involving an informant here. The strange thing is the person that the informant was cooperating against was set to plead two days after the informant was killed. Here's the intro to the interesting article:
Wearing all black with a hood over his head, the hit man ran up the driveway of a central Miami-Dade home, pulled out a 9mm pistol and popped the FBI informant.
Seconds later, the shooter jumped into a getaway car. He had just shot his target in the back of the head outside the target's father-in-law's house. In the fleeing car, the shooter told the driver that the victim had ''looked scared'' just before he shot him at close range.
And so began the murder-for-hire investigation into the hit on Mahmoud Elchami on the afternoon of Nov. 19, 2006, according to FBI records filed in federal court. Agents say Elchami was murdered because he was going to testify as a key witness in a drug trial.
Agents allege the man who pulled the trigger is Joshua John Laing, who will be arraigned on Monday in the killing of Elchami, who died one day after the shooting. After his arrest, Laing, 22, confessed he committed the shooting in exchange for thousands of dollars, according to an FBI affidavit.
Wearing all black with a hood over his head, the hit man ran up the driveway of a central Miami-Dade home, pulled out a 9mm pistol and popped the FBI informant.
Seconds later, the shooter jumped into a getaway car. He had just shot his target in the back of the head outside the target's father-in-law's house. In the fleeing car, the shooter told the driver that the victim had ''looked scared'' just before he shot him at close range.
And so began the murder-for-hire investigation into the hit on Mahmoud Elchami on the afternoon of Nov. 19, 2006, according to FBI records filed in federal court. Agents say Elchami was murdered because he was going to testify as a key witness in a drug trial.
Agents allege the man who pulled the trigger is Joshua John Laing, who will be arraigned on Monday in the killing of Elchami, who died one day after the shooting. After his arrest, Laing, 22, confessed he committed the shooting in exchange for thousands of dollars, according to an FBI affidavit.
Thursday, November 29, 2007
Florida group was a terrorist cell seeking 'unholy alliance' with al-Qaida
That was Jackie Arango closing today in the Liberty City 7 case.
Lots of coverage here (Miami Herald), here (Sun-Sentinel), and here (AP).
From the Sun-Sentinel article:
Arango urged jurors to reject defense claims that the group's leader Narseal Batiste only pretended to be a terrorist in a fraud to extort money from the informant.
"A fraud is trying to get you to buy into something that is patently not true," Arango said. "That is the only fraud going on here."
The men, struggling construction workers who hung out in a Liberty City warehouse, are charged with trying to join forces with al-Qaida in plots to bomb the 110-story Sears Tower in Chicago and the FBI headquarters in North Miami Beach.
If convicted, each faces up to 70 years in prison.The jury is expected to begin deliberating Friday after defense lawyers complete their closing arguments.
Lots of coverage here (Miami Herald), here (Sun-Sentinel), and here (AP).
From the Sun-Sentinel article:
Arango urged jurors to reject defense claims that the group's leader Narseal Batiste only pretended to be a terrorist in a fraud to extort money from the informant.
"A fraud is trying to get you to buy into something that is patently not true," Arango said. "That is the only fraud going on here."
The men, struggling construction workers who hung out in a Liberty City warehouse, are charged with trying to join forces with al-Qaida in plots to bomb the 110-story Sears Tower in Chicago and the FBI headquarters in North Miami Beach.
If convicted, each faces up to 70 years in prison.The jury is expected to begin deliberating Friday after defense lawyers complete their closing arguments.
What is the appropriate sentence for Jose Padilla?
Judge Cooke is tasked with sentencing Jose Padilla next week. The Government is asking for life. The defense is asking for something much less.
Should Padilla get credit for time served in the brig?
Should he get extra credit because of his treatment?
Should the judge consider the fact that Padilla will likely serve his time at the worst federal prison in America -- ADX Florence?
Here is Caruso on that last point -- from the defense memo:
"By the Bureau of Prisons own admission, ADX Florence is 'hell.' Surely the Court, in arriving at a just sentence for Mr. Padilla, should take into account that he will serve his sentence in hell."
Now that's powerful stuff.
Should Padilla get credit for time served in the brig?
Should he get extra credit because of his treatment?
Should the judge consider the fact that Padilla will likely serve his time at the worst federal prison in America -- ADX Florence?
Here is Caruso on that last point -- from the defense memo:
"By the Bureau of Prisons own admission, ADX Florence is 'hell.' Surely the Court, in arriving at a just sentence for Mr. Padilla, should take into account that he will serve his sentence in hell."
Now that's powerful stuff.
Electing a public defender?
We haven't discussed the recent announcement by Bennett Brummer that he will be retiring and not seeking re-election next year as Miami's Public Defender. (Rumpole has been posting a bunch about it.)
What I find interesting about the state system is that Florida elects its public defenders. I think it's a bad idea to have elections for public defenders (and for judges).
First, how do people campaign for public defender? "I am a really good criminal defense lawyer and will free more criminal defendants than my opponent." I don't think that's going to be too successful.... They certainly can't run on the tough on crime platform. What if a prosecutor decides to run saying that if elected, he would assign the best defense attorneys to the few innocent clients and the rest will rightfully be convicted? Sounds ridiculous, but you see the point.
The federal system has it right -- the public defender should be appointed, based on merit. See, e.g., Kathy Williams.
Luckily, we have had a great Miami PD for the past 30 years in Brummer. It will be interesting to see how this election plays out.
What I find interesting about the state system is that Florida elects its public defenders. I think it's a bad idea to have elections for public defenders (and for judges).
First, how do people campaign for public defender? "I am a really good criminal defense lawyer and will free more criminal defendants than my opponent." I don't think that's going to be too successful.... They certainly can't run on the tough on crime platform. What if a prosecutor decides to run saying that if elected, he would assign the best defense attorneys to the few innocent clients and the rest will rightfully be convicted? Sounds ridiculous, but you see the point.
The federal system has it right -- the public defender should be appointed, based on merit. See, e.g., Kathy Williams.
Luckily, we have had a great Miami PD for the past 30 years in Brummer. It will be interesting to see how this election plays out.
Wednesday, November 28, 2007
Wellington businessman Dan Miteff pleads guilty....
...in the middle of trial.
More here from the Sun-Sentinel:
In a stunning turn, Wellington businessman Dan Miteff changed his plea to guilty this morning at the beginning of the third day of this criminal fraud trial.Miteff entered the courtroom at the U.S. District Court in West Palm Beach late looking ashen and distraught. Then, after conferring with his attorney, Chris Grillo, Miteff told Judge Kenneth Ryskamp, "I plead guilty."Miteff, 56, faced 20 counts in connection with a conspiracy with former County Commissioner Tony Masilotti to purchase 49 acres of land from Archdiocese of Palm Beach County in Royal Palm Beach.
More here from the Sun-Sentinel:
In a stunning turn, Wellington businessman Dan Miteff changed his plea to guilty this morning at the beginning of the third day of this criminal fraud trial.Miteff entered the courtroom at the U.S. District Court in West Palm Beach late looking ashen and distraught. Then, after conferring with his attorney, Chris Grillo, Miteff told Judge Kenneth Ryskamp, "I plead guilty."Miteff, 56, faced 20 counts in connection with a conspiracy with former County Commissioner Tony Masilotti to purchase 49 acres of land from Archdiocese of Palm Beach County in Royal Palm Beach.
Monday, November 26, 2007
Informants in the Liberty City 7 case
Bob Norman of the New Times has this interesting piece about the informants from the Liberty City 7 case. He argues that the jury is not hearing enough of the informants' background. Here's the intro:
One extorted $7,000 from a friend who raped his girlfriend and then, after accepting the money, beat her up and went to jail.
The other failed an FBI polygraph test while working on an undercover investigation, which one former FBI agent says should have disqualified him from ever working for the government again. Oh, and he was also once charged with roughing up a woman.
And these are supposed to be the good guys.
HT: Fake Admiral
One extorted $7,000 from a friend who raped his girlfriend and then, after accepting the money, beat her up and went to jail.
The other failed an FBI polygraph test while working on an undercover investigation, which one former FBI agent says should have disqualified him from ever working for the government again. Oh, and he was also once charged with roughing up a woman.
And these are supposed to be the good guys.
HT: Fake Admiral
Sunday, November 25, 2007
Back to work
Hope everyone had a nice Thanksgiving weekend.... Updates on the district:
1. The Liberty City 7 case is slowly coming to a close -- closing arguments should start at the end of this week. Jay Weaver had a story in the Herald this weekend about the case.
2. Chief Judge Federico Moreno will be speaking at the federal bar luncheon on December 12 (CORRECTED) at noon at the Banker's club. Last month's event with Judges Barkett and Marcus sold out and was really fun. If you are interested in attending, RSVP soon.
3. The South Asian Bar Association is hosting a complimentary wine and cheese night on Wednesday, December 5 from 6:00 p.m. to 8:00 p.m. with Saira Rao, author of the Chambermaid, the controversial and entertaining debut novel. The event will take place at SolAmbit's new office located at 700 South Andrews Avenue, Fort Lauderdale, Florida 33301. For more information on the author and the book, please visit http://srv.markuslaw.com/exchweb/bin/redir.asp?URL=http://www.sairarao.com/.
4. Judge Cooke denied the post-trial motions in the Padilla case, which means the sentencing (and appeal) will proceed. Vanessa Blum has more here.
5. I found this article really interesting about Judge Paul Cassell leaving the district court bench to go back to being a law professor:
Cassell said he found himself questioning some laws at each turn. "I felt like it was proper judicial role to ask questions, even if we weren't necessarily charged with fixing the problem," he said. But he wanted to do more — he wanted to make a change. Being a federal judge, he couldn't do that. "One of the frustrations about being a trial court judge is that you never set broad principles of law; of course, that's reserved for the appellate courts. ... When I was there for 5 1/2 years, I began to think that maybe I would have more effect in moving the law in a way that I think is desirable by doing appellate litigation."
There aren't too many more powerful positions than a federal judge, yet Cassell was "frustrated" he couldn't do more. He has a lot more to say, including his position on draconian federal sentences... It's worth a read.
(HT: Orin Kerr and Doug Berman)
1. The Liberty City 7 case is slowly coming to a close -- closing arguments should start at the end of this week. Jay Weaver had a story in the Herald this weekend about the case.
2. Chief Judge Federico Moreno will be speaking at the federal bar luncheon on December 12 (CORRECTED) at noon at the Banker's club. Last month's event with Judges Barkett and Marcus sold out and was really fun. If you are interested in attending, RSVP soon.
3. The South Asian Bar Association is hosting a complimentary wine and cheese night on Wednesday, December 5 from 6:00 p.m. to 8:00 p.m. with Saira Rao, author of the Chambermaid, the controversial and entertaining debut novel. The event will take place at SolAmbit's new office located at 700 South Andrews Avenue, Fort Lauderdale, Florida 33301. For more information on the author and the book, please visit http://srv.markuslaw.com/exchweb/bin/redir.asp?URL=http://www.sairarao.com/.
4. Judge Cooke denied the post-trial motions in the Padilla case, which means the sentencing (and appeal) will proceed. Vanessa Blum has more here.
5. I found this article really interesting about Judge Paul Cassell leaving the district court bench to go back to being a law professor:
Cassell said he found himself questioning some laws at each turn. "I felt like it was proper judicial role to ask questions, even if we weren't necessarily charged with fixing the problem," he said. But he wanted to do more — he wanted to make a change. Being a federal judge, he couldn't do that. "One of the frustrations about being a trial court judge is that you never set broad principles of law; of course, that's reserved for the appellate courts. ... When I was there for 5 1/2 years, I began to think that maybe I would have more effect in moving the law in a way that I think is desirable by doing appellate litigation."
There aren't too many more powerful positions than a federal judge, yet Cassell was "frustrated" he couldn't do more. He has a lot more to say, including his position on draconian federal sentences... It's worth a read.
(HT: Orin Kerr and Doug Berman)
Wednesday, November 21, 2007
Judge Jordan dismisses Jack Thompson's lawsuit
We covered all the back and forth earlier, so here's the conclusion -- case dismissed in a 24 page order. Of course, GamePolitics has all the details...
And yes, Thompson has already filed an emergency appeal.
And yes, Thompson has already filed an emergency appeal.
Rumpole vs. Mayo
Rumpole is fired up -- he goes to town on Sun-Sentinel columnist Mike Mayo here for his coverage of the Ken Jenne sentencing. (I'm a Mike Mayo fan and generally agree with him, but I agree with Rumpole on this one. What's going on this week -- I'm agreeing with Fred Grimm and Rumpole, and disagreeing with Mike Mayo...)
Here's a snippet:
Judge D did just what we want a Judge to do in a sentencing hearing: he weighed the defendant’s entire life against his admitted crimes. Judge D saw beyond the public’s cry for blood lust and vengeance and he fashioned a sentence that punished Mr. Jenne but was proportionate to his crime. Mr. Jenne served the public for over 30 years, and for the most part he served the public well. He left a lucrative law practice for public service, and along the way he made mistakes and lapses of judgment that became crimes. Jenne damn well should have known better, and for that reason the former Sheriff of Broward County sits in jail cell as you are reading this. That along with the public humiliation, probable disbarment, possible loss of pension, and financial burdens now thrust upon Mr. Jenne’s 60 year old wife are sufficient punishment for this man.
But Mr. Mayo cannot (or more likely ,chooses not) to see that the justice system does not exist merely for the judge to be a human calculator in which he or she totals the high possible sentence and then imposes that sentence. We have had (and currently have) our share of those Judges in Miami State court, and none of those Judges are especially admired for their acumen, insight and legal decisions.
In Mayo’s world, every time a judge does not arrive at the maximum sentence, especially for a public figure, it means the justice system is broken and served by a bunch of liberal “turn em loose” Judges who with a wink and a nod let their politician pals loose. That type of column catches the eye of the public, not to mention Hollywood, but it does a disservice to the readers of the Sun Sentinel and the citizens of Broward.
There's a lot more... Go read it.
Here's a snippet:
Judge D did just what we want a Judge to do in a sentencing hearing: he weighed the defendant’s entire life against his admitted crimes. Judge D saw beyond the public’s cry for blood lust and vengeance and he fashioned a sentence that punished Mr. Jenne but was proportionate to his crime. Mr. Jenne served the public for over 30 years, and for the most part he served the public well. He left a lucrative law practice for public service, and along the way he made mistakes and lapses of judgment that became crimes. Jenne damn well should have known better, and for that reason the former Sheriff of Broward County sits in jail cell as you are reading this. That along with the public humiliation, probable disbarment, possible loss of pension, and financial burdens now thrust upon Mr. Jenne’s 60 year old wife are sufficient punishment for this man.
But Mr. Mayo cannot (or more likely ,chooses not) to see that the justice system does not exist merely for the judge to be a human calculator in which he or she totals the high possible sentence and then imposes that sentence. We have had (and currently have) our share of those Judges in Miami State court, and none of those Judges are especially admired for their acumen, insight and legal decisions.
In Mayo’s world, every time a judge does not arrive at the maximum sentence, especially for a public figure, it means the justice system is broken and served by a bunch of liberal “turn em loose” Judges who with a wink and a nod let their politician pals loose. That type of column catches the eye of the public, not to mention Hollywood, but it does a disservice to the readers of the Sun Sentinel and the citizens of Broward.
There's a lot more... Go read it.
Tuesday, November 20, 2007
National Law Journal on South Florida blogs
Julie Kay has this piece on local legal blogs, which includes a shout-out to the SDFLA blog.
The story focuses on the JAABlog and also discusses Rumpole (who just celebrated his 2 year blog b-day) and the new South Florida Lawyers blog. When this blog started almost 2 1/2 years ago, there weren't any other local blogs to read. Now, these three blogs are all on my daily reading list. They are all really good. I especially enjoy the Justice Building Blog by Rumpole; I think he should start an anonymous blog about the federal courts...
The story focuses on the JAABlog and also discusses Rumpole (who just celebrated his 2 year blog b-day) and the new South Florida Lawyers blog. When this blog started almost 2 1/2 years ago, there weren't any other local blogs to read. Now, these three blogs are all on my daily reading list. They are all really good. I especially enjoy the Justice Building Blog by Rumpole; I think he should start an anonymous blog about the federal courts...
Fred Grimm on the Sentencing Guidelines
I very rarely agree with Fred Grimm, but today he criticizes the Sentencing Guidelines, and I couldn't agree more.
Grimm says:
A drama of Shakespearean magnitude was supposed to unfold in a federal courtroom, but it was reduced to numbers.
Reporters, come to learn the fate of the fallen Broward sheriff, sat mystified as the judge and lawyers abandoned English and broke into a secret numerical language. They added. They subtracted. They plugged varying values into a mathematical formula to arrive at hypothetical levels.
Of course, if one starts at Level 12 and concedes a two-level enhancer and compares that to a Level 16 with a downward departure worth three levels, the outcome still fits the 12-to-24-month range. Or is it 18-to-24?
It was as if instead of attending a sentencing hearing at the federal courthouse in Fort Lauderdale, I had stumbled into a math class. The professor, U.S. District Judge William Dimitrouleas, and prosecutor Matt Axelrod crunched the numbers for 30 minutes.
For those of you who thought that the guidelines were a thing of the past, you couldn't be more wrong. Judges still must consider the guidelines and therefore must engage in this ritual of adding and subtracting points. More from Grimm:
And Ken Jenne, once the most powerful politician in Broward County, sat impassively as lawyers debated what numerical values to assign aspects of his life. Criminal transgressions minus good works. Either add or subtract values for acceptance of responsibility, the money he filched, his remorse, his reluctance to admit guilt. Figure years of public service but take an upward departure for betraying the public trust.
It amounted to a downward departure from reality. As if a judge only needed a black robe and hand calculator.
Grimm says:
A drama of Shakespearean magnitude was supposed to unfold in a federal courtroom, but it was reduced to numbers.
Reporters, come to learn the fate of the fallen Broward sheriff, sat mystified as the judge and lawyers abandoned English and broke into a secret numerical language. They added. They subtracted. They plugged varying values into a mathematical formula to arrive at hypothetical levels.
Of course, if one starts at Level 12 and concedes a two-level enhancer and compares that to a Level 16 with a downward departure worth three levels, the outcome still fits the 12-to-24-month range. Or is it 18-to-24?
It was as if instead of attending a sentencing hearing at the federal courthouse in Fort Lauderdale, I had stumbled into a math class. The professor, U.S. District Judge William Dimitrouleas, and prosecutor Matt Axelrod crunched the numbers for 30 minutes.
For those of you who thought that the guidelines were a thing of the past, you couldn't be more wrong. Judges still must consider the guidelines and therefore must engage in this ritual of adding and subtracting points. More from Grimm:
And Ken Jenne, once the most powerful politician in Broward County, sat impassively as lawyers debated what numerical values to assign aspects of his life. Criminal transgressions minus good works. Either add or subtract values for acceptance of responsibility, the money he filched, his remorse, his reluctance to admit guilt. Figure years of public service but take an upward departure for betraying the public trust.
It amounted to a downward departure from reality. As if a judge only needed a black robe and hand calculator.
Monday, November 19, 2007
How to treat defendants as people
From last week's DBR (via South Florida Lawyers):
Sara San Martin, 39, also known as Sara Echeverria, pleaded guilty to two felony counts of bank fraud for allegedly writing checks from the personal accounts of the late Miami maritime attorney William Huggett.
***
In court Tuesday, San Martin tearfully answered questions posed to her by U.S. District Judge Judge Adalberto Jordan, who at one point sent a box of tissues over to her.
Sara San Martin, 39, also known as Sara Echeverria, pleaded guilty to two felony counts of bank fraud for allegedly writing checks from the personal accounts of the late Miami maritime attorney William Huggett.
***
In court Tuesday, San Martin tearfully answered questions posed to her by U.S. District Judge Judge Adalberto Jordan, who at one point sent a box of tissues over to her.
Friday, November 16, 2007
''I think he could have been governor one day.''
That was Judge Dimitrouleas at Ken Jenne's sentencing today. Judge D ordered Jenne to surrender on the spot for his year and a day sentence (the extra day is added so that Jenne will get good time credit -- the sentence has to be more than a year). Jenne will end up serving about 10 months.
Although the parties had agreed that the advisory guidelines were 18-24 months, the probation office recommended a guideline range of 12-18 months. The government lawyers were requesting a high-end sentence of 24 months. Even though the defense was asking for probation, this was a pretty big win for Jenne. U.S. Attorney Alex Acosta came out and criticized the sentence as too light.*
Here's the initial coverage by the Herald and the Sun-Sentinel.
SDFLA blog question of the day: 10 months in jail -- appropriate sentence? too high? too low?
*I thought the U.S. Attorney's office maintains that guideline sentences are always reasonable, so I'm not sure why this guideline sentence -- after a plea and acceptance of responsibility -- isn't reasonable.
Although the parties had agreed that the advisory guidelines were 18-24 months, the probation office recommended a guideline range of 12-18 months. The government lawyers were requesting a high-end sentence of 24 months. Even though the defense was asking for probation, this was a pretty big win for Jenne. U.S. Attorney Alex Acosta came out and criticized the sentence as too light.*
Here's the initial coverage by the Herald and the Sun-Sentinel.
SDFLA blog question of the day: 10 months in jail -- appropriate sentence? too high? too low?
*I thought the U.S. Attorney's office maintains that guideline sentences are always reasonable, so I'm not sure why this guideline sentence -- after a plea and acceptance of responsibility -- isn't reasonable.
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