Terror arrests in Miami

Lots of coverage tonight on the alleged terrorists arrested in the Southern District of Florida. Now the question is whether they will be charged and tried here or in some other district...
Also, does is strike you as strange that every article is mentioning that Jose Padilla is awaiting trial in Miami? There is no alleged connection with these arrests and Padilla so why does every single article mention him?

HEAT HEAT HEAT!!

Wow. Unbelievable. We've been waiting for this for so long. So happy for them... especially Zo. When he blocks a shot, it's better than 5 baskets. Wade is beyond words. Shaq delivers on his promise. UD comes up big. Payton's huge shots. Walker's 3rd quarter. Clutch Posey... And how about Riley.

So many great story lines.

Everyone in Miami is dragging a little today from the last 2 months of playoff hoops. But it is such a happy tired feeling... What a great year.

Sorry for rambling.

If the Heat isn't your thing, and you need Southern District news, check out this Padilla report in the Herald (concerning Judge Cooke granting some pre-trial motions for the defense) and a lengthy article about his co-defendant Adham Hassoun in the Daily Business Review.

Abramoff, Kidan get 3 month surrender extension

So reports the AP here. They are in full cooperation mode. I have to imagine that there are a number of nervous congressmen.

Two new state judges

Congrats to two colleagues -- Reemberto Diaz and Barbara Lagoa. Jeb Bush appointed Reemberto to serve as a state trial judge and Barbara to serve as a state appellate judge. I have tried cases with Reemberto Diaz and have had cases with Barbara Lagoa and believe they will make fantastic judges. Below is the Miami Herald squib with the background on both. I wish both of them well. The criminal defense bar will miss Reemberto and the U.S. Attorney's office will miss Barbara Lagoa. Congratulations again to both.

BUSH APPOINTS LAGOA, DIAZ TO BENCH

Gov. Jeb Bush appointed Assistant U.S. Attorney Barbara Lagoa to the Third District Court of Appeal and Miami attorney Reemberto Diaz to the Circuit Court on Friday.

Lagoa, 38, of Coral Gables, will be the first Cuban-American woman to serve on the 11-member appellate court for Miami-Dade and Monroe counties. She fills a vacancy created by the resignation of Judge David Levy.

Prior to joining the U.S. Attorney's Office in 2003, Lagoa was in private practice at the law firm of Greenberg Traurig. She is a graduate of Florida International University with a law degree from Columbia University.

Diaz, 49, of Coral Gables, is filling a vacancy created by the death of Circuit Judge Henry Leyte-Vidal. Diaz is in private practice. He is a graduate of the University of Miami, with a law degree from Nova Southeastern University.

Bomb squad

Julie Kay reports today that there was bomb scare at the federal courthouse. The article is below. Anyone know what case this is?

When police blew up a suspicious box that caused the evacuation of two federal buildings in downtown Miami, they may have blown up a federal criminal case. Authorities evacuated the courthouses Monday due to a bomb scare.

The Miami Police bomb squad responded and destroyed the box, but it may have contained evidence from a just-decided case. The James Lawrence King Federal Justice Building and the David W. Dyer Federal Building both were evacuated at about 2:30 p.m. for an hour or so on Monday. Hundreds of attorneys and courthouse staffers were ushered out of the buildings by federal marshals wearing yellow vests. They were directed to the street in front of the Federal Detention Center while the bomb squad did its work. Federal judges and magistrates were taken out of the building separately and taken to an undisclosed location.

“A special robot went over to the box, and it went kaboom,” said Mark Schnapp, a partner at Greenberg Traurig in Miami who was at the U.S. attorney’s office when the building was evacuated. But according to two lawyers who were present during the bomb scare and did not want to be named, it turned out that the box contained papers and evidence left on the sidewalk by a federal agent.

The two lawyers said the evidence was from a criminal case in which a verdict had just been reached. That evidence included fake guns and wiretap equipment. Lt. Bill Schwartz, a spokesman for the Miami Police Department, confirmed that the box left between the Miami Dade College campus and the James Lawrence King courthouse contained papers. But he said he had no details about the nature of the papers or who left them there. “Someone accidentally put something down,” Schwartz said. “We felt the need to evacuate the buildings.”

Alberto Hidalgo, a spokesman for the U.S. Marshals Service in Miami, confirmed that the box was blown up by the police bomb squad but said he had no information about what was in the box. Matt Dates, a spokesman for U.S. Attorney Alex Acosta, declined to comment on what the box contained. “We don’t talk about security matters,” he said. If the box did contain evidence in the criminal case, it’s unclear how the loss of the evidence may affect any appeal. Some observers found humor in the situation. “That’s smoking-gun evidence,” said Miami criminal defense attorney David O. Markus, “just not in the way that the agent was hoping for.”

"Is it legal to fire a woman because her breasts are too large?"

Via Ann Althouse, that is the legal question presented in the case of Alice Alyse v. the producers (and various other people associated with) Movin' Out (the Billy Joel musical), filed here in Miami. Alice is represented by Larry Klayman. Here's the Washington Post article. Here's the lawsuit. And here is her website (in case you want to judge for yourself).

Bill Clinton & Bill Nelson

I went to the Bill Clinton/Bill Nelson event tonight. Speakers included: Clinton, Nelson, Nelson's wife Grace, his son Billy, Jim Davis, Rod Smith, Alcee Hastings, and Debbie Wasserman-Schultz. Other than Clinton who everyone was there for, I thought Alcee stole the show and the night. All of the speakers joked that Clinton was late, as usual. But he, as always, delivered a magnetic speech -- there is a rock-star quality to the former President.

Interestingly, there were a number of prosecutors in attendance...

Rock Paper Scissors

Since I highlighted the rock paper scissors order from Judge Presnell a couple days ago, the links to this site and the site meter have been exploding (watch out Rumpole). Fun stuff. Even the mainstream media has picked it up, with articles in just about every major newspaper and big-news website (like CNN). Here's an article from the NY Times, which I liked...

June 9, 2006
Lawyers Won't End Squabble, So Judge Turns to Child's Play
By ADAM LIPTAK
Fed up with the inability of two lawyers to agree on a trivial issue in an insurance lawsuit, a federal judge in Florida this week ordered them to "convene at a neutral site" and "engage in one (1) game of 'rock, paper, scissors' " to settle the matter.

Childish lawyers are commonplace, but the use of children's games to resolve litigation disputes is apparently a new development. The judge, Gregory A. Presnell of Federal District Court in Orlando, wrote that his innovation was "a new form of alternative dispute resolution."

The proximate cause of Judge Presnell's ruling, issued Tuesday, was a motion saying the two lawyers in the case could not agree about where to conduct the deposition of a witness. The choices were the building where they both work, four floors apart, or a court reporter's office down the street.

Judge Presnell's order indicated that deciding such things was not part of the job of a federal judge. Still, wary that the lawyers would start a new battle over where to conduct the rock-paper-scissors showdown, Judge Presnell gave them a default site: the front steps of the federal courthouse in Tampa.

That will not be necessary, said David J. Pettinato, a lawyer for the plaintiff. He and his adversary have agreed to meet on June 30, Mr. Pettinato said, at "an undisclosed location."
Mr. Pettinato added that he had been wasting no time since the order came down and had been training with his daughters, who are 5 and 9. They have advised him to open with rock.

Mr. Pettinato said he was inclined to agree "because my case is solid as a rock."
That would be an unusual opening for a lawyer, said Matti Leshem, the co-commissioner of the USA Rock Paper Scissors League, which he described as the governing body of the sport, whose headquarters are in Los Angeles.

"I guarantee you right now," Mr. Leshem said, "that both lawyers will open with paper. Lawyers open with paper 67 percent of the time, because they deal with so much paper."
Mr. Leshem offered to officiate the match. "What I don't want," he said, "is some rogue element of rock-paper-scissors coming down from the bench. When the law takes rock-paper-scissors into its own hands, mayhem can occur."

The second lawyer in the case, D. Lee Craig, declined through a spokesman to preview his strategy. Judging from the spokesman's tone, Mr. Craig did not find the matter especially amusing.

That would be in keeping with the compliment Mr. Craig paid to Mr. Pettinato in a letter last week. "Apparently you think it is in your client's interest to create as much misery and bad feeling as you are able," Mr. Craig wrote. "In those endeavors, you are most able."