"I'm not no prison escapee"

Prison Escapee Convinces Cop He is Actually a Jogger



In this week's New Yorker, there is an article about Richard McNair. McNair may be America's most prolific escapee (bot state and federal). In fact, he is the first person to escape from a maximum security federal prison in thirteen years.

This escape occurred last April when he was being held at USP Pollock in Lousiana. McNair escaped from Pollock by configuring himself within a shrink-wrapped pallet of U.S. Postal Service mailbags that had been refurbished by the prison's inmates. McNair used a snorkel-like cardboard tube to breathe. After the truck that contained the pallet was beyond the fence of the prison, McNair broke through and began running.

Later that day, a local police officer who was on the lookout for McNair actually stopped him "jogging" parrallel to the town's railroad tracks.

The officer stopped McNair and began to question him. The dash-cam of the officer's car captured the "investigation." Needless to say, he talks himself out of arrest.

Jose Padilla - Terrorist or Thug?

By Marc David Seitles

Interesting article in the Miami New Times about Jose Padilla. Author Trevor Aaronson gathered the information for this story from the federal courthouse in Miami, the Broward State Attorney’s Office, and through conducting witness interviews. He concedes, however, that much of the federal government’s evidence against the alleged terrorist remains under seal.

Aaronson basically concludes that “[i]n portraying Padilla as an evil mastermind behind a plot to kill thousands, the federal government forgot one thing: He’s just a punk. Federal and state court records prove that much.” The article details Padilla’s past criminal history in Chicago, his marriage, his conversion to Islam, and his alleged travels to the Middle East.

Probably the most interesting part of the article is the section related to Padilla’s detention by the FBI in 2002 while leaving Chicago’s O’Hare International Airport, and thereafter being declared “a continuing, present, and grave danger to the national security of the United States” by President George Bush.

While the article does not interview any of Padilla’s current lawyers, the author interviews Stephen Vladeck, who worked on the amicus brief that questioned the legality of Padilla’s detention at a navy brig. Mr. Vladeck claims that the government’s story has changed many times regarding Padilla’s role in this alleged terrorist conspiracy and he profoundly adds that “[w]hether Padilla is who the government says he is this time, whether he did what he’s charged with doing or not, there are scary ramifications for the American justice system.”

With very fine lawyers for both the government and the defense, it should be one heck of a trial.

"Cult leader Yahweh Ben Yahweh says he wants to die with dignity"

Curt Anderson has this interesting story about Mr. Yahweh's recent request to get off of supervision because he is dying. The case falls to Judge Marcia Cooke.

Jose Padilla on the offensive

The Federal Defender's Office has filed a number of motions on Jose Padilla's behalf, including a motion to dismiss for pre-indictment delay, a motion to dismiss for a violation of Padilla's speedy trial rights, and a motion to dismiss for outrageous government conduct. The motions have some extreme allegations, including saying the Padilla was tortured for three years because he was held in complete isolation. More to come after I've read them all.

Judge Prior says judiciary's independence not under attack

Despite the general agreement that our judiciary is under attack more than ever, Judge William Prior (on the 11th Circuit) wrote an op-ed, which starts out like this:

Recently some leaders of the bench and bar -- including, on this page last week, retired Justice Sandra Day O'Connor -- have decried what they describe as unprecedented threats to the independence of the judiciary. I respectfully disagree.

You can read the whole thing here.

Huh?

Posted by NOT SCALIA:

Prosecutors in the case of Ze'ev Rosenstein want Israeli undercover agents testifying at his Miami trial to wear disguises and use numbers instead of names to protect their identities. Apparently, this is how the agents would testify in Israel.

I guess that this would be a persuasive argument if the trial proceeded in Tel Aviv. Because the government extradited Rosenstein from Israel to the United States to be prosecuted under our Nation's laws, shouldn't the agents testify without disguises and under their real names?

Read Vanessa Blum's article in the Sun-Sentinel here.

Federal Court filings to be suspended

Ahhh, how technology continues to help us....

Julie Kay reports today that because of the new e-filing system that will be going into effect, the court has to suspend *all* filings (unless it's an emergency or indictment or some other exception) starting tomorrow thru October 12. Here's the Review's summary:

Lawyers who practice in the Southern District of Florida will get a one-week vacation, courtesy of U.S. District Court as it prepares to implement a new, long-awaited electronic case-filing system. No motions or pleadings will be accepted between the close of business Thursday and 9 a.m. on Oct. 12 as the court adopts its new CM/ECF case filing system. Exceptions will be granted for emergencies, such as jurisdictional deadlines for filing an appeal or a statute of limitations deadline. In those cases, motions must be brought by hard copy to the appropriate clerk of the court’s office in Miami, Fort Lauderdale, Fort Pierce and Key West. The court will automatically add five business days to filing and service deadlines that occur during the shutdown period, so no lawyer will be penalized for a delay. Chief Judge William Zloch ordered the shutdown and exceptions in an administrative order posted on the court’s Web site, stating that “a failure to take action may result in a miscarriage of justice.” “The hiatus is necessary,” said Thomas Meeks, chairman of the local rules committee for the Southern District of Florida. “They have to switch everything over.” On Oct. 12, the district will officially switch to the new, nationwide paperless filing system, becoming one of the last federal court districts in the country to do so. At that time, e-filing and hard copy filing will no longer be permitted and attorneys will have to file all motions and pleadings via computer to the Southern District of Florida’s Web site. They’ll be able to do so 24 hours a day, from any location. The only exceptions to electronic filing will be for: • Documents filed under seal • Documents related to habeas cases and Social Security cases • Civil complaints • Civil documents not requiring a filing fee, such as recovery of student loan, bankruptcy appeal, bankruptcy withdrawal, recovery of veteran’s benefits and appointment of a receiver • Criminal complaints, indictments, criminal information and plea agreements • Emergency motions and requests for emergency hearings • Summons • Surety bonds • Proposed trial exhibits The office of clerk of the court Clarence Maddox has been training the estimated 4,000 South Florida lawyers who practice before the court, as well as judges. David Markus, president of the Miami chapter of the Florida Association of Criminal Defense Lawyers, welcomed the court-imposed vacation. “You’ll never find a lawyer who will complain about getting a few extra days to file something,” he said. Julie Kay can be reached at jkay@alm.com or at (954) 468-2622.

Acosta names new execs

Jeffrey Sloman is the new first assistant.
Matt Menchel is chief of criminal.
Karen Gilbert is chief of major crimes.
Robert Senior is the deputy chief of national security, public corruption, and civil rights.