Trust us...

Magistrate Judge Barry Garber recommended that the motion to suppress the confession of the FIU Professor/Cuban agent be denied and that the motion to dismiss be denied (Jay Weaver, Herald). The defense contended that government agents had promised Carlos Alvarez that if he talked to them, they would not prosecute. That promise was not enough to suppress or dismiss according to the magistrate judge. Alvarez has ten days to appeal to the district court.

Trial time

Vanessa Blum has the story about a trial starting Monday morning involving the leaders of a Dania Beach-based union, American Maritime Officers. The two criminal defense lawyers, Neal Sonnett and Fred Haddad, represent the defendants. I think these are two of the best trial lawyers in Florida, and it will be fun to see them try a case together because their styles are so different... Anyone who catches some of the trial, please feel free to post a comment.

No joke...

via Abovethelaw.com:

Doe, A Deer, A Female Deer = Sexytime!

Bestiality-oriented necrophiliacs who live in Wisconsin, we bring you some potentially good news. In the next few weeks, a court could hold that you may have your way with whatever animals you please -- as long as they're dead.

From The Smoking Gun:

Meet Bryan James Hathaway, alleged venison lover. The Wisconsin man, 20, is facing charges that he had sex last month with a dead deer. Hathaway, who previously has served time for killing a horse he intended to sexually assault, allegedly found the deer in a ditch alongside a roadway.

Now Hathaway's lawyer has filed a court motion (a copy of which you'll find here) arguing that since the animal was already dead, Hathaway should not face a misdemeanor rap of sexual gratification with an animal. "The statute does not prohibit one from having sex with a carcass," lawyer Fredric Anderson wrote in the motion filed in Douglas County Circuit Court.

Anderson isn't trying to be a wise-ass; he has a plausible argument of statutory interpretation. Here's an account of the court hearing on the motion, from The Daily Telegram:

The Webster’s dictionary defines “animal” as “any of a kingdom of living beings,” Anderson said. If you include carcasses in that definition, he said, “you really go down a slippery slope with absurd results.”

Anderson argued: When does a turkey cease to be an animal? When it is dead? When it is wrapped in plastic packaging in the freezer? When it is served, fully cooked?

Sounds persuasive to us. So how did the prosecution respond? Well, they got a little Platonic on defendant's ass:

“The common and ordinary meaning of a word can be found in how people actually use the word,” Boughner wrote in his response to the motion.
When a person’s pet dog dies, [Assistant District Attorney James Boughner argued], the person still refers to the dog as his or her dog, not a carcass.
“It stays a dog for some time,” Boughner said.... “It did not lose its essence as a deer, an animal, when it died,” he said.

We hope the defendant prevails. 'Cause we're really looking forward to Thanksgiving.

Can You Get Dear With A Dead Deer? [The Smoking Gun]
Case Presents Unprecedented Challenge [The Daily Telegram]

News and notes

1. Jack Abramoff is reporting to jail. (CNN)

2. Steve Chaykin and Dan Gelber are reporting to Akerman Senterfit. (Daily Business Review)

3. On Stearns Weaver's motion, Judge Gold is stopping claims services from the unlicensed practice of law in the Exxon case. (DBR)

4. Patagonian toothfish in federal court. (Miami Herald)

5. The 11th Circuit has fast tracked the Government's appeal in Padilla. (Miami Herald)

6. Santiago Alvarez was sentenced to nearly four years in prison and Osvaldo Mitat to 3 years. (Sun-Sentinel)

Copy of Padilla Torture response

Here is a copy of the government's response to Jose Padilla's claims of torture, and here is Professor Froomkin's analysis of same.

Torture response

The government has responded to Padilla's claims of torture, denying all of them. Here's the AP story and a brief quote:

"Padilla's conditions of confinement were humane and designed to ensure his safety and security," the government said in its filing. "His basic needs were met in a conscientious manner." That included halal food, some outdoor exercise and medical attention when necessary. Prosecutors said Padilla never made any abuse claims while in military custody. "Padilla's allegations of torture have no merit whatsoever," prosecutors said.

If anyone has the brief, please email it to me and I'll try to post it.

Speaking of chiefs....

Chief Justice John Roberts was in town tonight, speaking at the University of Miami before an audience of about 3,600. For those that weren't able to attend, here's the AP summary. Sounds like the Chief still isn't as bold as is Justice Scalia who spoke at Yale this weekend. Here's a summary of his remarks, in which he says things like this in response to why stick to originalism:

"Originalists can have fun too!"
"I don't pretend to have all of the answers, but I have most of them!"
"My point is not that originalism is perfect, but that it's better than everything else."
"If you are a non-originalist, it's you have zero answers. Every day is a new day for you."
"Stay tuned, if we look at the ceiling next year, we may come up with the answer."
"Unless you can come up with some theory as to how the Constitution evolves, you can't answer anything!"

UPDATE: Here is the Herald article in which our own Judge Mary Barzee is quoted: ''He was so poised and seemed very happy to be here,'' said Mary Barzee, a Miami-Dade Circuit Court judge who attended Monday's event. ``He's clearly a champion of the rule of law.'' The Herald article also has a link to the entire audio, which is pretty cool.

(Soon to be Chief) Judge Moreno

Julie Kay writes today about Judge Moreno becoming Chief of the District in July. The article is very favorable to Judge Moreno (rightfully so). Here is the conclusion to the article:

Moreno was appointed to the bench in 1990 by President George H.W. Bush. He began his legal career as an associate with a civil law firm before becoming an assistant federal public defender in Miami. He then switched back to the private sector, becoming a partner at Thornton Rothman & Moreno in Miami. In 1986, he was appointed a Miami-Dade County Court judge. The following year, he was elevated to the circuit court by Republican Gov. Bob Martinez. Moreno has received numerous awards, including the 2004 Lawyer of the Americas Award, the Outstanding Immigrant Award from Catholic Charities Legal Services, the Pro Bono Service Award of the Cuban-American Bar Association and the “People Helping People” Award from the United Way of Miami-Dade. He is consistently rated near the top in Miami-Dade County Bar Association polls. Miami criminal defense attorney Roy Black calls Moreno “the perfect person for that job.” “He’s so engaging and personable,” Black said. “He treats the lawyers on both sides with courtesy and is the kind of person who can build consensus.”

In the same article, there is discussion about the Bankest sentencings that have been continued. Apparently the guidelines are life. Considering the recent variances in white collar sentencings in Enron, Adelphia, Dynegy, and so on, I don't think Judge Jordan will impose a life sentence.