Paula McMahon, who has been covering the Kenneth Wilk trial for the Sun-Sentinel, has this interesting article in today's paper re the defense witnesses in the case. From the intro:
A second medical expert says there is objective evidence that Kenneth Wilk has AIDS-related dementia and likely had the condition when he fatally shot Broward Sheriff's Deputy Todd Fatta more than 21/2 years ago.Medical testing of Wilk's brain shows damage consistent with dementia, said Dr. Jeff Gelblum, a Miami Beach and Aventura neurologist, in two days of testimony that ended Monday in federal court in Fort Lauderdale.
(As an aside, who is the anonymous person who keeps emailing me these articles?)
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, May 08, 2007
Monday, May 07, 2007
Broward Blog controversy...
Broward judges have been taking some heat lately. Check out this article in which the Chief Judge of Broward Circuit Court, Dale Ross, blames the JAABLAW blog for the court's woes.
[Chief Judge] Ross on Friday repeatedly referred to the blog and its "undermining" effect."I am disturbed honestly and truly that there are folks that want us to fail," he said.Attorney Bill Gelin, who helped establish the Justice Advocacy Association of Broward blog, said the postings are geared toward "positive change and proactivity.""There's been a desperate need for some kind of communication medium like this," Gelin said. "Nepotism, cronyism and cynicism have set in here and we're talking about fixing the real problems."
Bill Gelin responds on the blog:
I just wanted to add to my previous statements about Judge Ross saying we are "undermining" the judiciary. I've been fielding calls and questions all day on this issue, and I've gone from bemusement to anger. The bottom line, in my mind, is that this type of judicial behavior is nothing new in Broward, and that these judges don't need my help, or this blog's help, in undermining the 17th Judiciary. They are doing a great job all by themselves.
Ouch. I think Judge Carney's letter to the Miami Herald is a much stronger argument than Ross' complaint about the blog. Here's Carney:
Re the May 3 editorial Intemperate judges tarnish judicial system: The Broward County bench is made up of 90 judges -- 58 circuit judges and 32 county judges. The editorial and recent articles unfairly lump the entire Broward bench under an umbrella based on the actions of a few judges.
This does a disservice to most of the judges who have dedicated their careers to public service. Most important, however, it does a disservice to the residents of Broward County by undermining confidence in their courts.
Judicial polls routinely show that the vast majority of Broward judges are viewed as qualified or extremely qualified to hold their positions. These ratings are independently made by the attorneys of Broward County who practice in front of them.
The problem, of course, is that in the last couple of months, we've had pot, crying, and NHI -- in high profile proceedings. Yikes...
Hat tip on the JAABLAW blog: Rumpole.
[Chief Judge] Ross on Friday repeatedly referred to the blog and its "undermining" effect."I am disturbed honestly and truly that there are folks that want us to fail," he said.Attorney Bill Gelin, who helped establish the Justice Advocacy Association of Broward blog, said the postings are geared toward "positive change and proactivity.""There's been a desperate need for some kind of communication medium like this," Gelin said. "Nepotism, cronyism and cynicism have set in here and we're talking about fixing the real problems."
Bill Gelin responds on the blog:
I just wanted to add to my previous statements about Judge Ross saying we are "undermining" the judiciary. I've been fielding calls and questions all day on this issue, and I've gone from bemusement to anger. The bottom line, in my mind, is that this type of judicial behavior is nothing new in Broward, and that these judges don't need my help, or this blog's help, in undermining the 17th Judiciary. They are doing a great job all by themselves.
Ouch. I think Judge Carney's letter to the Miami Herald is a much stronger argument than Ross' complaint about the blog. Here's Carney:
Re the May 3 editorial Intemperate judges tarnish judicial system: The Broward County bench is made up of 90 judges -- 58 circuit judges and 32 county judges. The editorial and recent articles unfairly lump the entire Broward bench under an umbrella based on the actions of a few judges.
This does a disservice to most of the judges who have dedicated their careers to public service. Most important, however, it does a disservice to the residents of Broward County by undermining confidence in their courts.
Judicial polls routinely show that the vast majority of Broward judges are viewed as qualified or extremely qualified to hold their positions. These ratings are independently made by the attorneys of Broward County who practice in front of them.
The problem, of course, is that in the last couple of months, we've had pot, crying, and NHI -- in high profile proceedings. Yikes...
Hat tip on the JAABLAW blog: Rumpole.
Sunday, May 06, 2007
Weekend reading...
The Herald had a bunch of stuff this weekend:
1. "The former Monroe County attorney wound up with probation for his role in a bribery and corruption case dating back nearly a decade." Judge Highsmith sentenced James Hendrick, former Magistrate Judge Hugh Morgan's partner, to probation and said: ''An awful lot of people came forward on your behalf. Do not disappoint us.''
2. "Feds cast wide net in Pepe Diaz probe: A federal investigation into a Miami-Dade commissioner revolves around a law that has been a boon to prosecutors, but that a defense lawyer rips as a `toxic waste dump.'" That's Richard Sharpstein, our local quote master.
3. "Lesser sentences sought for two Posada associates: The U.S. attorney's office in Miami agreed to lower the prison sentences of two Cuban exiles with ties to anti-Castro militant Luis Posada Carriles."
1. "The former Monroe County attorney wound up with probation for his role in a bribery and corruption case dating back nearly a decade." Judge Highsmith sentenced James Hendrick, former Magistrate Judge Hugh Morgan's partner, to probation and said: ''An awful lot of people came forward on your behalf. Do not disappoint us.''
2. "Feds cast wide net in Pepe Diaz probe: A federal investigation into a Miami-Dade commissioner revolves around a law that has been a boon to prosecutors, but that a defense lawyer rips as a `toxic waste dump.'" That's Richard Sharpstein, our local quote master.
3. "Lesser sentences sought for two Posada associates: The U.S. attorney's office in Miami agreed to lower the prison sentences of two Cuban exiles with ties to anti-Castro militant Luis Posada Carriles."
More Awards
Last night the Miami Chapter of the Florida Association of Criminal Defense Lawyers had its annual banquet (this year's was at the JW Marriot on Brickell). Great turnout to honor Kathy Williams, Scott Fingerhut, Paul Rashkind, and Judge Joseph Farina. Each of the honorees gave incredible speeches. (I was president of FACDL-Miami this year; Barry Wax is taking over.)
It's been a very difficult couple of weeks for the criminal defense lawyer and criminal defendant in state court. No more rebuttal close for the defense, and court appointed funding for conflict cases (their equivalent to CJA lawyers) is no more. Instead, there will be an underfunded second public defender's office to handle conflicts. It's a total disaster. Most of the speakers discussed these recent events.
Federal sightings: Judge Moreno, Judge Brown, U.S. Attorney Alex Acosta, and lots of federal PDs.
It's been a very difficult couple of weeks for the criminal defense lawyer and criminal defendant in state court. No more rebuttal close for the defense, and court appointed funding for conflict cases (their equivalent to CJA lawyers) is no more. Instead, there will be an underfunded second public defender's office to handle conflicts. It's a total disaster. Most of the speakers discussed these recent events.
Federal sightings: Judge Moreno, Judge Brown, U.S. Attorney Alex Acosta, and lots of federal PDs.
Saturday, May 05, 2007
"Lawyer for alleged madam seen as quite a case himself"
Because this guy has South Florida ties, I post this really strange article about Montgomery Blair Sibley, the lawyer for the DC Madam. (thanks for the comment -- the link is fixed).
Thursday, May 03, 2007
Congrats to Judge Federico Moreno
He was awarded the Lifetime Achievement Award by the Greater Miami Jewish Federation. Judges Steve Leifman and Gerald Wetherington also received awards.
Lots of funny moments in the speech, but I particularly liked when he thanked his clerks and said that it was the best part of the job because he added to his family every year. Really nice...
Tuesday, May 01, 2007
Wilk defense
Kenneth Wilk's turn...
The Government rested and painted a pretty awful picture of Wilk.
Now Wilk is putting on evidence that he had AIDS dementia (via Sun-Sentinel), which is why he did what he did:
An expert witness testified for the defense that Kenneth Wilk had AIDS dementia on the day he fatally shot a Broward sheriff's deputy, and said there was independent medical evidence, which could not be faked, to support the diagnosis.Symptoms of the condition are not easily observed and that could explain why Wilk was not previously diagnosed, said Dr. Michael Maher, a Tampa physician and psychiatrist, in two days of testimony that ended Monday in federal court.
"I am very confident that he ... suffers from AIDS dementia," Maher said last week.Another defense medical expert is expected to testify that MRI and other scans of Wilk's brain show evidence of dementia.
The Government rested and painted a pretty awful picture of Wilk.
Now Wilk is putting on evidence that he had AIDS dementia (via Sun-Sentinel), which is why he did what he did:
An expert witness testified for the defense that Kenneth Wilk had AIDS dementia on the day he fatally shot a Broward sheriff's deputy, and said there was independent medical evidence, which could not be faked, to support the diagnosis.Symptoms of the condition are not easily observed and that could explain why Wilk was not previously diagnosed, said Dr. Michael Maher, a Tampa physician and psychiatrist, in two days of testimony that ended Monday in federal court.
"I am very confident that he ... suffers from AIDS dementia," Maher said last week.Another defense medical expert is expected to testify that MRI and other scans of Wilk's brain show evidence of dementia.
Monday, April 30, 2007
Jimmy Johnson in Court...
...for jury selection.
Judge King cut him loose -- after figuring out who he was:
A third fellow stepped forward and said his name was James Johnson. He knew the importance of jury duty, he said, but he had a special houseguest and, please, if he wasn't really needed, could he be excused?
Besides, he said, he'd been a defendant in a few minor civil suits, so maybe the lawyers wouldn't want him anyway.
'I said, `What's your business?' '' King recalls. Fox Sports analyst, he said.
King looked at him funny. ''Did you coach?'' ``Yes.''
''Where?'' King asked. Miami Dolphins, Dallas Cowboys, University of Miami, Oklahoma State. He rattled off others -- Iowa State, Wichita State.
''That's enough,'' said King as folks in the courtroom laughed. By then, the judge realized it was Jimmy Johnson.
King, 79, joked about his lousy hearing and wisecracked: ``Now I've proven that I can't see very well, either. I should have recognized you.''
Johnson, 63, an Islamorada resident, told King his houseguest was Bill Parcells, who recently retired as Dallas head coach. He planned to take the Big Tuna fishing.
King excused Johnson, but not before asking him to predict the Gators' record for next season.
Johnson recalls that exchange. 'I said, `I have no idea. I'm the worst in the world at picking games.' ''
King may not have recognized him, but others did. As Johnson sat on the courthouse steps at 7:30 a.m., waiting for the building to open, he got waves from passersby and requests for autographs.
Assistant U.S. Attorney Ben Daniel, assistant federal public defender Hector Flores and Key West attorney Charles Milligan say Johnson appeared smaller than on TV. Daniel: ''A very humble guy.'' Flores: ''Very charming.'' Milligan: ''Didn't have his hair as bouffant-ed up.'' Defense lawyer Albert Levin got an autograph.
Coincidentally, Johnson received a summons for state jury duty in Marathon that same day. He was excused from that, too -- after the feds called on his behalf to say he had already reported in Key West.
King says he had no problem putting Johnson on waivers. ``We accommodate people.''
Judge King cut him loose -- after figuring out who he was:
A third fellow stepped forward and said his name was James Johnson. He knew the importance of jury duty, he said, but he had a special houseguest and, please, if he wasn't really needed, could he be excused?
Besides, he said, he'd been a defendant in a few minor civil suits, so maybe the lawyers wouldn't want him anyway.
'I said, `What's your business?' '' King recalls. Fox Sports analyst, he said.
King looked at him funny. ''Did you coach?'' ``Yes.''
''Where?'' King asked. Miami Dolphins, Dallas Cowboys, University of Miami, Oklahoma State. He rattled off others -- Iowa State, Wichita State.
''That's enough,'' said King as folks in the courtroom laughed. By then, the judge realized it was Jimmy Johnson.
King, 79, joked about his lousy hearing and wisecracked: ``Now I've proven that I can't see very well, either. I should have recognized you.''
Johnson, 63, an Islamorada resident, told King his houseguest was Bill Parcells, who recently retired as Dallas head coach. He planned to take the Big Tuna fishing.
King excused Johnson, but not before asking him to predict the Gators' record for next season.
Johnson recalls that exchange. 'I said, `I have no idea. I'm the worst in the world at picking games.' ''
King may not have recognized him, but others did. As Johnson sat on the courthouse steps at 7:30 a.m., waiting for the building to open, he got waves from passersby and requests for autographs.
Assistant U.S. Attorney Ben Daniel, assistant federal public defender Hector Flores and Key West attorney Charles Milligan say Johnson appeared smaller than on TV. Daniel: ''A very humble guy.'' Flores: ''Very charming.'' Milligan: ''Didn't have his hair as bouffant-ed up.'' Defense lawyer Albert Levin got an autograph.
Coincidentally, Johnson received a summons for state jury duty in Marathon that same day. He was excused from that, too -- after the feds called on his behalf to say he had already reported in Key West.
King says he had no problem putting Johnson on waivers. ``We accommodate people.''
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