Yahweh Ben Yahweh dies at 71

Here's the obit from the Herald:

Yahweh Ben Yahweh, the South Florida sect leader whose brand of black supremacist preachings drew his followers into a brotherhood of murder and terror in the 1980s, has died in Miami, his lawyers said.
Lawyer Ben Kuehne said Ben Yahweh, 71, died in his sleep overnight. ''Cancer is the cause,'' Kuehne said. Ben Yahweh had been ill with prostate cancer.
The self-proclaimed ''Black Messiah,'' Yahweh based his operation in the bunker-like Temple of Love in Liberty City, once telling his followers that white people were terrorists and that unbelievers were devils.
Federal prosecutors, however, branded him the most notorious criminal in South Florida. Convicted of conspiracy, he served 11 years of an 18-year federal prison sentence.
Born Hulon Mitchell Jr. in Oklahoma, the preacher and activist moved to South Florida in 1978 and changed his name to the Hebrew words for ``God, son of God.''
A charismatic leader, he founded the Nation of Yahweh, boasting thousands of followers who often dressed in white and who once won praise for rehabilitating blighted Miami neighborhoods.
According to a book on Yahweh written by former Miami Herald reporter Sydney P. Freedberg, Yahweh was the oldest child of a minister. He joined the Nation of Islam before turning up in Orlando as Brother Love and eventually finding fertile ground among the poor and black in Miami.
Yahweh, who called himself a prophet and wore a turban and flowing white robes, preached racial and religious separatism for blacks.
At the same time, he amassed a real estate and business empire worth at least $8 million. He won favor with prominent local politicians, who considered him a positive force for inner city neighborhoods. Yahweh and his followers opened grocery stores, hotels and apartment complexes.
Just a month before Yahweh's indictment in 1990, then-Mayor Xavier Suarez declared Oct. 7 as Yahweh Ben Yahweh Day.
Federal prosecutors, however, accused him of plotting 14 Miami-Dade County murders, two other attempted murders and of ordering the firebombing of a Delray Beach neighborhood in 1986 to further his religious empire.
Federal and state investigators spent millions of dollars and more than a decade tracking 20 homicides they believed were connected to the Miami-based religious sect. Yahweh's only conviction came on the conspiracy charge.
In October 2006, after Yahweh completed five years of parole, two of his lawyers, Jayne Weintraub and Steven Potolsky, went to federal court in an attempt to end his parole. They said the prostate cancer had metastasized and he was dying.
The attempt to free him from parole ultimately succeeded, Weintraub said Tuesday.
Yahweh had been living alone in Miami after his release from prison, his lawyers said, and he had kept away from his former followers.
In court papers, they wrote that Yahweh was ``greatly desirous of the simple dignity of being permitted to die a free man, not a parolee.''

"Witness: Tests indicate murder suspect has AIDS dementia"

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?)

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.

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."

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.

"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).

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...

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.