A helpful reader has sent me the following email:
You're missing out on the big civil trial going on right now in front of Judge Altonaga. In 2005, the M/V Norwegian Dawn sailed into a storm off the coast of South Carolina while en-route from the Bahamas to NYC. A class action was brought against NCL, but Judge Altonaga denied certification. The case has proceeded with 400 named plaintiffs. After initially granting plaintiffs' motion for bifurcation, then reversing herself, Judge Altonaga ordered that all 400 cases be tried, five plaintiffs at a time.
The first trial commenced today, and it's expected to last at least three weeks.
The attorneys are Curtis Mase and Richard Lara for NCL; Brett Rivkind and Nicolas Sakellis for the plaintiffs.
Yikes. 400 plaintiffs, 5 at a time is 80 trials. 80 trials at 3 weeks a piece is 240 weeks or 4 1/2 years. I'm sure Judge Altonaga goes home every night and prays to the settlement gods.
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
Thursday, May 17, 2007
Wednesday, May 16, 2007
Tom Langston?
That's the name used by the CIA agent who testified in disguise during yesterday's proceedings in Jose Padilla's trial. Jay Weaver reports:
The man who appeared in Miami federal court on Tuesday hid his identity as a CIA officer by using the alias ''Tom Langston'' and wearing a discreet disguise -- black-rimmed glasses along with a closely cropped beard.
Testifying as a witness in Jose Padilla's terror trial, he told jurors that only three months after the Sept. 11, 2001, terror attacks, an unnamed man in Afghanistan gave him a blue binder with dozens of documents.
Among them: a five-page form written in Arabic that would eventually lead federal investigators to conclude that Padilla had applied to join the al Qaeda terror network.
Here's the AP and the Sun-Sentinel report on the bizarre beginning to the trial.
They let this guy testify in disguise and I can't even bring my phone into the courtroom (it has a camera and is allowed in the building and in every other courtroom) or my briefcase (because it had a newspaper in it). I understand we need security but the lawyers are officers of the court.
My prior coverage of the disguise ruling can be read here. Judge Cooke has had another run-in with a witness wanting to wear an odd item to court. I loved how she handled that one!
The man who appeared in Miami federal court on Tuesday hid his identity as a CIA officer by using the alias ''Tom Langston'' and wearing a discreet disguise -- black-rimmed glasses along with a closely cropped beard.
Testifying as a witness in Jose Padilla's terror trial, he told jurors that only three months after the Sept. 11, 2001, terror attacks, an unnamed man in Afghanistan gave him a blue binder with dozens of documents.
Among them: a five-page form written in Arabic that would eventually lead federal investigators to conclude that Padilla had applied to join the al Qaeda terror network.
Here's the AP and the Sun-Sentinel report on the bizarre beginning to the trial.
They let this guy testify in disguise and I can't even bring my phone into the courtroom (it has a camera and is allowed in the building and in every other courtroom) or my briefcase (because it had a newspaper in it). I understand we need security but the lawyers are officers of the court.
My prior coverage of the disguise ruling can be read here. Judge Cooke has had another run-in with a witness wanting to wear an odd item to court. I loved how she handled that one!
Tuesday, May 15, 2007
Padilla trial day 2
Lots of good Jose Padilla coverage from opening statements yesterday.
But what caught my eye was this reporter's comments about the rules for press coverage:
But court security officers are enforcing an unusual rule for the trial, which is set to get under way with opening statements Monday. They are prepared to prevent members of the media from asking questions of defense lawyers or federal prosecutors at the trial.
In effect, newspaper, radio, and television reporters are being granted observer status – they may sit quietly, watch the trial, and take notes. But if during a court recess they approach a defense lawyer or prosecutor in the courtroom with a question, they risk being whisked away by security officials.
The ban on media questions also extends to the lobby outside US District Judge Marcia Cooke's courtroom and chambers.
If reporters need to ask questions for clarification or routine housekeeping matters during the trial, they must ask their questions somewhere else.
The reporter, Warren Richey, for Christian Science Monitor, then explains what happened to him:
I learned about this rule the hard way. During a recent five-minute recess during jury selection, I approached one of the prosecutors and asked who at the US Attorney's Office was handling questions from the press.
He gave me the name of a spokesperson and a telephone number. When I lifted my notebook to jot these down, a court security officer confronted me. He accused me of conducting an interview and asked me to step out of the courtroom.
I told him that I'd merely asked a question, but added that I'd never heard of a rule barring news reporters from asking questions, or even from conducting brief interviews in a courtroom at a public trial at a time when both the judge and jury were not in the courtroom.
Having covered scores of hearings and trials in the federal courts as a journalist, I am well acquainted with courtroom etiquette. But I have never heard of courtroom officials barring reporters from asking routine questions.
Other reporters spoke with Richey:
Neither has Associated Press correspondent Curt Anderson, who has covered the Padilla case closer than any other reporter. "I don't know of such a rule," he said in an e-mail. "I haven't had any problem talking with the various lawyers anywhere in the courthouse or outside, even in the courtroom itself during breaks."
Jay Weaver of the Miami Herald also says he is unaware of such a rule against journalist questions. "I would like to know what the ground rules are. It is going to come up," he says.
It will be interesting to see exactly what this rule is and how it's enforced. I'm all for protecting the rights of the defendant, and being especially careful in a trial like this is important. That said, the public has a right to see and understand this trial. I really believe we should have cameras in federal court. The Padilla trial should be watched in classrooms and studied. Instead, our country is left with images of OJ as how our justice system works.
But what caught my eye was this reporter's comments about the rules for press coverage:
But court security officers are enforcing an unusual rule for the trial, which is set to get under way with opening statements Monday. They are prepared to prevent members of the media from asking questions of defense lawyers or federal prosecutors at the trial.
In effect, newspaper, radio, and television reporters are being granted observer status – they may sit quietly, watch the trial, and take notes. But if during a court recess they approach a defense lawyer or prosecutor in the courtroom with a question, they risk being whisked away by security officials.
The ban on media questions also extends to the lobby outside US District Judge Marcia Cooke's courtroom and chambers.
If reporters need to ask questions for clarification or routine housekeeping matters during the trial, they must ask their questions somewhere else.
The reporter, Warren Richey, for Christian Science Monitor, then explains what happened to him:
I learned about this rule the hard way. During a recent five-minute recess during jury selection, I approached one of the prosecutors and asked who at the US Attorney's Office was handling questions from the press.
He gave me the name of a spokesperson and a telephone number. When I lifted my notebook to jot these down, a court security officer confronted me. He accused me of conducting an interview and asked me to step out of the courtroom.
I told him that I'd merely asked a question, but added that I'd never heard of a rule barring news reporters from asking questions, or even from conducting brief interviews in a courtroom at a public trial at a time when both the judge and jury were not in the courtroom.
Having covered scores of hearings and trials in the federal courts as a journalist, I am well acquainted with courtroom etiquette. But I have never heard of courtroom officials barring reporters from asking routine questions.
Other reporters spoke with Richey:
Neither has Associated Press correspondent Curt Anderson, who has covered the Padilla case closer than any other reporter. "I don't know of such a rule," he said in an e-mail. "I haven't had any problem talking with the various lawyers anywhere in the courthouse or outside, even in the courtroom itself during breaks."
Jay Weaver of the Miami Herald also says he is unaware of such a rule against journalist questions. "I would like to know what the ground rules are. It is going to come up," he says.
It will be interesting to see exactly what this rule is and how it's enforced. I'm all for protecting the rights of the defendant, and being especially careful in a trial like this is important. That said, the public has a right to see and understand this trial. I really believe we should have cameras in federal court. The Padilla trial should be watched in classrooms and studied. Instead, our country is left with images of OJ as how our justice system works.
Monday, May 14, 2007
"The politics of fear"
That was Anthony Natale's theme in opening for Jose Padilla.
"Political crises can cause parts of our government to overreach. This is one of those times," he said. Natale said Padilla wanted to become an imam — an Islamic religious leader — and asked him to stand for the jury to see. "He's a young man who has been wrongly accused," Natale said.
Again, Curt Anderson got on the board first with this coverage. I'm sure there will be a lot more.....
"Political crises can cause parts of our government to overreach. This is one of those times," he said. Natale said Padilla wanted to become an imam — an Islamic religious leader — and asked him to stand for the jury to see. "He's a young man who has been wrongly accused," Natale said.
Again, Curt Anderson got on the board first with this coverage. I'm sure there will be a lot more.....
"Jose Padilla was an al-Qaida terrorist trainee providing the ultimate form of material support - himself,"
That was Brian Frazier in opening statement. Frazier continued: "Padilla was serious, he was focused, he was secretive. Padilla had cut himself off from most things in his life that did not concern his radical view of the Islamic religion."
Curt Anderson, for the AP, has the first report from today's proceedings...
Padilla's lawyers haven't countered yet. More to follow.
Curt Anderson, for the AP, has the first report from today's proceedings...
Padilla's lawyers haven't countered yet. More to follow.
Congrats to our new Magistrate
A (reliable) little birdie told me that Robin Rosenbaum is our new Ft. Lauderdale Magistrate Judge. Congratulations!
Computer issues
My computer at the office is down as is my server.
This will teach me to go away for the weekend (even if it was for a conference!).
I did manage to get up two posts this morning before everything crashed. Now I'm on the computer of someone down the hall who hasn't made it in to work yet. You know who you are...
In any event, there is a bunch of weekend stuff to catch up on, but it will have to wait until the afternoon. Plus, I'm going to try and make it over to see some openings in Padilla. Will check in later.
This will teach me to go away for the weekend (even if it was for a conference!).
I did manage to get up two posts this morning before everything crashed. Now I'm on the computer of someone down the hall who hasn't made it in to work yet. You know who you are...
In any event, there is a bunch of weekend stuff to catch up on, but it will have to wait until the afternoon. Plus, I'm going to try and make it over to see some openings in Padilla. Will check in later.
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