That's the headline in this AP article about the Miami 7 from Liberty City who are charged with conspiring to blow up the Sears Tower. My favorite part of the article:
Some were clearly bewildered by what had happened to them. One of those arrested in June 2006 even asked the FBI agents interrogating him whether he could have some of the marijuana he had been carrying, according to the statements filed recently in federal court.
That defendant, 23-year-old Naudimar Herrera, asked for ''a rub of my green'' after the agents showed him a videotape of the group swearing loyalty to al Qaeda and its leader, Osama bin Laden, at the direction of an FBI informant the men knew as Mohammed.
''Herrera said that he needed the substance to calm his nerves. . . . Herrera was provided with a bottle of water to drink and was allowed to take a restroom break,'' an FBI summary said.
Classic.
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
Friday, July 06, 2007
Thursday, July 05, 2007
More thoughts on the Padilla jury
As detailed below, a bunch of different blogs are commenting on the Padilla jury. And we have had some interesting comments too. A person who claims to have been on the Libby jury has written in:
J said...
On the Libby jury, we all wore red on Valentine's Day. This jury is wearing red white and blue for the Fourth of July. It wasn't a sign of anything then and it should not be read as one now. It's simply a way to relieve the tension and boredom of being in the courtroom for all those hours. It's hard to keep up, believe me, when it's summer and you're thinking about what to put on the grill rather than what a poor case the government is putting on.
1:04 PM
Interesting. I'm swamped right now so I can't comment further, but I will try to get to it this weekend.
J said...
On the Libby jury, we all wore red on Valentine's Day. This jury is wearing red white and blue for the Fourth of July. It wasn't a sign of anything then and it should not be read as one now. It's simply a way to relieve the tension and boredom of being in the courtroom for all those hours. It's hard to keep up, believe me, when it's summer and you're thinking about what to put on the grill rather than what a poor case the government is putting on.
1:04 PM
Interesting. I'm swamped right now so I can't comment further, but I will try to get to it this weekend.
Happy birthday SDFLA blog
It's been two great years doing this blog. We started Fourth of July weekend two years ago, and since then readership has shot up (last year we were averaging about 175 hits a day, now we are up to well over 300 per day), a bunch of other local blogs have started to cover the courts, and we continue to have fun doing it.
Here is our first post, arguing that the President should appoint a Floridian to the Supreme Court (apparently, he didn't listen!).
And here is our one year anniversary post.
Our second year anniversary post, about the jurors dressing up in the Padilla trial, has gotten a bunch of attention. Thanks to the Volokh Conspiracy, the Wall Street Journal legal blog, Rumpole, Discourse, The National Review, TalkLeft, and a bunch of others for linking to that post. Our numbers are way up because of it...
Here is our first post, arguing that the President should appoint a Floridian to the Supreme Court (apparently, he didn't listen!).
And here is our one year anniversary post.
Our second year anniversary post, about the jurors dressing up in the Padilla trial, has gotten a bunch of attention. Thanks to the Volokh Conspiracy, the Wall Street Journal legal blog, Rumpole, Discourse, The National Review, TalkLeft, and a bunch of others for linking to that post. Our numbers are way up because of it...
Tuesday, July 03, 2007
Dress up day...
So, I thought I was being extremely festive today... not only did I dress up my four year old daughter in red, white, and blue for camp, I even wore a red tie to work. That's nothing though.
In the Jose Padilla trial, jurors showed up today all dressed up. Row one in red. Row two in white. And row three in blue. I'm not kidding.
And this isn't the first time the jury has dressed up. A week back, all of the jurors (save one) wore black.
So what do you make of this. On the one hand, the jury might just be having some fun. This is a long trial and it's not a one hour Law and Order show. It's boring.
Perhaps the jury is unified, which might be a poor sign for the defense. If everyone is thinking the same way at such an early stage, defense lawyers get nervous. Or the prosecution might be concerned because this is obviously a happy jury. Happy juries during a terrorism trial might not be good.
The trial is in recess until next Monday so the lawyers will have plenty of time to make themselves crazy over what all this means.
Any thoughts?
Happy Fourth of July!
In the Jose Padilla trial, jurors showed up today all dressed up. Row one in red. Row two in white. And row three in blue. I'm not kidding.
And this isn't the first time the jury has dressed up. A week back, all of the jurors (save one) wore black.
So what do you make of this. On the one hand, the jury might just be having some fun. This is a long trial and it's not a one hour Law and Order show. It's boring.
Perhaps the jury is unified, which might be a poor sign for the defense. If everyone is thinking the same way at such an early stage, defense lawyers get nervous. Or the prosecution might be concerned because this is obviously a happy jury. Happy juries during a terrorism trial might not be good.
The trial is in recess until next Monday so the lawyers will have plenty of time to make themselves crazy over what all this means.
Any thoughts?
Happy Fourth of July!
UPDATE -- Curt Anderson says that in addition to the black and the red, white, and blue, last Friday all the women wore pink and the men blue. What is going on? Anderson also details how the government expert Rohan Gunaratna was scolded by Judge Cooke today for appearing on CNN yesterday. Dan Christensen and Jay Weaver explain here that the expert is under attack by the defense.
Monday, July 02, 2007
Thoughts on Scooter
President Bush's commutation of Scooter isn't that surprising. But his comments about why he commuted the sentence are:
[C]ritics say the punishment does not fit the crime: Mr. Libby was a first-time offender with years of exceptional public service and was handed a harsh sentence based in part on allegations never presented to the jury....
Mr. Libby was sentenced to 30 months of prison, two years of probation and a $250,000 fine. In making the sentencing decision, the district court rejected the advice of the probation office, which recommended a lesser sentence and the consideration of factors that could have led to a sentence of home confinement or probation.
I respect the jury's verdict. But I have concluded that the prison sentence given to Mr. Libby is excessive. Therefore, I am commuting the portion of Mr. Libby's sentence that required him to spend 30 months in prison....
My decision to commute his prison sentence leaves in place a harsh punishment for Mr. Libby. The reputation he gained through his years of public service and professional work in the legal community is forever damaged. His wife and young children have also suffered immensely. He will remain on probation. The significant fines imposed by the judge will remain in effect. The consequences of his felony conviction on his former life as a lawyer, public servant and private citizen will be long-lasting.
I agree with the President on these points. Defendants shouldn't be punished for conduct which they have not agreed to or which hasn't been proven to a jury beyond a reasonable doubt. First time non-violent offenders in many cases should not receive jail time. There are alternatives to incarceration that work in many many cases and will work for Scooter Libby. We don't have to worry that he will be reoffending.
The problem with the President's reasoning is that the Sentencing Guidelines prescribe this result and his administration continues to push these guidelines in every case, no matter the individual circumstances. This, of course, is wrong -- not just in Scooter's case, but in a great deal of cases. I hope sentencing judges and prosecutors look at the President's comments and see that the Guidelines need not be applied mechanistically in every case.
[C]ritics say the punishment does not fit the crime: Mr. Libby was a first-time offender with years of exceptional public service and was handed a harsh sentence based in part on allegations never presented to the jury....
Mr. Libby was sentenced to 30 months of prison, two years of probation and a $250,000 fine. In making the sentencing decision, the district court rejected the advice of the probation office, which recommended a lesser sentence and the consideration of factors that could have led to a sentence of home confinement or probation.
I respect the jury's verdict. But I have concluded that the prison sentence given to Mr. Libby is excessive. Therefore, I am commuting the portion of Mr. Libby's sentence that required him to spend 30 months in prison....
My decision to commute his prison sentence leaves in place a harsh punishment for Mr. Libby. The reputation he gained through his years of public service and professional work in the legal community is forever damaged. His wife and young children have also suffered immensely. He will remain on probation. The significant fines imposed by the judge will remain in effect. The consequences of his felony conviction on his former life as a lawyer, public servant and private citizen will be long-lasting.
I agree with the President on these points. Defendants shouldn't be punished for conduct which they have not agreed to or which hasn't been proven to a jury beyond a reasonable doubt. First time non-violent offenders in many cases should not receive jail time. There are alternatives to incarceration that work in many many cases and will work for Scooter Libby. We don't have to worry that he will be reoffending.
The problem with the President's reasoning is that the Sentencing Guidelines prescribe this result and his administration continues to push these guidelines in every case, no matter the individual circumstances. This, of course, is wrong -- not just in Scooter's case, but in a great deal of cases. I hope sentencing judges and prosecutors look at the President's comments and see that the Guidelines need not be applied mechanistically in every case.
Cuban spy speaks
BBC World Service program Newshour has the exclusive interview with convicted Cuban spy Gerardo Hernandez, who received a life sentence from Judge Lenard. His case is still on appeal and is set to be argued in August.
Looks to be an interesting interview. Jay Weaver covers it here. Here's the intro:
A convicted Cuban spy network leader admitted in a prison interview that he was an ''agent'' for Cuba's government, but that he infiltrated South Florida to defend his homeland against alleged attacks by Miami exile ``terrorists.''
Gerardo Hernandez, imprisoned for life in a federal penitentiary in California, said he was not guilty of conspiring with the Cuban air force to shoot down exile pilots over the Florida Straits in 1996 as part of his spy mission.
''Absolutely not,'' Hernandez, 40, said in an interview with the BBC World Service program Newshour, which airs today. During the exclusive interview, Hernandez said the ''worst part'' of his imprisonment was not being able to see his wife of 19 years because the U.S. government has rejected giving her a visa.
Hernandez said he also spoke by phone two years ago with Fidel Castro, who said ''he was confident that justice will prevail'' in the spy case.
Looks to be an interesting interview. Jay Weaver covers it here. Here's the intro:
A convicted Cuban spy network leader admitted in a prison interview that he was an ''agent'' for Cuba's government, but that he infiltrated South Florida to defend his homeland against alleged attacks by Miami exile ``terrorists.''
Gerardo Hernandez, imprisoned for life in a federal penitentiary in California, said he was not guilty of conspiring with the Cuban air force to shoot down exile pilots over the Florida Straits in 1996 as part of his spy mission.
''Absolutely not,'' Hernandez, 40, said in an interview with the BBC World Service program Newshour, which airs today. During the exclusive interview, Hernandez said the ''worst part'' of his imprisonment was not being able to see his wife of 19 years because the U.S. government has rejected giving her a visa.
Hernandez said he also spoke by phone two years ago with Fidel Castro, who said ''he was confident that justice will prevail'' in the spy case.
New Chief Judge
Congrats to Judge Moreno on becoming Chief Judge of the Southern District of Florida. And a big thank you to Judge Zloch for his service over the past 7 years. It's not an easy position and it's mostly thankless. Here's the district's press release about the change. Any thoughts as to how the district will change with the new chief?
PRESS RELEASE
Judge Federico A. Moreno Succeeds Judge William J. Zloch
as Chief United States District Judge for the Southern District of Florida
Effective July 1, 2007, Federico A. Moreno succeeds William J. Zloch as Chief United States District Judge for the Southern District of Florida. Judge Zloch, appointed to the District Court in November 1985, became Chief Judge on July 1, 2000 and was eligible to serve for seven years as Chief Judge. He concluded his seven-year term as Chief Judge on June 30, 2007. Judge Moreno, appointed to the District Court in July 1990, is the next judge in order of seniority eligible to assume the duties of Chief Judge. The duties of the District’s Chief Judge are listed at 3.00.00 of the Southern District of Florida’s Internal Operating Procedures available under “Rules” on the Court’s internet site: http://www.flsd.uscourts.gov/.
The Southern District of Florida spans eight South Florida counties with a total population estimated at over 6.3 million residents. The District is among the busiest federal trial court jurisdictions in the country and is served by 18 active district judges, five senior district judges, 18 magistrate judges, and about 550 employees. The Court conducts sessions in Key West, Miami, Fort Lauderdale, West Palm Beach, and Fort Pierce.
Chief Judge Moreno’s chambers are located in the James Lawrence King Federal Justice Building, 99 NE Fourth Street, Miami, Florida.
Contact:
Clarence Maddox, Court Administrator
United States District Court
301 N. Miami Avenue
Room 321
Miami, Florida 33128
ADDED: Isn't it nice that we don't have any chief controversies. Check out Rumpole and JAABlog for the craziness in Broward Circuit Court!
PRESS RELEASE
Judge Federico A. Moreno Succeeds Judge William J. Zloch
as Chief United States District Judge for the Southern District of Florida
Effective July 1, 2007, Federico A. Moreno succeeds William J. Zloch as Chief United States District Judge for the Southern District of Florida. Judge Zloch, appointed to the District Court in November 1985, became Chief Judge on July 1, 2000 and was eligible to serve for seven years as Chief Judge. He concluded his seven-year term as Chief Judge on June 30, 2007. Judge Moreno, appointed to the District Court in July 1990, is the next judge in order of seniority eligible to assume the duties of Chief Judge. The duties of the District’s Chief Judge are listed at 3.00.00 of the Southern District of Florida’s Internal Operating Procedures available under “Rules” on the Court’s internet site: http://www.flsd.uscourts.gov/.
The Southern District of Florida spans eight South Florida counties with a total population estimated at over 6.3 million residents. The District is among the busiest federal trial court jurisdictions in the country and is served by 18 active district judges, five senior district judges, 18 magistrate judges, and about 550 employees. The Court conducts sessions in Key West, Miami, Fort Lauderdale, West Palm Beach, and Fort Pierce.
Chief Judge Moreno’s chambers are located in the James Lawrence King Federal Justice Building, 99 NE Fourth Street, Miami, Florida.
Contact:
Clarence Maddox, Court Administrator
United States District Court
301 N. Miami Avenue
Room 321
Miami, Florida 33128
ADDED: Isn't it nice that we don't have any chief controversies. Check out Rumpole and JAABlog for the craziness in Broward Circuit Court!
Sunday, July 01, 2007
The Government Strikes Back
From all accounts, this past week was the Government's strongest in the Jose Padilla trial. Its expert witness, Rohan Gunaratna, supposedly did a very nice job on direct. Cross-examination will take a while, and with Court in session on Monday and Tuesday only this week, he will likely be on the stand for the next two weeks. Here's the AP on Gunaratna ("A prosecution terrorism expert testified Friday that a form purportedly filled out by Jose Padilla was identical to those used by al-Qaida for recruits to its premier al-Farooq training camp in Afghanistan.").
To top it off, jurors also saw Padilla co-defendant Adham Amin Hassoun in shackles outside the courtroom. Hassoun's lawyers weren't too happy. Mistrial denied.
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