Very sad day...

via Rumpole, SY GAER HAS PASSED AWAY

If you didn't know Sy because you don't get over to state court, you missed out. This man is a legend and embodied the Metro Justice Building. What a loss.

Govt rebuttal in Padilla trial to start today

And closing arguments will start Monday the 13th!

Now when will we get a verdict? Any guesses on how long the jury will be out? The over/under is Friday the 17th at 5PM.

Executive branch vs. Judicial branch

The Louis Robles case has pitted prosecutors against the judiciary. The government and the defense had worked out a deal for Robles -- 10 years in prison plus restitution -- and that deal had the blessing of the receiver and almost all of the victims.

Judge Gold, however, won't accept the deal, saying it's too lenient. The government recently filed a 16 page motion for reconsideration explaining why the plea made sense. Judge Gold denied that motion, which now leaves the government with two choices. It can try a case that neither party wants to try. Or it can dismiss the counts that carry more than a 10 year maximum, leaving Judge Gold with no choice but to sentence Robles to 10 years, even after a trial.

Oftentimes, defense lawyers complain that sentencing is driven by prosecutors and that it should be left to judges to sentence, not executive officers. In this case, prosecutorial discretion is important in capping the sentence.

Any thoughts on what the U.S. Attorney's office should do? Should they defer to the judge or stand up for their position?

Here are previous posts on the Robles case. Our initial coverage of the issue is here. The DBR covers the story today but there is no free link yet.

Battle dead

The intro to the Miami Herald obit:

Jose Miguel Battle Sr., former godfather of the Cuban mob, died in federal custody at a dialysis facility in South Carolina, his attorney confirmed to The Miami Herald late Sunday. He was 77.
Battle, who had been suffering from liver failure, diabetes and cardiac problems, was awaiting a spot in federal prison to serve out his 20-year sentence on racketeering charges, attorney Jack Blumenfeld said. He died Friday morning.
''He was in a private place, an assisted-living facility,'' said Blumenfeld, Battle's attorney since 1978. ``He was sick for a long time.''

Battle was in the middle of an estimated year long trial in front of Judge Gold when he pleaded guilty. He was allowed to remain out on bond so that he could die at home instead of in jail. His health was so bad during the trial that he slept in a recliner chair throughout most of the day.

Go, Dore, Go!

As the Padilla trial winds down, we're happy to post another installment of Go, Dore, Go!



From all accounts, it was a good day for Kifah Wael Jayyousi in court yesterday. From the AP:

The testimony by Erol Bulur was aimed at bolstering claims by Padilla co-defendant Kifah Wael Jayyousi that his group, American Worldwide Relief, was focused on providing humanitarian aid to oppressed Muslims around the globe and not on assisting Islamic extremist warriors.
Bulur ran a warehouse in Paterson, New Jersey, that received and dispatched four large shipping containers containing about 25,000 pounds (11,340 kilograms) each of supplies to Chechen refugees in 1995 and 1996. Jurors were shown a video of the warehouse, including boxes of goods labeled "AWR" for Jayyousi's San Diego-based organization.
"These were shipments coming in from around the country?" asked Jayyousi attorney Marshall Dore Louis.
"Yes," the Turkish-born Bulur replied.
The testimony provided a counterpoint to prosecution witnesses and FBI wiretap intercepts that implicate Jayyousi and Adham Amin Hassoun, both 45, in a worldwide support network for Islamic jihadist groups, including al-Qaida. Hassoun allegedly recruited Padilla, 36, to become a mujahedeen fighter while both attended a mosque in Sunrise, Florida.

And the Miami Herald had an article, titled: "Witness for Padilla presents strong testimony":

With the end of the trial near, a defense team in the Jose Padilla terror case put on its strongest witness Thursday, when he testified that a suspected front for terrorists was actually a legitimate Islamic relief group.
Erol Bulur testified that he used his New Jersey warehouse to store tens of thousands of pounds of used clothes, canned foods and medicine donated by American Worldwide Relief, an organization run by a defendant in the Padilla trial.
Bulur said in Miami federal court that the relief group's efforts accounted for as much as two-thirds of all the supplies that he shipped from his warehouse through Turkey to Chechnya's embattled Muslims in 1995 and 1996.
''A lot more than two or three boxes were sent by American Worldwide Relief,'' said the Turkish-born Bulur [in response to direct questioning by Dore Louis], rebutting a prosecutor's attempt to downplay the group's significant humanitarian role in the Chechen conflict. Indeed, jurors were shown video of Bulur's warehouse and 40-foot cargo containers.
His testimony was powerful because it called into question a central theme in the U.S. government's case: that defendant Kifah Wael Jayyousi, a leader of American Worldwide Relief, used the group as a front to provide money, equipment and other supplies to Islamic terrorists overseas.

Next week, we get to the prosecution's rebuttal case. Here's the Sun-Sentinel discussing the Padilla strategy of not calling any witnesses.

Hugget's office manager charged

From the Daily Business Review:


Since the sudden death of Miami maritime attorney William Huggett three years ago, his widow has been fighting his former staff for taking all her husband's cases to a newly formed law firm and charging her $739,000 for bonuses and vacation pay.

In a stunning twist, a federal grand jury in Miami indicted Sara San Martin, Huggett's former office manager and bookkeeper, in June for allegedly writing fraudulent checks on Huggett's accounts to pay off her mortgage and a truck loan. San Martin was charged with bank fraud and faces a possible sentence of 30 years in prison.

She retained Miami attorney Brian Tannebaum this week.


Here's the Indictment and Amended Complaint.

Another fashionable lawyer

We highlighted the Herald's coverage about fashionable Carolyn Kellman a while back.

Another lawyer is now profiled for his fashion, Brian James (pictured left from the Herald article). From the article:

Residence: Belle Meade in Miami's Upper East Side

Haunts: I usually shop at traditional places like Macy's simply because it's easy when everything is under one roof.

Passion du jour: I am passionate about traveling. I like going all over the world and I always seem to take notice of the cultural differences with regards to fashion.

His look: A little preppy but definitely still unique.

What influences his choices: I've come to realize that my wife was a big influence in my fashion. When I met her I only wore black, and over time she's really turned me into this man that you see, full of color, eclectic, mix-matched and funky. Even when I'm working and have to wear my suits I make sure that my choices of shirt and tie show my individuality.

From his firm site:

Brian T. James concentrates his practice on representing individuals and corporations in controversies with federal, state and local regulatory and law enforcement agencies. As a former judicial intern with the Honorable Judge Donald L. Graham, Southern District of Florida, and a former certified legal intern with the Dade County Public Defender’s Office, Mr. James has experience with both Federal and State courts. Mr. James also served as an Internal Compliance Auditor for a Florida state bank where he advised on the areas of mandatory and voluntary compliance regulations within the banking industry.

While at the University of Miami School of Law, Mr. James served on the managing board of the Business Law Review, as vice-president of the Moot Court Board and as Chief Justice of the Student Bar Association's Supreme Court. He also was awarded "Best Appellate Brief" and "Most Rounded Competitor" in the 1999/2000 Oral Argument Competition.

Mr. James is a member of The Florida Bar, the Dade and Broward County Bar Associations, the Black Lawyers Association, and the Caribbean Bar Association. His community and civic activities include serving as vice president to the board of trustees for the Playground Theatre for Young Audiences, Inc., board member of the Arts and Business Council of Miami, as well as a volunteer in many organizations including the United Way, the Community Partnership for the Homeless and Habitat for Humanity.

Padilla trial wrapping up

The defense case will conclude by this Friday. Jose Padilla's lawyers said they will not be presenting any witnesses. That means the Government rebuttal case is next week and closing arguments will be the week of the 13th.