"After 30 years, judge working hard until ‘they carry me out’"

Here is a very interesting profile on Judge William Hoeveler by Julie Kay.

There is also a five part video series from the interview, with Part I here. It's a little hard to hear Hoeveler but if you turn your volume up, it's definitely worth watching. It's pretty rare to get a judge on the record like this, so it's fascinating...

Here are some of the Q&As from the article:

Do you regret speaking out about the Everglades case?
That needed to be said. I was disturbed that our settlement and order pursuant to that was torpedoed by the Legislature after just a few days. And the lobbyists’ role in the matter didn’t please me either. But [Chief Judge Federico A. Moreno] has the case now, and he’s a fine judge. He’ll do well with it. But I probably spoke out too much.

Do you consider yourself an environmentalist?
Yes. The environment and the Everglades are one of my favorite causes. I take environmental positions when they are correct and don’t when they are not.

What other causes are you passionate about?
The First Amendment. I’ve had several important First Amendment cases. I feel extremely strongly about the right to speak out. The First Amendment is an extremely important area. I’m a Constitution lover. I’m distressed at what is happening now to the Fourth Amendment [right to due process]. It is being chipped away … the right to privacy. But I better not say anything more about that, some cases might come before me.

Do you regret any of your rulings?
No. I’m comfortable with all my rulings.

How has the bench changed since you first arrived?
In the ’70s, we handled a lot of drug cases. Also, our bench has grown much larger. We had six or seven judges then, now we have 16 or 18. We’re getting more civil cases now because we have more judges.

Has the quality of lawyering before you changed any over the years?
Not much. They have excellent career prosecutors at the U.S. attorney’s office and lots of new young lawyers who are good. Both prosecution and defense are pretty high quality here.

Who are the best trial lawyers you’ve seen in action?
Roy Black, Albert Krieger, Pat Sullivan, Dick Gregorie, Neal Sonnett.

We hear a lot about activist judges. Do you believe there are activist judges?
I read a lot that there are. But I don’t think there are. They don’t please everybody. [He reads a passage from his well-worn copy of the book “The Imitation of Christ,” a 15th century Christian spiritual book.] “And he that neither coveteth to please men nor feareth to displease them, shall enjoy much peace. From inordinate love and vain fear ariseth all disquietness of heart and distraction of the thoughts.” All judges should follow that.

Have you ever received a death threat?
Once. I received a phone call at my house threatening me from someone when I was hearing the Omega 7 case in 1984. [The case involved an anti-Fidel Castro group accused of bombing the Venezuelan and Mexican consulates]. For two weeks, we had marshals around the clock. I don’t know how they got my home phone number because it’s not listed.

Were you afraid?
My wife was moved by it.

What was your hardest decision on the bench?
The rock mining case. But I can’t get into it because it’s on appeal.

Who are your heroes?
Former Chief Judge Clyde Atkins. 11th U.S. Circuit Court of Appeals Judge Peter Fay. My contemporary judges are all my heroes, and some of the newer ones. Dwight Eisenhower. Jimmy Carter. He wasn’t that well-thought of but I thought he was a good and honest man. The writer Thomas Merton.

What about John F. Kennedy?
I didn’t like him. He played around too much.

Do you pray? [Hoeveler is a devout Episcopalian].
I pray every day. I pray before I rule.

Do you have any hobbies?
My hobby is my wife, Christine. We married three years ago. She was my physical therapist.

What are you most proud of in your career?
I’m proud of being a federal judge and doing what I think is right. Maybe I was wrong sometimes, but I have no regrets.

How long do you plan to keep working?
I’ll continue to work until they carry me out.

Noriega va en France

“This court never intended for the proclamation of defendant as a P.O.W. to shield him from all future prosecutions for serious crimes he is alleged to have committed,” Judge William Hoeveler said in his 12-page ruling, sending Manuel Noriega to France. “That being said, even the most vile offender is entitled to the same protections as those owed to a law-abiding soldier once they have been declared a P.O.W. It appears that the extradition proceedings should proceed uninterrupted.”

The NY Times reports on the case here:

Mr. Noriega was convicted in absentia in France in 1999 and sentenced to 10 years in prison for laundering more than $3 million in drug proceeds. France has agreed to hold a new trial if Mr. Noriega is extradited.
Mr. Noriega also faces legal jeopardy at home in Panama, where he was convicted in absentia of embezzlement, corruption and murdering political opponents. Although Mr. Noriega faces up to 60 years in prison for those charges, Panamanian law allows older convicts to serve prison time at home and Mr. Noriega’s Panamanian lawyers have expressed confidence they can beat the charges there and keep him out of jail.
Mr. Hoeveler, who presided over Mr. Noriega’s criminal trial in Miami, ruled that Mr. Noriega’s status as a prisoner of war does not prevent him from future prosecution.

....

Mr. Noriega may still appeal the ruling, which will keep him in U.S. custody for some weeks or months. Frank Rubino, Mr. Noriega’s Miami-based attorney, said he was disappointed by the ruling and would decide in the next week whether to challenge it in the United States Court of Appeals 11th Circuit or with the United Nations.

Jose Padilla jury speaks

Fascinating story below from Jay Weaver about the jury deliberations in Padilla.
Apparently, it was a very close case on Padilla and it came down to one phone call. Five months in trial and the case came down to one call. Amazing.
Check it out:
http://www.miamiherald.com/news/miami_dade/story/213540.html
--David Oscar Markus
www.markuslaw.com
305-379-6667

On the road again

Headed to the District of DC today. Blogging on hold for a bit.
--David Oscar Markus
www.markuslaw.com
305-379-6667

"Your honor, I am an innocent man, I have been wrongly convicted."

That was Kenneth Wilk before he was sentenced to life in prison (by Judge Cohn) for killing Officer Todd Fatta. Here's the Sun-Sentinel article about the sentencing.

Michael Vick

There are whispers that Virginia may pursue state charges against Michael Vick for dogfighting. Professor Berman asks whether this is fair. It's a good question and one that comes up in this District from time to time. It seems to me that once one sovereign or the other resolves a criminal case, that should be it. I understand that the double jeopardy clause has been interpreted to allow separate prosecutions by the state and the federal governments, but does this really make sense? This is one of those areas of the law that makes absolutely no sense to most lawyers and to the general public. Any thoughts from SDFLA readers?

And if you are looking for some Vick humor, here is David Letterman's top ten Michael Vick excuses.

If you are looking for some Miami humor, Rumpole is in good form today...

Cuban Spies go to Atlanta

While most of Atlanta was focused on Michael Vick today, the 11th Circuit heard a spirited oral argument (the third argument in this case) in the Cuban Spy case. According to this AP account, there was a line out the door to see the argument:

Dozens of people lined up outside the Atlanta courthouse more than two hours before the arguments began to watch the latest chapter of the decade-long saga unfold.

Pictured is defense lawyer Brenda Bryn and Richard Klugh. To her left is AUSA Caroline Heck Miller. The picture is from the AP's Richard Miller. Here's the background on the case:

The "Cuban Five" have been lionized as heroes in Cuba, while exile groups say they were justly punished.
Castro's government sent Gerardo Hernandez, Ramon Labanino, Rene Gonzalez, Antonio Guerrero and Fernando Gonzalez to South Florida to gather information about anti-communist exile groups and send it back to the island using encrypted software, high-frequency radio transmissions and coded electronic phone messages.
The five were convicted of being unregistered foreign agents, and three were found guilty of espionage conspiracy for failed efforts to obtain military secrets. Hernandez was also convicted of murder conspiracy in the deaths of four Miami-based pilots whose small, private planes were shot down in February 1996 by a Cuban MiG in international waters off Cuba's northern coast.
They were sentenced to terms ranging from 10 years to life in December 2001, but the case has ping-ponged through the court system the last six years due to a round of appeals.
In August 2005, a three-judge panel of the 11th U.S. Circuit Court of Appeals in Atlanta tossed the verdicts, saying the five didn't receive a fair trial because of anti-Castro bias in Miami. But the convictions were reinstated exactly a year later by the full 11th Circuit.
Monday's arguments before another three-judge panel of the court offered the five their latest shot at freedom.

Richard Klugh for the defense:

Defense attorney Richard Klugh focused his arguments on Guerrero, who was accused of sending detailed reports on the Naval Air Station at Key West. He said his client could have used public information _ not clandestine espionage _ to piece together the reports.
"An enterprising reporter could have obtained the same info that Antonio Guerrero obtained on that base," Klugh said. "He's doing a life sentence for something that could have been published in the Miami Herald."

And Brenda Bryn followed, saying that "prosecutors breached 12 different categories of misconduct that 'have never before been identified in one case.' She said the law demands the court reopen the case based on the "flagrancy" of the misconduct, noting that 28 of 34 objections lodged against prosecutors during closing arguments were sustained."

AUSA Caroline Heck Miller responded:

"Red baiting. Communism. Your Honor, that was not the record of this case," Miller said. "It was a soberly tried case."

On the road

I'm in the middle district today. Blogging to continue when I return.

--David Oscar Markus
www.markuslaw.com
305-379-6667