District news

1. The Robles plea was accepted. Lots of news stories everywhere about it. There is a 15 year cap, instead of the 10 year cap previously agreed to by the parties. It will be interesting to see whether the government argues that a 10 year sentence is reasonable, notwithstanding the guidelines which I suspect will be a lot higher.

2. The Liberty City 7 case is underway. Again, lots of news stories about the jury selection and the start of the trial. Props to Judge Lenard for conducting a thorough voir dire. It looks like it will take a couple weeks to pick the jury in this case. That is appropriate considering the type of case it is and the press that has come with the case.

3. Last night Milton Hirsch had a constitution day party at his office. Here's the Joan Fleischman column about it. The office was packed with lawyers and judges. Federal judge sighting -- Judge Ungaro read the 15th Amendment, which states:

The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude.

I read the Fourth Amendment. Does anyone remember that one?

UPDATED -- Here's a picture of Judge Ungaro, Judge Alex, his daughter, and psychologist Merry Haber:

One down, one to go...

Even though it looks like the District is about to lose the high-profile Louis Robles trial, we still have one other huge one starting this week -- "the Miami 7" trial. Here's Vanessa Blum's article outlining the start of the case. And here's Jay Weaver's, and the AP.

This is the trial involving seven guys from Liberty City who spoke to undercover officers about blowing up the Sears Tower in Chicago and other buildings in Miami. The government has described that group as "more aspirational than operational." Will their words and actions in this case be enough for conviction? How will the Jose Padilla trial sit in jurors' minds? Stay tuned -- same bat time, same bat channel.

Robles to take more time

Further to our post below, Robles will be taking 15 years and 3 counts. Wow. That is an awful lot of time for a first time non-violent offender.

If the government believes 10 years is just, how can it agree to this deal?

Sorry for the short and sloppy post. On the road today.

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

Louis Robles to plead?

That's what Julie Kay is reporting. Apparently, a hearing is set for 9am tomorrow. I wonder if he is pleading to the original deal or taking more time. More to follow.

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

Another high profile trial to start this week

This time it's USA v. Louis Robles. Here's Julie Kay's preview of the trial.

I'm sure both sides (defense -- Hector Flores; government -- Mike Davis and Luis Perez) were working hard this weekend, even though they had settled the case months ago. The problem is that the judge wouldn't accept the 10 year deal agreed on by the parties because he believed that the deal was too sweet for Robles, who turns 60 next year.

We've discussed this issue a number of times and we asked whether the government would simply dismiss the indictment and permit Robles to plead guilty to a 10 year count (or two five year counts). Well, it appears that the answer is no. So if Robles loses this trial, he will certainly appeal on this issue, and it looks like a good one.

So SDFLA readers, is this trial worth it? The government doesn't want it. The victims don't want it. The defense doesn't want it. The receiver doesn't want it. The trial will last about a month, costing the system six figures.

By the way, can you imagine if Robles walks?

Clerk of Court to move in mid-November

Clarence Maddox, clerk of the court for the Southern District of Florida, has resigned. He sent the following email today to the entire court:


Dear Friends:

Several weeks ago Chief Judge Moreno informed the District Judges of my interest in and pursuit of the Circuit Executive position in the Sixth Circuit. Earlier this week, following an interview with the Sixth Circuit Judicial Council, I was selected to succeed Jim Higgins as Circuit Executive upon his retirement later this year.

I discussed my interest in pursuing this position with Judges Moreno and Zloch last May, in the earliest stages in the application process, and I have kept Chief Judge Moreno apprised of my status in the selection process on a regular basis. This morning I informed Chief Judge Moreno of my selection and he wished me well, we had a brief discussion about planning for the transition process, and I assured him that I would work with the Court to provide for as seamless a transition as possible. In that regard, I may work closely with the committee chaired by Judge Lenard as a process for identifying a successor to the Clerk's position is outlined and implemented. I have not yet confirmed my start date with the Sixth Circuit, but I anticipate that I will commence my new duties in mid-November. Between now and then, I will likely have some limited travel to locations in the Sixth Circuit to participate in meetings with future implications for the Circuit.

My experiences these past eight years with the Southern District of Florida have enriched me personally and professionally, and I believe that we have accomplished a great deal together. I am grateful to you all for your support, understanding, and friendship, and it has been my privilege to have served and been a part of this great organization.

My most sincere thanks to you all for your support as well as my best wishes for your continuing success! cm

Clarence Maddox
Court Administrator - Clerk of Court
United States District Court for the
Southern District of Florida
301 N. Miami Avenue, Room 321
Miami, Florida 33128
(305) 523-5001

Thanks to a close friend of the blog for the tip. So, who should be the next clerk?

Sick (court)house

Julie Kay reports today on the serious mold problem at the David Dyer Building. The whole article is worth reading.

The intro:

Two studies performed at the historic David W. Dyer federal courthouse in downtown Miami show there are significant mold and air safety issues at one of Miami-Dade County’s oldest courthouses and suggest parts of the building are beyond repair.

The studies, which were obtained by the Daily Business Review, were commissioned by the U.S. District Court of the Southern District of Florida after U.S. Magistrate Judge Ted Klein became ill and died last year of a mysterious respiratory illness, and his fellow magistrate judges raised concerns about the building’s environment.

Employees believe that Judge Klein became sick and died because of the problem:

A healthy man who skied and jogged, Klein contracted a respiratory infection and died in September 2006. At the time, his family worried that something in the courthouse caused his illness. Shortly after Klein became ill, the court commissioned the first fungal contamination assessment, which was never made public. According to the report dated July 2006, “Magistrate Judge Theodore Klein has recently developed adverse health effects that could be attributed to exposure to molds. The assessment was performed to determine if fungal contamination was present in areas that he frequently occupies including his courtroom and his office areas.” The study showed fungal spores were present “in significant numbers” in samples. However, the study concluded these spores were not likely to cause health problems unless someone was in an immuno-compromised state. Still, the study recommended fungus on the plaster walls and courtroom wallpaper be removed. After Klein’s death, his courtroom was closed off and remains unused. His chambers are occupied by Magistrate Judge Edwin Torres, who recently transferred from Fort Lauderdale. “Why would they close off his courtroom if it’s not dangerous?” asked one employee who did not want to be identified. It is still not known what caused Klein’s illness because, in keeping with Jewish law, his body was not autopsied.

Chief Judge Moreno has taken steps to make sure employees are safe:

In an Aug. 27 memo, Chief Judge Federico A. Moreno said a new study is being commissioned by a company that performed mold remediation at the West Palm Beach federal courthouse. That courthouse, damaged by Hurricanes Jeanne and Frances, was closed for a year and a half while mold was removed.

“Our intention is to have the consultant review prior testing results, conduct additional on-site testing and then render conclusions about whether occupancy in limited areas of the building is likely to cause adverse health effects in occupants to a more serious degree than exposure to fungal levels,” Moreno said. “Please understand that I, who began his federal judicial service in the East Courtroom of the Old Courthouse, share your concern about your work environment in the Dyer Building.” Through a clerk, Moreno declined comment and said he preferred to let his memo speak for itself. In the memo, he encouraged any employees who have been in the “sealed document vault” — a basement area heavy with mold — to consult their doctors. Additionally, he mandated that no new sealed documents be taken to the basement, which is being “air-scrubbed,” and that anyone handling records coated with what appears to be mold use masks and gloves.

Read the whole memo from the Chief here.

The employees are understandably scared:

Klein is not the only federal employee in the building to fall sick. According to several courthouse sources, the law clerk for Magistrate Judge Barry L. Garber is very ill and has received permission to work at home. Garber declined to discuss the issue until the new study is completed. Another courtroom deputy who recently retired said she is very ill and recently had double pneumonia. “I’m scared to even go to my doctor to see what the heck is wrong,” she said. “They are keeping everything hush-hush,” said a judicial assistant who did not want to be identified. ”Everyone is scared. You don’t know how much your immune system can handle.” Another judicial assistant said she had no idea her chair was mold-infested until she saw a photo of it in the report, which labeled it “mold-infested.” She quickly found another chair in the office to use. Magistrate Judge Peter R. Palermo, who has worked in the Dyer Building for 37 years, is not sick but is concerned about his employees. “Who knows if there are health problems because of the mold,” he said. “We just want to know if it’s safe.” Palermo attended the Aug. 9 meeting held by representatives from Clerk of the Courts Clarence Maddox’s office to discuss the report. Neither Maddox nor Moreno or any other federal judge was present. However, Moreno has met with every employee to discuss the situation and is getting high marks for his concern. “He’s here in Miami and seems to care about us, whereas the previous chief judge was in Fort Lauderdale,” said one clerk.

Yikes.

Chief Judge Moreno is a people person and is a very practical judge -- he will do everything he can to fix this problem and make sure no one is subject to unhealthy conditions. I'm sure of that.

But I'm also sure that courthouse staff is wondering what the deal is with the brand new courthouse just sitting there. Why do they have to work in what they believe is an unsafe courthouse when a sparkling new one is built across the street. We need to sue those jokers who can't get the building ready to open. It's a bad joke already. The over/under is still January 1, 2008, but the smart money is on the over.

Remember...

It's hard to believe that six years have passed. I still vividly remember where I was when the first plane hit -- I was in trial in front of Judge Ungaro, along with Rick Bascuas. The courthouse was evacuated and I watched the first tower crumble in a pawn shop on North Miami Avenue. We all stood there in shock and disbelief. It is still really hard to believe...

Where were you on September 11, 2001?