We covered all the back and forth earlier, so here's the conclusion -- case dismissed in a 24 page order. Of course, GamePolitics has all the details...
And yes, Thompson has already filed an emergency appeal.
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
Wednesday, November 21, 2007
Rumpole vs. Mayo
Rumpole is fired up -- he goes to town on Sun-Sentinel columnist Mike Mayo here for his coverage of the Ken Jenne sentencing. (I'm a Mike Mayo fan and generally agree with him, but I agree with Rumpole on this one. What's going on this week -- I'm agreeing with Fred Grimm and Rumpole, and disagreeing with Mike Mayo...)
Here's a snippet:
Judge D did just what we want a Judge to do in a sentencing hearing: he weighed the defendant’s entire life against his admitted crimes. Judge D saw beyond the public’s cry for blood lust and vengeance and he fashioned a sentence that punished Mr. Jenne but was proportionate to his crime. Mr. Jenne served the public for over 30 years, and for the most part he served the public well. He left a lucrative law practice for public service, and along the way he made mistakes and lapses of judgment that became crimes. Jenne damn well should have known better, and for that reason the former Sheriff of Broward County sits in jail cell as you are reading this. That along with the public humiliation, probable disbarment, possible loss of pension, and financial burdens now thrust upon Mr. Jenne’s 60 year old wife are sufficient punishment for this man.
But Mr. Mayo cannot (or more likely ,chooses not) to see that the justice system does not exist merely for the judge to be a human calculator in which he or she totals the high possible sentence and then imposes that sentence. We have had (and currently have) our share of those Judges in Miami State court, and none of those Judges are especially admired for their acumen, insight and legal decisions.
In Mayo’s world, every time a judge does not arrive at the maximum sentence, especially for a public figure, it means the justice system is broken and served by a bunch of liberal “turn em loose” Judges who with a wink and a nod let their politician pals loose. That type of column catches the eye of the public, not to mention Hollywood, but it does a disservice to the readers of the Sun Sentinel and the citizens of Broward.
There's a lot more... Go read it.
Here's a snippet:
Judge D did just what we want a Judge to do in a sentencing hearing: he weighed the defendant’s entire life against his admitted crimes. Judge D saw beyond the public’s cry for blood lust and vengeance and he fashioned a sentence that punished Mr. Jenne but was proportionate to his crime. Mr. Jenne served the public for over 30 years, and for the most part he served the public well. He left a lucrative law practice for public service, and along the way he made mistakes and lapses of judgment that became crimes. Jenne damn well should have known better, and for that reason the former Sheriff of Broward County sits in jail cell as you are reading this. That along with the public humiliation, probable disbarment, possible loss of pension, and financial burdens now thrust upon Mr. Jenne’s 60 year old wife are sufficient punishment for this man.
But Mr. Mayo cannot (or more likely ,chooses not) to see that the justice system does not exist merely for the judge to be a human calculator in which he or she totals the high possible sentence and then imposes that sentence. We have had (and currently have) our share of those Judges in Miami State court, and none of those Judges are especially admired for their acumen, insight and legal decisions.
In Mayo’s world, every time a judge does not arrive at the maximum sentence, especially for a public figure, it means the justice system is broken and served by a bunch of liberal “turn em loose” Judges who with a wink and a nod let their politician pals loose. That type of column catches the eye of the public, not to mention Hollywood, but it does a disservice to the readers of the Sun Sentinel and the citizens of Broward.
There's a lot more... Go read it.
Tuesday, November 20, 2007
National Law Journal on South Florida blogs
Julie Kay has this piece on local legal blogs, which includes a shout-out to the SDFLA blog.
The story focuses on the JAABlog and also discusses Rumpole (who just celebrated his 2 year blog b-day) and the new South Florida Lawyers blog. When this blog started almost 2 1/2 years ago, there weren't any other local blogs to read. Now, these three blogs are all on my daily reading list. They are all really good. I especially enjoy the Justice Building Blog by Rumpole; I think he should start an anonymous blog about the federal courts...
The story focuses on the JAABlog and also discusses Rumpole (who just celebrated his 2 year blog b-day) and the new South Florida Lawyers blog. When this blog started almost 2 1/2 years ago, there weren't any other local blogs to read. Now, these three blogs are all on my daily reading list. They are all really good. I especially enjoy the Justice Building Blog by Rumpole; I think he should start an anonymous blog about the federal courts...
Fred Grimm on the Sentencing Guidelines
I very rarely agree with Fred Grimm, but today he criticizes the Sentencing Guidelines, and I couldn't agree more.
Grimm says:
A drama of Shakespearean magnitude was supposed to unfold in a federal courtroom, but it was reduced to numbers.
Reporters, come to learn the fate of the fallen Broward sheriff, sat mystified as the judge and lawyers abandoned English and broke into a secret numerical language. They added. They subtracted. They plugged varying values into a mathematical formula to arrive at hypothetical levels.
Of course, if one starts at Level 12 and concedes a two-level enhancer and compares that to a Level 16 with a downward departure worth three levels, the outcome still fits the 12-to-24-month range. Or is it 18-to-24?
It was as if instead of attending a sentencing hearing at the federal courthouse in Fort Lauderdale, I had stumbled into a math class. The professor, U.S. District Judge William Dimitrouleas, and prosecutor Matt Axelrod crunched the numbers for 30 minutes.
For those of you who thought that the guidelines were a thing of the past, you couldn't be more wrong. Judges still must consider the guidelines and therefore must engage in this ritual of adding and subtracting points. More from Grimm:
And Ken Jenne, once the most powerful politician in Broward County, sat impassively as lawyers debated what numerical values to assign aspects of his life. Criminal transgressions minus good works. Either add or subtract values for acceptance of responsibility, the money he filched, his remorse, his reluctance to admit guilt. Figure years of public service but take an upward departure for betraying the public trust.
It amounted to a downward departure from reality. As if a judge only needed a black robe and hand calculator.
Grimm says:
A drama of Shakespearean magnitude was supposed to unfold in a federal courtroom, but it was reduced to numbers.
Reporters, come to learn the fate of the fallen Broward sheriff, sat mystified as the judge and lawyers abandoned English and broke into a secret numerical language. They added. They subtracted. They plugged varying values into a mathematical formula to arrive at hypothetical levels.
Of course, if one starts at Level 12 and concedes a two-level enhancer and compares that to a Level 16 with a downward departure worth three levels, the outcome still fits the 12-to-24-month range. Or is it 18-to-24?
It was as if instead of attending a sentencing hearing at the federal courthouse in Fort Lauderdale, I had stumbled into a math class. The professor, U.S. District Judge William Dimitrouleas, and prosecutor Matt Axelrod crunched the numbers for 30 minutes.
For those of you who thought that the guidelines were a thing of the past, you couldn't be more wrong. Judges still must consider the guidelines and therefore must engage in this ritual of adding and subtracting points. More from Grimm:
And Ken Jenne, once the most powerful politician in Broward County, sat impassively as lawyers debated what numerical values to assign aspects of his life. Criminal transgressions minus good works. Either add or subtract values for acceptance of responsibility, the money he filched, his remorse, his reluctance to admit guilt. Figure years of public service but take an upward departure for betraying the public trust.
It amounted to a downward departure from reality. As if a judge only needed a black robe and hand calculator.
Monday, November 19, 2007
How to treat defendants as people
From last week's DBR (via South Florida Lawyers):
Sara San Martin, 39, also known as Sara Echeverria, pleaded guilty to two felony counts of bank fraud for allegedly writing checks from the personal accounts of the late Miami maritime attorney William Huggett.
***
In court Tuesday, San Martin tearfully answered questions posed to her by U.S. District Judge Judge Adalberto Jordan, who at one point sent a box of tissues over to her.
Sara San Martin, 39, also known as Sara Echeverria, pleaded guilty to two felony counts of bank fraud for allegedly writing checks from the personal accounts of the late Miami maritime attorney William Huggett.
***
In court Tuesday, San Martin tearfully answered questions posed to her by U.S. District Judge Judge Adalberto Jordan, who at one point sent a box of tissues over to her.
Friday, November 16, 2007
''I think he could have been governor one day.''
That was Judge Dimitrouleas at Ken Jenne's sentencing today. Judge D ordered Jenne to surrender on the spot for his year and a day sentence (the extra day is added so that Jenne will get good time credit -- the sentence has to be more than a year). Jenne will end up serving about 10 months.
Although the parties had agreed that the advisory guidelines were 18-24 months, the probation office recommended a guideline range of 12-18 months. The government lawyers were requesting a high-end sentence of 24 months. Even though the defense was asking for probation, this was a pretty big win for Jenne. U.S. Attorney Alex Acosta came out and criticized the sentence as too light.*
Here's the initial coverage by the Herald and the Sun-Sentinel.
SDFLA blog question of the day: 10 months in jail -- appropriate sentence? too high? too low?
*I thought the U.S. Attorney's office maintains that guideline sentences are always reasonable, so I'm not sure why this guideline sentence -- after a plea and acceptance of responsibility -- isn't reasonable.
Although the parties had agreed that the advisory guidelines were 18-24 months, the probation office recommended a guideline range of 12-18 months. The government lawyers were requesting a high-end sentence of 24 months. Even though the defense was asking for probation, this was a pretty big win for Jenne. U.S. Attorney Alex Acosta came out and criticized the sentence as too light.*
Here's the initial coverage by the Herald and the Sun-Sentinel.
SDFLA blog question of the day: 10 months in jail -- appropriate sentence? too high? too low?
*I thought the U.S. Attorney's office maintains that guideline sentences are always reasonable, so I'm not sure why this guideline sentence -- after a plea and acceptance of responsibility -- isn't reasonable.
Jenne
I'm out of the office, but I'm told Ken Jenne was sentenced to a year and a day, half of what the government requested. More to follow when I'm at a computer.
--David Oscar Markus
www.markuslaw.com
305-379-6667
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