Go, Dore, Go!

In our continuing Go, Dore, Go! segment, here is Dore Louis from yesterday's hearing in front of Judge Cooke:

An attorney for Jayyoussi, a fundraiser for Muslim causes, launched a more direct assault on the government. ''The CIA and Justice Department destroyed evidence taken from people alleged to be unindicted co-conspirators in this case,'' argued Marshall Dore Louis. ``That's a problem.''

More from the Herald article here.

Jose Padilla sentencing to start today

Any bets as to what Judge Cooke will impose?

The early over-under line is 20 years.

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

Standby Liberty City 7

Judge Lenard had to continue jury selection because of an emergency situation for one of the defense lawyers. Status conference on Wednesday.

Liberty City 7 retrial

It's now the Liberty City 6, and the retrial starts today, three weeks after the jury hung in the last trial.

Here's coverage by the Herald and AP. What do you think is going to happen? Another mistrial? That's what some of the jurors from trial #1 think (from Jay Weaver's article):

''From now on, they are going to have a hung jury just as we did,'' said Jose Viola, 58, an audio-visual technician for Miami-Dade public schools, who sat on the first panel and thought all of the defendants were innocent.
''There are going to be people who won't have the stomach to send these men to prison because they were set up,'' Viola said. ``And there are going to be people who will want to send them to prison because of al Qaeda.''
Delorise Thompkins, 64, who works at South Miami Hospital, agreed with her colleague on the first jury.
''I think it may hang again,'' she said. ``You're going to find someone always afraid of terrorist groups, but then when you see the evidence, there's not a lot there -- no plans, no papers, no pictures, no nothing, connecting them to Osama bin Laden.''

If that happens, will they go for trial #3?

And while Liberty City starts up, the Padilla sentencing starts Tuesday. Here's Vanessa Blum's coverage.

District news

1. Steven Larimore is our new clerk of court.

2. The Tower Building has been named the Clyde Atkins courthouse. For more on Judge Atkins, read here.

Should an acquitted defendant, his wife and his lawyer be gagged

That's the issue raised in this morning's article by Vanessa Blum:

A federal judge who declared a mistrial last month for six South Florida men charged with conspiring to support al-Qaida is taking aggressive steps to limit publicity related to the case, including silencing lawyers for a man the jury found not guilty.With a sweeping gag order imposed Dec. 13, U.S. District Judge Joan Lenard cited the need to damp down media coverage that could complicate efforts starting Jan. 7 to find impartial jurors to rehear the case.

Her order at the close of the first trial prohibits the defendants, their lawyers, prosecutors, and others, such as agents, investigators and witnesses, from talking to reporters, raising issues for defenders of free speech and drawing a challenge from one of the lawyers covered by the order.

Lenard extended the same restrictions to Lyglenson Lemorin, who was acquitted, and his criminal defense lawyer, as well as an attorney representing the Haitian national in immigration proceedings.The gag order is so broad that federal prosecutors preparing to retry the case contend it applies to Lemorin's wife, who was once listed as a potential defense witness.

I give my opinion in the article, which is that an acquitted defendant and his family should be permitted to speak.

Julie Kay on the new federal courthouse

This story isn't ending...

Check this out.

Here's an update on the lawsuit re Ted Klein, which is now being handled by Alan Goldfarb, not Ervin Gonzalez:

The judges' move to the new building could free up space for occupants of the Dyer Building. Several magistrate clerks, courtroom deputies and interpreters who work in the building have complained of such respiratory problems as double pneumonia, nosebleeds and severe allergies. Water intrusion is apparent in some areas, with peeling wallpaper, stained carpets and musty smells.

Two studies performed at the building since Klein's death concluded there are significant mold and air safety issues in the building, particularly in the basement.

Goldfarb said he is frustrated because the government has promised to provide FOIA information by certain dates and has not met these deadlines. Goldfarb is trying to find out when the government knew there were problems in the building and what action, if any, they took.

The GSA, which received the FOIA requests on Oct. 29, was not available for comment at press time.

Chief Judge Federico Moreno said there is "no problem in the Dyer Building. It's all been remedied. There's only a problem in one part of the basement.".

Happy new year!

Back to work everyone...

It's 2008.

And it's cold today.

We don't have a blogging message as cool as this:

So, we'll just leave it at Happy New Year. Here's to a great 2008.