Liberty City 7 -- prosecution rests

That happened yesterday.

Why aren't there more self surrenders?

Brian Tannebaum has this interesting post on self surrendering defendants to face charges. He argues that defense lawyers should be able to voluntarily surrender a defendant when that person and the lawyer know about the charges in advance:

The purpose of an arrest is to take the defendant into custody and present them before a judge or have them bonded out immediately. It's not a damn prize or game.And I'm tired of prosecutors telling me "I'm not going to interfere with their desire to arrest your client." What are you all so afraid of? Tell the officers/agents, I know this defense attorney, he keeps his word, let his client surrender. If they say no, so be it.

This issue actually comes up quite frequently in this District. Wouldn't it save everyone a great deal of time and resources if there was more cooperation on self surrendering a defendant? What say you SDFLA readers?

Joel DeFabio -- back to back Not Guilty verdicts

Hot off his win in the Liberty City 7 case, Joel DeFabio won last night in the Haitian slave case. In both, his client was the only full acquittal.

Here's the Herald article and the Sun-Sentinel article.

ADDED: From the comments, Rumpole jokes:

One more NG within the calendar year and the DOJ will have no choice but to convene a grand jury on obstruction of justice charges. Plus there must be some guidelines enhancement for winning a case and pissing the US attorneys off.

Blog topics

I guess I should be blogging about the new crack guidelines become retroactive today, but instead I'll point you to this funny post at AboveTheLaw about our blackout last week.

Slowwwww blogging

I apologize for the slow blogging recently.

But what's going on in the District? Any news you want to share? Email it to me so I can post about it (anonymously if you'd like).

In any event, I hear that the "Haitian slave" case is coming to a close in the next day or two.

The Liberty City Seven/Six case is plugging along.

The new building is still closed.

And it's March already!

News and Notes

1. Sailfish sentences net jail (via AP).

2. Gov't appeal of Padilla sentence covered by Herald.

3. Haitian "slave" testifies (via Sun-Sentinel).

4. YouTube taunter pleads guilty (via Sun-Sentinel).

Let's get ready to rumble!

The government filed its notice of cross-appeal in the Jose Padilla case.

Stay out of "disgusting" basement

The mold issue in the David Dyer building continues to find its way onto this blog. Now this:

Chief Judge Moreno has closed the basement and other parts of the Dyer building. According to this AP report:

A federal judge has closed portions of Miami's historic downtown courthouse after a report identified widespread mold infestation and ongoing water leaks, with one part of the basement termed "disgusting" by inspectors.
U.S. District Judge Federico Moreno, the chief judge in Florida's Southern District, said in a memo that parts of the basement that house court records and a stairwell used by judges were being closed until further notice.
"The new steps we are taking may in fact be premature without further microbial testing, but nonetheless we intend to err on the side of caution," Moreno said in the memo dated Friday and obtained Tuesday by The Associated Press.
Moreno took action after receiving last week a new U.S. Public Health Service study, which found mold throughout the 166,000-square-foot building that opened in 1933. Known officially as the David W. Dyer building, the courthouse is one of several in Miami's downtown federal judicial complex.

What about the new building? (our prior coverage on the "new" building here)

Across the street, a new 14-story courthouse sits unused, more than $60 million over budget and three years behind schedule. Electrical problems, hurricane damage and contractor disputes are blamed for the delay, which shows no sign of ending.

The report also found:
• A basement sump pump room ''is disgusting,'' has no ventilation and ``is infested with pests.''

Pests?!

What else?

• A leaking toilet above basement space used as a gym by the U.S. Marshals Service has caused suspected mold growth on walls and elsewhere.
• Tests revealed a ''significant fungal presence'' in the basement records room, where previously recommended remedial work was never done. Court personnel have had to wear protective gear while in the room, including coveralls, gloves and a respirator. Water damage is present in an area where classified documents are kept.
• A stairwell leading to the magistrate judges' courtrooms has visible mold on the walls.
The Public Health Service report made 12 recommendations for fixing the mold problem, including repairing numerous water leaks, cleaning air ducts and furniture, replacing damaged ceiling tiles and carpets and throwing out unnecessary contaminated files.