Ben Kuehne

This email invitation is making the rounds. Should be quite an event:

PLEASE JOIN CO-CHAIRS The Honorable Gerald Kogan & Robert Josefsberg

AND HOST COMMITTEE MEMBERS

The Florida Association of Criminal Defense LawyersThe Miami Chapter of the Florida Association of Criminal Defense LawyersRay Abadin, Robert Ader, Frank Angones, Jeffrey S. Bass, David Bogenschutz, Ron Book,Bennett Brummer, Richard Burton, Bob Butterworth, Jennifer Coberly, Kendall Coffey,Hank Coxe, Alan Dimond, Steven Eisenberg, Peggy Fisher, Rick Freedman, Tomas Gamba,Mayor Joseph Geller, Ervin Gonzalez, Jonathan Goodman, Fred Haddad, Larry Handfield, ArturoHernandez, Richard Hersch, Robert Hertzberg, Milton Hirsch, Elizabeth Hitt, Dennis Kainen,Hank Klein, Joe Klock, Thomas Korge, Albert Krieger, John Lazarus, Hector Lombana, BruceLyons, Wallace Magathan, David Markus, Amanda Maxwell, Jon May, Richard Milstein, MichaelMoskowitz, Jorge Mursuli, Pam Perry, Mark Raymond, Bill Richey, David Rothman, FrankRubino, Leonard Sands, Mark Schnapp, Joseph Serota, Richard Sharpstein, Angela Sherrill,John K. Shubin, Lisa Sloat, H.T. Smith, Russell Smith, Ed Strongin,Brian Tannebaum, Rod Vereen, Stanley Wakshlag, Mayor Otis Wallace, Jeffrey Watson

FOR A RECEPTION & FUNDRAISER TO BENEFIT
THE BENEDICT P. KUEHNE, LEGAL DEFENSE FUND
CHRISTABELLE’S QUARTER

3157 Commodore PlazaMiami, Florida 33133THURSDAY, NOVEMBER 20, 20086:00 P.M. – 8:00 P.M.Suggested Contribution of $200.00 Payable to“Benedict P. Kuehne, Legal Defense Fund”If unable to attend, kindly send contribution toShubin & Bass46 S.W. 1st Street, 3rd FloorMiami, Florida 33130R.S.V.P. to Nydia Marrero at305.381.6060 or nmarrero@shubinbass.com Complimentary Valet Parking

Back to blogging

So, for the past month I have been in West Palm Beach, trying a criminal antitrust case before Judge Hurley. The blogging has been sporadic, and I apologize. But I am back and feeling good after hearing those two magic words -- not guilty. What a relief! (Congrats to my co-counsel, David Gerger and Jennifer Johnston, and to the lawyers for the co-defendant, Paul Calli and Mike Pasano).

This was my first trial before Judge Hurley in West Palm Beach. What a pleasure. He really enjoys being a judge and delving into legal issues. The jurors loved him and he made the case easy to try for both parties.

The prosecutors were from DOJ in Washington, DC. They were very fine attorneys, who were professional and courteous before, during and after the case.

The jurors were great too -- they spoke to us in the parking lot and congratulated us and hugged the client. I wish I could have this client for all of my cases....

All in all, it was a wonderful experience. Back to blogging.

Don't make me angry. You wouldn't like me when I'm angry.

Ah, those spell checkers... Today the Herald's op-ed pages support Judge "Hulk's" decision in the Joe Cool case. Judge Hulk is discussed throughout the op-ed, which I agree with wholeheartedly... Here's the intro:

Better late than never. This is the best that can be said about U.S. District Judge Paul Hulk's decision last week to throw out four guilty verdicts against a Hialeah security guard whose gun was used in the murders of a Miami Beach charter-boat captain and crew. It's a pity that Judge Hulk didn't realize the mistake earlier -- during trial -- when it could have spared the victims' grief-stricken family members another round of trauma.
Relatives of charter-boat captain Jake Branam, his wife and two crew members were initially relieved with the guilty verdicts against Guillermo Zarabozo, 20. The jury had convicted Zarabozo of providing one of the guns used to kill the captain and crew of the charter boat Joe Cool. However, the jury was deadlocked on 12 other charges against Zarabozo alleging conspiracy, kidnapping and murder. Zarabozo faces a retrial on those charges on Jan. 20, and the dismissed weapons charges should be added to that case.
Jury sought clarification
The jury obviously was confused in its deliberations. It sent a note to Judge Hulk asking for clarification of whether Zarabozo would ''automatically'' be considered a participant in the kidnappings and murders if he brought the gun aboard the boat not knowing that crimes would be committed. The judge didn't clarify the point, and sent them back to deliberate.
That was a mistake, Judge Hulk said last week. He acknowledged that he should have told the jurors they could find Zarabozo guilty of the gun charges only if they also found him liable for the kidnappings or deaths. It is rare for a judge to publicly admit to a trial error, especially after a verdict has been rendered. For this, Judge Hulk deserves credit. It took courage and conviction for him to do so.

Everyone is flattered

Here is the Daily Business Review article discussing potential replacements for Alex Acosta now that Obama has been elected. All the candidates say that they are flattered to be considered. It's a very good slate of candidates, including Jackie Becerra and Curt Miner -- two smart young and dynamic lawyers that I have tried cases against.

But on a personal note, I am very sad that Acosta may be replaced. He has been a wonderful US Attorney. If he was to get a grade, it would clearly be an A. He is very smart, and has always been dedicated to doing the right thing. I can't say enough about how great he has been.

I know I am not alone in saying this.
He has won the support of his own office, the defense bar, and the judges. I have spoken to many prosecutors and defense lawyers who say that the only thing bad about an Obama presidency is having to replace Acosta. Well, perhaps Obama will surprise us and reach across the aisle, as he is known to do, and keep Acosta. If not, he's got a fine list to choose from.

Sorry for the formatting, but I have a new blackberry and I am still figuring it out.

http://www.dailybusinessreview.com/news.html?news_id=51603

The list includes newly minted Florida state Sen. Dan Gelber, a partner at Akerman Senterfitt in Miami; Greenberg Traurig litigators Mark Schnapp and Jackie Becerra in Miami; Bruce Udolf, a white-collar specialist at Berger Singerman in Fort Lauderdale; Curtis Miner, a partner at Colson Hicks & Eidson in Coral Gables and Miami-Dade Circuit Judge Daryl Trawick.
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At least two people from the list are already canvassing for support, a source said.
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A possible internal candidate would be Jeff Sloman, Acosta's top assistant. Sloman is likely to take over as interim U.S. attorney if Acosta decides to step down before a replacement is named. Guy Lewis stepped from the first assistant slot to acting U.S. attorney in 2000 when Tom Scott resigned after George W. Bush's victory and stayed until August 2002 when Marcos Jimenez was appointed.

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Miami Herald : South Florida ''Legal Legends'' honored at awards banquet

A wonderful list of honorees from the 11th Circuit Historical Society.

The one glaring omission is my former boss, Judge Edward B. Davis.

Here's the Herald article and the list of honorees:

http://m.miamiherald.com/mh/db_8477/contentdetail.htm?contentguid=rnerGm0N&full=true#display

Rosemary Barkett -- The first woman to serve on Florida's Supreme Court.

  Bennett Brummer -- Retiring Miami-Dade County Public Defender.

 Manuel Crespo (posthumously) -- First Cuban-American elected to serve on the Florida Bar Board of Governors.

 Arthur England, Jr. -- Former Chief Justice of the Florida Supreme Court.

  Peter Fay -- A federal appellate judge.

 Robert Floyd (posthumously) -- Miami's youngest mayor (elected at age 29).

 Seymour Gelber -- Former mayor of Miami Beach, 11th Circuit Court Judge  and author.

 Mario Goderich -- A founding member and the first president of the Cuban American Bar Association.

 Minnette Massey -- When named Acting Dean of the UM Law School she was one of two women in the country to serve in this position.

  H.T. Smith -- Attorney and one of the leaders of the City of Miami boycott.

 Osvaldo N. Soto -- Cuban civil rights attorney and former president of the Cuban-American Bar Association.

 Gerald Wetherington -- Served as chief Judge of the 11th Circuit Court for 10 years.

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Judge Huck tosses gun verdict in Joe Cool slayings

Breaking news!

That's clearly the right result, especially if the prosecution was going to retry the other counts.

Now, will there be an appeal before the retrial is scheduled?

Obama

Election Day

It's that time of year again.

Many federal judges aren't conducting trials today so that jurors can vote.

I always ask the question about judicial elections vs. appointments. Who has the better system? In the judicial races today, what do you know about the candidates? What does the general public know? Are we making an informed decision?

You all know my view -- the federal appointment system, which has its own flaws, is the better way to select judges.

Thoughts?