Thursday, April 29, 2010

Judge Kozinski says we need cameras in the courtroom

And I wholeheartedly agree. From the Above the Law post on his comments:

Kozinski started his talk by going over some of the arguments he has made before [PDF] in support of cameras (e.g., studies show cameras don’t affect the proceedings, quoting his “old boss” Warren Burger — “People in an open society do not demand infallibility from their institutions, but it is difficult for them to accept what they are prohibited from observing.”).
It wouldn’t be like the O.J. trial, which decidedly set the cameras-in-the-courtroom movement back. Kozinski advocates stationary cameras that would not zoom in, zoom out, or otherwise overly dramatize the courtroom events. Kozinski acknowledged that if you were to choose between a O.J. media circus or reports from informed journalists like Nina Totenberg or Linda Greenhouse, one might be happy to live without cameras.
But that’s not usually the choice one has. Kozinski pointed to the “long, slow decline of the newspaper industry” and the “rise of a much more diffuse style of coverage” as a major reason why cameras should be brought into courtrooms. Increasingly, the public is relying on “pseudo-journalists” (aka bloggers) for their instantaneous legal news.
“On the Internet, the loudest voice gets the most attention,” said Kozinski, who said that tends to lead to a distortion of the coverage of a case. He also raised the risks of relying on unknown bloggers, pointing to the case of “
Dr. Flea.”

Someone explain to me why our federal courtrooms should be closed to the public.

Wednesday, April 28, 2010

More associates charged...

...but this time it isn't Rothstein's people; it's Lew Freeman's. Here's the information charging Jose Wong and Steven Jockers. Like Rothstein's COO, they are charged in an information, which is a clear sign that they've already cut a deal. According to the USAO press release:

Jose Wong began working as an employee at LBFP in1992. Wong held various accounting positions in LBFP, and was ultimately promoted to comptroller at LBFP. In this position, Wong performed all the bookkeeping related to LBFP’s operating accounts and managed Lewis B. Freeman’s personal finances. Wong also prepared financial reports, such as bank reconciliations and cash-flow reports, on a number of matters to which Freeman had been appointed as the fiduciary. Additionally, Wong deposited a large number of unauthorized checks payable to LBFP from the fiduciary accounts into the LBFP operating accounts.
Steven Jockers worked as an employee at LBFP since1998. Jockers frequently assisted Freeman and other principals of LBFP in the day-to-day functions required to maintain receiverships, liquidating trusteeships, and assignments for the benefit of creditors. Jockers also did bookkeeping and prepared financial reports, such as bank reconciliations and cash-flow reports, on a number of matters to which Freeman had been appointed as the fiduciary.
It is estimated that Freeman issued more than 100 unauthorized checks and consequently misappropriated more than $6 million from fiduciary accounts he was responsible for safeguarding.


The case is assigned to Judge Lenard.

Happy 50th...

... to SG Elena Kagan (soon to be Justice Kagan?). If you haven't been over to ScotusBlog recently, you should check it out. They have been doing incredible in-depth reports on the short-listers for Justice Stevens' seat. Here's one example -- an interesting post about how Stevens won a coin-flip to get his clerkship:

Art Seder and John Stevens, meanwhile, were both interested in the alleged Rutledge clerkship possibility. Dean Green and his colleagues gave the young men the impression that Northwestern could not or would not recommend one of them over the other. Seder and Stevens thus were told to decide between themselves, by flipping a coin, which of them would be the school’s nominee to Justice Rutledge. They did so, just the two of them, in private, at the law school and without particular drama. Stevens won the flip. And his friend Seder abided by that result—he did not ask, for instance, to change the contest to the best two out of three flips.

Tuesday, April 27, 2010

Scott Rothstein's right-hand charged

Chief operating officer Debra Villegas was charged Tuesday with conspiring to launder money from his massive investment racket (via Miami Herald). Here's the indictment which got assigned to Judge Zloch.

UPDATE -- an astute reader points out that it's an information, not an indictment, and that it says it will take the parties zero days to try the case. Looks like Ms. Villegas has worked out a deal to plead and cooperate...

Monday, April 26, 2010

Now that Manuel Noriega ...

... is gone (on a plane to France), who is going to get that special wing in the prison, which has a TV, window, exercise equipment and a phone?

“These two judges are fed up with the government’s efforts to clean up the Everglades.”

Nothing like a good Guy Lewis quote on Monday Morning. He's talking about Judges Moreno and Gold. He continues: “You’ve got two of the finest judges in the district, and both are as patient as Job, and they have come to the conclusion that enough is enough.”

The DBR article covering the Everglades cleanup is here. Some more:

Lewis said Gold and Moreno have drawn a line in the sand after giving government agencies the benefit of the doubt for years. “They want to believe their orders are going to be complied with and the government in good faith is going to clean up our backyard, and it’s not happening,” Lewis said. “It’s a shame it’s gotten to the point the tribe and others have to go in and say, ‘Please, judge, force government to live up to its lawful obligation.’ It’s extraordinary.” Everglades restoration has been slow going, but a $7.8 billion restoration plan signed by President George W. Bush and Florida Gov. Jeb Bush in 2003 shows limited success. “Rule No. 1 in politics is the big dogs eat first,” Guest said. “There is a lot of talk and not much walk. … Everglades restoration entered into a Dark Ages under the Bush administration. The projects didn’t get funded even though they were spending money on all sort of things. They built up this giant budget deficit, and it didn’t go to Everglades restoration, and it could have.”

***

Lehtinen said Everglades water quality has been somewhat improved thanks to a judiciary that wants to see the cleanup project through. “If you beat them about the head and shoulders enough with court orders, you do see some progress,” he said. “These judges are critical.”

Friday, April 23, 2010

"Anything is possible when a criminal defendant makes himself the government’s darling in an effort to obtain a reduced prison sentence."

That was Paul Calli in this morning's DBR discussing Scott Rothstein and his upcoming (but delayed) sentencing. More from Paul:

Calli warned prosecuting a case built on the word of master criminals like Rothstein is especially unreliable. “You take a guy who is nothing but a con man and you rely on him to accuse others. He has a built-in incentive to lie,” he said.

Jeff Weiner represents someone that Rothstein has cooperated against:

He said it was “sad and pathetic” that the federal government would turn to the state’s top scam artist to entrap his client. He contends the government is delaying Rothstein’s sentencing in hopes of reforming his reputation for the witness stand. The postponement “is only to keep from being sentenced so the government can bolster his credibility, which he has none, against the many people he has cooperated against,” Weiner said.

I wonder if Jeff will be able to get Rothstein to pass out on the stand...

Sentencing is currently scheduled for June for Rothstein before Judge Cohn. My best guess is that he gets somewhere between 20 and 25 years. What do you all think?