SHOCKER!

This story about a judge shocking a defendant can't be true, can it?  From the Baltimore Post Examiner:

Maryland Circuit Court Judge Robert C. Nalley — who in 2009 deflated the tire of a Toyota parked outside the Charles County courthouse – recently ordered a court security officer to administer an electrical shock to a defendant inside his courtroom.
On Nalley’s order, the Charles County Sheriff’s Department officer pushed a button that administered an electric shock to Delvon L. King, 25, of Waldorf. King, who is not a lawyer, represented himself against gun charges.
The incident occurred July 23 during jury selection, but apparently before any potential jurors were brought into the courtroom.
In the moments before Nalley ordered King to be shocked, the defendant did not threaten Nalley or anyone else, according to the court transcript. King did not make any threatening physical moves toward Nalley or anyone else, and did not attempt to flee, according to the defendant and his parents, Alexander and Doris King who were in the courtroom and witnessed the attack.

Delvon King, 25. (Photo provided by Alexander King to Baltimore Post-Examiner)

Nalley did not warn King in the moments before he ordered the officer to shock King, the transcript obtained by Baltimore Post-Examiner shows. The defendant was trying to cite a court case, and Nalley cut him off.
“Stop,” Nalley said, according to the transcript.
“… principles of common right and common reason are …” King said.
“Mr. Sheriff … ” Nalley said
“… null and void,” King continued.
“…do it,” Nalley ordered. “Use it.”
“(DEFENDANT SCREAMS).”
On Nalley’s order, a uniformed Charles County Sheriff’s Department officer pressed a button, which released a charge from an electronic device authorities had attached to King’s right leg. King crumpled to the ground in agony.
“I got shocked, and I was screaming for help,” King told the Baltimore Post-Examiner. “They had no reason to harm me like that. I really didn’t expect for any of that to happen.”
“He (Delvon) screamed and he kept screaming,” Alexander King said. “When the officer hit the button, it was like an 18-wheeler hit Delvon. He hit the ground that quick. He kept screaming until the pain subsided.”
Nalley asked the officer to shock King once or twice before he gave a more emphatic directive, which the officer followed, Alexander and Doris King said.
“It wasn’t the officer’s idea, from what I saw,” Alexander King said. “He didn’t do it the first time (Nalley gave the order).”
Before Nalley ordered the court officer to electroshock him, King tried to question whether the court had jurisidiction over him by citing legal cases. King considers himself a “sovereign citizen” and believes the government and its laws do not apply to him.
- See more at: http://baltimorepostexaminer.com/maryland-judge-robert-nalley-ordered-officer-shock-defendant-court/2014/08/18#sthash.l4fkYbvK.dpuf

Maryland Circuit Court Judge Robert C. Nalley — who in 2009 deflated the tire of a Toyota parked outside the Charles County courthouse – recently ordered a court security officer to administer an electrical shock to a defendant inside his courtroom.
On Nalley’s order, the Charles County Sheriff’s Department officer pushed a button that administered an electric shock to Delvon L. King, 25, of Waldorf. King, who is not a lawyer, represented himself against gun charges.
The incident occurred July 23 during jury selection, but apparently before any potential jurors were brought into the courtroom.
In the moments before Nalley ordered King to be shocked, the defendant did not threaten Nalley or anyone else, according to the court transcript. King did not make any threatening physical moves toward Nalley or anyone else, and did not attempt to flee, according to the defendant and his parents, Alexander and Doris King who were in the courtroom and witnessed the attack.

Delvon King, 25. (Photo provided by Alexander King to Baltimore Post-Examiner)

Nalley did not warn King in the moments before he ordered the officer to shock King, the transcript obtained by Baltimore Post-Examiner shows. The defendant was trying to cite a court case, and Nalley cut him off.
“Stop,” Nalley said, according to the transcript.
“… principles of common right and common reason are …” King said.
“Mr. Sheriff … ” Nalley said
“… null and void,” King continued.
“…do it,” Nalley ordered. “Use it.”
“(DEFENDANT SCREAMS).”
On Nalley’s order, a uniformed Charles County Sheriff’s Department officer pressed a button, which released a charge from an electronic device authorities had attached to King’s right leg. King crumpled to the ground in agony.
“I got shocked, and I was screaming for help,” King told the Baltimore Post-Examiner. “They had no reason to harm me like that. I really didn’t expect for any of that to happen.”
“He (Delvon) screamed and he kept screaming,” Alexander King said. “When the officer hit the button, it was like an 18-wheeler hit Delvon. He hit the ground that quick. He kept screaming until the pain subsided.”
Nalley asked the officer to shock King once or twice before he gave a more emphatic directive, which the officer followed, Alexander and Doris King said.
“It wasn’t the officer’s idea, from what I saw,” Alexander King said. “He didn’t do it the first time (Nalley gave the order).”
Before Nalley ordered the court officer to electroshock him, King tried to question whether the court had jurisidiction over him by citing legal cases. King considers himself a “sovereign citizen” and believes the government and its laws do not apply to him.
- See more at: http://baltimorepostexaminer.com/maryland-judge-robert-nalley-ordered-officer-shock-defendant-court/2014/08/18#sthash.l4fkYbvK.dpuf

Maryland Circuit Court Judge Robert C. Nalley — who in 2009 deflated the tire of a Toyota parked outside the Charles County courthouse – recently ordered a court security officer to administer an electrical shock to a defendant inside his courtroom.
On Nalley’s order, the Charles County Sheriff’s Department officer pushed a button that administered an electric shock to Delvon L. King, 25, of Waldorf. King, who is not a lawyer, represented himself against gun charges.
The incident occurred July 23 during jury selection, but apparently before any potential jurors were brought into the courtroom.
In the moments before Nalley ordered King to be shocked, the defendant did not threaten Nalley or anyone else, according to the court transcript. King did not make any threatening physical moves toward Nalley or anyone else, and did not attempt to flee, according to the defendant and his parents, Alexander and Doris King who were in the courtroom and witnessed the attack.

Delvon King, 25. (Photo provided by Alexander King to Baltimore Post-Examiner)

Nalley did not warn King in the moments before he ordered the officer to shock King, the transcript obtained by Baltimore Post-Examiner shows. The defendant was trying to cite a court case, and Nalley cut him off.
“Stop,” Nalley said, according to the transcript.
“… principles of common right and common reason are …” King said.
“Mr. Sheriff … ” Nalley said
“… null and void,” King continued.
“…do it,” Nalley ordered. “Use it.”
“(DEFENDANT SCREAMS).”
On Nalley’s order, a uniformed Charles County Sheriff’s Department officer pressed a button, which released a charge from an electronic device authorities had attached to King’s right leg. King crumpled to the ground in agony.
“I got shocked, and I was screaming for help,” King told the Baltimore Post-Examiner. “They had no reason to harm me like that. I really didn’t expect for any of that to happen.”
“He (Delvon) screamed and he kept screaming,” Alexander King said. “When the officer hit the button, it was like an 18-wheeler hit Delvon. He hit the ground that quick. He kept screaming until the pain subsided.”
Nalley asked the officer to shock King once or twice before he gave a more emphatic directive, which the officer followed, Alexander and Doris King said.
“It wasn’t the officer’s idea, from what I saw,” Alexander King said. “He didn’t do it the first time (Nalley gave the order).”
Before Nalley ordered the court officer to electroshock him, King tried to question whether the court had jurisidiction over him by citing legal cases. King considers himself a “sovereign citizen” and believes the government and its laws do not apply to him.
- See more at: http://baltimorepostexaminer.com/maryland-judge-robert-nalley-ordered-officer-shock-defendant-court/2014/08/18#sthash.l4fkYbvK.dpuf

Maryland Circuit Court Judge Robert C. Nalley — who in 2009 deflated the tire of a Toyota parked outside the Charles County courthouse – recently ordered a court security officer to administer an electrical shock to a defendant inside his courtroom.

On Nalley’s order, the Charles County Sheriff’s Department officer pushed a button that administered an electric shock to Delvon L. King, 25, of Waldorf. King, who is not a lawyer, represented himself against gun charges.

The incident occurred July 23 during jury selection, but apparently before any potential jurors were brought into the courtroom.

In the moments before Nalley ordered King to be shocked, the defendant did not threaten Nalley or anyone else, according to the court transcript. King did not make any threatening physical moves toward Nalley or anyone else, and did not attempt to flee, according to the defendant and his parents, Alexander and Doris King who were in the courtroom and witnessed the attack.

Delvon King, 25. (Photo provided by Alexander King to Baltimore Post-Examiner)

Nalley did not warn King in the moments before he ordered the officer to shock King, the transcript obtained by Baltimore Post-Examiner shows. The defendant was trying to cite a court case, and Nalley cut him off.

“Stop,” Nalley said, according to the transcript.

“… principles of common right and common reason are …” King said.

“Mr. Sheriff … ” Nalley said

“… null and void,” King continued.

“…do it,” Nalley ordered. “Use it.”

“(DEFENDANT SCREAMS).”

On Nalley’s order, a uniformed Charles County Sheriff’s Department officer pressed a button, which released a charge from an electronic device authorities had attached to King’s right leg. King crumpled to the ground in agony.

“I got shocked, and I was screaming for help,” King told the Baltimore Post-Examiner. “They had no reason to harm me like that. I really didn’t expect for any of that to happen.”

“He (Delvon) screamed and he kept screaming,” Alexander King said. “When the officer hit the button, it was like an 18-wheeler hit Delvon. He hit the ground that quick. He kept screaming until the pain subsided.”

Nalley asked the officer to shock King once or twice before he gave a more emphatic directive, which the officer followed, Alexander and Doris King said.

“It wasn’t the officer’s idea, from what I saw,” Alexander King said. “He didn’t do it the first time (Nalley gave the order).”

Before Nalley ordered the court officer to electroshock him, King tried to question whether the court had jurisidiction over him by citing legal cases. King considers himself a “sovereign citizen” and believes the government and its laws do not apply to him.

Maryland Circuit Court Judge Robert C. Nalley — who in 2009 deflated the tire of a Toyota parked outside the Charles County courthouse – recently ordered a court security officer to administer an electrical shock to a defendant inside his courtroom.
On Nalley’s order, the Charles County Sheriff’s Department officer pushed a button that administered an electric shock to Delvon L. King, 25, of Waldorf. King, who is not a lawyer, represented himself against gun charges.
The incident occurred July 23 during jury selection, but apparently before any potential jurors were brought into the courtroom.
In the moments before Nalley ordered King to be shocked, the defendant did not threaten Nalley or anyone else, according to the court transcript. King did not make any threatening physical moves toward Nalley or anyone else, and did not attempt to flee, according to the defendant and his parents, Alexander and Doris King who were in the courtroom and witnessed the attack.

Delvon King, 25. (Photo provided by Alexander King to Baltimore Post-Examiner)

Nalley did not warn King in the moments before he ordered the officer to shock King, the transcript obtained by Baltimore Post-Examiner shows. The defendant was trying to cite a court case, and Nalley cut him off.
“Stop,” Nalley said, according to the transcript.
“… principles of common right and common reason are …” King said.
“Mr. Sheriff … ” Nalley said
“… null and void,” King continued.
“…do it,” Nalley ordered. “Use it.”
“(DEFENDANT SCREAMS).”
On Nalley’s order, a uniformed Charles County Sheriff’s Department officer pressed a button, which released a charge from an electronic device authorities had attached to King’s right leg. King crumpled to the ground in agony.
“I got shocked, and I was screaming for help,” King told the Baltimore Post-Examiner. “They had no reason to harm me like that. I really didn’t expect for any of that to happen.”
“He (Delvon) screamed and he kept screaming,” Alexander King said. “When the officer hit the button, it was like an 18-wheeler hit Delvon. He hit the ground that quick. He kept screaming until the pain subsided.”
Nalley asked the officer to shock King once or twice before he gave a more emphatic directive, which the officer followed, Alexander and Doris King said.
“It wasn’t the officer’s idea, from what I saw,” Alexander King said. “He didn’t do it the first time (Nalley gave the order).”
Before Nalley ordered the court officer to electroshock him, King tried to question whether the court had jurisidiction over him by citing legal cases. King considers himself a “sovereign citizen” and believes the government and its laws do not apply to him.
- See more at: http://baltimorepostexaminer.com/maryland-judge-robert-nalley-ordered-officer-shock-defendant-court/2014/08/18#sthash.l4fkYbvK.dpuf

Maryland Circuit Court Judge Robert C. Nalley — who in 2009 deflated the tire of a Toyota parked outside the Charles County courthouse – recently ordered a court security officer to administer an electrical shock to a defendant inside his courtroom.
On Nalley’s order, the Charles County Sheriff’s Department officer pushed a button that administered an electric shock to Delvon L. King, 25, of Waldorf. King, who is not a lawyer, represented himself against gun charges.
The incident occurred July 23 during jury selection, but apparently before any potential jurors were brought into the courtroom.
In the moments before Nalley ordered King to be shocked, the defendant did not threaten Nalley or anyone else, according to the court transcript. King did not make any threatening physical moves toward Nalley or anyone else, and did not attempt to flee, according to the defendant and his parents, Alexander and Doris King who were in the courtroom and witnessed the attack.

Delvon King, 25. (Photo provided by Alexander King to Baltimore Post-Examiner)

Nalley did not warn King in the moments before he ordered the officer to shock King, the transcript obtained by Baltimore Post-Examiner shows. The defendant was trying to cite a court case, and Nalley cut him off.
“Stop,” Nalley said, according to the transcript.
“… principles of common right and common reason are …” King said.
“Mr. Sheriff … ” Nalley said
“… null and void,” King continued.
“…do it,” Nalley ordered. “Use it.”
“(DEFENDANT SCREAMS).”
On Nalley’s order, a uniformed Charles County Sheriff’s Department officer pressed a button, which released a charge from an electronic device authorities had attached to King’s right leg. King crumpled to the ground in agony.
“I got shocked, and I was screaming for help,” King told the Baltimore Post-Examiner. “They had no reason to harm me like that. I really didn’t expect for any of that to happen.”
“He (Delvon) screamed and he kept screaming,” Alexander King said. “When the officer hit the button, it was like an 18-wheeler hit Delvon. He hit the ground that quick. He kept screaming until the pain subsided.”
Nalley asked the officer to shock King once or twice before he gave a more emphatic directive, which the officer followed, Alexander and Doris King said.
“It wasn’t the officer’s idea, from what I saw,” Alexander King said. “He didn’t do it the first time (Nalley gave the order).”
Before Nalley ordered the court officer to electroshock him, King tried to question whether the court had jurisidiction over him by citing legal cases. King considers himself a “sovereign citizen” and believes the government and its laws do not apply to him.
- See more at: http://baltimorepostexaminer.com/maryland-judge-robert-nalley-ordered-officer-shock-defendant-court/2014/08/18#sthash.l4fkYbvK.dpuf

Acquitted conduct issue may be before the Supreme Court again

One issue that non-lawyers (as well as non-criminal lawyers) completely do not believe is that you can be sentenced based on conduct for which you have been acquitted.  That's been the law since 1997 in a case called Watts, which held that acquitted conduct, proved by a preponderance of the evidence, could be used to increase a defendant's sentence.  This concept is being challenged again in Ball v. United States.  From the Blog of the Legal Times:

 The issue comes to the court in a Washington drug case, Ball v. United States, along with significant help from a leading sentencing scholar, the libertarian Cato Institute and the Rutherford Institute. According to the court’s docket, the petition will be before the court for consideration—along with hundreds of others—at its September 29 conference.
After an eight-month trial in 2007, the jury found Antwaun Ball, Desmond Thurston and Joseph Jones guilty of selling between two and 11 grams of cocaine, relatively small amounts. But they were acquitted on racketeering and other charges that they were part of an extensive narcotics conspiracy.
Yet when Judge Richard Roberts sentenced the three men, he said he “saw clear evidence of a drug conspiracy,” and on that basis ultimately sentenced Ball, Thurston and Jones to 18, 16 and 15 years in prison, respectively—four times higher than the highest sentences given for others who sold similar amounts of cocaine, according to the petition in their case.
“Nobody in the federal system gets this kind of time,” said Stephen Leckar, of counsel to Kalbian Hagerty in Washington, who represents the defendants. “In this country, people are punished for charges that are proven to a jury’s satisfaction.”
Asserting that the sentencing judge “marginalized the role of the jury,” Leckar said the jury foreman in his case wrote a letter to the judge. The letter stated, “It seems to me a tragedy that one is asked to serve on a jury, serves, but then finds out their work may not be given the credit it deserves.”
On appeal, the U.S. Court of Appeals for the D.C. Circuit affirmed the sentence even though it was based in part on acquitted conduct.
“Although we understand why appellants find sentencing based on acquitted conduct unfair,” the court said, “binding precedent of this court establishes that the practice does not violate the Sixth Amendment when the conduct is established by a preponderance of the evidence and the sentence does not exceed the statutory maximum for the crime.” The “preponderance of the evidence” standard for sentencing is easier to meet than the “beyond a reasonable doubt” standard jurors use to find guilt.

RIP Pat Davis

Pat Davis, who was married to our former chief judge Edward B. Davis for 52 years, passed away earlier this week.  She was a very private person and did not want a public service, but I thought it was important to post about her as she was such a special woman.  She loved Judge Davis so much and treated all of his law clerks like family.  She is survived by three children, Diana, Ned, and Traci; five grandchildren; and two great-grandchildren. The federal court family in the SDFLA is thinking of them.

Here are some pictures of her from the Federal Bar's Installation Dinner a few years back(credit Aidi Guerrero), which really capture her (so engaging and enthusiastic):

Interview list for Judge Rosenbaum's seat

Yesterday, I posted the link to the JNC's list of interviewees for Judge Rosenbaum's seat.  The Commission decided to interview 15 of the 24 people who applied.  Of those fifteen, 11 are state court judges.  There is a federal prosecutor and a federal magistrate.   Sadly, there are only two private lawyers.  

Each interview will last 25 minutes in the Judge's conference room in the Ferguson building.  Interviews are open to the public, so please let me know if you'd like to guest blog the interviews.  The JNC has invoked "the Rule" so applicants aren't permitted to watch other applicants.

Here is the list:

Martin J. Bidwell
Beatrice A. Butchko
Jeffrey J. Colbath
Mary Barzee Flores
David A. Haimes
Migna Sanchez-Llorens
Peter R. Lopez
Thomas Rebull
Meenu Sasser
Barry S. Seltzer
Edward N. Stamm
John W. Thornton, Jr.
Daryl E. Trawick
Jack Tuter
Melissa Damian Visconti

JNC announces interviews for district bench

Link here: http://www.flsd.uscourts.gov/wp-content/uploads/2014/08/JNC-NOTICE0001.pdf

More to follow soon. 

Ana Alliegro pleads guilty on eve of trial

Curt Anderson, from the AP, covers it here:

Less than a week before trial, a onetime close associate of former U.S. Rep. David Rivera pleaded guilty Tuesday to four charges in a long-running campaign finance investigation that also implicates Rivera.
Attorneys for Ana Alliegro announced in a surprise that she would plead guilty rather than go to trial Monday. Prosecutor Thomas Mulvihill said there was no plea agreement requiring Alliegro to cooperate as a government witness against Rivera.
Her attorney, Richard Klugh, said there was no written deal in place.
"There is no guaranteed benefit for the plea. She's just accepted responsibility," he said.
Rivera, a Republican, has not been charged and has repeatedly denied wrongdoing. Alliegro, 44, was accused of funneling about $80,000 to an unknown Democratic candidate, Justin Sternad, in the 2012 primary for the House seat then held by Rivera. Prosecutors say the goal was to weaken Democrat Joe Garcia, who won anyway and later defeated Rivera in the general election.
Mulvihill said Tuesday for the first time publicly that Rivera was part of the conspiracy when asked for the name by U.S. District Judge Robert Scola. In the past, Rivera was identified only as "co-conspirator A" in court documents.
Rivera did not immediately respond to an email seeking comment Tuesday.
Earlier this year, Rivera filed papers to run for his old 26th District House seat again, then suspended his campaign in July. Recently, however, Rivera has been participating in campaign events such as a candidates forum over the weekend, and his name will appear on next Tuesday's GOP primary ballot.
Alliegro, meanwhile, is to be sentenced Sept. 10. The four charges against her each carry potential five-year prison sentences, but she is likely to get far less because she has now pleaded guilty and may cooperate in the ongoing investigation. Sternad also pleaded guilty and was sentenced to seven months in prison.

House Pizzi vs. House Slaton (UPDATED)

In addition to the mass chaos this morning because it's the first day of school, there is going to be quite a show over at Miami Lakes City Hall if Michael Pizzi follows through with his promise to appear as Mayor this morning.  Over the weekend, Ben Kuehne sent the following letter on behalf of former-now current (?) mayor Michael Pizzi:

Alex Rey, Town Manager

Town of Miami Lakes

6601 Main Street

Miami Lakes, FL 33014

reya@miamilakes-fl.gov

Marjorie Tejeda, Town Clerk

Town of Miami Lakes

6601 Main Street

Miami Lakes, FL 33014

tejedam@miamilakes-fl.gov

                             Re:   Mayor Michael Pizzi

                                      Access to Town Hall and Mayoral Office

Dear Manager Rey and Clerk Tejeda:

          In strict accordance with Florida law following Mayor Pizzi’s acquittal on all charges in United States v. Michael Pizzi, U.S.D.C. Case No. 13-Cr-20815-Cooke (S.D. Fla.), Mayor Pizzi has resumed his constitutional duties and responsibilities as the duly elected Mayor of the Town of Miami Lakes to serve the 4-year term to which he was elected in November 2012. His suspension has been automatically lifted as a matter of law as a result of his acquittal.

          Mayor Pizzi appreciates The Town’s assistance in having restored his  mayoral office to him on the evening of August 14, 2014, when he re-entered Town Hall as Mayor immediately following his acquittal. At that time, you also returned his official Town photograph as Mayor to the Town Hall wall, and removed the personal effects of temporary Town Mayor Slaton from Mayor Pizzi’s office. That same evening, Mayor Pizzi was welcomed to Town Hall to resume his official duties and held a series of constituent meetings as Town Mayor.

          I now understand there is some confusion arising from the illegal efforts of the temporary Town Mayor to attempt to exercise official power beyond the temporary term to which he was elected. That is precisely why Mayor Pizzi will be continuing to utilize his mayoral office space effective on Monday, August 18, 2014, at 9 a.m. He will also need the services of an Administrative Assistant, and will require re-issuance of appropriate access credentials.

          Mayor Pizzi also intends to call a Special Council Meeting for the purpose of providing a community update to the citizens and residents of the Town. Please provide suitable dates consistent with public  notification requirements. Thank you for your assistance.

                                                                   Respectfully submitted,

                                                                   S/ Benedict P. Kuehne

                                                                   BENEDICT P. KUEHNE

The Herald covers the City's response:

The town’s response: If he goes into any unauthorized areas including the mayor’s office “he will be deemed a trespasser and subject to arrest.”
“The town of Miami Lakes will not tolerate a breach of the peace or disorderly conduct by Mr. Pizzi or anyone else,” Miami Lakes town attorney Raul Gastesi wrote on Sunday in response to a letter by Pizzi’s attorney Ben Kuehne, sent the day before, about Pizzi’s intentions of returning to office on Monday.
***
Slaton said on Sunday that he hoped Pizzi would change is mind about showing up at town hall.
“I was elected to serve until 2016 and that is exactly what I am going to do,” he said.

Well, who are you rooting for -- House Pizzi or House Slaton?

UPDATE == Chuck Rabin reports on Twitter that Pizzi did indeed show up and met with numerous people behind closed doors.  He wasn't arrested but was told that he wasn't the mayor.  Pizzi said he would instruct his lawyers to take legal action. 

***

 ***
In response, Gastesi said that “there is no confusion.”
“The Mayor of Miami Lakes is Wayne Slaton,” he wrote.
Pizzi called Gastesi’s response “insulting and ridiculous.”
“Mr. Gastesi has never practiced municipal law in his entire life,” he said. “He was appointed by Slaton because of his friendship and political loyalty and for no other reason. Instead of taking an objective position and doing research, Mr. Gastesi is acting as a personal lawyer for Mr. Slaton and leading the city down the wrong path.”
Pizzi said it is his responsibility to Miami Lakes residents for him to go back to work.
“I have no choice,” Pizzi said. “If I was to do anything else I'd be derelict in my duties.”

So are you rooting for House Pizzi or House Slaton?

                                        

Mayor Michael Pizzi acquitted of all counts!

Congrats to Ed Shohat and Ben Keuhne on this big win.