News & Notes

I've had enough election coverage.  Here's some other interesting tidbits:

1.  Magistrate Judge Alicia Valle is up for re-appointment.  Jon Sale leads the re-appointment committee here.  Please send him comments.  

2.  People's Court Judge Marylin Milian and her husband, former AUSA and Circuit Judge John Schlesinger had some fun promoting at home court here.

View this post on Instagram

Get to know Judge Milian’s husband, Judge John Schlessinger who you’ll be seeing a lot of this season!

A post shared by The People’s Court (@thepeoplescourttv) on Sep 10, 2020 at 11:13am PDT

 

3.  ACB is already asking questions.  Pretty interesting.

4. Some folks have asked me if the prosecutors or judges have responses to the podcast episodes so far on Harvey Weinstein (with Donna Rotunno) and Luis Alvarez (with Roy Black).  But this is a podcast for criminal defense lawyers about their work.  I'm happy to post any rebuttal though.  If the prosecutors or judges would like to comment, please send me your comments and I will post them in full.  

Have a great weekend everyone. 

Recreational drug use is a winner on election day (UPDATED WITH SAD NEWS)

 Lots of controversy still swirling... but one thing both sides agree on -- recreational drugs should be legalized.  Here's an article on BuzzFeed, titled: "The Real Winner of the Election? Drugs."

In New Jersey, Arizona, Montana, and South Dakota, residents voted to legalize recreational cannabis.

Mississippi and South Dakota voted to legalize the medical use of cannabis in-state. And, for the first time in US history, Oregon decriminalized hard drugs, like cocaine, heroin, oxycodone, and methamphetamine. The state also voted to legalize psychedelic mushrooms.

This is all to say that — despite the anxiety of not yet knowing who's been elected president by Wednesday — the country took historic and progressive steps in destigmatizing drug use and drug-related offenses.

 

UPDATE -- some very sad news -- Pat Trese has passed away.  He was only 50 and a really nice guy.  I just met him last week during a two-day zoom hearing in federal court.  Rumpole has more at his blog.  Awful news.  2020...

FOR THE DEFENSE, EPISODE 2 ROY BLACK DISCUSSES HIS DEFENSE OF LUIS ALVAREZ

Happy Election Day!  One of the big issues in this election is criminal justice and especially racial justice.  George Floyd, Breonna Taylor, Ahmaud Arbery, Tamir Rice, and so on.  Back in the early 80s, Miami was going through a similar time of racial tension. 

This episode of the podcast will take us back to that time and examine a case where Roy Black represented a Hispanic police officer, Luis Alvarez, who was charged with the killing of a young Black man, Nevell Johnson.  

This episode is available now on all podcast platforms including Apple, Spotify and Google.

I think you'll enjoy hearing from famed criminal defense lawyer Roy Black (who has represented William Kennedy Smith, Rush Limbaugh, Helio Castroneves, and Marv Albert just to name a few).  This was the case that thrust Roy into the national spotlight, and he didn't disappoint.  Check it out!

And a big thanks to those of you who listened to the premiere episode last week with Donna Rotunno, the lawyer that represented Harvey Weinstein (which is still available on Apple, Spotify, and Google). 

As the kids say, please like and subscribe to the podcast! It would really help me to get the word out!  THANK YOU!

Of course there's already a problem in Miami with the election

 The Feds are investigating what's going on with piles of ballots sitting at post offices in Miami.  The Herald is covering it here:

Two days after inspectors found dozens of undelivered ballots sitting in a post office in South Miami-Dade County, the U.S. Postal Service Office of Inspector General is preparing to sweep other mail facilities in Miami-Dade for ballots that haven’t reached their destination ahead of the Nov. 3 election.

Scott Pierce, the special agent in charge for the USPS Inspector General’s Southern Area Field Office, confirmed to the Miami Herald on Sunday afternoon that special agents “will be busy over the next couple of days conducting several station visits” at mail distribution centers in Miami-Dade.

Pierce wouldn’t disclose which locations or how many would be searched.

“Our investigation continues and, at this time, we aren’t releasing any additional statements,” he said.

On Friday night, agents discovered 48 ballots in the Princeton post office near Homestead after State Rep. Kionne McGhee tweeted a video that showed a backlog of undelivered mail piling up at the facility. McGhee said the video was shared with him anonymously by a concerned USPS employee.

Ugh, this is crazy to me.  All of us really need this election to be over already.  And with stuff like this going on, I'm concerned that we won't have an answer Tuesday night.  Fingers crossed. 

A day off to vote

What a cool concept from Adam Rabin.  He explains it on his FB page:

A Day Off to Vote is set up to encourage law firms, professional practices, and businesses of all types to support their employees with time off to vote on or before Election Day.

Some firms and businesses are accommodating their employees by giving them the whole day off on Election Day so their employees can volunteer as poll workers or in other ways. Others are giving their employees an extra hour or two to cast their ballots in person or drop off their mail ballots to an approved drop box.

As of this week, we have 58 firms and businesses participating. We also had our first commercial real estate brokerage and management firm, our first statewide law firm, and our first law firms in Miami-Dade and Broward counties join the cause.

The Daily Business Review covers it here.

Zoom hearings... so much fun.

NEW PODCAST SERIES “FOR THE DEFENSE,” CHRONICLING FAMOUS DEFENSE ATTORNEYS AND THEIR MOST FASCINATING TRIALS, DEBUTS TODAY

 I am very excited to announce my new podcast, For the Defense, which is being produced by rakontur.  Here's the release.  Please let me know what you think:

NEW PODCAST SERIES “FOR THE DEFENSE,” 
CHRONICLING FAMOUS DEFENSE ATTORNEYS 
AND THEIR MOST FASCINATING TRIALS, DEBUTS TODAY


Hosted by David Oscar Markus and produced by rakontur

OCTOBER 27, 2020 -- David Oscar Markus, a Miami trial attorney who has been called “a reincarnation of the old school criminal defense lawyer” and has represented clients from the head of the Cali Cartel to Fortune 500 companies and their CEOs, has partnered with rakontur, the lauded storytellers behind Cocaine Cowboys, The U and 537 Votes, to launch a new podcast series called For the Defense. 

The podcast focuses on the work of the least-respected but perhaps the most important profession in America: the criminal defense attorney.  In each episode, Markus will interview a top criminal defense lawyer about one of their most gripping trials.

Sadly, the criminal defense trial lawyer is a dying breed. The Feds have manipulated the system -- which was founded on the idea of trial by jury -- to force almost everyone (occasionally including the innocent) into pleading guilty to avoid trial. If you dare to go to trial, you risk going to prison for decades longer than had you surrendered and pleaded guilty. The system has shifted from valuing and encouraging trials to punishing those who dare exercise their constitutional right to have a jury decide their guilt.  In the 1980s, over 20% of cases went to trial -- now less than 3% do so.

Having tried cases all over the United States, Markus is well-positioned to speak to other leading criminal defense lawyers in the country and explore with them the decision they made in a high-profile case to proceed to trial, including their trial strategy, the risks involved, and the clients themselves.  

In the premiere episode, available now on all podcast platforms including Apple, Spotify and Google, Markus discusses the Harvey Weinstein case with his lawyer Donna Rotunno and what it was like for her to represent the most hated man in America against an entire movement.

New episodes will be available on Tuesdays. Among the highlights of Season One:

• How did Roy Black flip the prosecution witnesses in his favor during the trial of a police officer charged with killing a black man during an altercation in an arcade?
   
• Why did Tom Messereau initially want to call Michael Jackson to the stand but ultimately decide against it? 
   
• What was going through Marty Weinberg’s head when his client, a lawyer, decided he wanted to give part of the closing argument? 
   
• How did H.T. Smith deal with a judge who was wearing handcuffs as his tie-tack?
   
• How did F. Lee Bailey, just a year out of law school, land the most followed trial of the day, Sam Sheppard (the defendant who ended up being the inspiration for The Fugitive)?  

CONTACT: info@rakontur.com, DMarkus@markuslaw.com

RIP Alvin Entin

 Heard some really sad news this morning... Alvin Entin passed away yesterday.  He was recovering from COVID-19 and had a stroke.  He was such a good guy.  I had the good fortune of having tried a couple of cases with him.  I'll never forget one closing he did -- he started out by saying: I'm so sorry ladies and gentlemen... that closing by the prosecution was such a snoozer!  It nearly put me to sleep. Well, I'm here to wake you up with the truth -- Mr. X is not guilty!

The jury loved it and loved him.

He was also a theater guy, performing in lots of shows and on the board of a theater company in Broward.  Folks on his FB page on talking more about his theater career and his love of theater than the law, which is how we all know him.

Alvin's brother passed away a few weeks ago... what an awful time for their family.  He was married to Lois for almost 50 years.  They have 6 children.  RIP Alvin.