RIP Bobby Lee Cook

 It's always sad to say goodbye to great trial lawyers.  And Cook was one of the best  From ACJ:

Bobby Lee Cook, one of the premier trial lawyers in America and perhaps Georgia’s most famous attorney, died Friday at his mountain home in Cloudland. He was 94....the stories of Cook’s ingenuity, antics and legal prowess abound. Many have been repeated so many times over the years, lawyers take them as gospel although some are hard to completely verify. Like the time Cook was defending a man accused of murder and the state’s star witness testified he was certain Cook’s client had fired exactly two shots. Expecting this testimony, Cook stationed a friend outside the courthouse and had him fire off six rounds. When asked how many shots had just been fired, the state’s witness couldn’t say for sure. Cook’s client walked. Or the time in a moonshine case where Cook was cross-examining the local sheriff. When Cook accused the sheriff of not arresting another moonshiner because he’d been accepting bribes from him, the sheriff threw a Coke bottle at Cook, narrowly missing him. Cook dragged the sheriff down from the witness stand and began pummeling him. After a few moments, the trial judge told Cook to let the sheriff get up off the floor, saying, 'I think he’s had enough.' The jury acquitted Cook’s client in that case, too.

Rubio backs Markenzie Lapointe for U.S. Attorney

The Herald article is titled: "Rubio backs Haitian-American lawyer for Miami U.S. Attorney.  But candidate field is growing."  The intro:

Although the Republican Party lost the presidency and the power to pick U.S. attorneys, Florida Sen. Marco Rubio still can wield considerable influence over the selection of the next top federal prosecutor in South Florida.

In a key move, sources close to Rubio say, the senator has privately signaled support for a Haitian-American lawyer considered the Biden administration’s front-runner — Markenzy Lapointe, a Black Miami lawyer and Marine veteran who once worked in the U.S. Attorney’s Office.

But Lapointe isn’t the only candidate to emerge. There are at least four others interested in the job — all also qualified and with a history of practicing law in both the public and private sectors. Among them are former South Florida federal prosecutors Jacqueline Arango, Andres Rivero and David Buckner, along with Palm Beach County State Attorney Dave Aronberg. 

 

Readers of the blog knew of this slate when it was posted here on the blog first back on December 11, 2020.

Should courts be having in person hearings?

Forget about trials for a moment, which are postponed until May.  Here's an email from Paul Petruzzi that just went around about a state court probation violation hearing:

So, many of you know I share space with Jerry Cariglio. Our office also has staff and a lawyer with health conditions that place them at greater risk for serious complications were they to contract Covid. As an office, we have all been very careful to avoid exposing ourselves and then the rest of the office. Over Jerry’s objection, Judge Fernandez decided to conduct a PVH in person rather than waiting for things to become more safe. The hearing started yesterday and was to resume today. It won’t resume today because the bailiff tested positive for Covid. In the meantime, Jerry had very close contact with the bailiff for several hours yesterday and now has had contact with half the people in our office suite.
I encourage the judicial powers that be in state court to rethink their current plans.
Paul P.

"Just Let People Have Cellphones in Prison"

 That's the title of this great piece by Hannah Riley at Slate.  And of course we should let folks have their phones, especially during the pandemic lockdown in prisons where they can't leave their rooms for most of the day.  From the conclusion (and I recommend checking out prison TikTok):

It’s not all grim, though. A scroll through prison TikTok will reveal everything from how to MacGyver loose electrical wires to boil water to recipes for “prison pizza”—and then there are, of course, the TikTok dances. People are risking retaliation to show that they too have joy, in the midst of darkness.

The desire to punish is a deeply human one, but we should know by now that policies based on revenge never end well, especially when we know that those policies actually result in more harm. Access to cellphones—that is, access to love, connection, transparency, and a window to the outside world—is one simple but vital step to reduce those harms. Those who believe incarceration should be maximally harsh and devoid of joy or connection must reckon with reality: The more we isolate and torture people in cages, the less safe we all become.

 

Season 2, Episode 4: Rob Cary for Sen. Ted Stevens

It's prosecutorial misconduct on this week's episode of For The Defense.  The podcast features Rob Cary of Williams & Connolly, who represented Sen. Ted Stevens in his federal trial in which there was widespread prosecutorial misconduct.  You can check it out on Apple, Spotify and Google,  All other platforms can be accessed on our website. 

From left are Sen. Stevens, his lawyers Rob Cary and Brendan Sullivan, prosecutor Joseph Bottini, Judge Emmet Sullivan and government witness Bill Allen.

Sen. Stevens and Rob Cary

Previous episodes this Season include : 

• Alan Dershowitz (O.J. Simpson): Dersh discusses the trial of the century and other fascinating legal topics with his former student.  Listen here.
• Jose Baez (Casey Anthony): Jose Baez has become known as one of the go-to trial lawyers, and it was the Casey Anthony case that thrust him onto the national stage. Listen here.
• Ron Sullivan (Aaron Hernandez): All hope was lost for Aaron Hernandez after he lost his first murder trial.  Enter Harvard Law Professor Ron Sullivan who represented Hernandez at murder trial #2 and won against all odds. Listen here.

Coming up on For the Defense:

• Jayne Weintraub (Yahweh Ben Yahweh): Cutting off ears, death angels, and a Temple of Love.  Another day at the office in Miami’s Justice Building where Jayne Weintraub defended who some called a cult-leader and others called a savior.
• Abbe Lowell (John Edwards): The future was bright for Vice-Presidential nominee and Presidential candidate John Edwards until he was indicted in federal court for a cover up involving an extra-marital affair.  He needed Abbe Lowell’s trial skills to keep him out a prison cell.
• David Gerger (Deepwater Horizon): Someone needed to pay for the biggest environmental disaster in U.S. history, and David Gerger made sure the government did not scapegoat his client Robert Kaluza.
• Michael Tigar (Terry Nichols): Who would represent one of the most-hated criminal defendants of all time, accused of blowing up the federal building in Oklahoma City? None other than the dean of the criminal defense bar, Michael Tigar.

It's not too late to catch up on Season 1 if you missed it (which included the following lawyers: Donna Rotunno, Roy Black, Tom Mesereau, Marty Weinberg, H.T. Smith, F. Lee Bailey, and Hank Asbill).  

To receive Florida CLE credit for Season 1, email me at dmarkus@markuslaw.com (we have applied for Season 2).

Please send me your feedback -- and of course, subscribe, like and comment!  If you or a friend would like to receive these updates, please have them sign up here. 

Thank you! --David

 

Hosted by David Oscar Markus and produced by rakontur

Latest trial order from Chief Judge Moore (spoiler... trials continued till May)

The order is below. Although trials are technically continued until May, it's going to be longer than that. There is a pilot civil jury trial scheduled for May now (as reported earlier), but juror summons go out about 8-10 weeks in advance. So assuming that May pilot trial goes well and the Court decides to open things up again, we are looking at July before we get back in earnest.

2021-12 Coronavirus Public Emergency - Eighth Order Concerning Jury Trials and Other Proceedings 02-10-21 by David Oscar Markus on Scribd

Mark Lapointe front runner for U.S. Attorney in SDFLA

 Jay Weaver covers the story here:

With sweeping turnover in the U.S. justice system under way in the new Biden administration, a Black lawyer has emerged as the leading candidate for the high-profile job of U.S. Attorney in Miami.

If President Joe Biden nominates Markenzy Lapointe, 53, for the influential post, it would be an historic choice in one of the most dynamic federal prosecutor’s offices in the nation.

Not only would his nomination be a first in the Southern District of Florida, but it would also signal Biden’s nod to the Black vote that helped him defeat Donald Trump in November’s presidential election. Lapointe is the only candidate to be interviewed by the White House counsel so far for the U.S. Attorney’s job, reflecting the strength of his prospects.

This is so great.