Tuesday, September 30, 2008

Playboy pinup in federal court this week


Enough with hung juries and murder trials.

There was a Playboy model testifying in federal court this week.

María del Luján Telpuk descended on Miami beneath a cascade of camera lights and questions.
Journalists from three countries pounced on the 27-year-old bombshell as she arrived from South America on Sunday morning. Looking dainty and fresh after her eight hour flight, she posed for photographers, gave a pair of live telephone interviews, and said little about her role in a legal case that could shame two presidents.
Telpuk is known as the ''suitcase girl'' in her native Argentina. She is in Miami to testify in federal court about the alleged coverup of an international scandal that involves the United States, Argentina, Venezuela, and a suitcase full of $800,000 in unexplained cash.
The case has transformed the one-time nursery school teacher into a Playboy pinup, and, evidenced by her loving embrace of the cameras at Miami International Airport, she is clearly savoring her 15 minutes of fame.
''The truth is I still don't totally understand'' the turn her life has taken, Telpuk told The Miami Herald as she walked to the car waiting to whisk her away to an undisclosed hotel. ``It's been very shocking for me, though it's brought many new and good things.''

Joe Cool jury hangs on first degree murder counts

That's a victory for the defense.

The jury did convict on 4 gun counts. The prosecution will be happy with some convictions after it looked like the jury would hang on everything yesterday, especially since the potential sentences on those counts are life.

Food for thought -- should Judge Huck order a new trial on all counts because the jury may have been confused on the gun counts based on its previous note and because it appears that the jurors compromised after the Allen charge? If the case has to be retried anyway, why not try the whole thing? What are your thoughts?

Chuckie Taylor case opens

The DOJ lawyer, Chris Graveline, spoke about the "Demon Forces", a unit that tortured people, including cutting a man's penis with a knife and dumping him in a pit.

Assistant Federal Defender John Wylie said if the case were a newspaper headline, it would read "Desperate and disgruntled Africans accuse American to escape wartorn Liberia".

Should be a very interesting trial. I will post media coverage shortly.

Monday, September 29, 2008

RIP Joe Eaton

I never really knew Joe Eaton, but everyone always says such nice things about him... Sadly, we've lost another one of the old guard. If you have a good story about Judge Eaton, please post them in the comments.

From the Palm Beach Post:


The U.S. district judge who ruled to integrate Palm Beach County's public schools died on Sunday, leaving behind a sea of accomplishments that focused on serving others.
Joe Eaton saw everyone as equal, no matter the color of one's skin, because that's what he learned growing up on a watermelon seed farm in northern Florida. Those teachings stuck with him for the rest of his life, said Janet Eaton Sherr, the youngest of Mr. Eaton's three children.

"We were taught as children the importance of equality in life," said Sherr, of Boca Raton, who is also a member of the Boca Raton Airport Authority.
After Mr. Eaton's ruling to integrate schools in 1973, a man tried to kill him, Sherr said, by trying to strangle him in his truck. Mr. Eaton, who at the time was about 6-foot-2 and 260 pounds, managed to take control and call police. But even then, he didn't regret his decision of bringing equality to all students.
Mr. Eaton accomplished so much in his 88 years, it's difficult for his daughter to even know where to start. "He's just done so many things," Sherr, 58, said.
In 1967, he was appointed by President Lyndon B. Johnson to take the U.S. District Court seat in the Southern District of Florida. He was a state senator, an assistant state attorney and a captain and a pilot in the U.S. Army Air Corps. He eloped with his then-17-year-old bride, Patricia Eaton, before joining the military, where he earned honors including the Purple Heart, Sherr said.
Patricia and Joe Eaton were married 66 years. He died in his sleep in their home at the East Ridge Retirement Village near Miami.
He spent his free time fishing and boating on the Peace River in Arcadia, Fla., where he owned a second home. At the East Ridge Retirement Village outside of Miami, where he and Patricia lived, he sang in the chorus and was chairman of the town council.
He had six grandchildren, five great-grandchildren and At the age of 81, Mr. Eaton wrote his first and only book about his time in the war and named it Tiger Stripe.
"I could tell my dad everything," Sherr said through tears. "I lost a best friend along with a dad."
A funeral will be held at 2 p.m. on Friday at the First United Methodist Church of South Miami. The family will receive guests at 6:30 p.m. Friday at 9881 SW 103rd St., Miami.

Hung?

The Joe Cool jury says it can't reach a verdict: "As a jury we feel stuck in the sand and no hope or expectation that we will be able to move to consensus one way or the other."

Judge Huck read them the Allen charge:

I'm going to ask that you continue your deliberations in an effort
to reach agreement upon a verdict and dispose of this case; and I have
a few additional comments I would like for you to consider as you do so.
This is an important case. The trial has been expensive in time,
effort, money and emotional strain to both the defense and the
prosecution. If you should fail to agree upon a verdict, the case will be
left open and may have to be tried again. Obviously, another trial would
only serve to increase the cost to both sides, and there is no reason to
believe that the case can be tried again by either side any better or
more exhaustively than it has been tried before you.
Any future jury must be selected in the same manner and from the
same source as you were chosen, and there is no reason to believe that
the case could ever be submitted to twelve men and women more
conscientious, more impartial, or more competent to decide it, or that
more or clearer evidence could be produced.
If a substantial majority of your number are in favor of a
conviction, those of you who disagree should reconsider whether your
doubt is a reasonable one since it appears to make no effective
impression upon the minds of the others. On the other hand, if a
majority or even a lesser number of you are in favor of an acquittal, the
rest of you should ask yourselves again, and most thoughtfully, whether
you should accept the weight and sufficiency of evidence which fails to
convince your fellow jurors beyond a reasonable doubt.
Remember at all times that no juror is expected to give up an
honest belief he or she may have as to the weight or effect of the
evidence; but, after full deliberation and consideration of the evidence
in the case, it is your duty to agree upon a verdict if you can do so.
You must also remember that if the evidence in the case fails to
establish guilt beyond a reasonable doubt the Defendant should have
your unanimous verdict of Not Guilty.
You may be as leisurely in your deliberations as the occasion may
require and should take all the time which you may feel is necessary.
I will ask now that you retire once again and continue your
deliberations with these additional comments in mind to be applied, of
course, in conjunction with all of the other instructions I have previously
given to you.

Thursday, September 25, 2008

Joe Cool jury still out

They are coming back Monday (one of the jurors can't deliberate tomorrow, so they are taking the day off).

Apparently, people can hear shouting from the jury room....

Vanessa Blum reports on this juror question, which the defense should be happy about:

Would a South Florida man automatically be guilty of a crime for bringing his gun on board the Joe Cool charter vessel, even if he didn't know a crime was going to take place? (emphasis added)

That's what a federal jury panel in the murder-at-sea case asked the trial judge Thursday after two full days of deliberations.U.S. District Judge Paul Huck did not answer the question directly, instead referring jurors to his previous instructions on the law. The jury is still deliberating.At roughly 5:30 p.m., Huck sent home the seven men and five women with instructions to return Monday for continued deliberations. The jury was given Friday off so one juror could attend a funeral.

Interesting. Any thoughts?

Wednesday, September 24, 2008

News & Notes

1. The Joe Cool jury is still out. It's been two sleepless nights for the lawyers.

2. The Chuckie Taylor trial is underway before Judge Altonaga. (More via the Miami Herald here).

3. I closed today... We ended sooner than expected. So regular blogging to resume soon. (Here's a short article about the case).