Holiday Blogging

Sorry I haven't been blogging much this week -- I've actually been swamped... Soooo, we're gonna close down the blog until the new year unless something big comes up (For example, if I win the blog fantasy football championship this weekend against RichRodisCuban, I will post about it!). Other than that, though, I need a little break. Have a great holiday season. Happy New Year and see you in 2010.

Innocent people pleading guilty

It's one of the criminal justice system's dirty little secrets -- innocent people plead guilty because the risk if you lose at trial is too high. The Wall Street Journal covers this phenomenon here:

A surprise twist in the criminal case against Broadcom Corp. co-founder Henry Samueli again raises questions about plea bargains, one of the most important and controversial aspects of the justice system.

In a Santa Ana, Calif., court last week, federal Judge Cormac Carney dismissed the criminal complaint charging Mr. Samueli with lying to the Securities and Exchange Commission in its investigation of whether Broadcom misstated its earnings by improperly accounting for executive stock options. Judge Carney's dismissal came even though Mr. Samueli had stood before him in 2008 and pleaded guilty to that very crime.

Mr. Samueli did what lawyers and legal scholars fear a disturbing number of other people have done: pleaded guilty to a crime they didn't commit or at least believed they didn't commit. These defendants often end up choosing that route because they feel trapped in a corner, or fear getting stuck with a long prison sentence if they go to trial and lose.

The evolution of the criminal-justice system in recent decades has put many defendants "under all but impossible pressure to plead guilty, even if they're not," said Yale law Prof. John Langbein, a critic of the plea-bargain system.

A daughter of a defendant who recently pled guilty in this district says that her dad was innocent but couldn't risk a life sentence when there was a 2-year offer on the table:

But she wants to be pragmatic. Should her father risk spending the rest of his life in prison in an attempt to clear his name? She doesn't think so. Even before a plea bargain was offered, she said her father should consider one if it were offered. "It is really (awful), admitting to something you didn't do," she said. "He doesn't deserve any of this."

David Gerger out of Houston summed up best:

“When the government can increase your sentence tenfold for going to trial, then very few innocent people will have the courage to take that risk,” Gerger said. “They will just plead guilty, and that's wrong.”

There's a lot we can do to fix this, and much of it already has been discussed (even by yours truly -- I testified about this problem before the Sentencing Commission a few months back). For starters, juries -- not probation officers -- should recommend sentences to the Court.

And perhaps our court system should be more open to the public, like the state system is. One move in the right direction -- the 9th Circuit has started a pilot program where non-jury civil trials can be televised.

Video cameras, long banned from most federal courtrooms, could be used in civil trials throughout the West under a new initiative in the federal judiciary’s Ninth Circuit. One of the first cases to be televised could be next month’s hearing over a challenge to California’s same-sex marriage ban.

The move was announced Thursday by Alex Kozinski, the chief judge of the United States Court of Appeals for the Ninth Circuit. Judge Kozinski called the move an “experiment” that “is designed to help us find the right balance between the public’s right to access to the courts and the parties’ right to a fair and dignified proceeding.”


***
But as Judge Kozinski said in an interview, “a lot has happened since then.” He cited advances in technology, the rise of Internet video transmission and greater experience of successful use of video in state courts and at the federal appeals level. “We thought it was time to take another look,” he said.

Judge Kozinski emphasized that the new initiative was still an experiment, and that it would be dropped “if it in any way impairs the fair administration of justice.” But he also noted that he did not expect to see problems.

“It’s a little bit of an uphill battle” to get courts to adopt technology, he said, adding: “We all have to be much more tech savvy than we really ever were, or particularly wanted to be. It’s just the nature of life in the 21st century.”

So, we have a lot to discuss in the comments -- are innocent defendants pleading guilty? Should we have cameras in the courtroom?

UPDATE -- check out this law.com article about the attorney who was recently acquitted. Apparently the judge isn't too happy with the sweetheart deals given to the snitches:

A federal judge in Columbus, Ga., has slammed federal prosecutors for making "sweetheart plea deals" with drug dealers to further their "relentless pursuit" of a criminal defense attorney whose trial ended last month when a jury acquitted him of drug conspiracy, attempted bribery and money laundering charges.
U.S. District Judge Clay D. Land issued his harsh criticism of the U.S. Attorneys' Offices for the Middle and Southern Districts of Georgia in an unusual 19-page order explaining why he more than doubled the recommended prison sentence of a federal witness who testified against Columbus lawyer J. Mark Shelnutt.
Land suggested that the judgment of the U.S. Attorney's Middle District office in Macon, Ga., which oversees federal prosecutions in Columbus, "may have become clouded by its zeal to bring down a prominent defense attorney."
"The Court became concerned that the focus of the U.S. attorney's office was on getting a high-profile lawyer and negotiating sweetheart plea deals with the actual drug dealers to accomplish that," Land wrote.

Silly

Here's something to make you laugh this weekend -- it's the second most downloaded video of 2009.

RIP Joan Grady

Joan Grady -- longtime assistant to Kathy Williams at the FPD's office -- has passed away. Joan was an incredibly hard worker, and was always available to the lawyers in the office and the CJA lawyers looking for help. She was really loved by everyone and we'll all miss her.

Miami's worst kept secret is out

Rumpole and the DBR finally broke what people have been talking about for weeks now -- that the White House is actively vetting Kathy Williams for the open judge seat and Willy Ferrer for U.S. Attorney.

Congrats to these two very well-deserving candidates. Both are going to be absolutely great....

As an aside, I held off on posting this news for the past couple of weeks because the vetting process is very sensitive and I didn't want anything to slow the process for Kathy or Willy. But now, it's out there, so I am posting it...

Hopefully the official nomination will happen by the end of the year.

Louie the interpreter retiring

No doubt that longtime court interpreter Angel Luis Nigaglioni "has seen it all." Here's a nice Herald article about him and his career.

The longest serving interpreter in U.S. federal court -- whose voice was also known to millions of Spanish speakers worldwide as that of late President Ronald Reagan en español -- has retired.
During his 35-year career, Angel Luis Nigaglioni played a unique part in South Florida's tumultuous judicial history, participating in such high-profile proceedings as the prosecution of Miami River Cops on corruption charges and the trial of Gen. Manuel Noriega, the former military dictator of Panama.
``I have seen everything. It is a fascinating profession in that every day you learn something, not just about language but about the human condition,'' Nigaglioni, 70, said.

We're #1!

The American Tort Reform Association has ranked South Florida as the #1 "Judicial Hellhole" in the nation. How silly. Here's what they say:

South Florida, the home of WhoCanISue.com, is known for its medical malpractice claims, never-ending tobacco lawsuits and generous verdicts. Trial practices favor plaintiffs, as exemplified by a string of reversals in a Miami-Dade case against Ford Motor Company. Florida is also developing a reputation as the place to bring slip-and-fall lawsuits due to its lower burden of proof compared to other states, making the state ripe for fraudulent claims. Supermarkets, corner stores, and restaurants have no choice but to settle, regardless of whether they could have prevented accidents. In addition, Florida is one of the few states that allow those who drive under the influence of alcohol or drugs to sue the automobile manufacturer for failing to prevent their injuries by designing a safer car, while hiding from the jury the driver's responsibility for the crash. South Florida is home to several legal scandals this year, in which lawyers enriched themselves with their clients' money and bought hospital records to solicit business. Even the organization representing plaintiffs' lawyers in the state has found itself in hot water.

"The defendant here isn't exactly Tinker Bell."

That was Judge Turnoff today in presiding over the bond hearing for Robert Antoine, a former Haitian government official charged in a telecom bribery scheme involving Haiti's state-owned telecommunications company. Judge Turnoff set a 10% bond at $1 million, meaning that Antoine will have to post $100,000 with the court. He'll get that back with interest if he sees the case through. Here's the Herald article. A snippet:

Federal prosecutors argued that Antoine was a flight risk and wanted him detained. ``He is the primary mover and shaker who made this all happen,'' U.S. Attorney Kimberly Selmore said in court. ``Without him, this couldn't be done.''
Selmore argued it was Antoine who was responsible for the contracts that allowed Esquenazi and Rodriguez to allegedly defraud Haiti Teleco. Antoine was joined by 19 family and friends in court Monday, and family members say they will come up with the money. Another hearing is scheduled to determined if the money is clean.
Antoine's attorney Dennis Kainen argued that his client should be allowed to post bail to fight the charges from behind bars. He said even before his extradition he had intended to fly to Miami from Haiti on Sunday.
"His ties to the community are overwhelming,'' said Kainen, noting that Antoine has been living in South Florida since 1969.

In other news, Curt Anderson covers the civil case against Chuckie Taylor:

Five Africans who claim they were tortured and abused in Liberia when former President Charles Taylor ruled will come to a Miami courtroom next week seeking millions of dollars from the man they say ordered the atrocities: Taylor's son, Charles McArthur Emmanuel.
Emmanuel, also known as Charles ``Chuckie'' Taylor Jr., was convicted in federal court in Miami last year of violating U.S. anti-torture laws as a high-level enforcer for his father. He is serving a 97-year prison sentence.
The five Liberian victims filed a lawsuit against him earlier this year, winning a default judgment in May that leaves only the question of damages for a trial that begins Monday.
***
Emmanuel, 32, did not initially contest the lawsuit but will appear in court and apparently act as his own lawyer in the bench trial next week before U.S. District Judge Adalberto Jordan. He has already been transferred from a federal prison in Marion, Ill., to Miami's downtown detention center, and has filed several handwritten motions.
In one of them, he asks an attorney for the Liberians for details about the victims and their case, but says it is doubtful that he will take the witness stand next week.
``I will not be testifying in the December proceeding,'' Emmanuel wrote. ``That could change based upon the information requested.''