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).

Joe Cool defendant testifies

From Vanessa Blum's article:

Zarabozo, in short, matter-of-fact responses to lawyers' questions, said he was on the Joe Cool because Archer told him they would be working a security job in Bimini.Zarabozo said he was in the bathroom when he heard gun shots and emerged to see Archer standing near the lifeless body of Samuel Kairy, the boat's first mate.The corpses of Capt. Jake Branam, his wife Kelley, and Branam's half-brother Scott Gamble were outside on the deck, Zarabozo said.He said Archer ordered him to help dump the bodies overboard and clean the boat."He was pointing my gun at me," Zarabozo said.In her cross examination, prosecutor Karen Gilbert pressed Zarabozo for more details and suggested aspects of his testimony differed from earlier accounts."Sir, it's not hard to remember if it really happened," Gilbert said."All I've done for the past year is try to erase that day from my mind," Zarabozo replied.Zarabozo showed little emotion and seldom glanced at the jury during more than three hours on the witness stand.At one point, his lawyer, Anthony Natale, instructed him to look directly at the jury and answer: "Did you shoot anyone on that boat?""No," Zarabozo said.

The jury will have the case tomorrow....

SUBSTITUTE BLOGGER

While David battles the forces of evil in West Palm Beach (not to mention I-95 traffic)  I have agreed to post some thought provoking articles. It's either my drivel or staring at David's post announcing the start of the Joe Cool trial for the next few weeks. 

I realize this is the Federal Blog, and there is a certain level of decorum that is expected. (Click here for my idea of decorum). So I won't be duplicating my state court blog posts and ponder cross dressing judges or lawyers and clerks being caught under the bench canoodling. Just log on to the Broward Blog if you need more of that. 

This NY Times Article on the  diminishing impact of US Supreme Court decisions in foreign jurisdictions caught our eye. After years of Supreme Court Judges bashing Justice Kennedy and his citations to foreign decisions, the courts of other nations have decided to reciprocate. 

From the article:

"One of our great exports used to be constitutional law," said Anne-Marie Slaughter, the dean of the Woodrow Wilson  School of Public and International Affairs at Princeton. "We are losing one of the greatest bully pulpits we have ever had."

From 1990 through 2002, for instance, the Canadian Supreme Court cited decisions of the United States Supreme Court about a dozen times a year, an analysis by The New York Times found. In the six years since, the annual citation rate has fallen by half, to about six.

Australian state supreme courts cited American decisions 208 times in 1995, according to a recent study by Russell Smyth, an Australian economist. By 2005, the number had fallen to 72.

Rumpole asks: does it matter? Do we want to be recognized and admired for our legal system, or do we just not give a damn about what the rest of the world thinks about us?

Personally, we think this just highlights a trend of diminishing American prestige and influence among the rest of the world. 

When the Supreme Court issues decisions like it did in  Bowles v. Russell, 551 U.S. ____2007, closing the courthouse doors to a prisoner, who following a federal judge's instructions filed a notice of appeal on the 17th day after a decision, when the law only gave him 14 days, there is nothing much for us to be proud of. The decision in Bowles prompted this outburst from Justice Souter:"it is intolerable for the judicial system to treat people this way." He added, "There is not even a technical justification for condoning this bait and switch."

Based on how our system treats its own citizens, we think it's not surprising that the rest of the world relies less and less on what our judges write. Now how we treat our insurance companies and brokerage houses that go belly up- that's an entirely different story. 

Go get em David. 

See You In Court. 

News & Notes

Why appointments are better than elections. (via Sun-Sentinel)

Joe Cool case continues; apparently "four days before Guillermo Zarabozo and his accomplice chartered the Joe Cool fishing vessel for a trip that led to his arrest for murder, he received a letter from Miami-Dade police accepting him as an applicant." (via Miami Herald).

Anyone want to guest blog for a couple weeks?

Openings in the Joe Cool case

The jury was picked in a morning and both sides already have given opening statements. If this was state court, it may have taken a week to pick a jury in a murder case. Not in federal court....

Here's Vanessa Blum and Curt Anderson on openings and Luisa Yanez on jury selection.

Jeffrey Tsai opened for the government.
Tony Natale for defendant Guillermo Zarabozo.

Co-defendant Kirby Archer, who pleaded guilty to life in prison, is not expected to testify for the government. The defense has painted Archer as the criminal and stated in openings that Zarabozo was also a victim.

"I didn't want to go in the life raft. He made me go. He had my gun."

That was Joe Cool defendant Guillermo Zarabozo talking about co-defendant Kirby Archer, who has already pleaded guilty. Zarabozo was testifying today at a motion to suppress.

More from Curt Anderon's AP article:

"What was going through your mind?" asked defense attorney Anthony Natale.
"That I would get shot. He had just shot four people," Zarabozo said.
The hearing Tuesday concerned whether statements Zarabozo made to the Coast Guard and FBI after he and Archer were rescued from the life raft will be allowed at trial. U.S. District Judge Paul Huck ruled those statements could be used because Zarabozo was not under arrest or being interrogated, but simply answering routine search-and-rescue questions.
"That would be a normal Coast Guard procedure and not a nefarious, underhanded attempt by the Coast Guard to obtain criminal information," Huck said.

His trial is scheduled for September.

Life for Archer...

Kirby Archer pleaded guilty today, agreeing to life in prison for his role in the Joe Cool murders.

Guillermo Zarabozo is proceeding to trial. The government announced that the death penalty is also off the table for Zarabozo. When Judge Huck heard this, he moved the trial date up to August, and discharged the court-appointed death penalty lawyer, Bill Matthewman.

Here's the Sun-Sentinel coverage, the AP's and the Herald's.

Morning buzz

Judge Huck has scheduled a hearing July 28 in which Kirby Archer will plead guilty to first degree murder in the Joe Cool case. He will agree to life in prison..

Prosecutors say the 36-year-old Archer and 20-year-old Guillermo Zarabozo hired the charter boat for $4,000 to go to the Bahamas, then tried to divert it to Cuba.

Zarabozo has passed a polygraph and blamed Archer in court papers for killing the captain, his wife and two crew members when they resisted. Should be a fascinating trial...

Here's the news coverage from the Sun-Sentinel, the Herald, and the AP.

News and Notes

1. Ken Jenne's days in prison. (via Miami Herald and Sun-Sentinel). From Dan Christensen: Once Broward's most powerful politician, ex-Sheriff Ken Jenne now spends his days raising vegetables in the garden of a federal prison camp in rural Virginia.
Jenne, convicted of corruption last fall, talked briefly about his new duties in a three-hour deposition taken six weeks ago in a federal civil rights lawsuit in which he's a defendant.
...''I work in what is called the garden planting various vegetables,'' Jenne, 61, told Fort Lauderdale lawyer Barbara Heyer.

2. Prosecutors object to Joe Cool polygraph. (via Sun-Sentinel):

Federal prosecutors are fighting to make sure jurors never hear that one of the suspects in the murders of four people at sea passed two lie detector tests saying he did not take part in killing any of the crew members on the Joe Cool.Guillermo Zarabozo, 20, of Hialeah and Kirby Archer, 36, of Strawberry, Ark., who were passengers on the boat's ill-fated charter voyage in September, are charged with four counts of first degree murder and could face the death penalty. Their trial is expected to begin this fall.Zarabozo's lawyers say his favorable polygraph results should be allowed as evidence because they corroborate Zarabozo's version of events--that he was lured onto the boat under false pretenses by Archer and did not know anything illegal was going to happen until Archer fired the fatal shots.At a hearing in Miami federal court Wednesday, prosecutor Karen Gilbert said the polygraph evidence should not be allowed because it is not reliable and could have too much influence on jurors.
U.S. District Judge Paul Huck said he would rule after government officials conduct a separate polygraph exam of Zarabozo--a procedure defense lawyers said they welcomed.

Joe Cool defendant passes polygraph

Assistant Public Defenders Anthony Natale and Brian Stekloff, along with co-counsel Bill Matthewman, who represent Joe Cool defendant Guillermo Zarabozo, filed a motion yesterday to admit polygraph evidence. Here's the intro:

Mr. Zarabozo has passed scientifically valid polygraph examinations conducted by two separate, leading experts in the field of polygraph examination. Both experts have determined that Mr. Zarabozo truthfully answered questions that demonstrate he did not: (1) commit premeditated murder, i.e., shoot anyone; (2) conspire to commit murder; or (3) commit felony murder. The Eleventh Circuit has held that polygraph evidence is admissible to corroborate the testimony of a witness at trial–here, Mr. Zarabozo. See United States v. Piccinonna, 885 F.2d 1529, 1536-37 (11th Cir. 1989). Moreover, for the reasons discussed in detail below, the science of polygraph examination has evolved to a point where it clearly satisfies the requirements of Daubert. As Justice Potter Stewart stated, “Any rule that impedes the discovery of truth in a court of law impedes as well the doing of justice.” Hawkins v. United States, 358 U.S. 74, 81 (1958) (Stewart, J., concurring). Any effort to deprive a jury from hearing the results of Mr. Zarabozo’s polygraph examinations would run contrary to Justice Stewart’s admonition and would impede justice in this case.

Apparently Zarabozo passed two different polygraph examinations. Here are the questions from the first polygraph:

“1. While on the Joe Cool, did you shoot anyone? Answer – No.
2. Before hearing the first gunshot, had you talked with Kirby Archer
about shooting anyone on board the Joe Cool? Answer – No.
3. Before hearing the first gunshot, had you talked with Kirby Archer
about stealing the Joe Cool? Answer – No.”

And from the second:

“Q1: Regarding what you knew before that charter boat the ‘Joe Cool’ crew was killed and
the boat hijacked last September 22, 2007: Do you intend to answer truthfully each
question about that” A1: Yes.
Q2: Other than what you now know: At any time before the crew members of the Joe
Cool were shot: For any reason did you really know that was going to happen? A2:
No.
Q3: When you said that before the shooting occurred on that boat the Joe Cool; that the
only reason you were on board, was to travel to Bimini and participate in pre-planned
security job with Kirby Archer, did you lie about that? A3: No.
Q4: When you said that you expected to participate in a future CIA assignment with
Kirby Archer either in Cuba or Venezuela after the Bimini security job was done: Did
you lie about that? A4: No.
Q5: When you said that you brought your handgun for use on the Bimini security job and
that it was never intended to be used by you or Kirby Archer to hijack that boat the
Joe Cool: Did you lie about that? A5: No.”

"Prosecutors say jailhouse snitches won't be called to testify in Joe Cool case"

That's the headline from Vanessa Blum's article discussing the government's filing today. It makes sense not to call these guys, who would just muddy the case up for the government. Smart move.

From Blum's article:

Two jailhouse snitches who say they heard incriminating statements from a suspect in the Joe Cool murder-at-sea case won't be called to testify at trial, federal prosecutors stated in a motion filed Monday evening.Their announcement came after attorneys for Guillermo Zarabozo sought to have the so-called confession thrown out, claiming it violated Zarabozo's constitutional right to be represented by an attorney during questioning.U.S. District Judge Paul Huck set a hearing for Wednesday to discuss the government's filing. Huck canceled a hearing where the inmates, Antwan Hall and Daniel Noel, were expected to testify about the circumstances of their conversations with Zarabozo in Miami's Federal Detention Center.Zarabozo, 20, of Hialeah and Kirby Archer, 36, of Strawberry, Ark. are charged with murdering Joe Cool captain Jake Branam, 27; his wife, Kelley Branam, 30; his half brother, Scott Gamble, 35; and first-mate Samuel Kairy, 27 on Sept. 22.

***

But the confession posed problems for prosecutors. First, it could not be used against Archer, meaning the government would be forced to try the two defendants separately if it came in as evidence. Secondly, the inmates would have obvious credibility problems as witnesses, because they are convicted felons seeking sentence reductions.Most urgently, Zarabozo's lawyers wanted Huck to rule on claims the confession violated Zarabozo's right to counsel. In a motion filed last week, defense lawyers said prosecutors knew Hall and Noel were government snitches and intentionally placed the men next to Zarabozo to illicit a confession.Federal judges have ruled that informants who have pre-existing agreements to gather information for prosecutors may be considered government agents. That would make a jailhouse interrogation illegal unless the suspect's lawyer was present.Prosecutors disputed that was the case, saying the government had "no agreement or prearrangement" with the men to seek a confession from Zarabozo.Still, prosecutors agreed not to use the confession unless Zarabozo took the stand at trial and told a different story.The men's trial is currently set for early June but could be pushed back if the government opts to seek the death penalty.

Joe Cool defendant wants to keep supposed statement out

Looks like the Joe Cool case is starting to heat up again...

At a status today, Judge Huck set a hearing on Guillermo Zarabozo's motion to exclude his supposed statement to a jailhouse snitch for next Wed. Here is the intro to Jay Weaver's article:

A Hialeah man charged with another man in the slayings last year of four Miami Beach charter boat crew members is trying to have his alleged ''confession'' to a jailhouse snitch tossed out before trial this summer.
Guillermo Zarabozo has asked a federal judge to suppress testimony by the government's jail ''informant,'' who claims Zarabozo confessed in custody that his co-defendant fatally shot the victims aboard the Joe Cool at sea last fall.
Zarabozo allegedly told the informant in the Federal Detention Center that Kirby Archer, a fugitive from Arkansas, used Zarabozo's gun to shoot the four after Archer argued with the boat captain about taking the vessel to Cuba.
A hearing on Zarabozo's new motion, filed by attorney William Matthewman, is set for Wednesday before U.S. District Judge Paul Huck.
The lawyer claims Zarabozo's right to counsel under the Sixth Amendment would be violated if the informant -- Antwan Hall, a felon serving 30 months for possession of a firearm -- is allowed to testify for the prosecution at trial on June 23.
''All that matters is whether the government informant deliberately used his position to secure incriminating information from . . . [Zarabozo] when counsel was not present,'' according to the motion.
Matthewman said Hall's cellmate, Daniel Noel, also convicted on firearm charges and serving 24 months, might be used as a witness to corroborate Hall's testimony.

Jailhouse snitch?

Apparently someone at the federal jail claims that a defendant in the Joe Cool case confessed. Smells fishy to me. Here and here are the articles.

Big cases

1. The government has moved to disqualify the Federal Public Defender's office in the Joe Cool case. Here's an article covering the latest from the hearing. Judge Huck is considering the motion and hasn't ruled yet.

2. Narseal Batiste is still on the stand in the Liberty City 7 case. Here's the latest from Jay Weaver:

In effect, Batiste and his lawyer, Ana Jhones, tried to leave a dozen Miami-Dade jurors with the impression that the ringleader only talked about waging holy war as a ruse to obtain big bucks from Assad."I wanted the money for support. That was the only reason I was there," said Batiste, who was barely scraping by as he tried to launch a religious group called the Moorish Science Temple in a concrete warehouse in Liberty City. The religion blends Christianity, Judaism and Islam.Batiste also testified that al-Saidi coached him to put on a "show" for Assad, saying that he would likely get his money if he provided details of a terror plot to the Middle Eastern contact."If you're going to get this support, you have to do something," Batiste recalled al-Saidi telling him before Assad's arrival in December 2005."The only plan I had was to clean up our community," Batiste testified.

News and Notes

Lots of district news:

1. Liberty City seven: The expert (Raymond Tanter) is testifying. If the defendants are convicted, this will be issue #1 on appeal. Reports from the Sun-Sentinel & Herald. (I've been told that the expert plans on writing a book about his trial experience in this case -- cross examination is today, so we'll find out more.)

2. Joe Cool: Although the government has yet to decide if it will seek the death penalty, defense lawyers have asked that Bill Matthewman be appointed for his expertise in death cases. (Via Sun-Sentinel). And despite the comments to previous posts, Judge Huck has indicated that he will probably set the trial in about six months -- plenty of time for both sides to prepare.

3. Julie Kay's NLJ column: Her first is here (Florida leads states in wage suits; clogging fed courts).

4. Coverage of US v. Williams oral argument, via HowAppealing:

"An anti-porn law that will survive?" Lyle Denniston has this post at "SCOTUSblog."
"Justices Hear Arguments on Internet Pornography Law": Linda Greenhouse has this article today in The New York Times.
Today in The Washington Post, Robert Barnes reports that "High Court Surveys Child Pornography Law's Scope."
David G. Savage of The Los Angeles Times reports that "High court weighs child porn law; Justices seek to establish whether a tool to punish online purveyors of illegal pictures infringes on the 1st Amendment."
In USA Today, Joan Biskupic reports that "Court puts child porn law to test; Justices appear skeptical of challengers' arguments."
And The Miami Herald reports that "Child-porn law debated; The attorney for a former Miami-Dade officer argued before the U.S. Supreme Court that a law to curb child pornography is too broad."
"Supreme Court hears arguments over child-pornography law": McClatchy Newspapers provide this report.
"Supreme Court Takes Up Child Porn Case": This audio segment (RealPlayer required) featuring Dahlia Lithwick appeared on today's broadcast of NPR's "Day to Day."
And at "The Volokh Conspiracy," Orin Kerr has a post titled "Oral Argument in United States v. Williams."

Joe Cool case to Judge Huck

The parties better get ready for trial!

No bond for the Joe Cool defendants

Today, Magistrate Judge Bandstra denied the bond requests by the Joe Cool defendants. (via Miami Herald , AP and Sun-Sentinel).


"In this courtroom sketch, Kirby Logan Archer, 35, of Strawberry, Ark., left, and Guillermo Zarabozo, 19, of Hialeah, right, appear in federal court in Miami. The men, who were picked up in a life raft after hiring a charter boat to take them to the Bahamas, have been charged with murder in the incident. The boat's four crew members are still missing. (AP/Shirley Henderson / September 26, 2007) "

Monday Morning Blogging

It's Monday morning -- messages to return; weekend mail to go through; getting to stuff we couldn't get to Friday afternoon...

But the Hurricanes beat FSU. That makes it all feel a little bit better, doesn't it?

Unfortunately, the Fins are the worst they have been in my lifetime. It's tough to watch. Rumpole has a funny post about them over at his blog.

As for SDFLA news, the Liberty City 7 trial is still going... Joe Cool arraignments should occur this week.

And it looks like we have a new Justice Watch columnist -- Alana Roberts. Welcome. She writes today about Jack Thompson, which we have covered in detail in prior posts.

Finally, a couple of you have asked about how to join the local chapter of the Federal Bar Association. Go to this site, pay by credit card, and make sue you pick the South Florida Chapter. You'll want to join soon -- our first speakers in November are Judges Barkett and Marcus. Should be fun.

Joe Cool charges -- First Degree Murder

We don't get many first degree murder cases in federal court (this one can be charged in federal court because the alleged murders occurred on the high seas), so that alone makes the Joe Cool case fascinating. Add to it that there are no bodies, weapon, or confession and you have all the makings of an unbelievable trial that should be covered on Court TV. But, (as I have complained of many times before) we have no cameras in federal court, so you'll just have to check in here to get your updates. (Our prior coverage of the case is here).

Here's the Sun-Sentinel coverage, the AP, the Miami Herald.

U.S. Attorney Alex Acosta on the case: "We believe the evidence is strong. We shouldn't shy away from a case just because it's not an easy one." He said Kirby Archer, 35, of Strawberry, Ark., and Guillermo Zarabozo, 20, of Hialeah, murdered the crew "in cold blood."

From the Herald article:

Archer's attorney, former federal prosecutor Allan Kaiser, said the charges were hollow.
''They're under the gun,'' Kaiser said. 'The magistrate judge said last week, `You better come up with more evidence.' This is the evidence? I don't see a first-degree, premeditated murder case predicated on alleged inconsistent statements.''

No bond for the Joe Cool defendants

So ruled Magistrate Judge William Turnoff.

Press coverage here, here, and here.

Apparently the feds have more evidence -- like shell casings, blow gun darts, and knives. Plus it looks like they were headed to Cuba, where they couldn't be extradited to the U.S.

In this courtroom sketch, Kirby Logan Archer, 35, of Strawberry, Ark., left, and Guillermo Zarabozo, 19, of Hialeah, Fla., right, appear in federal court in Miami Wednesday, Sept. 26, 2007. (AP Photo/Shirley Henderson)