As posted yesterday, Louis Robles was supposed to plead guilty this morning in front of Judge Gold. The parties had agreed to 10 years in prison.
Well, not so fast. Judge Gold did not accept the deal today and rescheduled it in a month. Judge Gold has rejected plea agreements before, notably in the Al Gutman case.
At last week's symposium on ethics at the University of Miami, there was a panel discussion with 5 judges who were asked if they ever rejected agreed to pleas. They all responded that they did not. Should judges reject plea agreements? Comments?
The SDFLA Blog is dedicated to providing news and notes regarding federal practice in the Southern District of Florida. The New Times calls the blog "the definitive source on South Florida's federal court system." All tips on court happenings are welcome and will remain anonymous. Please email David Markus at dmarkus@markuslaw.com
Friday, April 20, 2007
Thursday, April 19, 2007
Pretty pleas(e)
Lots of pleas being reported today. Former asbestos lawyer Louis Robles is taking ten years. And the Hollywood cops are pleading to a min/man ten years, with the hope of a cooperation reduction.
Think about where you were *ten years* ago. I think all of us forget how freaking long that is.
Think about where you were *ten years* ago. I think all of us forget how freaking long that is.
Sunday, April 15, 2007
Jose Padilla trial to start
The lawyers about to start trying the Jose Padilla case must have that nervous stomach feeling that all trial lawyers get the night before... There's nothing like a criminal trial. The stakes are as high as they can be. The pressure is through the roof. Nothing in the law is more exciting and exhilarating... And the biggest trial in the Nation starts tomorrow in Miami. United States of America v. Jose Padilla. Start your engines.
Our local beat is of course all over the start of the Jose Padilla trial.
"Padilla terror trial is ready to unfold; After five years in detention, Jose Padilla will finally have his day in court as jury selection begins Monday in a high-profile terrorism trial in Miami": This article appears today in The Miami Herald.
The South Florida Sun-Sentinel reports today that "5 years later, Padilla terror case closer to trial."
And The Associated Press reports that "Padilla Jury Selection Opening."
Friday, April 13, 2007
"Sports agent guilty in Cuban ballplayer case"
That's the headline in today's Herald re the smuggling trial of Gustavo Dominguez. The same jury found Roberto Yosvany, charged with operating the boat, not guilty of the conspiracy and smuggling charges.
I won't really be able to post much today or this weekend as I won't have computer access....
I won't really be able to post much today or this weekend as I won't have computer access....
Thursday, April 12, 2007
Trial dogs...
There isn't a better District to be a lawyer (or to be a blogger!) -- we've got the most interesting cases and the most trials. Jose Padilla starts Monday and I've been writing a bunch about that. But right now, there are two other very high profile trials proceeding.
The first is the Kenneth Wilk cop-killing death penalty trial before Judge Cohn. From reading the coverage (Vanessa Blum is covering it almost every day -- here's the latest article -- and here is Nikki Waller's coverage), it looks to me like the defense may need to focus on saving this man's life instead of going for the NG. It's a very difficult decision in a DP case -- do you go full guns blazing for the NG and perhaps alienate the jury or do you try to keep the jury sympathetic enough to your client so that they don't want to kill him. I've never done a death penalty case before (unlike Wilk's very experienced DP lawyer Bill Matthewman) so thankfully I haven't had to make that crazy hard decision.
Then we've also got the Gustavo Dominguez, sports agent smuggling case going on in Key West before Judge Moore. The Defendant has taken the stand (according to today's Herald). There is no better drama than that. It's also the most difficult decision a defense lawyer makes in any trial. Apparently the defense is that Dominguez paid the drug smuggling convict $225K not to help smuggle but because he was afraid for his and his family's life. If the jury believes him, he'll walk. If they don't, bye bye. Forget about reasonable doubt when the Defendant testifies.
Where else can you get this kind of great stuff?
The first is the Kenneth Wilk cop-killing death penalty trial before Judge Cohn. From reading the coverage (Vanessa Blum is covering it almost every day -- here's the latest article -- and here is Nikki Waller's coverage), it looks to me like the defense may need to focus on saving this man's life instead of going for the NG. It's a very difficult decision in a DP case -- do you go full guns blazing for the NG and perhaps alienate the jury or do you try to keep the jury sympathetic enough to your client so that they don't want to kill him. I've never done a death penalty case before (unlike Wilk's very experienced DP lawyer Bill Matthewman) so thankfully I haven't had to make that crazy hard decision.
Then we've also got the Gustavo Dominguez, sports agent smuggling case going on in Key West before Judge Moore. The Defendant has taken the stand (according to today's Herald). There is no better drama than that. It's also the most difficult decision a defense lawyer makes in any trial. Apparently the defense is that Dominguez paid the drug smuggling convict $225K not to help smuggle but because he was afraid for his and his family's life. If the jury believes him, he'll walk. If they don't, bye bye. Forget about reasonable doubt when the Defendant testifies.
Where else can you get this kind of great stuff?
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