Water cooler talk

Forget about 756, everyone is talking about yesterday's 3rd DCA's opinion re Adorno Yoss.

From the concurrence by former AUSA (we had to have a SDFLA connection somewhere!) Angel Cortinas:

Plainly and simply, this was a scheme to defraud. It was a case of unchecked avarice coupled with a total absence of shame on the part of the original lawyers. The attorneys manipulated the legal system for their own pecuniary gain and acted against their clients’ interests by attempting to deprive them of monies to which they might otherwise be entitled. More unethical and reprehensible behavior by attorneys against their own clients is difficult to imagine.

Youch.

Here's the opinion.

Here's the coverage in the DBR, the Herald, and the WSJ blog.

Padilla update

The government has rested after a short rebuttal. The rest of the week is legal issues without the jury. Closing arguments Monday and Tuesday next week.

Very sad day...

via Rumpole, SY GAER HAS PASSED AWAY

If you didn't know Sy because you don't get over to state court, you missed out. This man is a legend and embodied the Metro Justice Building. What a loss.

Govt rebuttal in Padilla trial to start today

And closing arguments will start Monday the 13th!

Now when will we get a verdict? Any guesses on how long the jury will be out? The over/under is Friday the 17th at 5PM.

Executive branch vs. Judicial branch

The Louis Robles case has pitted prosecutors against the judiciary. The government and the defense had worked out a deal for Robles -- 10 years in prison plus restitution -- and that deal had the blessing of the receiver and almost all of the victims.

Judge Gold, however, won't accept the deal, saying it's too lenient. The government recently filed a 16 page motion for reconsideration explaining why the plea made sense. Judge Gold denied that motion, which now leaves the government with two choices. It can try a case that neither party wants to try. Or it can dismiss the counts that carry more than a 10 year maximum, leaving Judge Gold with no choice but to sentence Robles to 10 years, even after a trial.

Oftentimes, defense lawyers complain that sentencing is driven by prosecutors and that it should be left to judges to sentence, not executive officers. In this case, prosecutorial discretion is important in capping the sentence.

Any thoughts on what the U.S. Attorney's office should do? Should they defer to the judge or stand up for their position?

Here are previous posts on the Robles case. Our initial coverage of the issue is here. The DBR covers the story today but there is no free link yet.