John Pacenti covers the amicus briefs filed in support of the Cuban 5:
Nobel laureates, scholars and international organizations have flooded the U.S. Supreme Court with legal briefs in support of five convicted Cuban spies, arguing the defendants were sandbagged from the start because the Miami trial took place in a city defined by decades of anti-Castro fervor.
A dozen amicus briefs focus mainly on U.S. District Judge Joan Lenard’s denial of a defense motion to move the trial 25 miles north to Fort Lauderdale.
Her refusal "guaranteed that jurors would be drawn from a cross-section of a community inflamed by passion, warped by prejudice, awed by violence and menaced by the virulence of public opinion," according to a petitions filed by the Civil Rights Clinic at Howard University School of Law in Washington.
The Howard brief has particularly offended the Cuban-American community, said Roland Sanchez-Medina, president of the Cuban American Bar Association. If the Supreme Court decides to hear the case, he said his organization would respond with an amicus brief of its own.
"They obvious did zero actual research to do with anything about the Cuban-American community," he said. "It’s unbelievably inflammatory, ignorant and completely baseless."
Supreme Court stud Tom Goldstein is heading up the Supreme Court litigation for the five:
Tom Goldstein of Akin Gump Strauss Hauer & Feld in Washington, who is handling the Supreme Court appeal for the convicted spies, noted support for the defendants has come "from people from all over the world."
Judge Lenard ruled anti-Castro hostility related "to events other than the espionage activities in which defendants were allegedly involved," and any partiality could be vetted during jury selection.
"This was a serious injustice, and it sent all the wrong signals to the world about our commitment to a fair and impartial trial," Goldstein said.
Interesting article, but Pacenti should have given a little more pub to Richard Klugh, who has been guy writing the legal papers throughout these proceedings.
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
Thursday, March 19, 2009
"Unequal Justice"
That's the title of this riveting Miami New Times piece about prison rape at the Miami FDC. We blogged on this issue before here. Below is the intro to the in depth article that is worth a read:
On the fifth floor of the Federal Detention Center in Miami, a short and stocky inmate stood sweeping the floor. Her name was Shonda Ross, and in her 32 years, she had seen the inside of more than a few prisons like this one — Tallahassee, Raleigh, and Danbury, Connecticut, among them. She had learned to survive in prison; she knew how to make friends with people who could protect her and get her the things she needed, such as the girlfriend in Tallahassee who smuggled in drugs from the back fence. But nothing prepared her for this place.
Built in 1995, the prison featured a Depression-era Art Deco exterior that was a cheery nod to South Beach, but other than that, everything was standard: a white-washed concrete shell for a room, a metal bunk with a thin mattress, a toilet made of steel. There were television sets in the common area, a rec room with Ping-Pong tables, and a place to smoke and get a bit of fresh air. But here in her room with the metal door shut, she was blocked off from all of that. She couldn't hear the traffic humming outside on NE Fifth Street; she couldn't feel the muggy summer heat or hear the music from cars going to the beach. She was sealed off, a stark fluorescent bulb above her, alone with her thoughts.
She churned her broom, picking up dust bunnies off the gray linoleum floor. She was an attractive woman, with disarming, fawn-like brown eyes that had attracted both men and women. The name of one lover decorated her right arm; a tiny red heart adorned her left breast.
She heard the door click open. Through the reflection of the stainless-steel plate that served as her mirror, she could see the figure of a large black man entering her cell.
He sported the uniform of a federal corrections officer: crisp white button-down shirt, neatly pressed gray slacks, sharp black tie, and shiny black shoes. He stood five-foot-nine — four inches taller than her — and carried 200 pounds of taut, sinewy muscle. She recognized him right away. He'd been here before, and every time it was the same thing.
As he moved closer, she could feel his hot breath on her neck. He unbuttoned her jumpsuit, pulled it off her soft shoulders, and let the red cotton garment fall to the floor. He led her to the bottom bunk and sat her down. He didn't have to say anything. They both know why he was there. She leaned back, closed her eyes, and waited for it to end.
On the fifth floor of the Federal Detention Center in Miami, a short and stocky inmate stood sweeping the floor. Her name was Shonda Ross, and in her 32 years, she had seen the inside of more than a few prisons like this one — Tallahassee, Raleigh, and Danbury, Connecticut, among them. She had learned to survive in prison; she knew how to make friends with people who could protect her and get her the things she needed, such as the girlfriend in Tallahassee who smuggled in drugs from the back fence. But nothing prepared her for this place.
Built in 1995, the prison featured a Depression-era Art Deco exterior that was a cheery nod to South Beach, but other than that, everything was standard: a white-washed concrete shell for a room, a metal bunk with a thin mattress, a toilet made of steel. There were television sets in the common area, a rec room with Ping-Pong tables, and a place to smoke and get a bit of fresh air. But here in her room with the metal door shut, she was blocked off from all of that. She couldn't hear the traffic humming outside on NE Fifth Street; she couldn't feel the muggy summer heat or hear the music from cars going to the beach. She was sealed off, a stark fluorescent bulb above her, alone with her thoughts.
She churned her broom, picking up dust bunnies off the gray linoleum floor. She was an attractive woman, with disarming, fawn-like brown eyes that had attracted both men and women. The name of one lover decorated her right arm; a tiny red heart adorned her left breast.
She heard the door click open. Through the reflection of the stainless-steel plate that served as her mirror, she could see the figure of a large black man entering her cell.
He sported the uniform of a federal corrections officer: crisp white button-down shirt, neatly pressed gray slacks, sharp black tie, and shiny black shoes. He stood five-foot-nine — four inches taller than her — and carried 200 pounds of taut, sinewy muscle. She recognized him right away. He'd been here before, and every time it was the same thing.
As he moved closer, she could feel his hot breath on her neck. He unbuttoned her jumpsuit, pulled it off her soft shoulders, and let the red cotton garment fall to the floor. He led her to the bottom bunk and sat her down. He didn't have to say anything. They both know why he was there. She leaned back, closed her eyes, and waited for it to end.
Wednesday, March 18, 2009
Judge Graham to receive prestigious award
Congrats to Judge Donald Graham who is receiving the William M. Hoeveler Award for ethics and leadership in the legal profession from the University of Miami School of Law Center for Ethics & Public Service. The reception is at 4pm on March 25th and the ceremony is at 4:30. If you are interested in attending, please RSVP to Susan Nelson at 305-284-3934.
Tuesday, March 17, 2009
Google Mistrial
The NY Times has an article about the mistrial in Judge Zloch's courtroom last week after jurors did internet research:
Last week, a juror in a big federal drug trial in Florida admitted to the judge that he had been doing research on the case on the Internet, directly violating the judge’s instructions and centuries of legal rules. But when the judge questioned the rest of the jury, he got an even bigger shock.
Eight other jurors had been doing the same thing. The federal judge, William J. Zloch, had no choice but to declare a mistrial, wasting eight weeks of work by federal prosecutors and defense lawyers.
“We were stunned,” said the defense lawyer, Peter Raben, who was told by the jury that he was on the verge of winning the case. “It’s the first time modern technology struck us in that fashion, and it hit us right over the head.”
It might be called a Google mistrial. The use of BlackBerrys and iPhones by jurors gathering and sending out information about cases is wreaking havoc on trials around the country, upending deliberations and infuriating judges.
Anything judges can do to make sure jurors don't hop on the internet, or is this going to happen in every case?
Last week, a juror in a big federal drug trial in Florida admitted to the judge that he had been doing research on the case on the Internet, directly violating the judge’s instructions and centuries of legal rules. But when the judge questioned the rest of the jury, he got an even bigger shock.
Eight other jurors had been doing the same thing. The federal judge, William J. Zloch, had no choice but to declare a mistrial, wasting eight weeks of work by federal prosecutors and defense lawyers.
“We were stunned,” said the defense lawyer, Peter Raben, who was told by the jury that he was on the verge of winning the case. “It’s the first time modern technology struck us in that fashion, and it hit us right over the head.”
It might be called a Google mistrial. The use of BlackBerrys and iPhones by jurors gathering and sending out information about cases is wreaking havoc on trials around the country, upending deliberations and infuriating judges.
Anything judges can do to make sure jurors don't hop on the internet, or is this going to happen in every case?
Judges dispute goes public
Many of you have seen on the email rounds the Zloch-Moreno memos that went back and forth. We made the decision not to blog about it for the reasons Judge Palermo articulated in this Julie Kay article. But now that it's in the DBR, we post the article for your review. I am in Court this morning, so I will have more soon.
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