Tuesday, May 10, 2016

No bond for temple bomber

Temple bomber may not be the best way to describe the case... We need a better name for this case like we had for the Liberty City Seven matter.  Any ideas?

In the meantime, Paula McMahon covers the bond hearing:
The Broward man accused of plotting to bomb a Jewish synagogue and school in Aventura will remain jailed until the case against him is decided, a judge ruled Tuesday.
James Medina, 40, of Hollywood, is a flight risk and danger to the community, U.S. Magistrate Judge Andrea Simonton ordered after a hearing in federal court in Miami.
Medina was unemployed, homeless, squatting in an abandoned building in Hollywood, and has a very long history of mental health problems that led to him being involuntarily committed for psychiatric treatment at least twice, Assistant Federal Public Defender Joaquin Padilla said in court.
Padilla said he was "not minimizing" the alleged criminal violence that FBI agents recorded Medina planning.
But the lawyer said Medina is not a "homegrown terrorist" or a person who became "radicalized" overseas. He said Medina has been out of work and has no health insurance and his unspecified mental health problems date back to childhood and have gone untreated for a long time.
"The agents could have gotten Mr. Medina to do anything," Padilla said, arguing that Medina was susceptible to suggestion because of his psychiatric problems.

In other news, Transition is having its big event this Thursday night in which they are honoring District Judge Kathy Williams, State Judge Milton Hirsch, and Murray Greenberg.

Monday, May 09, 2016

11th Circuit conference ends badly

It was the big 11th Circuit conference in Alabama last week, with all of the judges in the Circuit attending.  And the Circuit Justice -- Justice Clarence Thomas -- was there giving the keynote.  But during his speech, Judge Merryday collapsed and had to be rushed out.  The Daily Report has more:
A medical emergency in the back of the room abruptly ended a question and answer program with U.S. Supreme Court Justice Clarence Thomas at the U.S. Court of Appeals Eleventh Circuit Judicial Conference late Friday.
Thomas was starting to talk about legal opinions on bankruptcy law--saying he worries about challenges facing the judges he had been talking with during the conference --but he never got to finish his sentence. The crowd in the back corner of the ballroom at the Grand Hotel Conference Center began to move and people began saying, "Call 911."
Chief Judge Steven Merryday of the U.S. District Court for the Middle District of Florida had collapsed and fallen to the floor. Agents from the U.S. Marshal's office and hotel security staff immediately came to his aid while they waited for an ambulance to arrive. Thomas waited on stage with University of Georgia Law School Dean Peter "Bo" Rutledge, who had been asking the questions of the justice, and Eleventh Circuit Chief Judge Ed Carnes, who had made the introductions.
They were about halfway through their planned one hour and five minute presentation, after which Carnes was scheduled for 15 minutes of closing remarks.
Soon the marshals gave an order to clear the room and keep a clear path to the door. Hotel staff directed the attendees toward a hallway and a sunny, breezy terrace beside Mobile Bay.
An ambulance arrived within minutes. Emergency responders began speaking to the judge, asking him questions and trying to prompt a response. They asked him to smile if he could understand them. Merryday was conscious and stood for a moment with help before being secured onto a stretcher and moved to the waiting ambulance to drive to a hospital in nearby Fairhope.
Judges and lawyers waiting in the hallway expressed their hope and prayers for the judge's recovery. Some said they were initially afraid they were being attacked when they heard the commotion and a call for 911.
Carnes decided not to reconvene the meeting, which was scheduled to end at 5 p.m. and had run like clockwork for two days. The 160 judges and 300 lawyers in attendance slowly began to leave. Shortly after 5 p.m. Carnes received a phone call, after which he announced to the few still gathered in the hallway that Merryday was at the hospital and in stable condition. His wife had been contacted by a friend and neighbor who is married to another judge attending the conference.
UPDATE -- According to online reports, Judge Merryday is okay.

Thursday, May 05, 2016

Is Aventura bomber mentally ill?

From Paula McMahon:
The bond hearing for a Hollywood man accused of planning to bomb an Aventura synagogue has been postponed to Tuesday.
James Gonzalo Medina, 40, is accused of attempted use of a weapon of mass destruction — a dummy bomb he received from a man who was working under cover with the FBI. If convicted, he could face life in federal prison.
***
Gladys Jaramillo, 38, told the Sun Sentinel in a phone interview that Medina is her cousin and that he has suffered from serious mental health problems since he suffered head injuries and was in a coma following a serious car accident some years ago.
"He used to be a normal person but he had a big accident and we thought he was going to die," said Jaramillo, who said she is a teacher and lives in the Bronx. "He has had mental problems since he got in that accident."

Wednesday, May 04, 2016

May the 4th be with you! (UPDATED)



Happy Star Wars Day!

Judge Rosenbaum has an interesting opinion about a bad cop here.  From the intro:
Defendant-Appellant Timothy Filbeck was a lieutenant with the Butts County Sheriff’s Office. When his house was foreclosed upon, he, like anyone else who has been through foreclosure, had certain options available to him. But arresting the new owner’s agents, Plaintiffs-Appellees David Carter, Clayton Graham, Jr., and Mitchell Webster (collectively, “Plaintiffs”), who were lawfully performing their jobs, was not one of them. And neither was ordering Plaintiffs handcuffed and thrown in jail overnight. We think that should go without saying. Yet Filbeck did these things, anyway. Now Filbeck tries to convince us that he is immune from suit. We are not persuaded. Being a law-enforcement officer is not a license to break the law. And it is certainly not a shield behind which Filbeck may abuse his power with impunity.

UPDATE --  Judge William Pryor has issued another pro-defendant opinion, this time for a pro-se serial filer:
This appeal presents a question of first impression about the “three strikes”
provision of the Prison Litigation Reform Act, which ordinarily denies in forma
pauperis status to a prisoner who “on 3 or more prior occasions” brought a federal
action or appeal that “was dismissed on the grounds that it is frivolous, malicious,
or fails to state a claim upon which relief may be granted,” 28 U.S.C. § 1915(g).
Waseem Daker is a state prisoner and a serial litigator in federal courts. Daker has
submitted over a thousand pro se filings in over a hundred actions and appeals in at
least nine different federal courts.
In this lawsuit, the district court denied Daker’s
petition to proceed in forma pauperis because it concluded that he had six strikes
under the Act. Two of Daker’s earlier filings were dismissed for lack of
jurisdiction, and the other four were dismissed for want of prosecution. In three of
the four dismissals for want of prosecution, a judge of this Court determined that
Daker could not proceed in forma pauperis because his filings were frivolous. But
a single circuit judge cannot dismiss an action or appeal, Fed. R. App. P. 27(c);
instead, panels of this Court dismissed Daker’s filings because he failed to pay the
filing fee, 11th Cir. R. 42-1(b). Although Daker is a serial litigant who has clogged
the federal courts with frivolous litigation, we must follow the text of the Act,
which does not classify his six prior dismissals for lack of jurisdiction and want of
prosecution as strikes.
We vacate the dismissal of Daker’s complaint and remand
for further proceedings.

Monday, May 02, 2016

FBI stops plot to bomb Aventura temple (update)

Mag court should be interesting today. Judge Turnoff is presiding. The Herald has more here:
A Hollywood man was arrested Friday night by FBI agents while he was attempting to carry out an explosive attack on an Aventura synagogue, according to officials.
Juan Medina is accused of plotting with confidential FBI sources in an attempt to blow up the Aventura Turnberry Jewish Center, 20400 NE 30th Ave., during services on Friday.
Medina was held in the Federal Detention Center in downtown Miami over the weekend and is expected to have his first appearance Monday afternoon in magistrate court.
He is expected to be charged with a weapons of mass destruction offense.
He was portrayed by law enforcement officials as being anti-Semitic, and that might have been be a factor in his motivation to carry out the deadly plot.


UPDATE -- well, the mag appearance was indeed interesting.  From the Sun-Sentinel:

The suspect seemed to want to make a speech in court but was shut down by U.S. Magistrate Judge William Turnoff.
"I've got a few words of my own. ... My name is James Medina, aka James Mohammed," he told the judge.
***
On Monday, the judge ordered Medina will remain locked up at least until a detention hearing Thursday morning where the prosecution and defense can make their arguments.
Medina said in court that he is out of work, divorced and has no significant assets. The judge appointed the Federal Public Defender's Office to represent him. Office policy prohibits assistant federal public defenders from commenting on pending cases.


Read more here: http://www.miamiherald.com/news/local/community/miami-dade/aventura/article75089722.html#storylink=cpy