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
Tuesday, November 06, 2007
District news and notes
2. Mike Mayo on the upcoming Ken Jenne sentencing.
3. Liberty City 7 defense starts up, via the AP's Curt Anderson.
4. Buzzzz off; litigation over the Bee Movie Slogan in Ft. Lauderdale, by Vanessa Blum, Sun-Sentinel.
Monday, November 05, 2007
WSJ blog interviews Rick Diaz
I particularly liked this question and answer:
Was there ever a doubt that you were going to hand the case over to someone else?
I then got calls from all over the country from lawyers who called themselves First Amendment advocates. Some graciously offered help, others aggressively tried to take the case away from me. One lawyer accused me of not being an appellate advocate and threatened to contact my client and directly to solicit the case from him. So I wrote to Mr. Williams and I honestly told him that I was neither an appellate advocate nor a First Amendment expert but asked him what he wanted me to do. He essentially told me, “I’ve known you for 20 years as a street cop and I’ve seen you work in the federal court building for over 10 years. There’s nobody I want arguing my case in front of the Supreme Court except you.”
Monday Morning Blogging
Anything new going on in the District? Email me with some tips.
There are two important lunches in the next two weeks.
First, the Anti-Defamation League is honoring my former boss, Edward Davis, and H.T. Smith. Professor Alan Dershowitz is the keynote speaker.
And next Wednesday, November 14, the Federal Bar Association will be honored with Eleventh Circuit Judges Rosemary Barkett and Stanley Marcus. They will be answering your questions, so please come prepared.
Friday, November 02, 2007
Government rests in Liberty City 7 case
Here's Jay Weaver's article.
And here's Curt Anderson's about the Rule 29 hearing.
This trial is moving much faster than everyone anticipated....
Wednesday, October 31, 2007
News and Notes
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."
Tuesday, October 30, 2007
Oral argument transcript from the Supreme Court
Rick Diaz and Lou Guerra to Washington
Initially Judge Middlebrooks denied Diaz & Guerra's motion to dismiss. The 11th Circuit reversed. And the High Court granted cert.
Go get em Rick and Lou.
Sunday, October 28, 2007
Should Liberty City 7 jury hear from "radicalization" expert?
The federal government's leading expert witness in its terrorism case against seven Miami men will take the stand this week to answer what may be the most pressing question facing law enforcement since the Sept. 11, 2001, attacks: How do ordinary individuals become terrorists?
In what will be the first testimony of its kind in a U.S. terrorism trial, Raymond Tanter is expected to tell jurors that most would-be terrorists start off as unremarkable individuals seeking a sense of belonging and purpose within an extremist group.Prosecutors want Tanter, a political science professor at Georgetown University, to tell jurors the seven defendants accused of plotting to bomb the Sears Tower in Chicago fit that profile and were on a path likely to end in violence.
Tanter's testimony is based on a theory called the radicalization process. It is important to the government's case because the defendants — who have no Middle Eastern roots, mostly grew up in South Florida and practiced a blend of religions — may not fit jurors' notions about terrorists.Defense lawyers tried unsuccessfully to block Tanter from testifying, describing his theories as unscientific and too new to be considered reliable.
Thursday, October 25, 2007
Say hello to my little friend
"It's possible not everything is accurate," Assad said.
Wednesday, October 24, 2007
Broward state court
To his credit, the prosecutor said the comments were inappropriate. And to the judge's credit, he immediately (and repeatedly) apologized.**
This is the great benefit of blogs -- and the big trouble with them. Stupid comments like this have been going on for a very long time. They obviously aren't right, but blogs make the reaction angrier and more volatile than probably necessary.
I agree with Rumpole that Levenson should be forgiven. (I took out my comment about the PD because it wasn't his client that he was talking about. Obviously still inappropriate, but not in the same way.)
*I have to justify the post on the "federal blog" or Rumpole gets all upset.
**We previously have commented on Judge Levenson's good acts as judge here.
Tuesday, October 23, 2007
No bond for the Joe Cool defendants
"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) "
Restaveks in Federal Court
Federal court documents paint a grim picture of a slave-like life for Simone Celestin -- 15-hour work days, seven days a week, no schooling and no freedom. An orphan smuggled into Miami from Haiti at age 14, she lived in a Southwest Miami home for almost six years, fearful of being deported, under conditions that amounted to involuntary servitude, prosecutors say.
Looks like an interesting case, which is headed to trial:
Four people -- a mother, two daughters and one ex-husband of a daughter -- were indicted in connection with the case in April. Charges include human trafficking and forced labor.
The indictment said Evelyn Theodore and her daughters, Maude Paulin and Claire Telasco, hit the girl with hands, fists and ''other objects'' to force her to work as a servant in their house in South Miami-Dade and in other houses.
''The prosecution of individuals involved in human trafficking is a top priority of the Justice Department,'' a U.S attorney's office statement said at the time of indictment.
The defense responds:
''These were well-intentioned people who had high hopes for improving Simone's future lifestyle,'' said Richard Dansoh, the Coral Gables lawyer defending Maude Paulin. ``They did not put any restrictions on her. They did try to advise her that, as she came of age, she needed to be careful about running around with men.''
As further proof, he cited a Miami-Dade police report showing that an anonymous abuse complaint lodged in 2000 was investigated at the home -- and determined to be unfounded.
The police report noted that the complaint involved the 14-year-old girl who reportedly had been ``smuggled into the country from Haiti and was being forced to work in the home as a maid.''
The report said a state investigator found the child to be in good health, that she spoke only Creole and there were ''no signs of child abuse/neglect.'' The report also noted that police had notified immigration officials about a ``possible illegal immigrant.''
"Lawyers for Liberty City 7 having tough time"
A couple of exchanges from the article between Ana Jhones (the lawyer for the lead defendant) and the informant:
"It's all about the money, isn't it?" Jhones asked aggressively.
"No, ma'am," Assad answered calmly. "There is a list, too."
"If I remember, I never promised him anything," he continued. "I only promised I would give the list to my big brother."
The FBI informant then lost touch with Batiste for one month.
Batiste and his followers in the local branch of the Moorish Science Temple -- a religion that combines Muslim, Christian and Jewish faiths -- began to suspect that Assad was working undercover for law enforcement. They also had their doubts about the other FBI informant, al-Saidi.
In late January 2006, a few of Batiste's men met the two informants at the group's warehouse in Liberty City, changed their clothes and drove them to Islamorada.
There, inside a tent, Assad and al-Saidi met with Batiste in a tense confrontation. Assad salvaged the FBI's undercover probe when he blurted out to Batiste that he was a representative of al Qaeda, winning his trust again. Assad was allowed to keep his cellphone, which recorded the conversation.
"You're doing all the talking," Jhones told Assad on the witness stand.
The lawyer reiterated that Batiste said his group was "suffering" because it lacked money, suggesting he was only trying to con the informant for big bucks.
"He doesn't say he needs the money because he hates the United States," Jhones said on cross-examination.
But Assad fired back: "He says he needs the money to destroy the United States."
The informant only gave Batiste and his followers boots, supplied by the FBI. Assad later offered to provide them with a second warehouse in Miami, where they could plan their alleged terror mission.
Monday, October 22, 2007
Monday Morning Blogging
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.
Friday, October 19, 2007
Federal Bar Association dinner
Our first luncheon will be in mid-November. Judges Barkett and Marcus will be speaking. More info to follow...
Wednesday, October 17, 2007
Three Liberty City 7 jurors dismissed
U.S. District Judge Joan Lenard ruled after spending hours questioning jurors about a pamphlet on terrorism found in the jury room Monday. Miami police officers handed out the pamphlets last week at Metrorail stations, and the jurors who were dismissed said they had read or skimmed it.
One of the dismissed jurors said he considered it an "interesting coincidence" that he was handed a pamphlet about terrorism at the Government Center Metrorail Station as he made his way to court for a terrorism trial. The man said he brought the flier into the jury room after receiving it.
The pamphlet's cover features a police shield and the word "terrorism" in bold, capital letters. A police representative said the distribution, part of a program to alert the public to terrorist threats, was unrelated to the trial.
All but two of the 12 jurors and six alternates said they had seen a copy in the jury room and noticed it pertained to terrorism. To defense lawyers, that alone was enough to warrant a mistrial.
"To have that in the jury room in this type of trial, I think it's outrageous," said Roderick Vereen, who represents Stanley Phanor, 32.
Other defense lawyers weren't so happy with the jurors being dismissed:
Lawyers for every defendant but Batiste requested a mistrial based on the pamphlet, which includes a watch list of seven "signs of terrorism" and descriptions of deadly materials that could be used by terrorists.
Lenard denied the mistrial motions. However, she excused the three members of the jury panel who said they had read the brochure, explaining she was acting in "an abundance of caution."
Ana Jhones, who represents Batiste, protested Lenard's decision, saying her client had never complained about the pamphlet. "He is now faced with the consequences that he is not going to have the jury he has selected," she said.
Albert Levin, Abraham's attorney, and Joel DeFabio, Lemorin's attorney, also opposed dismissing the jurors.
Ah, the joys of trial. Crazy things always happen, don't they?
Monday, October 15, 2007
Jeff Sloman -- new Broward Sheriff?
There's a new applicant to be interim Broward County sheriff -- a high-ranking federal prosecutor who was involved in the investigation that ousted former Sheriff Ken Jenne.
Jeff Sloman, the No. 2 official in the U.S. Attorney's Office for the Southern District of Florida, was interviewed by Gov. Charlie Crist at 1 p.m. Monday in Tallahassee.Sloman's application for the job was received on Saturday, said Anthony De Luise, a spokesman for the Governor's Office.
That was quick -- application gets in on Saturday, interview on Monday. Looks like Mr. Sloman will be Sheriff Sloman. He would be great...
Mold and explosions
He has inherited two big problems -- he has to deal with mold in the old Dyer Building and a recent explosion in the new Ferguson Building. The over on the January 1, 2008 opening is looking pretty good right now.
Julie Kay details in the DBR today (yes, I thought she had left too) that Ervin Gonzalez is investigating the mold issue in the Dyer Building that we covered previously here. And she goes through some of the issues with the new building, including a recent explosion that has disabled the electrical system. (It was supposed to open in July 2005 and is $78 million over budget!) The good news is that a certificate of occupancy has been issued for the building.
Friday, October 12, 2007
"Nothing short of brilliant"
Analysis of the opinion here by new (and anonymous) blogger, "South Florida Lawyers".
Thursday, October 11, 2007
Joe Cool charges -- First Degree Murder
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.''
Wednesday, October 10, 2007
I work at Hunton & Williams Miami; hear me roar
Because the picture is of Hunton lawyers and because of the caption, I read the article looking for the creative ways the firm is appealing to its women lawyers. But this is the only mention in the article:
Firms are trying to reverse the trend as clients demand diverse legal teams. Most big firms offer part-time options, flex scheduling and women's retention/advancement programs aimed at keeping their young female lawyers.
Grace Mora, a Miami labor lawyer, participates in Hunton & Williams' Women's Networking Forum. She believes her firm is moving in the right direction. ''I think it takes time to get the word out there. '' She also believes flex scheduling is evolving from a perk to becoming part of the firm's culture. ''We're not 100 percent there, but we are moving in that direction.'' But Mora says it's not just women who want it, ``men are demanding it too.''
Ah well.... At least the picture is cool.
The article does detail the drop of women applicants to law schools:
Since 2002, the percentage of women in law schools has declined each year, a new study shows. While the number of applicants overall has dropped in the past two years, the percentage decline in the number of women has been even greater, according to the American Bar Association.
What say you, Miami readers -- are there any firms doing cool things to keep women lawyers?
Tuesday, October 09, 2007
The Jack Thompson hearing (by Jack Thompson)
Well, all I have on the Jack Thompson hearing today in front of Judge Jordan is (what purports to be) Jack Thompson's summary of the hearing posted on GamePolitics here:
I’m delighted to announce that Judge Jordan vacated his order regarding referring me to the disciplinary committee, and he decided to forego all disciplinary remedies.
The judge started out by suggesting that he did not feel comfortable doing so unless I admitted I had done something wrong. I said I did nothing wrong and would not admit that I did. He asked, “Then how do I know you won’t do it again.”
I pointed out to him that Christ said, “Render unto Caesar what is Caesar and unto God what is God’s.” Christ, then, was making it clear that people of faith are not free to disobey civil authority, and if he now entered a court order for me not to do this, then I would not, as Christians are not free to disobey the law without consequences. But I told him he could not order me to say I did something wrong, because as a matter of conscience I could not do so.
That obviously satisfied him, and he voided out the entire disciplinary matter. Norm Kent was there, which was hilarious, having moved the court last night at 10:30 pm to let him “intervene” and appear before the disciplinary committee against me. Poor Norm, he went away from the hearing sad.
As to the Bar’s motion to dismiss, the judge will rule in two weeks. I expect to receive from the court certain federal relief against this Bar. You all don’t know the case, and I do. Norm Kent, who is now unofficial legal consultatnt to Dennis McCauley as to all things “Jack” smugly predicted here and elsewhere that this disciplinary blow by Judge Jordan was sure to unravel everything for me.’
Now the disciplinary matter does not even exist. How did that prediction turn out for Norm and Dennis?
Kids, leave the lawyering to lawyers. I’ll leave the mind numbing games to you all.
I had a great day, standing before a federal judge for a 2 hour and 45 minute hearing, and I did just fine. Even Norm Kent would have to admit that.
Besides, Norm is a Yankee fan, and grew up in Cleveland. I’m having a very good 24 hours. Jack Thompson, Attorney and You’re Not
UPDATED -- GamePolitics has more on the hearing here.
Monday, October 08, 2007
Paul Rashkind goes to Guantanamo
Friday, October 05, 2007
Good luck to Julie Kay
Good luck Julie.
Thursday, October 04, 2007
Judge Jordan and Jack Thompson
In an order issued late yesterday, Judge Jordan wrote:
In my opinion, the content of the numerous filings submitted by Mr. Thompson
indicate that he has difficulty separating the legal issues in this case from
broader social issues on which he has strongly-held beliefs. Mr. Thompson
unfortunately appears to believe that every act taken against him, and any
judicial ruling adverse to him, are part of a vast conspiracy designed to
silence him and destroy him.
Judge Jordan has scheduled a hearing for October 9th at 9:30 AM on motions by the defendants (the Florida Bar and Judge Dava Tunis, the referee in Thompson’s Bar disciplinary trial) to dismiss the case.
The judge will also hear from Thompson on a motion regarding the “show cause” order issued from the bench following Thompson’s inclusion of gay porn in a docket filing.
Hugo Black funeral
A memorial service for Hugo L. Black III will be held at Plymouth Congregational Church on Sunday, October 7, beginning at 2:00 p.m. A reception will follow in Davis Hall, also located on Plymouth's campus.
Plymouth Congregational Church
3400 Devon Road
Coconut Grove
www.plymouthmiami.com
There are some very nice comments about Hugo here.
Tuesday, October 02, 2007
Opening statements in Liberty City 7 case
''These defendants wanted to wage a jihad against the United States,'' Gregorie said. ''They tell us so in unique detail,'' he said, citing wiretaps, videotapes and other FBI surveillances.
''This agreement is clear, ladies and gentlemen,'' he said. ``It's taped recorded and you are there.''
Ana Jhones for the lead defendant countered (from the AP):
Batiste attorney Ana M. Jhones countered that the purported plot was driven mainly by two paid FBI informants, including one known as Mohammed who posed as a representative of al-Qaida. She said Batiste's group was coerced into going along with the violent plan by "this great con man," who was paid about $80,000 by the FBI.
"This case is about an orchestrated event, a play," Jhones said. "These two informants knew how to work the system. They wrote the script."
***
"He never had any intent to do any of these things the government is accusing him of. He never had the ability," Jhones said. "Narseal Batiste was talking the talk and walking the walk."
And Rod Vereen for defendant Stanley Phanor (from the Sun-Sentinel):
"[Vereen] said the only possible outcome for his client should be a not guilty vote. 'This is a case where nonsense meets common sense,' Vereen said.
No bond for the Joe Cool defendants
News and Notes
Monday, October 01, 2007
Sunday, September 30, 2007
AUSA Hugo Black III passed away this weekend
I saw Hugo recently and he appeared to be in good health and good spirits; this is a shock.
As the person who emailed me with this sad news said, "Hugo was one of the good ones. He was thoughtful, hardworking, fair, and a complete gentleman. He never spoke ill of anyone, was diligent in his work, and a good friend to his colleagues. Those who had the pleasure of working with him in the District I suspect came away with the same impression."
I couldn't say it better myself. I've worked with Hugo on a number of cases and he was exactly what a prosecutor should be -- fair and open-minded. He was always quick to say hello and ask how you were doing. He liked talking about his cases and he really loved the camaraderie in the U.S. Attorney's office.
Hugo was the grandson of the great Justice with the same name.
This is really sad news. I am going to open up the comments section to allow you to post your memories of Hugo, and I will post the funeral arrangements as soon as I hear of them.
UPDATED -- here is the obit, written by Jay Weaver, which includes the funeral arrangements:
Hugo L. Black III, a highly regarded Miami federal prosecutor and grandson of a former U.S. Supreme Court justice, died Saturday. He was 54.
Black died unexpectedly from gastrointestinal bleeding at his home in Coconut Grove, according to colleagues at the U.S. Attorney's Office.
''One of our dearest colleagues passed away on Saturday,'' said Eric Bustillo, chief of the office's economic and environmental crimes section.
``We're all very saddened by Hugo's death. He was an outstanding lawyer and an incredible guy.''
Black grew up in Miami, graduating from Palmetto High School and Yale University.
He obtained his law degree from Stanford University and clerked for the Fifth U.S. Circuit Court of Appeals.
He later became a partner with a Los Angeles firm that specialized in entertainment law.
But he yearned to return home to Miami and in 1995 joined the U.S. Attorney's Office in South Florida, Bustillo said. He prosecuted major white collar fraud cases in the healthcare, banking and securities industries.
''He was one of our most valued lawyers,'' said First Assistant U.S. Attorney Jeffrey Sloman.
Black is survived by his wife, Jeannine Black; his father, lawyer Hugo L. Black Jr. of Miami; his sisters, Elizabeth Black of Australia and Margaret Black of California.
The family is holding a memorial service at Plymouth Congregational Church in Coconut Grove at 2 p.m. Sunday.
Friday, September 28, 2007
The criminal complaints in the Joe Cool case
And here's the complaint for Guillermo Zarabozo. He's charged with making false statements about pirates and not recognizing the Joe Cool.
We'll find out more about the case at the bond hearing on Tuesday.
News and notes
Opening statements start Tuesday.
Also Tuesday is the bond hearing in the ghost ship Joe Cool case. We'll find out a lot more about the government's case then. Federal defender's office represents one. The other - Allan Kaiser, former AUSA who was appointed.
Thursday, September 27, 2007
How to make a federal judge really angry
According to GamePolitics (hat tip: Above the Law):
Jack Thompson criticized the Bar for allegedly collaborating with Norm Kent, a criminal defense attorney from Fort Lauderdale. Thompson and Kent have a contentious legal history dating back nearly two decades. From Thompson’s motion:
The Bar’s demonstrable mindset is that the “enemy of my enemy is my friend,” as indicated by The Bar’s enthusiastic, recidivist collaboration with Mr. Kent, over a twenty year period, at Thompson’s expense. Lunacy proceedings have been sought and secured, Bar complaints have recently been maintained for nearly three years.
Kent, who publishes the National Gay News website, was criticized by Thompson in last week’s court filing for “distribution of hardcore porn to anyone of any age.” Not content to make that alleged point in writing, Thompson attached several gay porn pictures to his motion with Judge Jordan. The pictures apparently do not come directly from the National Gay News site, but rather are contained on sites linked from NGN’s adult links section.
In any case, His Honor was not amused.
In an order issued on Monday, Judge Jordan directed Thompson to show cause as to why he should not face sanctions, including possible contempt charges. Judge Jordan wrote:
The attached exhibit, which includes several graphic images of oral and genital sex between adult males, was filed electronically in the docket in this case, without prior permission from the court…
To the extent that the other attorney’s alleged conduct is in any way relevant… there was no need for Mr. Thompson to file these graphic images in the public record. A simple reference to the website and its alleged links would have sufficed…
Through his actions, Mr. Thompson made available for unlimited public viewing, on the court’s docketing system, these graphic images.
For this reason, by October 5, 2007, Mr. Thompson shall show cause why this incident should not be referred to the court’s Ad Hoc Committee on Attorney Admissions, Peer Review, and Attorney Grievance for appropriate action.
Thompson has filed a bunch of responses (right now the number is up to 4) to Jordan. Here's a classic, referring to himself in the third person no less:
To hold Thompson in contempt for alerting the federal court system to the criminal activity… is akin to arresting Paul Revere, in 1775, for “disturbing the peace” with his midnight ride…
Ah, the midnight ride of Jack Thompson.... There is so much material here, I'm not sure where to begin.........
Wednesday, September 26, 2007
Joe Cool mystery
On Tuesday, Kirby Archer, 35, and Guillermo Zarabozo, 19, were charged, respectively, with unlawful flight to avoid prosecution and making a false statement to a federal agent, according to FBI spokeswoman Judy Orihuela. The men had been questioned by agents since they were plucked from a life raft Monday morning.
Here's the AP article, which details some of the criminal complaint:
According to an FBI affidavit, Zarabozo initially claimed to his Coast Guard rescuers that "unknown subjects" had hijacked the boat, shot and killed the four crew members and then ordered Zarabozo to throw the bodies into the sea. Zarabozo later told the FBI he had never been on the "Joe Cool," even though his state identification card was found on the boat.
The affidavit also says that a substance appearing to be blood was found on the stern of the boat, along with six marijuana cigarettes, a laptop computer, luggage, clothes and a cell phone.
Archer, the affidavit said, admitted that he was a fugitive and knew that he could not travel by air.
Both men were being held without bail at a federal detention center in Miami.
And the Herald article here.
Tuesday, September 25, 2007
Sorry about my rant the other day...
But if you thought I was bad, check this out:
Monday, September 24, 2007
National news
1. John Paul Stevens is interviewed. (NY Times; Hat tip Rumpole). This is a fantastic article. One quote from the Justice who spends a ton of time in this District: “I don’t think of myself as a liberal at all. I think as part of my general politics, I’m pretty darn conservative.” He also explained this funny story:
Stevens also distinguished himself as the only justice to spend a substantial part of each Supreme Court term away from Washington. He and his wife have a condominium in Fort Lauderdale, Fla., and they spend two weeks a month there from November through April. ...“I do much more work in Florida than I do here,” Stevens told me, looking contented. He sometimes reads briefs on the beach. “One of my favorite memories is the time I was sitting” on the Supreme Court bench in Washington just after returning from Florida, he recalled. “I shook the sand out of the brief!”
2 . The job market isn't so great for law grads (WSJ; Hat tip WSJ blog)
3. District Judge Paul Cassell has resigned. (Sentencing Law & Policy)
West Palm movers
Sunday, September 23, 2007
Blog change
During the past week, a number of comments (on this blog and others) and posts on other blogs have made it not so fun. I can't control other blogs and their comments, although I have tried to get the offending blogger to delete his inappropriate post. I even deleted the post about which he was commenting, but he now is linking to the cached page from Google, which I cannot control.
But I can control this blog's comments. I have changed the blog so that you cannot post anonymously anymore. I will delete any mean comment or any comment which I feel is inappropriate.
Anyway, sorry for this post -- but I feel strongly that the blog shouldn't be used to make people feel bad.
Friday, September 21, 2007
Friday afternoon fun
hat tips -- Wall Street Journal Blog and Above the Law.
Wednesday, September 19, 2007
District news
2. The Liberty City 7 case is underway. Again, lots of news stories about the jury selection and the start of the trial. Props to Judge Lenard for conducting a thorough voir dire. It looks like it will take a couple weeks to pick the jury in this case. That is appropriate considering the type of case it is and the press that has come with the case.
3. Last night Milton Hirsch had a constitution day party at his office. Here's the Joan Fleischman column about it. The office was packed with lawyers and judges. Federal judge sighting -- Judge Ungaro read the 15th Amendment, which states:
The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude.
I read the Fourth Amendment. Does anyone remember that one?
Monday, September 17, 2007
One down, one to go...
This is the trial involving seven guys from Liberty City who spoke to undercover officers about blowing up the Sears Tower in Chicago and other buildings in Miami. The government has described that group as "more aspirational than operational." Will their words and actions in this case be enough for conviction? How will the Jose Padilla trial sit in jurors' minds? Stay tuned -- same bat time, same bat channel.
Robles to take more time
If the government believes 10 years is just, how can it agree to this deal?
Sorry for the short and sloppy post. On the road today.
--David Oscar Markus
www.markuslaw.com
305-379-6667
Louis Robles to plead?
--David Oscar Markus
www.markuslaw.com
305-379-6667
Sunday, September 16, 2007
Another high profile trial to start this week
I'm sure both sides (defense -- Hector Flores; government -- Mike Davis and Luis Perez) were working hard this weekend, even though they had settled the case months ago. The problem is that the judge wouldn't accept the 10 year deal agreed on by the parties because he believed that the deal was too sweet for Robles, who turns 60 next year.
We've discussed this issue a number of times and we asked whether the government would simply dismiss the indictment and permit Robles to plead guilty to a 10 year count (or two five year counts). Well, it appears that the answer is no. So if Robles loses this trial, he will certainly appeal on this issue, and it looks like a good one.
So SDFLA readers, is this trial worth it? The government doesn't want it. The victims don't want it. The defense doesn't want it. The receiver doesn't want it. The trial will last about a month, costing the system six figures.
By the way, can you imagine if Robles walks?
Thursday, September 13, 2007
Clerk of Court to move in mid-November
Dear Friends:
Several weeks ago Chief Judge Moreno informed the District Judges of my interest in and pursuit of the Circuit Executive position in the Sixth Circuit. Earlier this week, following an interview with the Sixth Circuit Judicial Council, I was selected to succeed Jim Higgins as Circuit Executive upon his retirement later this year.
I discussed my interest in pursuing this position with Judges Moreno and Zloch last May, in the earliest stages in the application process, and I have kept Chief Judge Moreno apprised of my status in the selection process on a regular basis. This morning I informed Chief Judge Moreno of my selection and he wished me well, we had a brief discussion about planning for the transition process, and I assured him that I would work with the Court to provide for as seamless a transition as possible. In that regard, I may work closely with the committee chaired by Judge Lenard as a process for identifying a successor to the Clerk's position is outlined and implemented. I have not yet confirmed my start date with the Sixth Circuit, but I anticipate that I will commence my new duties in mid-November. Between now and then, I will likely have some limited travel to locations in the Sixth Circuit to participate in meetings with future implications for the Circuit.
My experiences these past eight years with the Southern District of Florida have enriched me personally and professionally, and I believe that we have accomplished a great deal together. I am grateful to you all for your support, understanding, and friendship, and it has been my privilege to have served and been a part of this great organization.
My most sincere thanks to you all for your support as well as my best wishes for your continuing success! cm
Clarence Maddox
Court Administrator - Clerk of Court
United States District Court for the
Southern District of Florida
301 N. Miami Avenue, Room 321
Miami, Florida 33128
(305) 523-5001
Thanks to a close friend of the blog for the tip. So, who should be the next clerk?
Wednesday, September 12, 2007
Sick (court)house
The intro:
Two studies performed at the historic David W. Dyer federal courthouse in downtown Miami show there are significant mold and air safety issues at one of Miami-Dade County’s oldest courthouses and suggest parts of the building are beyond repair.
The studies, which were obtained by the Daily Business Review, were commissioned by the U.S. District Court of the Southern District of Florida after U.S. Magistrate Judge Ted Klein became ill and died last year of a mysterious respiratory illness, and his fellow magistrate judges raised concerns about the building’s environment.
Employees believe that Judge Klein became sick and died because of the problem:
A healthy man who skied and jogged, Klein contracted a respiratory infection and died in September 2006. At the time, his family worried that something in the courthouse caused his illness. Shortly after Klein became ill, the court commissioned the first fungal contamination assessment, which was never made public. According to the report dated July 2006, “Magistrate Judge Theodore Klein has recently developed adverse health effects that could be attributed to exposure to molds. The assessment was performed to determine if fungal contamination was present in areas that he frequently occupies including his courtroom and his office areas.” The study showed fungal spores were present “in significant numbers” in samples. However, the study concluded these spores were not likely to cause health problems unless someone was in an immuno-compromised state. Still, the study recommended fungus on the plaster walls and courtroom wallpaper be removed. After Klein’s death, his courtroom was closed off and remains unused. His chambers are occupied by Magistrate Judge Edwin Torres, who recently transferred from Fort Lauderdale. “Why would they close off his courtroom if it’s not dangerous?” asked one employee who did not want to be identified. It is still not known what caused Klein’s illness because, in keeping with Jewish law, his body was not autopsied.
Chief Judge Moreno has taken steps to make sure employees are safe:
In an Aug. 27 memo, Chief Judge Federico A. Moreno said a new study is being commissioned by a company that performed mold remediation at the West Palm Beach federal courthouse. That courthouse, damaged by Hurricanes Jeanne and Frances, was closed for a year and a half while mold was removed.
“Our intention is to have the consultant review prior testing results, conduct additional on-site testing and then render conclusions about whether occupancy in limited areas of the building is likely to cause adverse health effects in occupants to a more serious degree than exposure to fungal levels,” Moreno said. “Please understand that I, who began his federal judicial service in the East Courtroom of the Old Courthouse, share your concern about your work environment in the Dyer Building.” Through a clerk, Moreno declined comment and said he preferred to let his memo speak for itself. In the memo, he encouraged any employees who have been in the “sealed document vault” — a basement area heavy with mold — to consult their doctors. Additionally, he mandated that no new sealed documents be taken to the basement, which is being “air-scrubbed,” and that anyone handling records coated with what appears to be mold use masks and gloves.
Read the whole memo from the Chief here.
The employees are understandably scared:
Klein is not the only federal employee in the building to fall sick. According to several courthouse sources, the law clerk for Magistrate Judge Barry L. Garber is very ill and has received permission to work at home. Garber declined to discuss the issue until the new study is completed. Another courtroom deputy who recently retired said she is very ill and recently had double pneumonia. “I’m scared to even go to my doctor to see what the heck is wrong,” she said. “They are keeping everything hush-hush,” said a judicial assistant who did not want to be identified. ”Everyone is scared. You don’t know how much your immune system can handle.” Another judicial assistant said she had no idea her chair was mold-infested until she saw a photo of it in the report, which labeled it “mold-infested.” She quickly found another chair in the office to use. Magistrate Judge Peter R. Palermo, who has worked in the Dyer Building for 37 years, is not sick but is concerned about his employees. “Who knows if there are health problems because of the mold,” he said. “We just want to know if it’s safe.” Palermo attended the Aug. 9 meeting held by representatives from Clerk of the Courts Clarence Maddox’s office to discuss the report. Neither Maddox nor Moreno or any other federal judge was present. However, Moreno has met with every employee to discuss the situation and is getting high marks for his concern. “He’s here in Miami and seems to care about us, whereas the previous chief judge was in Fort Lauderdale,” said one clerk.
Yikes.
Chief Judge Moreno is a people person and is a very practical judge -- he will do everything he can to fix this problem and make sure no one is subject to unhealthy conditions. I'm sure of that.
But I'm also sure that courthouse staff is wondering what the deal is with the brand new courthouse just sitting there. Why do they have to work in what they believe is an unsafe courthouse when a sparkling new one is built across the street. We need to sue those jokers who can't get the building ready to open. It's a bad joke already. The over/under is still January 1, 2008, but the smart money is on the over.