The attempted arrest ended in tragedy -- Pino's suicide. So should they have let him surrender as his lawyer offered? The Miami Herald has the competing narratives between U.S. Attorney Mark Lapointe and Pino's defense lawyer Sam Rabin.
The Government: If investigators knew that a gang member or organized crime leader, for example, was going to kill an “innocent bystander,” said Markenzy Lapointe, U.S. Attorney for the Southern District of Florida, “we would show up and arrest them. And we don’t apologize for that.” Less than a month ago, according to charging documents, a crew of hitmen tried to fatally shoot Tatiana Pino outside her Pinecrest home — an event that accelerated the murder-for-hire investigation. Sergio Pino hired that crew, with the instruction to kill Tatiana before the couple’s next divorce hearing, Lapointe said. The next day, on June 24, the FBI raided Sergio Pino’s home for the first time. “We knew he was trying to kill his wife,” Lapointe said. “What if you give him notice and he decides, ‘You know what, I’m going to speed up the process now. Since the two crews couldn’t kill [Tatiana], I’m going to kill her myself. I’m going to figure out a way and kill her myself.’ That could have happened.”
The Defense: But Rabin disputes that retelling, saying the FBI “never gave me any opportunity to speak with Mr. Pino.” “I advised an FBI agent on the scene that I was Mr. Pino’s lawyer and requested the opportunity to speak with Mr. Pino. I was told to remain behind the police line and never contacted again either in person or by phone by anyone from the FBI or Coral Gables Police Dept after I made my presence known,” Rabin said in a statement. “I was standing with members of Mr. Pino’s family on the perimeter of the scene. No one contacted any of his family members on the scene.”
*** “The arrest was designed to isolate, intimidate and frighten him into submission,” Rabin said in a statement. “They accomplished their goal.”
***
From behind the police tape, Rabin says he and Pino’s relatives were unable to get ahold of the 67-year-old. None of their calls were going through, something he found suspect. “The only logical conclusion is that the FBI was using a device to prevent Mr. Pino from making or receiving phone calls while the crisis was ongoing,” Rabin alleged. The FBI declined to respond to Rabin’s allegations. Rabin also said that Pino “was prepared to confront the government’s case in court. He never indicated otherwise, and he certainly never mentioned an intention to harm himself or anyone else.”
Ahh, yes. Let's coddle the mastermind behind an attempted murder. What could go wrong?
ReplyDeleteThe government analogy is absurd. If they thought he was imminently going to kill his ex wife surely they are capable of moving and protecting her for a short period of time. They could have called Rabin and said have him surrendered by noon today or whatever, and took care of wife in meantime. This looks like exactly like what Rabin says it was, a huge show of force intended to intimidate the defendant and communicate to him that his life was now in the government's hands. That's not how our justice system is supposed to work.
ReplyDeleteThis is not the first such incident and it would not be the last. The government's actions can cause significant distress to individuals. Abuse of power and intimidation can drive people to extreme measures, including suicide, as they feel trapped or hopeless. There was no need to invade his home and subject him to this abuse, as his attorney pointed out. The government frequently oversteps its bounds. Everyone deserves their day in court, with their rights protected and their voices heard.
ReplyDeleteWhile I agree that these raids are largely unnecessary when the person's lawyer has been negotiating a surrender, do you think it was the raid that caused him to commit suicide? Please.
ReplyDeleteThe perp walk is the government’s reward for concluding an investigation. Feeds their ego and makes them feel powerful.
ReplyDeleteThe real victim here is the guy who tried to kill his wife and escaped justice
ReplyDeleteSomeone help, my heart is bleeding
So on a blog dedicated to criminal defense, two of your commentators don't believe in the presumption of innocence. Surely, no one kills themselves out of depression.
ReplyDeleteThe government is an immensely intimidating entity. Many people, including attorneys, acknowledge the difficulty of proving innocence against it, as the presumption often feels skewed toward guilt. This perception can lead to feelings of depression and desperation, contributing to instances of suicide. The burden of proof appears reversed, where individuals are considered guilty until they can prove their innocence.
ReplyDelete8:23. Yeah he was depressed. Because he would spend the rest of his life in prison for killing his wife.
ReplyDelete717 life in prison for killing his wife would have been a remarkable result since she is alive. Might be able to win a 2255 if that happened.
ReplyDeleteYou can’t talk the feds away from shock and awe raids for non-violent crimes..
ReplyDeleteThis was probably justified, but poorly implemented.
Non-violent crime?
ReplyDeleteFrom one article, "Federal officials contend Pino tried to poison, shoot Tatiana, and had hired two separate crews for a hit on her." See https://www.cbsnews.com/miami/news/fbi-miami-developer-sergio-pino-hired-crews-to-kill-estranged-wife/
From another, here is an account of the hired hitman threatening Pino's daughter with a gun while looking for the wife/mom. https://www.nbcmiami.com/news/local/sergio-pinos-daughter-describes-encounter-with-alleged-hitman-in-911-call/3371633/