"The actions in this case frankly are disgusting and despicable. It almost defies belief."

That was Judge Graham as he sentenced Detective Thomas Simcox, 50, to just over 11 years (which was more than prosecutors has asked for) and a $100,000 fine. He continued: "On the scale of criminal conduct, this case ranks near the top."

Two other officers fared no better in front of Judge Cohn: Hollywood Police Sgt. Kevin Companion was sentenced to 14 years in prison and Officer Stephen Harrison received a nine-year term.

The case as described by the Sun-Sentinel: "The four officers were arrested in February after an FBI sting caught them — on videotape — dealing in stolen diamonds in Atlantic City; transporting stolen art while using police evidence room receipts as cover; protecting crooked card games; and finally, late last year, running protection for what they thought was a shipment of heroin."

Public corruption cases are always tough on the sentencing judge and the cases always raise a host of issues. Should the sentence be higher for a public official (in this case a police officer) than for someone else who does the same act because the official violates public trust? Or should the sentence be lower if the official has done lots of good for society? Or should these two factors be a wash?

More from the article:

Friday morning's sentencing of Companion, 41, and Harrison, 47, included hours of emotional pleadings, while raising the question of how men who all agreed were caring, compassionate family men and good police officers could turn criminal.The amount of money they received — from $12,000 for Harrison up to $42,000 for Companion — was less than they could have made working overtime and extra details, Hollywood police officials have said."Any sentence would serve not only as punishment of Kevin, but of his family and his kids," a tearful Emily Companion, Sgt. Companion's wife, told U.S. District Judge James I. Cohn as she clutched photos of the couple's two children, her husband crying just a few feet away. "We are suffering every minute of every day."Cohn responded sympathetically: "Ma'am, you know it is always the family who suffers the most. Always." Looking at the pictures, he smiled and said, "your children are beautiful."

Oh boy...

I feel bad for the Kenny Nachwalter lawyer (the original post had her name, but I have since deleted it) who filed a notice to appear for the alleged victim in the Chuckie Taylor case (he's the son of former Liberian president Charles Taylor who has been accused of torture). The problem is that the pleading wasn't filed under seal and the name of this victim is supposed to be secret.

The DBR has the story here.

Any thoughts on whether this article should have been published. Seems newsworthy to me, but others have expressed that the article should not have been written or in the alternative should not have included the victim's name. Thoughts?

Federal Judges are people too

I love this story in So. Florida Magazine featuring our very own Judge Ursula Ungaro, who golfs in her spare time. How cool. Judge Ungaro, known as one of the smartest and sharpest judges in the district, can also hit the ball pretty well. Although she normally plays at the Biltmore or Granada, she has played as far away as George, South Africa where she "had to fend off the monkeys, who were trying to steal the balls out of [their] bags."

"Miami black market aquarium supplier gets jail term"

From the Miami Herald:

A Miami man will forfeit his boat and spend 10 months in jail for illegally harvesting brilliantly colorful corallimorphs, prized for saltwater aquariums, from the Florida Keys National Marine Sanctuary.
Alexandre Alvarenga, 40, was sentenced Wednesday by U.S. District Judge Adalberto Jordan, who accepted his guilty plea for illegally taking 900 living specimens of Ricordea florida so that he could sell them.

For more on corallimorphs, read here.

Governor Crist appoints John Thornton

John Thornton was appointed to the state circuit bench today. Congrats to John -- a wonderful appointment from our Governor.

Motions for JOA denied

I'm on the road today, but a reliable source emails me that the motions for judgment of acquittal as to all defendants in the Padilla case were denied.

Defense case to begin Thursday.

For an interesting discussion comparing the government action in Padilla to KPMG, check out www.discourse.net, Professor Froomkin's blog. I will post the exact link when I get back to town.

UPDATE -- here's the link to the interesting post.

Julie Kay interviews Chief Judge Moreno

Here.

Lots of good stuff in the article that will make lawyers and non-lawyers happy, like being more permissive with cell phones and laptops. The Chief also plans on making sure that secret dockets are a thing of the past and that all documents are made available to the public:

“I’m a very open person,” Moreno said. “My personal feeling is that if something is said in open court, it should be an open record.”

As for plea deals: "Moreno said the court will continue to study another issue that recently has generated controversy — whether plea agreements should be posted online."

Interesting article and worth a read.

"Dubai leaders ask judge to dismiss camel racing jockey lawsuit"

That's the headline from this AP article.

From the article, it looks like it was a very animated hearing:

U.S. District Judge Cecilia M. Altonaga did not indicate when she would rule but did ask a number of pointed questions, including whether she has authority over an issue involving people and events in several foreign countries but few ties to the United States.

"All of these claims should be entertained here?" she asked at one point. "None of the parties, none of the interests, none of the defendants are here."

The lawsuit filed last September asks for an unspecified amount of damages for young boys - primarily from Pakistan, Sudan, Mauritania and Bangladesh - who were forced to ride racing camels over a 30-year period in various Persian Gulf countries. The case was brought under a 218-year-old U.S. law known as the Alien Tort Statute, which provides federal courts with jurisdiction over certain civil cases involving foreigners.

But it wasn't easy for the Defendants either:

The Emirates have ended use of children as camel racing jockeys and set up a program with UNICEF to reunite them with their families and provide a range of social and educational services. Agreements between the Emirates and the four jockey source countries also envision creation of a compensation system funded by the Emirates.

Coles told Altonaga that the program is a better way than a lawsuit to address the problem. But the judge questioned whether that was adequate as a legal matter because the case targets the two sheikhs as individuals, rather than as heads of government.

"It doesn't make these individuals accountable in any way," Altonaga said of the jockey program.