Initial thoughts on Liberty City mistrial

1. Why are people so mean? I can't believe how crude and stupid some comments are. It makes me want to shut down the Blog. Should I get rid of anonymous comments again?

2. Will the next trial be called Liberty City 6?

3. Will there be a next trial?

4. Joel Defabio, the lawyer for the one defendant who was acquitted, will be partying tonight. A lot.

5. The other defense lawyers certainly can claim victory but I'm sure they are dreading the prospect of trying this again. That said, they will be celebrating too.

I can't think of anything worse as a trial lawyer than having to retry a case, except sentencing of course. It sucks as much for the prosecution too. And it's probably the worst for the judge to have to sit through it again.

6. How will this case be compared to the Padilla trial? Other than being 'terror' trials, they really are nothing alike.

Discuss!
--David Oscar Markus
www.markuslaw.com
305-379-6667

Hung

The liberty city 7 jury hung today as to 6 defendants and acquitted defendant Lemorin. A huge victory for the defense. More to follow.
--David Oscar Markus
www.markuslaw.com
305-379-6667

Pictures

Here's Chief Judge Moreno at yesterday's luncheon. He looks pretty fired up in facing the camera:

And here's Justice Thomas at the Palm Beach Bar meeting. The picture was uploaded from this Sun-Sentinel article.

Chief Judge Moreno at the federal bar luncheon

It was a great and engaging lunch this afternoon with the Chief taking a variety of questions, from the new Supreme Court decisions on sentencing to the new federal courthouse to multi-district litigation.

Moreno explained that he didn't control when the new courthouse would open and there was no fixed date... The over on that January 1, 2008 looks pretty good right now. The new over/under line is January 1, 2009.

Supreme Court Justice Clarence Thomas also spoke today to the Palm Beach Bar Association. Here's a report on that talk.

When are we going to get a verdict?

The Liberty City 7 jury has been awfully quiet since being Allen charged...

Are they going to compromise?
Hang?
Reach a verdict on all counts?

Thoughts?

''It is your duty to agree upon a verdict if you can do so."

That was Judge Lenard today to the Liberty City 7 jury. Apparently they sent another note today saying that they were still deadlocked. Judge Lenard read the "Allen charge" sometimes known as the dynamite charge... Defense lawyers hate this jury instruction because it typically leads juries to compromise.

Huge sentencing day...

Criminal law practitioners have quite a bit of reading today as the Supreme Court decided two mammoth cases -- Gall v. United States and Kimbrough v. United States. In a nutshell, the cases are huge victories for district judges, criminal defense lawyers and their clients. The decisions reaffirm that district judges have wide discretion in sentencing defendants and that the guidelines are really just advisory. Judges are free to disagree with them (as the judge did in Kimbrough with the 100-1 crack disparity) and appellate courts are to defer to the district courts unless they abuse their discretion in sentencing. It will be interesting to see how district judges use their discretion now that the Supreme Court has said it really really means it.

In other sentencing news, Michael Vick got 23 months. Almost two years for a first-time offender with no prior history... Thoughts?

For all your sentencing news, the best place to go is www.sentencing.typepad.com and for the Supreme Court news, go to www.scotusblog.com

Ask Chief Judge Moreno anything you want!

Wednesday, December 12, 2007, at the Banker's Club at noon.

Chief Judge Moreno will take your questions at the Federal Bar Luncheon.

There are a few spots left if you would like to attend. RSVP to

Lourdes B. Fernandez

Law Clerk to Hon. Robert L. Dubé

(305) 523-5771

Lourdes_Fernandez@flsd.uscourts.gov