Still no sentence for Jose Padilla and his co-defendants. Apparently, sparks are flying (via CSM). And more here from the Sun-Sentinel.
Is there anything more stressful for litigants and judges than sentencing hearings? I'm sure everyone will be relieved when this is over.
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
Friday, January 11, 2008
Gagged?
Unfortunately, I will not be blogging about the Liberty City 7 case any more until the following issue is cleared up:
As regular readers know, Judge Lenard gagged the defendants for the retrial. She also gagged acquitted defendant Lyglenson Lemorin and his lawyer Joel DeFabio. I recently filed a notice of appearance for Mr. DeFabio to litigate the gag order, and Judge Lenard issued the following order:
"[T]he gag order previously issued by the Court on December 13, 2007 applies to Lyglenson Lemorin, who is now a witness for the defense in this case (see D.E. 772), and his agents, as well as to Joel DeFabio, Esq., who has been appointed by the Court to represent Mr. Lemorin as a witness associated with the defense in this case, and TO MR. DEFABIO'S AGENTS as well. . . " (emphasis added)
Because I am now one of DeFabio's agents, I take it that I cannot speak about the case. I filed a motion to clarify that today, but until that is ruled on, I don't think I will be posting about the case.
As regular readers know, Judge Lenard gagged the defendants for the retrial. She also gagged acquitted defendant Lyglenson Lemorin and his lawyer Joel DeFabio. I recently filed a notice of appearance for Mr. DeFabio to litigate the gag order, and Judge Lenard issued the following order:
"[T]he gag order previously issued by the Court on December 13, 2007 applies to Lyglenson Lemorin, who is now a witness for the defense in this case (see D.E. 772), and his agents, as well as to Joel DeFabio, Esq., who has been appointed by the Court to represent Mr. Lemorin as a witness associated with the defense in this case, and TO MR. DEFABIO'S AGENTS as well. . . " (emphasis added)
Because I am now one of DeFabio's agents, I take it that I cannot speak about the case. I filed a motion to clarify that today, but until that is ruled on, I don't think I will be posting about the case.
Thursday, January 10, 2008
Minor roles or leaders or something else?
Apparently, that's one of the big fights at the Jose Padilla sentencing (for all three co-defendants). From the AP:
Prosecutors say the three defendants were part of a conspiracy involving armed conflicts over decades in places like Kosovo, Afghanistan, Somalia and Chechnya and involving tens of thousands of people. Hassoun was depicted as a recruiter, Jayyousi as a financier and propagandist and Padilla as a recruit for al-Qaida.
"The charged conspiracy is exceedingly broad," said Padilla attorney Michael Caruso. "You have to concede that Mr. Padilla played a minimal role."
But prosecutor Russell Killinger said Padilla is "a trained al-Qaida killer" who was recruited to attend an al-Qaida training camp. He called Padilla's bid for a lenient sentence "astonishing."
"He's an instrument of the scheme itself," Killinger said.
The defendant's role in the offense will have an impact on the guideline level and will also impact Judge Cooke's ultimate sentencing decision....
Prosecutors say the three defendants were part of a conspiracy involving armed conflicts over decades in places like Kosovo, Afghanistan, Somalia and Chechnya and involving tens of thousands of people. Hassoun was depicted as a recruiter, Jayyousi as a financier and propagandist and Padilla as a recruit for al-Qaida.
"The charged conspiracy is exceedingly broad," said Padilla attorney Michael Caruso. "You have to concede that Mr. Padilla played a minimal role."
But prosecutor Russell Killinger said Padilla is "a trained al-Qaida killer" who was recruited to attend an al-Qaida training camp. He called Padilla's bid for a lenient sentence "astonishing."
"He's an instrument of the scheme itself," Killinger said.
The defendant's role in the offense will have an impact on the guideline level and will also impact Judge Cooke's ultimate sentencing decision....
Judge Huck denies Noriega's request to block extradition
Vanessa Blum has the details here:
Miami federal judge signed off on U.S. plans Wednesday to send former Panamanian dictator Manuel Noriega to France to face money-laundering charges, finding the French government has given sufficient assurances it would continue to treat Noriega as a prisoner of war under the Geneva Conventions.The ruling from U.S. District Judge Paul Huck, which followed three earlier court decisions approving the planned extradition, addressed concerns raised by Noriega's attorneys over France's refusal to formally designate Noriega a prisoner of war."Without that status of being declared a prisoner of war, there is no guarantee he will continue to receive those benefits," said Jon May, one of Noriega's attorneys.
Huck disagreed, saying he was satisfied with France's commitment to treat Noriega, 73, in accordance with the Geneva Conventions."What more could Noriega ask for or be entitled to?" Huck asked. "It's the benefits. It's not the nicety that he's called a prisoner of war."
More from the AP:
The ruling clears the way for Noriega's lawyers to appeal his extradition to the 11th U.S. Circuit Court of Appeals in Atlanta. U.S. lawyers say Noriega's extradition will not take place until the legal process is concluded.
"It is on hold," said Assistant U.S. Attorney Sean Cronin.
Miami federal judge signed off on U.S. plans Wednesday to send former Panamanian dictator Manuel Noriega to France to face money-laundering charges, finding the French government has given sufficient assurances it would continue to treat Noriega as a prisoner of war under the Geneva Conventions.The ruling from U.S. District Judge Paul Huck, which followed three earlier court decisions approving the planned extradition, addressed concerns raised by Noriega's attorneys over France's refusal to formally designate Noriega a prisoner of war."Without that status of being declared a prisoner of war, there is no guarantee he will continue to receive those benefits," said Jon May, one of Noriega's attorneys.
Huck disagreed, saying he was satisfied with France's commitment to treat Noriega, 73, in accordance with the Geneva Conventions."What more could Noriega ask for or be entitled to?" Huck asked. "It's the benefits. It's not the nicety that he's called a prisoner of war."
More from the AP:
The ruling clears the way for Noriega's lawyers to appeal his extradition to the 11th U.S. Circuit Court of Appeals in Atlanta. U.S. lawyers say Noriega's extradition will not take place until the legal process is concluded.
"It is on hold," said Assistant U.S. Attorney Sean Cronin.
Wednesday, January 09, 2008
Federal Bar Association Judicial Reception
The Federal Bar Association will have its 27th Annual Federal Judicial Reception on February 7, 2008 at the Hyatt Regency in downtown Miami from 5:30-8p.m. $35 for government lawyers and $45 for private practitioners if you purchase in advance. Mail your checks to Federal Bar Association, 300 NE 1st Avenue, Rm. 112 Miami, Florida 33132, 305-52305770. Include a self-addressed return envelope for your tix. RSVP now.
Tuesday, January 08, 2008
Poor Judge Cooke...
She has to deal with a lot of sentencing objections in Jose Padilla's case (via the AP).
Go, Dore, Go!
In our continuing Go, Dore, Go! segment, here is Dore Louis from yesterday's hearing in front of Judge Cooke:
An attorney for Jayyoussi, a fundraiser for Muslim causes, launched a more direct assault on the government. ''The CIA and Justice Department destroyed evidence taken from people alleged to be unindicted co-conspirators in this case,'' argued Marshall Dore Louis. ``That's a problem.''
More from the Herald article here.
Jose Padilla sentencing to start today
Any bets as to what Judge Cooke will impose?
The early over-under line is 20 years.
--David Oscar Markus
www.markuslaw.com
305-379-6667
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