New District Probation Officer

I'm in trial and haven't been able to post much lately, but wanted to let you know that I received the following email today from Jack Bauer (who I always thought was the lead character on 24...) explaining that Reginald D. Michael was the District's next Chief Probation Officer. Congrats to Mr. Michael and good luck to Frank Schwartz:

From: Jack Bauer
To: domarkus@hotmail.com
Sent: Monday, September 26, 2005 8:14 PM
Subject: New CUSPO
I write on behalf of Chief Judge Zloch to announce that the Court’s Judges selected Reginald D. Michael to be the District’s next Chief Probation Officer. Mr. Michael will succeed incumbent Chief Frank Schwartz when he retires later this year, and his official starting date has not yet been established. Mr. Michael earned a Bachelor of Arts Degree in Criminal Justice from Northeast Louisiana University and his experience in the federal probation and pretrial services system has spanned over 18 years. Mr. Michael comes to us from the U.S. Probation Office in the District of Nevada where he currently serves as the Deputy Chief U. S. Probation Officer. He formerly served as a U.S. Probation Officer and Supervising Officer in the Southern District of New York, as a Probation and Pretrial Services Administrator with the Administrative Office, and as Chief of Program Review for Probation and Pretrial Services at the Administrative Office. Mr. Michael possesses a solid background in probation and pretrial services and strong management, leadership and interpersonal skills. The District’s Judges believe Mr. Michael will make an excellent addition to the Probation Unit and that he will prove to be an effective leader within the District and within the federal probation community.

News and notes

1. More Jack Abramoff news at the Herald. Jay Weaver reports here on Ohio Rep. Bob Ney's connection to the case: "Federal authorities want to know whether an obscure Ohio congressman improperly influenced negotiations in the $147 million SunCruz Casinos deal five years ago as a favor to a politically connected lobbyist and his business partner, according to sources familiar with the investigation. Rep. Bob Ney, a Republican better known for touting coal shippers in his district, thrust himself into the sensitive sale in March 2000 when he publicly trashed Fort Lauderdale-based SunCruz owner Gus Boulis in Congress. Sources say investigators want to know whether Ney deliberately sought to handicap Boulis by highlighting his troubles with Florida authorities at a time when the magnate -- pressured by federal prosecutors -- was desperately trying to sell his gambling ships to Washington lobbyist Jack Abramoff and New York businessman Adam Kidan."

2. WHOOPS! In the well-publicized drug prosecution of Evintz Brillant, the government's star witness picked out Justice Department attorney Thomas Pinder when asked to identify the defendant. Assistant U.S. Attorney David Weinstein quickly recovered and asked the witness to stand up and look around the courtroom for Brillant. ''I made a mistake,'' he said. "He's sitting right there, wearing a blue shirt.''

Gilberto Rodriguez-Orejuela to get free lawyer

So reports Jay Weaver. This seems wrong to me. Appointed lawyers are meant for indigent defendants. The man has money. Lots of it. He could spend it at Publix or for a doctor or for clothes. Why not a lawyer?

Judiciary Committee votes 13-5 in favor of Roberts

Final vote: Yes - 13; No - 5

Yes: Specter (R), Hatch (R), Grassley (R), Kyl (R), DeWine (R), Sessions (R), Leahy (D), Kohl (D), Feingold (D), Graham (R), Cornyn (R), Brownback (R), and Coburn (R)

No: (All Democrats) Kennedy, Biden, Feinstein, Schumer, and Durbin.

Professor Ronald Dworkin begins a recent essay about the Committee's confirmation hearings as follows: "Almost every recorded political statement John Roberts has made throughout his life, from adolescence to his nomination as chief justice, suggests that he has strong conservative political convictions and instincts, and many people naturally fear that he will use his great power on the Supreme Court in the service of his politics. He promised that he would not, but the Senate Judiciary Committee should have been more effective than it was in testing that promise. In fact it failed dramatically in its responsibility to do so." Here is the entire essay.

Top Aristede drug cop passed DEA polygraph

As David noted earlier, the trial against Evintz Brillant, Aristede's top drug cop, begins this week. The Herald reports today that Brillant passed a DEA polygraph exam in August 2002. Apparently, the DEA asked Brillant if he ever received a gift or bribe from a drug trafficker; ever provided protection for a cocaine smuggler; or ever participated in any illegal drug activity outside the scope of his official duties. He answered no to all questions.

Now, the government does not want the jury to hear this evidence. Judge Cooke will decide by Friday.

The Herald quotes Brillant's attorney, Howard Schumacher, as saying that he only learned last week from prosecutors that his client had taken the polygraph. This case has been pending for months, why did the government only disclose this evidence on the eve of trial?