Tuesday, October 31, 2006

Boo.


Happy Halloween. In that spirit, the government wants its witnesses to wear disguises. Ze'ev Rosenstein's lawyers, Roy Black and Howard Srebnick, think this is a bad idea... Here is the intro from their response to the government motion for its witnesses to wear "light disguises":

Under the government’s proposed procedures, the defense may not conduct its own investigation of the surveillance officers, and instead must accept the government’s claim that "none of these officers have . . . information in their background that would provide ammunition for cross-examination . . . ." [Government’s Motion at 7].

Also under the government’s proposed procedures, the defense and the jury may not see or assess the true emotions and expressions of the surveillance officers while they testify.

Finally, the defense may not cross-examine these anonymous and veiled foreign witnesses about their procedures and techniques, and must accept their testimony that they were at all times able to accurately observe and identify people and what they were doing.

***

President Eisenhower once described face-to-face confrontation as part of the code of his hometown of Abilene, Kansas. In Abilene, he said, it was necessary to "[m]eet anyone face to face with whom you disagree. You could not sneak up on him from behind, or do any damage to him, without suffering the penalty of an outraged citizenry . . . In this country, if someone dislikes you, or accuses you, he must come up in front. He cannot hide behind the shadow." Coy v. Iowa, 487 U.S. 1012, 1017-18 (1988).

A wig, make up, and fake facial hair is not "light disguise," as the government states. It is a complete costume, the shadow to which President Eisenhower refers. After all, the purpose of the disguise is to make the witness look like someone else entirely – to be unrecognizable. In Israel, and presumably in this Court if allowed, the witness will not only wear full facial disguise, but s/he will also wear a turtleneck shirt and a large overcoat, so that only a fake face is seen. If the witness fidgets, the coat will hide it. If he is a bald male and his head perspires when nervous, the wig will hide it. If his mouth twitches slightly, the fake facial hair will hide it. If she is a female and her ears turn red during testimony, the wig will hide it. If the veins on the neck enlarge out of fear or anger, the turtleneck will hide it. If the face turns pale during testimony, the make up will hide it. Essentially, the person on the witness stand will be a fake.

Lots of other good stuff in this response. Any bets on what Judge D will do?

Sunday, October 29, 2006

News and notes

1. When a lawyer runs for office, is his choice of clients a fair target for attack? Vanessa Blum covers this debate here: "Less than two weeks before the Nov. 7 election, Broward County Commissioner Jim Scott is attacking challenger Ken Keechl for his legal representation of a company accused of defrauding investors out of nearly $1 billion. Scott wants voters to know that Keechl, a Democrat making his first run for public office, defended Mutual Benefits Corp. in lawsuits across the country as a partner at Fort Lauderdale law firm Brinkley, McNerney, Morgan, Solomon & Tatum." I particularly like Mike Tein's quote: "I think it's irresponsible and reprehensible for Ken's opponents to even suggest he did anything wrong simply because he represented Mutual Benefits," Tein said. "Any line drawing between the firm and the investigation into this former client is absolutely misguided."


2. The Florida Bar has come out with its Media Awards. "This year’s grand prize winners are The Miami Herald and The Florida Times-Union (newspapers and other periodicals with circulation more than 50,000), The Villages Daily Sun (newspapers and other periodicals with circulation less than 50,000), WTSP-TV of St. Petersburg (television), and WUSF of Tampa (radio). Honorable mentions are awarded to The Daytona Beach News-Journal and The Daily Business Review. " The Herald won for Jay Weaver's investigative series about Broward Circuit Judge Eileen O'Connor, which prompted the NAACP to file an ethics complaint against her with the Judicial Qualifications Commission. Where are the blogger awards!

Wednesday, October 25, 2006

Acosta sworn in



Alex Acosta was sworn in today as the U.S. Attorney for the Southern District of Florida. Great turnout in the Central Courtroom. Justice Alito -- who Acosta clerked for when he was on the Third Circuit -- spoke and administered the oath. When they were standing next to each other, they actually looked liked brothers. Striking similarity...

The program for the event had a quote that I often cite:

"The United States Attorney is the representative not of an ordinary party to a controversy, but of a sovereignty whose obligation to govern impartially is as compelling as its obligation to govern at all; and whose interest, therefore, in a criminal prosecution is not that it shall win a case, but that justice shall be done. As such, he in a peculiar way and very definite sense the servant of the law, the twofold aim of which is that guilt shall not escape or innocence suffer."
-- Berger v. United States, 295 U.S. 88 (1935) (Sutherland, J.).

The AP already has coverage of it here.

Tuesday, October 24, 2006

News and notes

1. Rumpole is going off about federal sentencing....

2. Judge Moore ordered restitution in the Masferrer case.

3. Big plea in the Mutual Benefits case.

4. Alex Acosta is being sworn in tomorrow at 2PM.