Today, a member of the "Lackawanna Six'' terrorist group testified in general about al-Qaida training camps and how one could get admitted to such a camp. Prosecutors will argue that Jose Padilla followed those procedures. This witness, however, could not link Padilla to the camps.
From the AP: Prosecutors say Goba's testimony is critical because it describes for the jury what went on at the al-Farooq camp, which the government claims Padilla attended in summer 2000. It also links the defendants to the al-Qaida terrorist group, even if indirectly.``Is it possible to just show up at one of the camps?'' asked prosecutor Brian Frazier.``No,'' Goba replied.``You had someone to help you _ someone known and trusted by al-Qaida,'' Frazier continued.``Yes,'' Goba said.But Goba said under questioning by defense lawyers that his intent was only to prepare to defend Muslims in areas where they were oppressed and persecuted, not to commit murder or other crimes. He said he never became a member of al-Qaida.``Are you now, or have you ever been, a terrorist?'' asked Padilla attorney Michael Caruso.``No,'' Goba replied.
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, May 18, 2007
Louis Robles taken into custody
Julie Kay breaks this story:
A federal judge has thrown disbarred Miami attorney Louis Robles back in jail after Robles' girlfriend told the court he was planning to flee the country before finalizing a criminal plea deal on charges that he stole millions from his clients. Last Thursday, U.S. District Judge Alan Gold in Miami issued an arrest warrant and ordered Robles’ $1 million bond revoked, calling him a flight risk. Robles, a nationally known Miami mass torts lawyer, was placed in federal prison May 11, days before Gold was set to decide whether to accept a plea deal for a 10-year sentence that was worked out between Robles and prosecutors.
The big question now is whether Judge Gold will accept the 10 year plea...
A federal judge has thrown disbarred Miami attorney Louis Robles back in jail after Robles' girlfriend told the court he was planning to flee the country before finalizing a criminal plea deal on charges that he stole millions from his clients. Last Thursday, U.S. District Judge Alan Gold in Miami issued an arrest warrant and ordered Robles’ $1 million bond revoked, calling him a flight risk. Robles, a nationally known Miami mass torts lawyer, was placed in federal prison May 11, days before Gold was set to decide whether to accept a plea deal for a 10-year sentence that was worked out between Robles and prosecutors.
The big question now is whether Judge Gold will accept the 10 year plea...
"Wilk ends testimony about why he killed Broward deputy"
Kenneth Wilk testified for seven days! The Sun-Sentinel reports: "At times during his testimony, the 14 jurors -- 10 women and four men -- looked intrigued. At other times, they looked bored. They are expected to start deliberating early next week."
Padilla's prints
Yesterday, the government and defense debated the significance of Jose Padilla's fingerprints on an al-Qaida training camp application. His prints are found only on the first and last pages, so the defense was able to establish that it was consistent with Padilla being handed the form. To add to their theory, the prints weren't tested until August 2006, after he was already in the brig for quite some time. If he was asked about the form in the brig, he may have handled it. Of course, the government will argue that the prints demonstrate that it was Padilla who filled out the form. Here's the AP coverage of the testimony.
Today, one of the New York men who pleaded guilty to terrorism support charges is expected to testify. Yahya Goba has said he filled out an identical form for the same al-Qaida training camp Padilla is accused of filling out a form for. Goba is serving a 10-year prison sentence and is cooperating with federal prosecutors.
Today, one of the New York men who pleaded guilty to terrorism support charges is expected to testify. Yahya Goba has said he filled out an identical form for the same al-Qaida training camp Padilla is accused of filling out a form for. Goba is serving a 10-year prison sentence and is cooperating with federal prosecutors.
Thursday, May 17, 2007
Civil trial
A helpful reader has sent me the following email:
You're missing out on the big civil trial going on right now in front of Judge Altonaga. In 2005, the M/V Norwegian Dawn sailed into a storm off the coast of South Carolina while en-route from the Bahamas to NYC. A class action was brought against NCL, but Judge Altonaga denied certification. The case has proceeded with 400 named plaintiffs. After initially granting plaintiffs' motion for bifurcation, then reversing herself, Judge Altonaga ordered that all 400 cases be tried, five plaintiffs at a time.
The first trial commenced today, and it's expected to last at least three weeks.
The attorneys are Curtis Mase and Richard Lara for NCL; Brett Rivkind and Nicolas Sakellis for the plaintiffs.
Yikes. 400 plaintiffs, 5 at a time is 80 trials. 80 trials at 3 weeks a piece is 240 weeks or 4 1/2 years. I'm sure Judge Altonaga goes home every night and prays to the settlement gods.
You're missing out on the big civil trial going on right now in front of Judge Altonaga. In 2005, the M/V Norwegian Dawn sailed into a storm off the coast of South Carolina while en-route from the Bahamas to NYC. A class action was brought against NCL, but Judge Altonaga denied certification. The case has proceeded with 400 named plaintiffs. After initially granting plaintiffs' motion for bifurcation, then reversing herself, Judge Altonaga ordered that all 400 cases be tried, five plaintiffs at a time.
The first trial commenced today, and it's expected to last at least three weeks.
The attorneys are Curtis Mase and Richard Lara for NCL; Brett Rivkind and Nicolas Sakellis for the plaintiffs.
Yikes. 400 plaintiffs, 5 at a time is 80 trials. 80 trials at 3 weeks a piece is 240 weeks or 4 1/2 years. I'm sure Judge Altonaga goes home every night and prays to the settlement gods.
Wednesday, May 16, 2007
Tom Langston?
That's the name used by the CIA agent who testified in disguise during yesterday's proceedings in Jose Padilla's trial. Jay Weaver reports:
The man who appeared in Miami federal court on Tuesday hid his identity as a CIA officer by using the alias ''Tom Langston'' and wearing a discreet disguise -- black-rimmed glasses along with a closely cropped beard.
Testifying as a witness in Jose Padilla's terror trial, he told jurors that only three months after the Sept. 11, 2001, terror attacks, an unnamed man in Afghanistan gave him a blue binder with dozens of documents.
Among them: a five-page form written in Arabic that would eventually lead federal investigators to conclude that Padilla had applied to join the al Qaeda terror network.
Here's the AP and the Sun-Sentinel report on the bizarre beginning to the trial.
They let this guy testify in disguise and I can't even bring my phone into the courtroom (it has a camera and is allowed in the building and in every other courtroom) or my briefcase (because it had a newspaper in it). I understand we need security but the lawyers are officers of the court.
My prior coverage of the disguise ruling can be read here. Judge Cooke has had another run-in with a witness wanting to wear an odd item to court. I loved how she handled that one!
The man who appeared in Miami federal court on Tuesday hid his identity as a CIA officer by using the alias ''Tom Langston'' and wearing a discreet disguise -- black-rimmed glasses along with a closely cropped beard.
Testifying as a witness in Jose Padilla's terror trial, he told jurors that only three months after the Sept. 11, 2001, terror attacks, an unnamed man in Afghanistan gave him a blue binder with dozens of documents.
Among them: a five-page form written in Arabic that would eventually lead federal investigators to conclude that Padilla had applied to join the al Qaeda terror network.
Here's the AP and the Sun-Sentinel report on the bizarre beginning to the trial.
They let this guy testify in disguise and I can't even bring my phone into the courtroom (it has a camera and is allowed in the building and in every other courtroom) or my briefcase (because it had a newspaper in it). I understand we need security but the lawyers are officers of the court.
My prior coverage of the disguise ruling can be read here. Judge Cooke has had another run-in with a witness wanting to wear an odd item to court. I loved how she handled that one!
Tuesday, May 15, 2007
Padilla trial day 2
Lots of good Jose Padilla coverage from opening statements yesterday.
But what caught my eye was this reporter's comments about the rules for press coverage:
But court security officers are enforcing an unusual rule for the trial, which is set to get under way with opening statements Monday. They are prepared to prevent members of the media from asking questions of defense lawyers or federal prosecutors at the trial.
In effect, newspaper, radio, and television reporters are being granted observer status – they may sit quietly, watch the trial, and take notes. But if during a court recess they approach a defense lawyer or prosecutor in the courtroom with a question, they risk being whisked away by security officials.
The ban on media questions also extends to the lobby outside US District Judge Marcia Cooke's courtroom and chambers.
If reporters need to ask questions for clarification or routine housekeeping matters during the trial, they must ask their questions somewhere else.
The reporter, Warren Richey, for Christian Science Monitor, then explains what happened to him:
I learned about this rule the hard way. During a recent five-minute recess during jury selection, I approached one of the prosecutors and asked who at the US Attorney's Office was handling questions from the press.
He gave me the name of a spokesperson and a telephone number. When I lifted my notebook to jot these down, a court security officer confronted me. He accused me of conducting an interview and asked me to step out of the courtroom.
I told him that I'd merely asked a question, but added that I'd never heard of a rule barring news reporters from asking questions, or even from conducting brief interviews in a courtroom at a public trial at a time when both the judge and jury were not in the courtroom.
Having covered scores of hearings and trials in the federal courts as a journalist, I am well acquainted with courtroom etiquette. But I have never heard of courtroom officials barring reporters from asking routine questions.
Other reporters spoke with Richey:
Neither has Associated Press correspondent Curt Anderson, who has covered the Padilla case closer than any other reporter. "I don't know of such a rule," he said in an e-mail. "I haven't had any problem talking with the various lawyers anywhere in the courthouse or outside, even in the courtroom itself during breaks."
Jay Weaver of the Miami Herald also says he is unaware of such a rule against journalist questions. "I would like to know what the ground rules are. It is going to come up," he says.
It will be interesting to see exactly what this rule is and how it's enforced. I'm all for protecting the rights of the defendant, and being especially careful in a trial like this is important. That said, the public has a right to see and understand this trial. I really believe we should have cameras in federal court. The Padilla trial should be watched in classrooms and studied. Instead, our country is left with images of OJ as how our justice system works.
But what caught my eye was this reporter's comments about the rules for press coverage:
But court security officers are enforcing an unusual rule for the trial, which is set to get under way with opening statements Monday. They are prepared to prevent members of the media from asking questions of defense lawyers or federal prosecutors at the trial.
In effect, newspaper, radio, and television reporters are being granted observer status – they may sit quietly, watch the trial, and take notes. But if during a court recess they approach a defense lawyer or prosecutor in the courtroom with a question, they risk being whisked away by security officials.
The ban on media questions also extends to the lobby outside US District Judge Marcia Cooke's courtroom and chambers.
If reporters need to ask questions for clarification or routine housekeeping matters during the trial, they must ask their questions somewhere else.
The reporter, Warren Richey, for Christian Science Monitor, then explains what happened to him:
I learned about this rule the hard way. During a recent five-minute recess during jury selection, I approached one of the prosecutors and asked who at the US Attorney's Office was handling questions from the press.
He gave me the name of a spokesperson and a telephone number. When I lifted my notebook to jot these down, a court security officer confronted me. He accused me of conducting an interview and asked me to step out of the courtroom.
I told him that I'd merely asked a question, but added that I'd never heard of a rule barring news reporters from asking questions, or even from conducting brief interviews in a courtroom at a public trial at a time when both the judge and jury were not in the courtroom.
Having covered scores of hearings and trials in the federal courts as a journalist, I am well acquainted with courtroom etiquette. But I have never heard of courtroom officials barring reporters from asking routine questions.
Other reporters spoke with Richey:
Neither has Associated Press correspondent Curt Anderson, who has covered the Padilla case closer than any other reporter. "I don't know of such a rule," he said in an e-mail. "I haven't had any problem talking with the various lawyers anywhere in the courthouse or outside, even in the courtroom itself during breaks."
Jay Weaver of the Miami Herald also says he is unaware of such a rule against journalist questions. "I would like to know what the ground rules are. It is going to come up," he says.
It will be interesting to see exactly what this rule is and how it's enforced. I'm all for protecting the rights of the defendant, and being especially careful in a trial like this is important. That said, the public has a right to see and understand this trial. I really believe we should have cameras in federal court. The Padilla trial should be watched in classrooms and studied. Instead, our country is left with images of OJ as how our justice system works.
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