Wednesday, October 17, 2007

Three Liberty City 7 jurors dismissed

From the Sun-Sentiel:

U.S. District Judge Joan Lenard ruled after spending hours questioning jurors about a pamphlet on terrorism found in the jury room Monday. Miami police officers handed out the pamphlets last week at Metrorail stations, and the jurors who were dismissed said they had read or skimmed it.

One of the dismissed jurors said he considered it an "interesting coincidence" that he was handed a pamphlet about terrorism at the Government Center Metrorail Station as he made his way to court for a terrorism trial. The man said he brought the flier into the jury room after receiving it.

The pamphlet's cover features a police shield and the word "terrorism" in bold, capital letters. A police representative said the distribution, part of a program to alert the public to terrorist threats, was unrelated to the trial.

All but two of the 12 jurors and six alternates said they had seen a copy in the jury room and noticed it pertained to terrorism. To defense lawyers, that alone was enough to warrant a mistrial.

"To have that in the jury room in this type of trial, I think it's outrageous," said Roderick Vereen, who represents Stanley Phanor, 32.


Other defense lawyers weren't so happy with the jurors being dismissed:

Lawyers for every defendant but Batiste requested a mistrial based on the pamphlet, which includes a watch list of seven "signs of terrorism" and descriptions of deadly materials that could be used by terrorists.

Lenard denied the mistrial motions. However, she excused the three members of the jury panel who said they had read the brochure, explaining she was acting in "an abundance of caution."

Ana Jhones, who represents Batiste, protested Lenard's decision, saying her client had never complained about the pamphlet. "He is now faced with the consequences that he is not going to have the jury he has selected," she said.

Albert Levin, Abraham's attorney, and Joel DeFabio, Lemorin's attorney, also opposed dismissing the jurors.


Ah, the joys of trial. Crazy things always happen, don't they?

You go Judge Milian

Okay, so this isn't federal court, but it's a fun clip, isn't it?

Monday, October 15, 2007

Jeff Sloman -- new Broward Sheriff?

From the Sun-Sentinel:

There's a new applicant to be interim Broward County sheriff -- a high-ranking federal prosecutor who was involved in the investigation that ousted former Sheriff Ken Jenne.

Jeff Sloman, the No. 2 official in the U.S. Attorney's Office for the Southern District of Florida, was interviewed by Gov. Charlie Crist at 1 p.m. Monday in Tallahassee.Sloman's application for the job was received on Saturday, said Anthony De Luise, a spokesman for the Governor's Office.

That was quick -- application gets in on Saturday, interview on Monday. Looks like Mr. Sloman will be Sheriff Sloman. He would be great...

Mold and explosions

I feel bad for Chief Judge Moreno...

He has inherited two big problems -- he has to deal with mold in the old Dyer Building and a recent explosion in the new Ferguson Building. The over on the January 1, 2008 opening is looking pretty good right now.

Julie Kay details in the DBR today (yes, I thought she had left too) that Ervin Gonzalez is investigating the mold issue in the Dyer Building that we covered previously here. And she goes through some of the issues with the new building, including a recent explosion that has disabled the electrical system. (It was supposed to open in July 2005 and is $78 million over budget!) The good news is that a certificate of occupancy has been issued for the building.

Friday, October 12, 2007

"Nothing short of brilliant"

That's victorious Mike Tein on Judge Cecilia Altonaga's 61 page ruling, rejecintg a proposed agreement to settle a class action lawsuit over defective Sharper Image air purifiers. Here's the DBR article on the decision. Not a good day for plaintiff attorney Robert Parks. Our previous coverage here.

Analysis of the opinion here by new (and anonymous) blogger, "South Florida Lawyers".

Thursday, October 11, 2007

Joe Cool charges -- First Degree Murder

We don't get many first degree murder cases in federal court (this one can be charged in federal court because the alleged murders occurred on the high seas), so that alone makes the Joe Cool case fascinating. Add to it that there are no bodies, weapon, or confession and you have all the makings of an unbelievable trial that should be covered on Court TV. But, (as I have complained of many times before) we have no cameras in federal court, so you'll just have to check in here to get your updates. (Our prior coverage of the case is here).

Here's the Sun-Sentinel coverage, the AP, the Miami Herald.

U.S. Attorney Alex Acosta on the case: "We believe the evidence is strong. We shouldn't shy away from a case just because it's not an easy one." He said Kirby Archer, 35, of Strawberry, Ark., and Guillermo Zarabozo, 20, of Hialeah, murdered the crew "in cold blood."

From the Herald article:

Archer's attorney, former federal prosecutor Allan Kaiser, said the charges were hollow.
''They're under the gun,'' Kaiser said. 'The magistrate judge said last week, `You better come up with more evidence.' This is the evidence? I don't see a first-degree, premeditated murder case predicated on alleged inconsistent statements.''

Wednesday, October 10, 2007

I work at Hunton & Williams Miami; hear me roar

Here's a Miami Herald article about how law firms are trying to find creative ways to keep women lawyers. Above is the picture from the article with a bunch of lawyers from Hunton & Williams: "Hunton & Williams law firm is moving toward more flexible schedules to appeal to women. From left are: Allie Hernandez Pennie, Grace Mora, Jennifer Ellis, Barbara Alonso, Laurie Uustal Mathews, Davina Figeroux and Ellen Ross Belfer."

Because the picture is of Hunton lawyers and because of the caption, I read the article looking for the creative ways the firm is appealing to its women lawyers. But this is the only mention in the article:

Firms are trying to reverse the trend as clients demand diverse legal teams. Most big firms offer part-time options, flex scheduling and women's retention/advancement programs aimed at keeping their young female lawyers.

Grace Mora, a Miami labor lawyer, participates in Hunton & Williams' Women's Networking Forum. She believes her firm is moving in the right direction. ''I think it takes time to get the word out there. '' She also believes flex scheduling is evolving from a perk to becoming part of the firm's culture. ''We're not 100 percent there, but we are moving in that direction.'' But Mora says it's not just women who want it, ``men are demanding it too.''

Ah well.... At least the picture is cool.

The article does detail the drop of women applicants to law schools:

Since 2002, the percentage of women in law schools has declined each year, a new study shows. While the number of applicants overall has dropped in the past two years, the percentage decline in the number of women has been even greater, according to the American Bar Association.

What say you, Miami readers -- are there any firms doing cool things to keep women lawyers?

Tuesday, October 09, 2007

The Jack Thompson hearing (by Jack Thompson)

Rumpole, you want answers?

Well, all I have on the Jack Thompson hearing today in front of Judge Jordan is (what purports to be) Jack Thompson's summary of the hearing posted on GamePolitics here:

I’m delighted to announce that Judge Jordan vacated his order regarding referring me to the disciplinary committee, and he decided to forego all disciplinary remedies.
The judge started out by suggesting that he did not feel comfortable doing so unless I admitted I had done something wrong. I said I did nothing wrong and would not admit that I did. He asked, “Then how do I know you won’t do it again.”
I pointed out to him that Christ said, “Render unto Caesar what is Caesar and unto God what is God’s.” Christ, then, was making it clear that people of faith are not free to disobey civil authority, and if he now entered a court order for me not to do this, then I would not, as Christians are not free to disobey the law without consequences. But I told him he could not order me to say I did something wrong, because as a matter of conscience I could not do so.
That obviously satisfied him, and he voided out the entire disciplinary matter. Norm Kent was there, which was hilarious, having moved the court last night at 10:30 pm to let him “intervene” and appear before the disciplinary committee against me. Poor Norm, he went away from the hearing sad.
As to the Bar’s motion to dismiss, the judge will rule in two weeks. I expect to receive from the court certain federal relief against this Bar. You all don’t know the case, and I do. Norm Kent, who is now unofficial legal consultatnt to Dennis McCauley as to all things “Jack” smugly predicted here and elsewhere that this disciplinary blow by Judge Jordan was sure to unravel everything for me.’
Now the disciplinary matter does not even exist. How did that prediction turn out for Norm and Dennis?
Kids, leave the lawyering to lawyers. I’ll leave the mind numbing games to you all.
I had a great day, standing before a federal judge for a 2 hour and 45 minute hearing, and I did just fine. Even Norm Kent would have to admit that.
Besides, Norm is a Yankee fan, and grew up in Cleveland. I’m having a very good 24 hours. Jack Thompson, Attorney and You’re Not


UPDATED -- GamePolitics has more on the hearing here.