That was Jackie Arango closing today in the Liberty City 7 case.
Lots of coverage here (Miami Herald), here (Sun-Sentinel), and here (AP).
From the Sun-Sentinel article:
Arango urged jurors to reject defense claims that the group's leader Narseal Batiste only pretended to be a terrorist in a fraud to extort money from the informant.
"A fraud is trying to get you to buy into something that is patently not true," Arango said. "That is the only fraud going on here."
The men, struggling construction workers who hung out in a Liberty City warehouse, are charged with trying to join forces with al-Qaida in plots to bomb the 110-story Sears Tower in Chicago and the FBI headquarters in North Miami Beach.
If convicted, each faces up to 70 years in prison.The jury is expected to begin deliberating Friday after defense lawyers complete their closing arguments.
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
Thursday, November 29, 2007
What is the appropriate sentence for Jose Padilla?
Judge Cooke is tasked with sentencing Jose Padilla next week. The Government is asking for life. The defense is asking for something much less.
Should Padilla get credit for time served in the brig?
Should he get extra credit because of his treatment?
Should the judge consider the fact that Padilla will likely serve his time at the worst federal prison in America -- ADX Florence?
Here is Caruso on that last point -- from the defense memo:
"By the Bureau of Prisons own admission, ADX Florence is 'hell.' Surely the Court, in arriving at a just sentence for Mr. Padilla, should take into account that he will serve his sentence in hell."
Now that's powerful stuff.
Should Padilla get credit for time served in the brig?
Should he get extra credit because of his treatment?
Should the judge consider the fact that Padilla will likely serve his time at the worst federal prison in America -- ADX Florence?
Here is Caruso on that last point -- from the defense memo:
"By the Bureau of Prisons own admission, ADX Florence is 'hell.' Surely the Court, in arriving at a just sentence for Mr. Padilla, should take into account that he will serve his sentence in hell."
Now that's powerful stuff.
Electing a public defender?
We haven't discussed the recent announcement by Bennett Brummer that he will be retiring and not seeking re-election next year as Miami's Public Defender. (Rumpole has been posting a bunch about it.)
What I find interesting about the state system is that Florida elects its public defenders. I think it's a bad idea to have elections for public defenders (and for judges).
First, how do people campaign for public defender? "I am a really good criminal defense lawyer and will free more criminal defendants than my opponent." I don't think that's going to be too successful.... They certainly can't run on the tough on crime platform. What if a prosecutor decides to run saying that if elected, he would assign the best defense attorneys to the few innocent clients and the rest will rightfully be convicted? Sounds ridiculous, but you see the point.
The federal system has it right -- the public defender should be appointed, based on merit. See, e.g., Kathy Williams.
Luckily, we have had a great Miami PD for the past 30 years in Brummer. It will be interesting to see how this election plays out.
What I find interesting about the state system is that Florida elects its public defenders. I think it's a bad idea to have elections for public defenders (and for judges).
First, how do people campaign for public defender? "I am a really good criminal defense lawyer and will free more criminal defendants than my opponent." I don't think that's going to be too successful.... They certainly can't run on the tough on crime platform. What if a prosecutor decides to run saying that if elected, he would assign the best defense attorneys to the few innocent clients and the rest will rightfully be convicted? Sounds ridiculous, but you see the point.
The federal system has it right -- the public defender should be appointed, based on merit. See, e.g., Kathy Williams.
Luckily, we have had a great Miami PD for the past 30 years in Brummer. It will be interesting to see how this election plays out.
Wednesday, November 28, 2007
Wellington businessman Dan Miteff pleads guilty....
...in the middle of trial.
More here from the Sun-Sentinel:
In a stunning turn, Wellington businessman Dan Miteff changed his plea to guilty this morning at the beginning of the third day of this criminal fraud trial.Miteff entered the courtroom at the U.S. District Court in West Palm Beach late looking ashen and distraught. Then, after conferring with his attorney, Chris Grillo, Miteff told Judge Kenneth Ryskamp, "I plead guilty."Miteff, 56, faced 20 counts in connection with a conspiracy with former County Commissioner Tony Masilotti to purchase 49 acres of land from Archdiocese of Palm Beach County in Royal Palm Beach.
More here from the Sun-Sentinel:
In a stunning turn, Wellington businessman Dan Miteff changed his plea to guilty this morning at the beginning of the third day of this criminal fraud trial.Miteff entered the courtroom at the U.S. District Court in West Palm Beach late looking ashen and distraught. Then, after conferring with his attorney, Chris Grillo, Miteff told Judge Kenneth Ryskamp, "I plead guilty."Miteff, 56, faced 20 counts in connection with a conspiracy with former County Commissioner Tony Masilotti to purchase 49 acres of land from Archdiocese of Palm Beach County in Royal Palm Beach.
Monday, November 26, 2007
Informants in the Liberty City 7 case
Bob Norman of the New Times has this interesting piece about the informants from the Liberty City 7 case. He argues that the jury is not hearing enough of the informants' background. Here's the intro:
One extorted $7,000 from a friend who raped his girlfriend and then, after accepting the money, beat her up and went to jail.
The other failed an FBI polygraph test while working on an undercover investigation, which one former FBI agent says should have disqualified him from ever working for the government again. Oh, and he was also once charged with roughing up a woman.
And these are supposed to be the good guys.
HT: Fake Admiral
One extorted $7,000 from a friend who raped his girlfriend and then, after accepting the money, beat her up and went to jail.
The other failed an FBI polygraph test while working on an undercover investigation, which one former FBI agent says should have disqualified him from ever working for the government again. Oh, and he was also once charged with roughing up a woman.
And these are supposed to be the good guys.
HT: Fake Admiral
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