Saturday, February 09, 2008

AUSA allegedly assaulted by local lawyer

Saturday is usually a slow blog day, but loyal readers asked me to post this story from the Sun-Sentinel about a local attorney being arrested for assault on an AUSA in Ft. Lauderdale, so here it is:

A private attorney has been charged with physically assaulting a federal prosecutor in a Fort Lauderdale courtroom by shaking her hand up and down so hard that it injured her shoulder.Kathy Brewer Rentas spent Thursday night in solitary confinement at the Miami Federal Detention Center. She was released on a $100,000 bond on Friday morning and ordered to get a psychological evaluation to see if she needs counseling or anger management training."It all stems from a handshake," said Brewer Rentas' attorney, Gwendolyn Tuggle. "In her mind she never intended to cause any harm to any federal official."

Just a handshake, huh? Let's see....

Brewer Rentas, 49, of Pembroke Pines, went to court Thursday morning for a hearing involving her husband, Anthony Rentas, who is on federal probation for distributing cocaine in New York.

Rentas admitted violating the terms of his release.After U.S. District Judge William Zloch ordered that Rentas be put on house arrest for 90 days and complete his probation, court officials said Brewer Rentas insisted on shaking hands with Assistant U.S. Attorney Jennifer Keene.

"Keene did not shake Brewer's hand at first, but Brewer insisted that she do so and continued to follow Keene," wrote Deputy U.S. Marshall Robert Kremenik in a misdemeanor arrest report."Brewer forcefully grabbed onto Keene's right hand and squeezed it, pulling Keene toward her, forcing Keene off balance. With Keene in hand, Brewer made an upward, then a quick downward motion and pulled Keene toward the ground moving her forward, almost causing Keene to fall to the ground," the marshal wrote.

Keene's head and neck were snapped forward, then backward, as a result of the force applied by Brewer Rentas, causing Keene's shoulder and arm to be jerked forward, Kremenik wrote.

Gilberto Pay, a court security officer, told investigators that Brewer Rentas almost pulled Keene's arm out of its socket. He said he thought it was an intentional act to assault Keene. "He said that it was definitely more than a handshake," according to court records.

Yikes. That hurts!

Brewer Rentas, a commercial litigation attorney for a prominent Hollywood law firm, is charged with a federal misdemeanor. If found guilty, she faces a maximum penalty of up to one year in prison. She could also face disciplinary proceedings by the Florida Bar, the organization that polices attorney conduct.

That firm is Becker Poliakoff (I think). And here is her profile (I think). I say I think because I couldn't find a Kathy Brewer Rentas on the Florida Bar website. I could only find Kathy Rentas.

Keene was out of work on Friday because of the injury and declined to comment when reached by phone.Alicia Valle, a spokeswoman for the U.S. Attorney's Office in South Florida, said prosecutors are threatened on occasion but an allegation of assault by a licensed attorney in a courtroom is unusual."Assaulting a federal officer is something that we will take very seriously and prosecute vigorously," Valle said. "As a member of the bar, she should know better."

SDFLA blog readers -- assuming the facts as true, what should happed to Ms. Rentas? For the record, I know Jennifer Keene. She is professional and very fair. If someone had asked me to guess which AUSA was assaulted, she would be the last person I would think of.

Friday, February 08, 2008

Fed Bar Judicial reception last night

The reception last night was a huge success. I think just about every federal judge and magistrate attended. And there were about 500 other attendees. I will post pictures as soon as I have some. Good times...

Next events:

A small luncheon on February 21 for PDs and AUSAs to discuss jury selection with panel of Judge Altonaga, Judge Huck, Jeff Sloman, and Michael Caruso. It's free and lunch will be served.

and

Judge Marcia Cooke to speak at lunch on March 12 at the Banker's Club.

If you are interested in either of these events, please email Lourdes Fernandez: Lourdes_Fernandez@flsd.uscourts.gov

Thanks!

More on Ben

Some interesting points --


1. The Southern District of Florida U.S. Attorney's Office did not sign the indictment. It recused.


2. Ben's legal team has already filed a motion to ask for an early status conference to address "unprecedented" issues.

3. Lots of coverage around the blogosphere and the press. TalkLeft, AbovetheLaw, Discourse, WSJ.

4. Did Ben's politics have something to do with it? Some have contended that because Ben is a liberal Democrat, he may have been targeted. Others disagree. What do you all think?

I note here that I previously posted quotes from Jeff Weiner, a nationally respected criminal defense lawyer who is actively defending Ben publicly and privately. Jeff had one quote in the DBR about his perception about the prosecutor in this case. It did not occur to me that someone -- especially anyone that knew Jeff -- could misread the quote as defending the prosecutor or the prosecution. Apparently, some people did misinterpret Jeff's quote. For that I am sorry, and I wanted to clear this up -- Jeff believes that Ben is innocent and that the prosecution is unjust. He also believes that Ben is being prosecuted because he is a prominent criminal defense lawyer, not a prominent Democrat. The quote from the DBR unfortunately only had this last part and may have left the reader with the wrong impression. I hope this update clears that up.

Thursday, February 07, 2008

Sad day


Typically I try to blog objectively and just report what is occurring in our District.

Today I can't do that because what happened this morning in magistrate court should not have happened.

Ben Kuehne, one of the pillars of this community, was indicted on money laundering charges. (read indictment here)

The government's theory of prosecution is outrageous. According to Jay Weaver's article:

Justice Department officials allege that Kuehne broke the law in 2002-03 when he vouched for millions paid by one-time MedellĂ­n drug lord Fabio Ochoa Vasquez to his high-profile trial attorney, Roy Black.
Kuehne's research gave Black the confidence -- in the form of legal opinion letters -- to accept payments totaling $3.7 million in fees and $1.3 million in expenses from Ochoa, according to several sources. Kuehne earned a portion of the expense payments -- $220,000 to $260,000 -- from Black for vetting Ochoa's payments.


**


Federal prosecutors face a formidable challenge in proving the case against Kuehne. They will have to prove that Kuehne knew Ochoa's money came from the sale of family assets to drug-trafficking associates...


This means that Ben had to have knowingly and willfully lied to Roy when telling him that the fee was okay. But what motive would Ben have for doing this? The money certainly wasn't enough to risk all of this. And Ben Kuehne of all people wouldn't have done these things for a million dollars. He's as ethical a person and lawyer as I know. I'll comment a lot more on the charges once I've had a chance to digest the indictment which was unsealed this morning in mag court.


We all know the real reason for this prosecution -- to discourage lawyers from taking these kinds of cases.

I went to court to support Ben. Half of the legal community was there to show their support. (He was released on a $250,000 personal surety bond.) Watching this unfold really stuck in my gut. I am still in disbelief. I actually had a case in the past with the lead prosecutor from DOJ. I went up to him to say hello and he exclaimed without prompting: "This is a wonderful day for the government." The comment was unnecessary and it sickened me.

I walked away from him thinking just the opposite. This is a terrible day for our country. Ben will be acquitted. But at what cost to him? And our justice system? Now, more than ever, it's critical to fight for our Constitution and our justice system.

In court, Ben commented to Magistrate Judge Brown: "since I am completely innocent of these charges, I am entering a plea of not guilty.'' He is represented by John Nields and Jane Moscowitz.

A bit of good news -- the case was assigned to Judge Marcia Cooke. As I have commented before, she is as fair and just.

UPDATED -- here's a DBR story about the case.

Wednesday, February 06, 2008

A good argument for cameras in the courtroom.


Check this out.

The real action occurs at 7:06 on the video counter, followed by moaning from the lawyer (off-camera).