Tuesday, September 02, 2008

More polygraphs


John Pacenti covers the recent use of polygraph testing here. The intro:

For Leonard Bierman, the sentencing hearing for Fred Massaro illustrated polygraphs can be a valuable — and reliable — tool in court. Massaro of Sunny Isles Beach faced sentencing in a mob case for racketeering and the murder of a woman found bound in a truck on the outskirts of the Everglades. He passed a lie detector test when asked if he killed exotic dancer Jeannette Anne Smith, whose body was found in a stereo box beneath a boat ramp. But U.S. District Court Judge Paul C. Huck dismissed the finding and sentenced Massaro to life in prison in 2002. “That’s when co-defendant Ariel Hernandez stood up in court and said, ‘Your honor, I did the woman,’ ” Bierman said. Massaro died in prison before his appeal could be heard but, for Bierman, it showed the lie detector worked. He said his findings as the examiner were consistent with the “ground truth.’’

Full disclosure -- I just used Lenny Bierman as a witness in federal court.

Monday, September 01, 2008

Gustav, Hanna & Ike


Shouldn't we be able to stop these things? Apparently they stopped trying in the 60s, but now they are trying again.

Labor Day

If you are working (like I am), then the good news is that Starbucks is open. Bad news -- the parking ticket guys are out in force.

Wednesday, August 27, 2008

"People the world over have always been more impressed by the power of our example than by the example of our power."

What an awesome line by Bill Clinton at the DNC tonight.

Live blogging the fire alarm

So we were in a hearing with Judge Seitz when the fire alarm went off. And we only had 60 seconds until the hearing was over. Ahh, the new courthouse gremlins at work.

Tuesday, August 26, 2008

"Two words, your honor,Not guilty."

That was Charles Kuck said in his opening statement to Immigration Judge Kenneth Hurewitz for his client Lyglenson Lemorin. You remember Lemorin -- he was the one defendant who was acquitted from the Liberty City 7 trial (Joel DeFabio was his lawyer). The others have had two hung juries. But no matter for the government -- it is seeking to deport Lemorin saying he was actually guilty.

I'm sorry, but this is outrageous. Why have a jury system if the government can just say it doesn't matter? While the other defendants from the case are out on bond, Lemorin has been in an immigration cell waiting to yet again prove his innocence.

Here's Vanessa Blum's article on the case. It's time for Lemorin, a 20-year resident with no prior convictions, to go home to his family.

Monday, August 25, 2008

Election Day

Tuesday is election day for state judges in Miami. As I look through the information available about most of the candidates, I become more convinced that the federal appointment system is superior.