Tuesday, November 24, 2009

The U



Friends of Blog Alfred Spellman and Billy Corben (of Cocaine Cowboys fame) are now coming out with the U, which will air on ESPN December 9. Barry Jackson has a piece on the documentary today. Apparently, UM didn't cooperate... I never understand that. The movie is going to get made; you might as well cooperate. From Jackson:

Inside a Miami Beach office that feels like a not-too-reverential Hurricanes shrine, the finishing touches are being applied to the documentary of record on the University of Miami football program.
Stacks of old newspaper clippings and UM media guides sit atop a table. A Ray Lewis action figure poses menacingly on a desk, and a stuffed ``Ibis'' lurks across the room. A UM pin cushion and Canes pillow are propped on the couch.
Director Billy Corben and producer Alfred Spellman aren't only accomplished filmmakers -- they're also former UM students. Corben believes Canes fans will be pleased when their two-hour documentary, The U, airs at 9 p.m. Dec. 12 on ESPN, in a high-profile slot following the Heisman Trophy show.
``For Canes fans, this will be a reminder of what they loved about this team. For Canes haters, this will be a reminder of what they hated about this team,'' said Corben, who has crafted six films with Spellman, most notably Cocaine Cowboys. ``I'm also hoping the haters might walk away with some passing appreciation of what the team brought to the table in terms of their pop culture contributions, the merger of sports and entertainment, the style of game played.
``The criticism of the team has been well-documented. We certainly review it. But this is really a Canes talk-back, a Canes rebuttal kind of piece. There's no dearth of incredible highlights of both sensational plays and over-the-top celebrations.''
UM WON'T PARTICIPATE
But Corben said UM refused to participate and would not allow the filmmakers to interview coach Randy Shannon, former athletic director Paul Dee or former president Tad Foote, though old sound bites from Foote appear in the film. According to Corben, former coach Dennis Erickson and several former Hurricanes players said they disregarded UM's request that they not grant interviews.
``It upset me to no end,'' Corben said of UM's resistance. ``I felt disrespected and unappreciated by my alma mater. Early on, [UM athletic department spokesman] Mark Pray told me, `You should rethink even doing this project.' It was a display of rudeness, disrespect and ignorance. UM has a persecution complex about that era.'' As a result, Corben said he resigned from UM's Citizens Board, which supports the university's philanthropic efforts and promotes UM's programs.
Jackie Menendez, UM's vice president/communications, said the school declined to allow the interviews or participate in the project because Corben wasn't willing to allow UM officials to read the script in advance. Corben said he never was asked for a script -- ``a documentary doesn't have a script'' -- but that he sent UM a treatment, which is a two-page synopsis of the project.


When Devin Hester heard that UM wasn't cooperating, this was his reaction, showing his Bear/bare behind.

The movie should be great. I'm looking forward to it. Luke Campbell has the title track:



In other news, a Miami pastor was convicted before Judge Huck yesterday after a lengthy trial. He was convicted of committing $7 million in fraud.

Rothstein was apparently paying his lawyers and staff with ponzi proceeds. This keeps getting uglier and uglier. Bob Norman has pics of his house and lots of other news.

An agent who was kidnapped in Colombia has been released:

About three hours later, ``Fat Man'' returned to the cabin with one of his men, who told Ortiz that they knew he was a federal agent.
They were visibly nervous, Ortiz told the FBI.
The man removed Ortiz's handcuffs, repeatedly saying, ``Our apologies, brother.''
Once his hands were free, Ortiz saw that his apologetic guard carried a revolver in a belt holster and asked him for it. The man surrendered it.
Ortiz also asked for a car, a demand accepted by his kidnappers. One of them drove him to the city.
Ortiz arrived on his own at the hotel, where a contingent of Colombian police officers and U.S. agents were waiting for him so they could take him immediately to Bogotá.



Sunday, November 22, 2009

Did you know that the Sears Tower is now called the Willis Tower?


I sure didn't.


Anyway, the leader from the Liberty City group -- Narseal Batiste -- who was convicted of attempting to blow up that building was sentenced to 13 1/2 years by Judge Lenard. She sentenced brothers Burson Ausgustin, 24, and Rotschild Augustin, 26, to six and seven years in prison. Patrick Abraham, 30, received more than nine years and 34-year-old Stanley Phanor, eight years. Prosecutors had asked for 70 years for Batiste and 30 years for the others. I was happy to see that Judge Lenard rejected those requests. From the BBC:

Sentencing Batiste, US District Judge Joan Lenard said: "You've done great harm to yourself, your family, the young men who were your followers, and you've violated the trust of your country."
Batiste apologised for the plot in court, saying he had "wanted respect".
"I wanted to be this person that I really wasn't. I've never been a violent person," the Associated Press news agency quoted him as saying.

Anyway, hope you have a nice Thanksgiving week... I'm trying to figure out my new iPhone. I think I miss my BlackBerry....

Thursday, November 19, 2009

News & Notes (Fins edition)

It's been a long day, so I'm trying to cheer up in watching the Fins. So far, so good. 14-3 as we speak. Here we go with some news & notes:

1. Who wants to be a Magistrate? There's an opening in the District. The salary is $160K and to apply, you need to be less than 70, a member in good standing of the bar for 5 years, and not related to any judge in the district. Chief Judge Moreno has put together this selection committee:


Chair:David Rothman, Esq.
Rothman & Associates, P.A.


Georgie Angones (non-attorney)
Assistant Dean, Development & Alumni Relations

Jacqueline Becerra, Esq.

Greenberg Traurig PA

Robert Brochin, Esq.
Morgan Lewis & Bockius

Maria Christina Enriquez (non-attorney)

Paul Huck, Jr., Esq.
Colson Hicks Eidson

Manuel Kadre, Esq.

Todd Omar Malone, Esq.
The Malone Law Firm

Sonia Escobio O'Donnell, Esq.
Jorden Burt LLP

Vivian Perez-Siam (non-attorney)

Abigail Price-Williams, Esq.
Miami-Dade County Attorney's Office

Joseph Raia, Esq.
Gunster Yoakley & Stewart, PA

Alejandro Soto (non-attorney)
President & CEO, Insource, Inc.



Let's hope the committee acts more quickly than Obama.

2. More Liberty City sentencings today (AP). Judge Lenard has been sentencing the defendants to what looks like reasonable sentences in light of the facts of this case even though the government has been asking for 30+ year sentences:

Four men described as soldiers in a terrorism plot to destroy Chicago's Sears Tower and bomb FBI offices have each been sentenced to less than a decade behind bars, far less than federal prosecutors sought.
U.S. District Judge Joan Lenard, in sentencing hearings Wednesday and Thursday, said the four were followers who participated far less than ringleader Narseal Batiste in discussions about possible terrorist attacks. The conversations were recorded by the FBI using an informant posing as an al-Qaida operative.
The plot never got past the discussion stage, which has led defense attorneys and national terrorism experts to describe the case as overblown since the "Liberty City Seven" were arrested in June 2006. Lenard appeared to share that sentiment, at least for the four who were sentenced.
"As I see this case, these young men were looking for something. I don't know, maybe it was their naivete and youth that made them fall under the influence of a man with a need to control and they became his followers," Lenard said.
Prosecutors sought between 30 and 50 years in prison for each of the four men, with Batiste facing a maximum of 70 years when he is sentenced Friday. They were convicted in May in the third trial of the case following a pair of mistrials, and two of the original suspects were acquitted.
Lenard sentenced Batiste's self-described "No. 1 soldier," 30-year-old Patrick Abraham, to just over nine years Thursday. Stanley Phanor, 34, got eight years and two other men were sentenced to even less time Wednesday. Lenard said a terrorism enhancement that applies in each case would result in an unreasonably harsh sentence, so she opted for leniency.
Abraham, a Haitian native who has been jailed since his 2006 arrest, apologized for what happened but insisted he never sought to be a terrorist.
"I am not nobody's enemy," he said. "I am not the government's enemy."


Batiste to be sentenced next.....

3. Kathy Williams was honored by UM yesterday. I asked one of my favorite readers who was there to give me a quick summary of the event:

Kathy Williams received the Lawyers in Leadership Award last night from UM's Center for Ethics & Public Service for her "dedication to public citizenship and leadership." Examples of Kathy's professionalism, leadership, dedication, and intellect, were highlighted by several speakers (Michael Caruso, Celeste Higgins, and Ricardo Bascuas), and included the fact that Congress cited Kathy's FPD's office as a model defender's office. Spotted in the packed room were Judges Moreno, Seitz, O'Sullivan, and Palermo. Kathy's speech was short and sweet, thanking all those who guided her and expressing gratitude for being able to "work with her heroes."

Even if you don't know Kathy, you've probably benefited from her national and local work related to indigent defense. Congratulations to her for this well-deserved accolade.


4. Prof. Bascuas, a FPD alum, spoke at Kathy's event. If you haven't recently, you should check out his blog. Lots of fun stuff.

5. Tom Withers writes in re his case below:

Mark Shelnutt was and is innocent of each and every charge brought against him. Mark represents what is good and right about criminal defense lawyers. He tries to right wrongs when he sees them. He brings a passionate intensity to defending his clients. And, most importantly, he believes in our system of justice and trusted the jury to fairly listen to the evidence, which they did.

Wednesday, November 18, 2009

Lawyer acquitted in federal court in Georgia

Friends of the blog, Tom Withers* and Craig Gillen, walked a lawyer (Mark Shelnutt) today in Columbus, Ga. Shelnutt was charged with money laundering and drug offenses. The judge read 36 not guilty verdicts:

At 2:45, Land began to read.
“Count One, conspiracy to launder money,” the judge said. “Not guilty.”
“Count Two, aiding and abetting a conspiracy to distribute cocaine. Not guilty.”
“Count Five, money laundering. Not guilty.”
Then the judge’s words, cadence and diction took on a lyrical quality. The chorus, time and again, was “Not guilty.”
Thirty six times Land read a charge and followed it with not guilty.
By the time Land was finished, Shelnutt’s supporters, a combination of family and friends, many of them connected to St. Luke United Methodist Church, were cheering.


I'm sure Ben Kuehne and his legal team have been following the case...

*Tom runs his own blog here.

"Liberty City terror suspect gets 6 years in prison"

The first of the Liberty City defendants -- 24-year-old Burson Augustin -- was sentenced today. The government sought the maximum -- 30 years. But Judge Lenard did the right thing and sentenced Augustin to 6 years. From the AP:

A judge on Wednesday handed a six-year jail sentence to one of five men convicted of plotting to blow up the tallest building in the United States, Sears Tower, and swearing allegiance to Al-Qaeda.
US District Judge Joan Lenard found that Burson Augustin, 23, played a minor role in the conspiracy and gave him a far lighter sentence than the 30 years that prosecutors had been seeking.
In handing down the sentence, Lenard said: "Islamic terrorism is one of the most tremendous problems that this country now confronts... this defendant took an oath to Al-Qaeda."
But she added that Augustin's actions might have been affected by other factors. "This was a young man who for whatever reason, perhaps lack of education or lack of direction, came under the influence of Narseal Batiste."
Augustin's attorney Louis Casuso, had asked for leniency, telling the court that "when you are young, you say a lot of stupid things and you go through a lot of stupid things."