Wednesday news and notes

1.  Congrats to Todd Scher who obtained a new trial for his death-row client before Judge Seitz.  From the NY Times:

These days, Mr. Holland is represented by Todd G. Scher, a Miami Beach lawyer who won in the Supreme Court and persuaded Judge Seitz to order a new trial. A spokesman for the Florida attorney general’s office said prosecutors would ask Judge Seitz to reconsider her ruling.

Mr. Scher said he did not know who would represent Mr. Holland at a retrial. For now, he said, what was clear was that a federal judge had found “a blatant Sixth Amendment violation.”

“It shows that he was right,” Mr. Scher said of his client. “He had concerns about his prior series of lawyer, and his concerns turned out to be valid.” 

2.  Fitzroy Salesman was in the 11th Circuit yesterday, and represented by all-around good person Ashley Litwin.  From the Sun-Sentinel:

Ashley Litwin, Salesman's appeals lawyer, told the judges on Tuesday that Salesman had acted like an NBA star on suspension from his team contract who worked on a beer commercial but wasn't paid for it until after he returned to the team.
But Assistant U.S. Attorney Carol Herman said the analogy wasn't a good one "because elected officials are held to a higher standard than sports figures."

 Really? In Miami, I think sports figures are held to a higher standard...

Oh man, this is really bad

Check out this report by the Washington Post:

Justice Department officials have known for years that flawed forensic work might have led to the convictions of potentially innocent people nationwide, but prosecutors failed to notify defendants or their attorneys even in many cases they knew were troubled.


Officials started reviewing the cases in the 1990s after reports that sloppy work by examiners at the FBI lab was producing unreliable forensic evidence in court trials. Instead of releasing those findings, they made them available only to the prosecutors in the affected cases, according to documents and interviews with dozens of officials.

In addition, the Justice Department reviewed only a limited number of cases and focused on the work of one scientist at the FBI lab, despite warnings that problems were far more widespread and could affect potentially thousands of cases in federal, state and local courts.


As a result, hundreds of defendants remain in prison or on parole for crimes that might merit exoneration, a retrial or a retesting of evidence using DNA because FBI hair and fiber experts may have misidentified them as suspects.

Now what?  Read the whole piece; it's long but worth your time.

"Which office do I go to get my reputation back?

That was Ray Donovan after he was acquitted.  I was reminded of that quote while posting the Bar letter to Lewis & Tein in the post below, which "regrets any confusion" that was created by saying that the two lawyers were being investigated for perjury or the motion to recuse.  Turns out that the Bar isn't investigating any such thing and is instead merely "monitor[ing] the underlying civil proceedings."  Which office do they go to to get their reputations back?

There's been an awful lot of schadenfreude going around town lately.  Remember Alan Shore's closing argument in Boston Legal:

Shadenfreude. From the German words, Schaden and Freude, damage and joy. It means to take spiteful, malicious delight in the misfortune of others. We used to dismiss this as simply an ugly side of human nature, but it is much much more than that. Recently a Stanford professor actually captured Schadenfreude on a brain scan. It’s a physiological medical phenomenon. When we see others fall it sometimes causes a chemical to be released in the dorsal striatum of the brain which actually causes us to feel pleasure. If you watch the news or read the papers, which of course you don’t because the Judge said not to, but if you did, you would see the undeniable delicious joy of the media and the public over Kelly Nolan’s plight. I have no doubt that you want Kelly Nolan to be punished. She married for money, she had an affair, she carried on naked in the pool with her boyfriend. She’s cold, materialistic, unlikable, and it might bring you all pleasure to see her go to jail. But as for evidence to establish that she committed a murder beyond all reasonable doubt? It just isn’t there. The only possible route to a guilty verdict here is Schadenfreude.

Guy and Mike are good, aggressive lawyers, and people don't like that. The Florida Bar's letter today proves they don't deserve the press they've been getting.

Why one shouldn't rush to judgment....

... even when it's reported in the newspaper.  Lots of people in town have been quick to jump on the Lewis/Tein bar investigation.  Problem is that it was misreported.  Here's the Florida Bar letter from today, apologizing:

April 16, 2012

 

Mr. Guy A. Lewis

Mr. Michael Ross Tein

Lewis Tein PL

3059 Grand Avenue, Suite 340

Coconut Grove, FL  33133-5166

Re:      Complaint by The Florida Bar against Michael Ross Tein

            The Florida Bar File No. 2012-70,334(11G)

            Complaint by The Florida Bar Bar against Guy A. Lewis

            The Florida Bar File No. 2012-70,335(11G)

Dear Mr. Lewis and Mr. Tein:

Newspapers recently reported information pertaining to your representation of Tammy Gwen Billie and Jimmy Bert, some of which was attributed to The Florida Bar and some of which was not accurate.  Pursuant to our discussions, please be advised as follows:

            1.         The Florida Bar does not now nor did it previously have an investigation                                        pertaining to your Motion to Recuse Judge Dresnick, as was previously reported.

            2.         The matter which is pending at Grievance Committee pertains only to Judge                                  Dresnick's $3500 sanctions order and not to “perjury” or any other issue or                                     allegation, as was previously reported.

            3.         As discussed, the Florida Bar continues to monitor the underlying civil                                           proceedings.

 
The Bar regrets any confusion caused by the recent news reports.

Sincerely,

/s/ 

ARLENE KALISH SANKEL

Chief Branch Discipline Counsel

cc:        Mr. Kendall B. Coffey, Esq.

UPDATE -- The Herald issued this correction today.  They were given the bad information by the Bar:

Because of incorrect information provided by the Florida Bar, a story in Friday's Metro section gave an inaccurate account of the Bar’s investigation into Miami lawyers Guy Lewis and Michael Tein. The Bar is not investigating the lawyers for their assertion — in a recusal motion involving their clients, two Miccosukee Indians — that Miami-Dade Circuit Judge Ronald Dresnick was biased against Native Americans. The story also mischaracterized the status of two other related allegations. The Bar’s grievance committee is investigating Lewis and Tein’s failure to turn over financial records of their clients. The Bar’s staff is monitoring the lawyers’ assertions regarding the source of their clients’ payments.

Secret Service, GSA in trouble

Not a good weekend for the government.

Prostitution in Colombia for the Secret Service...  The cover of the NY Post is pretty funny:





And Jeff Neely of the GSA is going to plead the Fifth today over a conference in Vegas that cost $822,000:

On Thursday, House Oversight and Government Reform Chairman Darrell Issa (R-Calif.) served a subpoena to require Jeff Neely to appear before the committee, according to Democratic committee documents obtained by POLITICO. Neely’s attorney on Friday informed the committee Neely will exercise his right against self-incrimination and requested not to attend the hearing.

What happens in Vegas (and in Colombia) apparently does not stay in Vegas.