YOU MAKE THE CALL!

From the Sun Sentinel, Broward deputy won’t face trial in fatal shooting of Jermaine McBean, by Rafael Olmeda:

“(The Judge’s) ruling is thought to be the first instance in Florida of a law enforcement officer being cleared of a criminal charge under “stand your ground.” …

The decision by Broward Circuit Judge Michael Usan, dismissing a manslaughter charge against Peraza, will be appealed by prosecutors, according to a statement from the Broward State Attorney’s Office …

“While we respect the court’s decision, we disagree with its conclusion,” (the SAO) said in a statement emailed to media. “We believe, based upon an appellate court decision, that a law enforcement officer is not entitled to a dismissal of the charge based upon the Stand Your Ground Law … “

HERE is the referenced, non-binding, 2nd DCA Opinion, STATE v. CAAMANO.

and HERE is Mike Usan’s order distinguishing Caamano, specifically from pages 28-34 …

Who got it right?  Usan or the SAO?  What will the 4th DCA do?

YOU MAKE THE CALL!

The Ledger: Appeals Court Rules ‘Stand Your Ground’ Not For Cops (2012)

SS ENDORSEMENTS

DAVID SALOMON over circuit incumbent MCCARTHY

“Appointed in 2009, McCarthy, 63, was elected to the six-year seat in 2010. But her tenure has been marred by complaints about her demeanor and performance. In 2015 she was overturned 11 times on appeal …

Although some attorneys say McCarthy is a fine judge, too many others told us she’s unreasonable, ill-informed and that they try to avoid her courtroom …

McCarthy’s judicial tenure got off to a bad start. In 2011 she presided over the trial of a wealthy man named Ryan LeVin, who ran down and killed two British businessmen while driving his Porsche drunk in Fort Lauderdale.

McCarthy outraged many people when she sentenced LeVin to two years of house arrest at his parents’ comfortable condo after the widows of the dead men agreed to a hefty settlement of a wrongful-death case …

McCarthy also noted several times that she had taught special-needs children before becoming a lawyer. She indicated that experience provided her with insights that serve her well as a judge.

That does not appear to be the case, however. Attorneys who have appeared before her say she’s a well-intentioned woman who is simply overwhelmed by the intensity and complexity of the job.

It’s time for her to go.”

(Mike Mayo: Checkbook justice cheapens us all – 2009)

STEVE ZACCOR, county group 8

KAL EVANS, county group 2

SS: Matt Destry draws four challengers

“RESTRAINED”

MYSTERY SOLVED:

1

2

3

(Click to enlarge)

Details are sketchy, but BSO reps did half-heartedly (and unofficially) admit a few minutes ago that a man was caught in the courthouse this morning with a knife.  Requests for more information or specifics on the incident, and how (or if) the weapon got into the courthouse, were politely declined.  A source said word went out over the radio that the individual had been restrained (detained?), at roughly 9:00 AM …

UPDATE – BSO folks are being unusually tight-lipped about this one.  We’ve been told the weapon was discovered at the magnetometer, but also that a BOLO was issued, and that a courtroom may have been placed on lockdown.  In any event, mainstream media is following-up, so stay-tuned …

NEVINS ON “all-White” SS EDITORIAL BOARD

Controversy At Sun-Sentinel Over Hiring White Over Minority For Editorial Board, by Buddy Nevins

“When I started out at the Sun-Sentinel in the very early 1970s, the only blacks I remember in the newsroom were janitors.

One loudmouth reporter would regularly yell ethnic slurs aimed at women, Hispanics, Jews, blacks and gays. Shouted across the newsroom.

The editors did nothing.

When I approached an editor with a story of a black man who was murdered, I was told, “We don’t do N…. murders.”

The Sun-Sentinel was a place for Whites and Whites only.

The newspaper changed less than a decade later. A major effort was made to hire black, Hispanic and female journalists. Openly gay journalists were accepted in the newsroom. It was not enough, but a welcome change.

Which may be why several sources complained to me when (Editorial Page Editor) Rosemary O’Hara last week picked a white writer to fill openings on her Editorial Board. The hiring of Andrew Abramson follows the departure of Doug Lyons, an African American, and Daniel Vasquez, a Hispanic …

Companies and government everywhere (have) faced questions about the lack of diversity in board rooms. It has been an issue in the Broward County Courthouse as many came to recognize that there are far too few minority judges … ” (emphasis added)

I was the Sun-Sentinel’s Miami bureau chief for almost eight years. I could never understand the Cuban, Haitian and Nicaraguan communities like my very able reporters who grew up among those people … ”

(Full article by BrowardBeat.com’s Buddy Nevins here)

Resiles back in jail again Dayonte Resiles appeared before Raag Singhal this morning.  Security was tight, with a large crowd of supporters wearing “Justice For Moochie” and “Free My Daddy” tee-shirts in the hallway outside.  Dohn Williams, attorney for Resiles, confirmed on camera that his client will not be seeking disqualification of Singhal, because the judge was just one of many witnesses to the escape … (pictures to follow)

DEADLINE: Monday, August 22nd, 5:00 PM.  That’s the cut-off to get your applications in to replace BOTH Renee Goldenberg and Dale Ross on the circuit court …

11:00 AM UPDATE – there are reports that a man was running around the courthouse with a knife this morning … Developing …

SUNDAY NOTES

Deadline: Monday, August 15, 2016get your applications in by the 15th if you hope to replace Matt Stevenson on the Fourth DCA.  An interesting group of Broward jurists are rumored to be applying.  Stay tuned to review their applications …

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VIDEO: BSO Deputy returns shopping cart to Publix

Mixed Messages – The Sun Sentinel endorsed Judge Ian Richards‘ reelection bid in 2014, with these words:

“Statistically, black candidates in judicial races face long odds in primary elections. Yet, in his first campaign, Richards pulled off a stunning upset. He ran a low-budget but shrewd race against a heavily favored incumbent Hispanic judge.

This time, Richards is campaigning on his record, which is a pretty good one, and the Sun Sentinel Editorial Board recommends voters re-elect him. His accomplishments as a sitting judge far outweigh any controversy over how he ran for office six years ago.

Richards, 39, is an independent thinker with a reputation for efficiently running his courtroom in the county’s South Regional Courthouse. He serves in the court’s domestic violence unit and hears both civil and criminal cases.

In his first term, Richards cut the number of active domestic violence cases from 1,100 to under 500. He ranks among the top 5 percent of county judges presiding over jury trials. And fewer than 0.1 percent of his decisions have been reversed on appeal … “

Cut to 2016, when the Sun Sentinel had this to say about Richards in his race to unseat politico Nina Di Pietro, appointed in 2015:

“Ian Richards served as a county judge for six years. He was elected in 2008, but lost his re-election bid in 2014 to Claudia Robinson. He has been working with a private law firm since his defeat.

Richards’ ascension to the bench was controversial, too. Richards is African-American and ran a campaign that kept his photograph out of sight. He didn’t even attend the Sun Sentinel endorsement interview that year. His defenders say it was a clever and defensible strategy in a county that does not elect many black judges …

But his critics say that Richards could be arrogant and ran a disorganized courtroom. He acknowledged during his endorsement interview that he “has done some soul-searching” about his judicial demeanor since his election defeat.”

Just another day in Broward …

COMING SOONGrossman v. Bryson!

Black lawyers support Mark Hulsey against allegations

WHO SAID THAT?

“(AFRICAN-AMERICANS) SHOULD GO GET BACK ON A SHIP AND GO BACK TO AFRICA”

Who Said it?

hulsey

Mark Hulsey, circuit judge, Jacksonville

OR …

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Napoleon Broward, who greets all minority defendants in the breeze-way entrance to felony court in Broward County?

OR …

BOTH?

ANSWER:

JQC v. HULSEY*

and

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(Click to enlarge, copyright 1972: The Miami Herald)

Mr. Weinstein, tear down this statue!

* JQC accusations

Justice Advocacy Association of Broward