FUN WITH ODYSSEY

BSO Crime Lab “Touch” DNA issues Tiffany Roy,  a forensic DNA Consultant, in conjunction with attorneys Rich Merlino and Monique Brochu, have BSO hopping.

From an October 2, 2015 email from Roy to the American Society of Crime Lab Directors (ASCLD):

“(After reviewing a BSO Crime Lab case) … serious concerns were raised for me regarding the methods being employed by Broward County in the interpretation of complex DNA mixtures … It appears to me that Broward County is misunderstanding the use of the stochastic threshold and the purpose of determining which locations are to be used for statistical calculations prior to comparing DNA standards to questioned profiles.  The approach they are using now is biased and the result is an overestimation of evidentiary weight, in some cases interpreting evidence that should not be interpreted … I’m certain a great many cases have been effected by this and may warrant a much wider review … ” (emphasis added)

(The email is found here)

ASCLD may have found some irregularities.  From a June 14, 2016 Motion to Compel:

Ms. Roy … indicated that , pursuant to an inquiry and complaint that she lodged … to ASCLD/LAB, as the accrediting agency for the BSO DNA UNIT, she received a response last Thursday, June 9, 2016, from ASCLD/LAB, indicating that her prior complaint to ASCLD/LAB regarding DNA testing by the BSO Crime Lab had been addressed and apparently the Sheriff’s Office has responded to said complaint and a hearing is to be held … Given the fact that a hearing has apparently been scheduled, it is likely that BSO has responded to the complaint and is invoking its due process rights with regard to defending itself on the merits of Ms. Roy’s complaints which strike at the heart of BSO’s policies, procedures, testing techniques, and the related authenticity and accuracy of DNA testing results … ”

(The motion is found here)

(Knife handle swab at issue)

DEVELOPING …

Motion to Dismiss – “Argument: Overtly Racist Targeting By Broward County Sherrif’s Office”, filed by Kevin Kulik in State of Florida  Vs. Louis Hilaire …

Truth to power!

19 APPLY FOR MARKS’ SEAT

1.Thomas Coleman; 2. Nickolaus Hunter Davis; 3. Andrew Demos; 4. Helen Dolland; 5. Martin Fein; 6. Phoebee Francois; 7. Keathan Frink; 8. Pamela Gordon; 9. Michael Heise; 10. Jennifer Hilal; 11. Suzette Hyde;  12. Tara Horvitz; 13. Will Murphy; 14. Shlomi Presser; 15. Michelle Ricca; 16. Madeline Torres; 17. Claudette Vanni; 18. Mariya Weekes; 19. Michelle Zeiger.

YOU MAKE THE CALL!

The following is from a transcript of a sentencing hearing from 2015 before a Broward circuit judge, adult court.  The request for downward departure was denied.  The defendant scored prison because of a residential burglary charge.  The judge is still assigned in the criminal division.

THE DEFENDANT: I still have family here to support me. Keep me moving in the right direction. And I’ve learned. And I have grown from the person that I used to be. And now I see that I want a future. I want to be someone. But I want to earn it. I don’t want people to just look at me and judge me just by the way my hair is or the color of my skin.

THE COURT: They’re going to do that, man. … And I have been judged by the way I look my whole life. And every time a minority commits a crime or gets accused of a crime, that person makes it worse for all of us. Make no mistake about it. Because of what you did, not only are you going to be judged by it, every minority is going to be judged by it. Make no mistake about it. The woman that lives in that house, she’s never going to look at a black person the same way. And that’s your fault. … So when we hear about could a Ferguson happen here? Absolutely. It could happen here. Part of that is your fault. Just like how in Ferguson, nobody seems to care that Michael (Brown) goes into a store, manhandles the store owner, steals the cigars, does all that stuff. Everyone seems to forget. But if the store owner had a gun, a bullet in Michael Brown’s head, he would be dead. No problem. And people wouldn’t have a problem with him being dead.

                        APPROPRIATE OR INAPPROPRIATE?   

                                    WISE OR WORRISOME?

                               CAN YOU GUESS THE JUDGE?

                            YOU MAKE THE CALL!

                                    (Shooting of Michael Brown)

Coming Soon – Sorry guys, Destry can sua sponte mitigate; Serenity Now, Insanity Later or: How Broward Learned to Stop Worrying and Love Judicial Rotation; Three potential CJ candidates thus far, and counting … ; Straw Poll: What division should Weinstein be assigned next July?

WEDNESDAY NOTES

Where’s Weinstein? – we left a couple of messages for Peter Weinstein today, as morale is at an all-time low around the Broward courthouse.  Campaigning judges seem to be everywhere but work, leaving other judges to cover, who then sometimes disappear themselves. It just doesn’t seem right, and you’re paying for it, dear readers.

Case in point, Raag Singhal covering Matt Destry’s docket for days on end, except the ever-volatile Singhal didn’t turn up for work himself last Monday, most notably leaving David Bogenschutz’s high profile defense of Dr. Augustine Bollo to be re-tried before Marty Bidwill.  Singhal’s reportedly out all week, with no return date in sight, at least according to one high-level source who told us today that Raag is “on leave for personal reasons“, and that “he had to take some time“.  Hopefully Weinstein will call back with more definitive answers on Singhal’s status and return, as well as insight regarding workplace expectations for judges who also happen to be running a campaign.

Although the chief judge wasn’t available to talk about the important issues described above, he was thankfully able to send the following email this afternoon arranging a luncheon for visiting 4th DCA judges toward the end of the month.

As follows:

to ALL

On Tuesday, June 28th, Judges Forst, Ciklin and Levine will be hearing oral arguments in our courthouse.  I am setting up a lunch appointment for them to join us. If you are interested, please reply to this email so we can get a count.  I thought Bravos on 17th street would be good as they have good food and ample parking.

Please let me know if you wish to join us.

Peter

We’re not too sure who “ALL” would be, but since judicial email is public record, and since it’s likely taxpayer dollars are being used for everything, in addition to the visiting jurists’ salaries, we think you ought to have a seat at the table too.

Call 954-831-5506 to RSVP …

COMING SOON – What did Matt Destry tell the Sun Sentinel concerning the instigation of mitigation proceedings on behalf of Herbert Smith?;  Kendrick Busby vindicated!

Dave Aronberg’s thin skin leads to raid

BrowardBeat: Lights, Camera, Destry!

C’MON, RON!

ish

Mike Satz’s public information officer Ron Ishoy doesn’t like having his picture taken, as evidenced by this shot from this morning.  Hopefully the ever mysterious Ishoy is working on a press release explaining why, seeing as how he’s paid close to two and a half times the salary* of a starting prosecutor to serve as Satz’s liaison with the community.

Just another day in Broward …

* Ishoy’s current salary is listed in public records at $102,314.28

MOVEMENT …

Peter Weinstein sent the following email this morning:

“I want to update you on the assignments of our newest judges.

Judge Jose Izquierdo will be going to dependency and Judge Michael Davis will be going to first appearance court.

Judge (Jay) Hurley has requested a criminal division so he will be assuming a county criminal division.”

INTRODUCING MICHAEL DAVIS …

From an email by newly appointed county judge Michael Davis, who lives in the Hollywood area with his wife and two kids:

I am a graduate of Hofstra University Law School, class of 2004 and have been a member of the New York State Bar since 2005 and the Florida Bar since 2010.  The majority of my practice has focused on public service in the form of assisting the neediest of our community, children and families.

In New York I served as an Assistant County Attorney practicing in New York State Family Court in the area of dependency.  I then transitioned to private practice focusing on family law, dependency and criminal practice.  After relocating to Florida I joined the Florida Department of Children and Families Children’s Legal Services Division and a prosecutor in Dependency Court, later transitioning to a position as Senior Attorney with the Guardian Ad Litem Program, and Finally a Senior Assistant Attorney General with the Child Support Enforcement Division.

I became an attorney with the goal of helping those in need, and through my practice of assisting children and families I became keenly aware of the need for knowledgeable and compassionate Judges in our County Court system, which is why I sought this position.

I truly look forward to serving the people of Broward County.

COMING SOON – Regarding movement, we’re hearing: Jay Hurley to Division MP (Olga Levine’s old downtown division), potentially making room for TV Face Time for challenged judges; Jose Izquierdo to Dependency … Michael Davis to ? …

BrowardBeat: Broward Courthouse Capers

NYT: Supreme Court Finds Racial Bias in Jury Selection

Justice Advocacy Association of Broward