All posts by Jaaber


PB ASA Michael Smith was kind enough to admit the mystery validly prescribed controlled substance in Lynn Feig Rosenthal’s possession at the time of her arrest was indeed Xanax.  Still, the case was viewed strictly as an Ambien problem, and despite the horrific driving pattern and Alprazolam, dropped to the previously noted Reckless.  Interestingly, defense attorney Brian Silber, who was very much in command during the 2:30 PM plea in absentia, refused to disclose the meds in discussions prior to the hearing, describing the issue as “a private medical concern“.

ASA Smith said Feig Rosenthal’s 595 cell phone video was never reviewed by the PB SAO.  Also, the refusal was tainted, as Feig Rosenthal reportedly wanted to offer up a urine sample, but refused when informed BSO would only take both blood and urine.  Silber was strong on this point, adding Team Rosenthal had prevailed at a DHSMV Formal Review Hearing dealing with those issues.  Additionally, Silber promised a press release explaining his client’s behavior that day to be published later this afternoon, detailing double dosage Ambien issues which he successfully argued caused the arrest.

The plea terms were as follows:

Withhold, 3 months administrative probation, 25 hours CS, substance abuse evaluation, and victim impact panel.  Restitution is ordered and reserved.  Because all the terms have already been satisfied and no follow-up drug/alcohol treatment recommended, the judge’s probation is essentially already over, as early term was part of the deal.

We’ve requested the video from BSO from the Main Jail sally port and judicial parking lot.  It should be public record, now that the case is resolved.  Mainstream media is also hot on the video trail too.

Lots of issues to discuss on this one, so wait for the press release and video …




The Clerk has posted an Information online for Lynn Feig Rosenthal, charging her with one count of Reckless Driving Causing Injury To Property Or Person (citing BSO), denoting Florida Statutes 316.192(1) and (3)(a),(b),(c)1. (1 DEG MISD).

Mainstream media is standing by, in case the 2:30 PM “status conference ” in Room 850 is indeed a quick plea.  If just an arraignment, it would be the quickest one in history, since the Clerk’s computer shows the Information being filed July 22 …

Stay tuned …



Lynn Feig Rosenthal’s case is set for a status hearing today, Wednesday, July 23rd, at 2:30 PM in Room 850.  Bill Altfield is the judge.  The case is still showing unfiled, although that means nothing.  Rumor has it her defense team has been negotiating for a charge of reckless driving, which means they may be trying to sneak a quick plea in this afternoon if Dave Aronberg has agreed.  A waiver of speedy trial has not been filed, and the mystery drugs from the property receipt and videos from the jail sally port/judicial parking lot/cell phone still haven’t been released.  If the hearing is not a plea, it could be in relation to a previously filed motion by Team Feig Rosenthal objecting to her cell phone being searched, and asking for the phone to be returned.  Wait and see …

As for Gisele Pollack, her case is also unfiled at this time.  A representative of the Miami SAO said last week negotiations are still underway, and that a waiver of speedy trial has been executed.  Mike Catalano has joined Eric Schwartzreich in defending Pollack.

Lastly, Cindy Imperato is set for case disposition on August 4th in Palm Beach.  Is she going to trial, or taking a plea?  We’re getting mixed signals on this one.  As for her son’s DUI allegation in Broward, it’s long gone …

Coming Soon – Should Rosenthal, Imperato, and Pollack be allowed to return to criminal?

(Please keep the Anonymous Tips coming.  They’re great, and we’ll get to all of them as soon as the summer doldrums pass)

JQC sanctions judge over relationship with bailiff



Press Release issued today by attorney Jason Blank, on behalf of Gary Sheres.  Though forceful in tone, it does not seem to suggest legal action is forthcoming at this time.  Howard Finkelstein’s response follows.

Several days ago, Broward County Public Defender Howard Finkelstein wrongfully terminated Gary Sheres, a highly-respected Assistant Public Defender. Mr. Finkelstein terminated Mr. Sheres for exercising his First Amendment right to free speech by expressing outrage and revulsion at the atrocious murder of three Israeli students and the celebration that followed. In this regard, Mr. Sheres commented from his personal Facebook account on a Facebook “friend’s” newsfeed. The subject article to which Mr. Sheres’s comments were directed, depicted people of all ages, including young children, reveling in the Israeli teenagers’ deaths with a symbolic three finger salute. The article can be found here: Palestinians Are Celebrating And Praising The Kidnapping Of Three Israeli Teens (Photos).

Mr. Sheres did not disparage people of Arabic or Islamic descent. Rather, he solely expressed disgust at the individuals responsible for the murders and those depicted in the article. The very same disgust shared by millions of Americans, Israelis and conscientious people worldwide over the barbaric acts. In a civilized world, no person can justify these atrocities.

Since wrongfully terminating Mr. Sheres, Mr. Finkelstein has taken this opportunity to inject ethnic discrimination where none existed. A mere 90 minutes after wrongfully terminating Mr. Sheres, Mr. Finkelstein held an office-wide meeting in which he publicly misconstrued Mr. Sheres’s comments before television cameras and reporters present at his request. In the nearly ten years that Mr. Sheres was employed at the Public Defender’s office, regular office-wide meetings were held; however, Mr. Finkelstein never invited the media to attend, record, and broadcast the meetings.

In the days that followed the meeting, Mr. Finkelstein publicly and blatantly lied when he stated that he offered Mr. Sheres the opportunity to apologize and Mr. Sheres rejected that offer. To the contrary, at Mr. Finkelstein’s suggestion, Mr. Sheres prepared a statement apologizing to anyone unintentionally offended by his Facebook comment directed at the atrocities in the article. Instead of assisting Mr. Sheres to disseminate the statement and avoid his comments being taken out of context, Mr. Finkelstein fired him. Then, Mr. Finkelstein embarked on a media campaign amounting to nothing less than a blatant attempt to mischaracterize and misstate the truth and justify his chilling of free speech protected by the First Amendment.

Rather than focusing on his constitutional obligation to defend persons accused of criminal conduct, Mr. Finkelstein, along with C.A.I.R. regional director, Nezar Hamze, have spent the last week maligning Mr. Sheres’s good name. Note, C.A.I.R. – whom Mr. Finkelstein invited as his guest to the televised office meeting – is a controversial organization tied by several sources, including the F.B.I. and U.S. Department of Justice, to Hamas. Hamas, the very same organization responsible for raining rockets down on Israeli citizens, responsible for those specific murders condemned by Mr. Sheres, and classified by the United States and other nations as a terrorist organization. Not the type of group Mr. Finkelstein’s constituents would expect him to align with.

During his media campaign, Mr. Finkelstein has referred to Mr. Sheres’s comments as “hate speech.” Mr. Finkelstein’s misunderstanding and mischaracterization of “hate speech” is particularly disappointing given not only his position as a public official, but as a lawyer. “Hate speech” is the expression of hatred for a particular group of persons defined in terms of race, ethnicity, national origin, gender, religion, sexual orientation and the like, particularly where such expression provokes or incites violence. Expressions of disgust directed specifically at those who celebrate the unjustified kidnapping and murder of children is not hate speech. To make matters worse, in an attempt to justify his improper response to Mr. Sheres’s comments, Mr. Finkelstein outrageously equated the comments to the rhetoric expressed in Nazi Germany leading to the genocide of tens of millions of people during the Holocaust. Such an appalling belittlement of one of the most horrific events in modern history, exhibits Mr. Finkelstein’s skewed perspective on the matter and desire to simply make headlines.

Residents of Broward County and the State of Florida must question the motives of a public official who generates controversy time and time again. For once, one would hope Mr. Finkelstein would face reality instead of the cameras.

Howard Finkelstein’s response:

There were no lies from me.  Mr. Sheres has yet to apologize to the Palestinian-American, Arab-American, and Muslim-American communities.  He sadly still thinks he did nothing wrong and won’t take responsibility for his actions.



Jason Blank, attorney for Gary Sheres, sent the following email earlier today:

“In response to the extensive fabrications and misstatements surrounding Mr. Sheres’s termination from the Public Defender’s Office, we will be releasing a comprehensive statement in the coming days.”

More on Opie & Anthony  later, but given the universal acclaim which greeted Howard Finkelstein’s handling of last week’s events, it seems Jason has a tough road ahead of him …