Kevin Kulik and Mitch Polay spent the last five days trying to pick a jury in the death penalty trial of accused Dunkin’ Donuts killer James Herard, only to be stymied by the Florida Supreme Court. It’s not often one death penalty proceeding interrupts another, but that’s exactly what happened today, after the Supremes issued this Order this morning in the Robert Henry matter.
Henry’s execution was set for March 20th on Valentine’s Day, prompting his attorney Kulik to reprioritize his to do list. Paul Backman was forced to send the Herard jurors packing, but only after a lengthy discussion about whether or not Herard’s wishes to sub his prior attorney John Cotrone as his penalty phase lawyer for Kulik would be allowed. In the end everyone but Herard agreed that was a bad idea indeed, so the whole thing will start over with a fresh juror panel after Henry’s death warrant expires at the end of March. Herard, possibly sensing a strong appellate issue in a case fraught with problems for the defense, was visibly angry, stripping his tie off and throwing it down as soon as Backman’s ruling was final.
And now all thoughts to Kevin, who has the weight of the world in his hands …
Coming Soon – Reversible error?: Uncertified interpreters, the 17th Circuit, and you …
Good from Bad – maybe the Florida Bar isn’t so bad after all. Today Bar President Eugene Pettis hosted a meeting concerning selective enforcement of the drug laws over at his place, with Howard Finkelstein appearing by phone.
It came about after a chance encounter at the West Palm Beach courthouse a few weeks back. Pettis good naturedly took our ribbing over not returning calls during Bar v. Blog concerning the failed Drug War, and then quickly agreed to set today’s meeting. It wasn’t stated, but considering the persecution was over, and the incredible importance of the subject matter, saying yes must have been easy. A quick call to the Public Defender confirmed his participation, and it was off to the races.
The meeting was premised on trying to find a role for the Bar, whose logo proudly boasts “Protecting Rights, Pursuing Justice … “, in equaling the lop-sided scales of criminal justice. Drug use and sales are as prevalent in affluent America as in low-income America, but minorities are wildly over-represented in courthouses, jails and prisons everywhere. It’s a national and statewide problem, and as Finkelstein pointed out, even the Feds are doing something about it. Why, we asked, can’t the Bar?
The answer was a qualified we can. Pettis patiently explained that because the Florida Bar is a unified bar with compulsory membership and dues, neither the president nor anyone else can push the organization anywhere near the line which might cross into ideological territory. Everything must fall under “the Keller umbrella“. Employing an example Pettis definitely didn’t use, a bunch of us may hate what’s going on in the criminal courts, while others like things just the way they are. And if that’s the case, the Bar can’t be directed to get involved. Got that?
But there is a middle ground. Pettis is eager to “initiate and raise the dialogue” by asking the Bar’s Criminal Law Section (“CJ Section”) to discuss the elephant in the room. He’s asked for a request in writing from Finkelstein, who has agreed to provide the data he’s assembled concerning Walking While Black, Biking While Black, and of course Driving While Black. The CJ Section can then be queried whether Florida is answering Attorney General Eric Holder’s call to address important issues of fairness in the state’s criminal courts, and to do all that is possible within the rules and guidelines of the Bar to suggest improvements.
“I was present in San Francisco last August when Attorney General Holder rolled out his guidelines,” Pettis said.
“We all move around as if these and other problems don’t exist, like graduation rates. We go about our lives as if everything is well. But I would like to pull together a dialogue on a community and statewide basis to collectively do a better job.”
So there you have it. A great start, considering this is possibly the first time a state Bar president has agreed to get involved with such hot button issues. Expect things to move quickly, since everyone is aware Pettis’ term ends in June. And in the meantime, we’ll be sure to follow-up with Greg Coleman, the president-elect. This is one ball that definitely needs to keep rolling …
Not a law firm …
Gold, Spechler & Sweetapple – everyone is talking about Friday’s Sun Sentinel article detailing the battle for the beach, pitting the Ticket Clinic’s Mark Gold, former judge Jay Spechler, and Laura Watson’s other go-to-guy Robert Sweetapple against the city of Deerfield Beach.
Apparently it all started many years ago, but the trio isn’t letting city hall get them down. They’re hosting private parties and generally making the most of their unique situation, while city officials are not so quietly trying to figure out what to do.
“It’s nice to be able to fight for your rights and have fun at the same time,” Spechler says, although it was hard to hear exactly what he was saying, given the whooping and hollering in the background, and what sounded like the thwak of a beach ball being launched into orbit. Unfortunately, signal was lost before we could get confirmation regarding the Beach Boys being booked for July 4th festivities, so stay tuned for all further developments …
a teenage symphony to God …
2014 Gulkin Award Winner Hilly Moldof
with daughters/presenters Kelsey and Meeghan
WEDNESDAY, FEBRUARY 19th @ 5:30 PM
BROWARD CENTER FOR THE PERFORMING ARTS
BACDL Feb Newsletter – Moldof Interview
Thanks, Buddy – it seems everyone around the courthouse really enjoyed BrowardBeat’s take on Cohen v. Blog, at least from the feedback we got. And while critics are correct that the high road wasn’t taken by either party before things spun out of control, absolutely everyone is wondering what could have prompted the other guy to cross into the creep zone. That being said, we’re satisfied this is over,* even if some of you still persist in spreading wholesale lies regarding a certain somebody being called “a derogatory name for a gay that starts with an F“. It never happened, of course, and while Mr.Cohen’s distant relationship with the truth in this area may be infuriating, it goes with the territory of being a self-appointed cyber finger-pointer. Besides, it hasn’t been of any concern to friends, while others we’ve never met need only look back over the years of blogging to see that JAABLOG’s core message of equality and justice for all has never wavered. And so, without further ado, on with the show! …
* Although JAABLOG’s polygraph challenge to Cohen remains open ad infinitum.
Gardiner Reply Brief – here is the Amended Answer Brief of Respondent, filed by Dave Bogenschutz on January 23rd. It’s a 52 page unmitigated Mitigation-Fest, with plenty of cites to the trial transcript. In other words, it’s a complete bore, since so many of Gardiner’s celebrity witnesses were left unmolested by Bar prosecutors. Whatever. Hopefully the Supreme Court rules soon, considering everything is filed. Check out the docket here, and read all the documents filed in SC11-2311 here.
DBR: Judge Watson’s Attorney Warns JQC That It’s Reminiscent Of KGB
JQC v. WATSON – it’s almost over, folks. The JQC has rested, and the Defense already started with its character witnesses. Tuesday saw Tom Lynch and Watson’s childhood friend/JNC member Terrence O’Connor going to bat for the embattled judge. Star witness Jack Seiler takes the stand tomorrow at nine, with the whole mess wrapping up shortly thereafter.
Is this a clear cut case of the Florida Bar punting on a serious matter, or is the JQC railroad running full steam, as some claim? It’s still hard for us to tell exactly what this whole thing is about, and judging from the confused looks on some panel members’ faces, we’re not the only ones. One thing’s for sure, when juror Mayanne Downs, past president of the Florida Bar, asked Watson if she had checked with the Bar’s 1-800-ETHICS anonymous hotline to make sure a complicated contract indemnity provision passed muster, it really made the JQC look bad.
And to think the Supreme Court still hasn’t been able to deal with the egregious and insulting conclusions in Gardiner’s Bar case, while Watson’s convoluted JQC matter has thus far proceeded with lightning speed …
“Don’t Blame Us” – in all fairness, it seems some of the Gardiner Opinion delay is due to Respondent’s answer brief not being filed in the appropriate font. Got that?
From the Supreme Court’s docket in Bar v. Gardiner:
Respondent’s answer brief, which was filed with this Court on July 12, 2013, does not comply with Florida Rule of Appellate Procedure 9.210 and is hereby stricken. Respondent is hereby directed, on or before February 5, 2014, to serve an amended answer brief which is double-spaced and submitted in either Times New Roman 14 point font or Courier New 12 point font …
Come on. It’s not going to hurt that bad, is it? …
“Beyond the Pale” – that’s how Howard Finkelstein categorizes reports of attorney Bradford Cohen’s recent outbursts against this here blog, and developments in his own ongoing dispute with psychologist Michael Brannon.
You can read about Bradford Cohen v. JAABLOG over at BrowardBeat.com, and you can see /files/34726-32374/jan_27.pdf”>and was forwarded in January to Satz, as part of a follow-up general request for investigation into a variety of issues. Satz’s blustery responses SDFL: Judge Richard Rosenbaum
Laura Watson’s JQC trial began this morning in Room 347. A Federal judge denied her request for injunction over the weekend. No word yet on whether the judge was in pajamas working from home when the Order was issued, wearing golf apparel or a bathing suit, or whether she had to make a special trip to the office before ruling.
Stop on by Room 347. JQC trials don’t happen all that often, even in Broward. Both the DBR and Sun Sentinel were in attendance, and a photographer as well, so there should be something in the mainstream media for anyone interested.
Coming Soon – Monkees 50th Anniversary Salute …
Recently, lawyers have been asking, where’s Laura Watson? She hasn’t been handling a docket for a few days, but her well earned hiatus hasn’t been spent idling by the pool. Watson’s been busy indeed, with her JQC trial set to start this Monday, February 10th at 10:00 AM, in Room 347.
But trial prep wasn’t the only order of the day. The ever plucky Watson filed suit in Federal Court today, against the JQC as a body, its Director and individual members (except the laypeople), and her prosecutors. That’s right, a whole bunch of judges just got sued. Click the links for the /files/34726-32374/Exhibits_Fed_Complaint.pdf”>corresponding exhibits, and here. It’s hard to say what will be happening to Monday’s trial date in light of today’s action, or the outcome of the entire affair, but it seems today’s developments are unprecedented, even for bonkers Broward County.
Stay tuned …
Peter Weinstein has sent an email detailing the full recovery of Mary Robinson. She’s alert, hanging with her family, and raring to go. The coma was apparently induced, to reduce swelling in the brain.
Great news, for a change …
Coming Soon – Go, Laura, Go!
SS: Broward judge recovering after seizure on bench
SS: Judge Mary Robinson stricken on bench, hospitalized
Thoughts and prayers go out to the Robinson family, as Mary remains in critical condition following a mid-trial collapse yesterday afternoon around 5:00 PM. Obviously this is a time to respect the Robinson family’s privacy, but in light of the fact mainstream media is aware of the situation and the abundant courthouse rumors, this has been posted.
God Bless …
Barry Stone (2011)
Fourth DCA alum/senior judge Barry Stone is taking over Cindy Imperato’s division full time, starting February 10th. All hearings will be set via Imperato’s office in the North Wing, where Stone will share space with Imperato until Peter Weinstein moves her back to Criminal full time. Get those Motions To Suppress filed ASAP …
As far as the pending Imperato family DUI’s, there’s not much new to report. Alexander’s is still unfiled, and Jeremy Kroll has been retained. The judicial DUI up in Palm Beach has been set off to March 10th, for case disposition.
Will Cindy be going to trial? It’s anyone’s guess. But one thing’s for sure. The JQC is likely to take a hard look at anything that sticks to the elder Imperato, based on today’s publication of the stipulation between the judicial police and Hillsborough County’s resident DUI judge Tracy Sheehan.
The Sheehan JQC documents are found here. She’s agreed to a public reprimand, after blowing a .171/.161 following her first DUI arrest during a night out in Ybor City. She did roadsides, submitted to the breathalyzer, accepted full responsibility for her actions, sought help, and apologized profusely. The JQC categorized Sheehan’s crime “an isolated incident“.
Imperato, still only accused, refused roadsides and a breathalyzer. She’s currently exercising her right to fight the charges. And, according to the Sun Sentinel, this is her second DUI, after a 1988 arrest in Leon County with property damage or personal injury. It’s unknown at this time if this is a first or second refusal.
The facts as alleged are certainly much different than those in the Sheehan matter, so the stakes could be a lot higher for Imperato than previously thought. In the meantime, she’s still officially the judge in Randy Tundidor’s death penalty case …
Coming Soon – Jose Izquierdo and Jim Lewis are throwing AG hopeful Perry Thurston a party …
Miami Herald: Kudos to Judge Sheehan who owns DUI mistake (July, 2013)
” … The judge blew.
“I had already made a horrible decision and could not compound it by playing lawyer,” she says … “
Bob Norman’s Pulp: Judge Imperato and the Wiseguys (2011)
We’re all just pumping gas at Mr. Satz’s station …
Coming Soon? – judicial candidates John Contini, Donnie Goodwin, and Dennis Bailey? General Master Julie Shapiro Harris? …
High Times Interview: Rick Steves and Washington’s I-502 initiative
Florida SCT Medical Marijuana Advisory Opinion
Riff Raff …
Would you buy a bible from this woman?
Leon County Judge Judith Hawkins faces three month suspension (Video)
JQC Hearing Panel Findings re Hawkins
Save the Date: Barry Cohen’s Public Reprimand set for April 29th @ 9:00 AM
Colbath gives wayward Goodman juror six months
Is everybody having fun so far?
We’re not. That sickening feeling just won’t go away.
Walk into any Broward felony courtroom, and it’ll grip you too, if you’ve got half a heart. Damn near everyone in custody is Black, same as the folks in the pews waiting for their cases to be called. The Drug War and other traditional factors directly linked to the proliferation of poverty in minority communities continue to take a heavy toll. Jim Crow never died, he just learned table manners.
So keep the boo hoo hoos to yourself concerning this nasty old JAABLOG. Nobody around here gives a wet noodle. Those in Broward who control absolutely everything couldn’t care less about changing anything, so don’t expect things to be different from us either. If you like to tell other people what to do, we’ll continue to hold you to the same impossibly high standards demanded of poor people who can’t even drive a car without being harassed by the cops.
Sure, you’ve got a job to do. And some of you do it well. But it was your choice to climb up that flag pole, where one carelessly misplaced adjudication can fall and crush an individual and his entire family’s future. Call us old fashioned, and certainly Old Testament, since collective punishment is still the order of the day. All of you are interchangeable, just like the case numbers that shield burned out eyes from the humanity underneath. From Tallahassee to Key West, rest assured. If we hear about your foible, you’ll get a star turn, guaranteed.
Your idea of the legal profession may be a bordello inspired clubhouse filled with pots of gold, guided by delightful double standards of behavior, and led by powerful apologists. But it was never ours, and never will be. Courage is in short supply in the face of glaring racism, seen everyday in Broward courts, and unlikely to change anytime soon. So until that certain dream comes true, don’t be foolish enough to expect any changes around here either.
It’s the least we can do …
Coming Soon – Hey Supreme Court: What’s Holding Up The Gardiner Opinion?; Why does Satz hire ASA’s who admit to prior illegal drug use?
SS: Broward-led spike in prison population
JAABLOG: How To Win The Drug War (2011)