WEDNESDAY NOTES

Incredible shrinking story – the Sun Sentinel published an update on the Randy Tundidor death penalty case online earlier today.  Unfortunately, you can only read the truncated story now, because all references to Alexander Imperato’s recent DUI arrest have been deleted. 

Originally there was some detail concerning the allegations of the younger Imperato’s case (PC says he blew .000/.000, but refused to provide a urine sample), and a quote from Richard Rosenbaum as to whether or not a second DUI defendant named Imperato would have any bearing on his ongoing efforts to get Tundidor a new judge.  But if you blinked, you missed it, because the full story was scuttled soon after publication.

It’s all very curious.  As has been pointed out in the Comments Section, the Sentinel had no problem running stories  concerning the DUI arrest of the daughter of Mary and Mike Robinson, both Broward judges.  Of course, a death penalty conviction wasn’t on the line, and neither of the Robinsons’ careers were in jeopardy, like Imperato’s is at the moment.  In any event, since news of Alexander Imperato’s DUI broke on Tuesday, the Sentinel still hasn’t run the story, unless you count today’s embarrassing take-back.

In an effort to find out what happened, we contacted the article’s author Rafael Olmeda, who declined to comment (surprise).  And having learned back in November when battling over a credit beef that it’s next to impossible to get an editor on the phone to explain anything, we quit trying.

There you have it.  Imperato stays on Tundidor unless a higher court intervenes, and the Sentinel gets added to the list of those who apparently haven’t learned anything from the Gardiner/Loureiro fiasco …

Brannon v. Finkelstein appeal update – “Forensic psychologist Michael P. Brannon appeared to have an uphill climb convincing the Eleventh Circuit on Wednesday that a lower court wrongly rejected his claims that a Florida public defender had retaliated against him over testimony he gave on behalf of a judge …” (from Law360 (register for free trial subscription)

Florida Bar Website Problems – still clicking over to a Network Solutions This Page Is Under Construction – Coming Soon! site featuring ads for restaurant equipment as of the time of this post.  Did someone forget to pay their bills?

Hitler spotted in Broward County

DBR: Weinstein lobbies for “ceremonial hall” courtroom in new courthouse

Rumpole/Captain on Judge DavidKW (excellent comments)

Above The Law on Judge DavidKW

“We checked to see if Audlin could be found on any other social networking sites, and lo and behold, he’s apparently on Facebook, wearing the same shirt seen in the Manhunt profile picture featured above …”

 What else should I say, Everyone is gay …

LET’S GET SWEATY!



Ever wonder if your Chief Judge is well-endowed?  Or circumcised?  Well, if you happen to practice in Key West, we may be able to help you.

The above snaps are from dating sites including Manhunt, posted by “DavidKW“, who bears a remarkable resemblance to David Audlin, the current Chief Judge of Florida’s 16th Judicial Circuit.

Messages to Audlin’s office asking him to confirm/deny ownership of the postings weren’t returned by deadline.  Alas, other questions we also posed via his judicial assistant and voice mail referencing the Judicial Canons remain unanswered as well. 

In any event, judges are people too.  Dating sites are A-OK in our book.  But, does it amount to an appearance of impropriety for a judge to advertise his gavel length and width, or fudge on the “What I do” bio section by stating “Attorney“?  And since Key West is a small town, shouldn’t everyone be on notice if they’re hanging with a judge, to avoid the surprise of a lifetime if they ever have to go down to the courthouse?

More unchartered terrain courtesy of the rapidly expanding world of social media.  And there won’t be a clear answer unless the JEAC weighs in.  So, for now … you make the call!

*UPDATE* – Audlin’s JA stated at 2:40 PM that the judge has “no comment” after we called to see if he had reviewed this post …

” … a one-county problem.”

SS: Broward-led spike in prison population requires look at non-violent drug crimes



” … Senate President Don Gaetz, R-Niceville, had another explanation (for the prison spike) Broward County.



With a new sheriff and judges, the lawmaker said it appeared the crackdown was driving up the statewide increase.



According to state economists, Broward led the state increase in new prison commitments in the 2012-13 fiscal year, with new commitments increasing from 1,684 prisoners to 2,182, a 29.6 percent spike.



That trend was continuing in the 2013-14 fiscal year, with Broward leading the state in the number of new prisoners it produced.



“The problem is Broward County,” Gaetz said. “It’s not a statewide problem. It looks like it’s a one-county problem.” 



What do you think is the problem?  The judges?  The Sheriff & SAO?  Or the PD/Defense Bar?



Post a Comment, And Help Right A Wrong …



Rumor of the DayDorian Damoorgian retiring from the 4th DCA?  A call to his office Tuesday asking for confirmation/denial has yet to be returned …

Coming Soon – Does Debra Stephens have an opponent?; Peter Weinstein wants another term as Chief Judge;
Has anybody seen Relief 1?

PB Post – Samantha Feuer first to file for retiring Chernow Brown’s seat

SFL: Attention Jack Thompson (Tobkin ruling)

BUSTED!

Alexander Gabriel Imperato was arrested yesterday, accused of DUI and Refusal.  He’s believed to be the son  of Cindy Imperato, also accused of DUI and a Refusal up in Palm Beach (her second DUI arrest). 

The senior Imperato has yet to be replaced on the criminal bench by Peter Weinstein, with her docket being temporarily handled by Paul Backman.  Imperato is still assigned her criminal courtroom and chambers in the North Wing for the handling of foreclosure cases.  It is believed Weinstein intends to bring her back to criminal as soon as her DUI is resolved (he no commented when asked this question in the past), while Imperato has curiously been allowed to retain the death penalty case of Randy Tundidor.  Imperato recently denied a disqualification motion in the Tundidor case filed by Richard Rosenbaum, who is preparing a writ of prohibition regarding the ruling as we speak.  A status hearing is set for Thursday.

Rosenbaum was asked if the arrest and potential prosecution of Alexander Imperato would cause him to file additional pleadings in the Tundidor matter.  His response was “it may“. 

Developing …

Coming Soon – Death is Different: Has Broward learned nothing from the Gardiner/Loureiro fiasco?

FROM THE USAN FAMILY


The Usan Family has circulated the following message courthouse-wide and wanted to make sure the entire legal community understands how appreciative they are for the outpouring of support received over the last few days.

From the Family:


My friends, as some of you already know, my family has suffered a tragic loss. Wednesday morning, while traveling across west Texas, my parents were involved in a terrible car accident. My Mother did not survive.

Through the grace of God, my Father’s life was spared.  Under the circumstances,  he suffered relatively minor physical injuries.  He was released from the trauma center yesterday and has already been transported back to us.  The emotional injury from the loss of his lifetime love, companion, and soul mate are beyond comprehension, but the comfort of his children and grandchildren will help to begin a healing process that does not end.

On behalf of my Father and all of my immediate family, I want to thank you in advance for your thoughts, prayers and condolences.  In keeping with my Mothers wishes and beliefs, we are having a small, private memorial for immediate family members only.  We will not be receiving guests or answering messages during the next several days of mourning as we grieve together.

Rather than flowers or a memorial fund, we ask that all of you take a quiet moment to reflect on the blessings of life and to say a quiet prayer for her departed soul.

May he who ordains peace and harmony in the universe grant peace to us all.

Thank you.

The Usan family.

                            God Bless

PRAYERS

Hearts and minds go out to Gisele Pollack, who apparently is battling some personal demons this holiday season.  This is one story we purposely steered away from, but with mainstream media poised to break it shortly, Tuesday’s work hours’ intervention will become public record nonetheless.  It’s a shame though, since this is one judge who has dedicated her career to evening the playing field, and getting help for people like herself who struggle with a sometimes overpowering disease. 

Our prayers to Gisele as she weathers the storm …

Coming SoonChief Judge Stacy Ross?; Cindy Imperato back to Criminal …

SS: Drug court judge acts erratically, admits she needs help

BBeat: Judge Haunted By Her Struggle With Alcohol

Bob Norman: Broward drug court judge has meltdown, headed to rehab (video)

SS: Judge Dale Ross presides over Lori Parrish/Bill Scherer case, despite close ties

BBeat: Ginger Lerner-Wren honored by The HiiL Foundation



        Judge Philip Banks
            (1945-2013)

Coming Soon – County judges vying to replace
Eileen O’Connor on the circuit;
“Permissive Pete” Weinstein; 2014 – The Year of Blogging Dangerously …

SS: Careful With That Axe, Eugene …

A THANKSGIVING MESSAGE

 Evan Hoffman writes:

Imagine not being able to go to Thanksgiving dinner with your family because your judge won’t set a hearing on an agreed motion. That’s what is happening to my client.

I have a client who recently resolved his cases and is currently on house arrest. He lives in Broward county and wants to attend Thanksgiving with his family in Broward. (That’s right he is not leaving the county).

His cc officer told him to get a court order to have permission to leave his house. I filed a motion, got the State to agree, and was told that the judge was out Wednesday and there was no room on the docket Tuesday. (That’s right no time for an agreed motion just to have the judge sign the order).

My office asked the ja who is covering her calendar and the ja said she would call my office back to tell us. Lo and behold the ja never called back so we called her. Her response was that she deleted the email of who the duty judge is. So I had to call around and find out the duty judge. Now because the ja wouldn’t set a 5 second agreed hearing I’m at the mercy of the duty judge to sign the agreed order.

Of course it would be nice if the ja of the assigned judge would let us email the stipulated order or let us fax it in but apparently that’s not permitted.

Now I have to tell my client’s family that Judge McCarthy did not have room on her calendar to set an agreed 5 second hearing or permit us to fax or email the paperwork.

Here’s hoping that the duty judge finds it within themselves to understand my frustration and sign the order.

What happened to open access to the court?

Happy Thanksgiving to you all and hopefully my client will spend his Thanksgiving with his family as well.

Evan Hoffman

(Post a comment if you’ve also had trouble getting things on McCarthy’s docket.  We’re told Evan’s not alone this Holiday Season …)

COMING SOON Dancing to Boss Reporting’s tune …