The Seventeenth - click here for February's SAO Online Newsletter.  This month's highlight: the SAO is joining the PD's Office in a "wear blue jeans to work for Haiti relief" day.  No, not this Thursday, as Judge Holmes has approved, but Monday, February 15th.  From the newsletter:

"Here at SAO, staffers who have chosen to work on President's Day ... when the courthouse is closed, may wear blue jeans if they are not meeting the public."

Mr. Satz is really loosening up in his old age.  What's next, birthday cakes that don't say "Mr." before the recipient's last name?

O-2 - Help Me Howard Finkelstein struck out on jury duty.  First he was bounced from an insurance claim panel before Judge Pratt, then from a sex case panel before Judge Siegel.  We can't confirm, but rumor has it his co-prospective jurors directed their legal questions to him, instead of to the judges or attorneys.  The medium is the message, indeed ...

Gerald McGovern is free - after spending the weekend in jail, Judge Haimes reportedly ordered Pretrial to make it happen this morning.  Well done!

New courthouse name game - corporate sponsorships are being considered for the new courthouse development, to help defray the burden on taxpayers.  The Jetblue Justice Center?  Or maybe The Hallmark Halls of Justice?  (Too bad Barnum & Bailey's or Ringling Brothers don't rhyme)

Trrrrrranscript time - the Sentinel really came through.  Click here for the transcript in Lebow v. Rossman.  Now you can make the call - was Rossman woefully unprepared and contemptuous, or did Lebow blow it big-time out of proportion?  Everyone knows what Mike Mayo thinks already, so what do you say?

  

            Holmes for Haiti

Judge Holmes has been apprised of the Public Defender's Office efforts to aid Haitian relief.  In a showing of solidarity for victims of the tragedy, Holmes has agreed to allow anyone who makes a donation to wear jeans to court on Thursday, February 11th.  If you have not already donated, see Liz Morin in the PD's Office.

Attorney Alan Bernstein has filed to run against Circuit Judge William Haury.  The paperwork should post on the Florida Division of Elections' website tomorrow.

What can be said about this one?  Haury is a fair man, and the consummate gentleman.  He's shown great compassion and insight since being appointed by Governor Crist.

Oh well.  We've been told time again, when you're replacing a rotten foundation, sometimes good materials get tossed along with the bad stuff.  It's democracy in action.

                    MAY THE BEST MAN WIN!

Juror Number Seven - our very own Help Me Howard is enjoying his first day of jury duty today.  We're told he may have already been picked for a panel in a civil matter.  Will South Florida's legal adviser to the masses end up as foreperson of the jury?  Wait for Patrick Fraser's report ...

It's finally over - the SAO finally dropped charges against Larnell Pinson, the deaf woman accused of felony battery on a police officer.  It took a demand for speedy trial by APD Matt Fiorello to move things along, after, get this, the SAO threatened to proceed without their police officer victim (he's currently on suspension for the Sunrise Beatdown fiasco).  Fiorello said he wasn't having any of it, and now the case is gone.  Good 'ole Broward (just plain mean).

Pulp: Satz Dodges Hardball Questions At Presser

"At Friday's press conference regarding new corruption legislation, intrepid Pulp researcher Lyn Evans asked Broward State Attorney Michael Satz a pertinent and tough question.

To wit: "Can you explain why Broward County has become such a cesspool of corruption under your watch?" ...

The truth is that the existing laws -- like the unlawful compensation and official misconduct statutes -- cover a whole lot of misbehavin'. The problem during the past 30 years or so has been that Satz's office repeatedly refused to prosecute good cases. Assistant state attorneys like John Countryman would routinely bemoan in their close-out memos that the officials' conduct looked bad but it couldn't go to trial because there was no proof of a quid pro quo. But guess what? The Florida Supreme Court had already decided there was no need for such proof because it was almost impossible to get. These things were done, quite literally, with a wink and a nod. So the high court, in its wisdom, deemed that circumstantial evidence -- i.e. a payoff in exchange for an apparent political favor -- was sufficient for prosecution. Satz effectively set an impossible standard and the local pols slid along, emboldened, creating that cesspool we're all talking about ... "

Sentinel: Backlash against courthouse tax could hurt Broward commissioners

" ... to Commissioner John Rodstrom, the concerns about a delay are exaggerated, contrived to ensure the result that influential judges and lawyers have long wanted. He cast one of the three votes against the courthouse.

"The fix was in," Rodstrom said. "I know there are problems and the courthouse is not in the best condition, but the time is problematic. It is time to hunker down and save money. There is an anti-tax sentiment out there, and we should listen to it."

Sentinel: Justice system has few options to deal with chronic small-time offenders

  

1.) Ari Porth, Dan Gelber, Mike Satz, Mike McAuliffe (PB SA), Dennis Ward (Keys SA), and some other guy at last Friday's press conference.  The event was sparsely attended, and mostly forced off the news by the BSO Beatdown video.  Miami SA Katherine Fernandez Rundle wasn't at the lip service fest, since she was all over TV the same day due to her office actually filing public corruption charges (in connection with a sting operation under the perfectly good existing laws).  SAO PIO Ron Ishoy kept the questions to a bare minimum, before things could get ugly.  There were maybe four or five in total, including the last one from a female reporter, who asked Mr. Satz why Broward had become "a cesspool of corruption under your watch".  Satz masterfully log rolled, explaining that the day was reserved for discussion concerning the new law, and that it should help battle wrongdoers in the future; 2.) Judicial candidate Lloyd Golburgh and Kevin Kulik.  Kulik's cheshire cat smile may have something to do with the rumor that a couple of circuit court judges will be receiving bad news on Monday; 3.) Mr. McGovern sits with Chief APD Frank Delatorre, while his lawyer Celine Abramschmitt argues for his release Friday (she informed the Court that BSO had sent an IA man to interview McGovern the night the video broke, even though they knew he was represented by the PD).  Predictably, the SAO argued for the standard $1500 bond to remain in place, despite the new evidence and eyewitness testimony, and the two months McGovern had already been locked up.  They made a big deal of his previous twenty-nine misdemeanor charges and a few felony resisting cases, without any consideration for mental health and/or substance abuse issues that often accompany homelessness.  Judge Haimes seemed bemused that the SAO wouldn't consider pretrial release, after inquiring of both sides early in the proceedings, although it seemed obvious how he would ultimately rule.  Just another day in Broward, where the SAO always refuses to do the right thing, whether to protect bad cops and/or to shield their neurotic core with a supposed "tough as nails" exterior; 4.) Who let the dog in?  BrowardBulldog.org's Dan Christensen; 5.) PD Howard Finkelstein and judicial candidate Jahra McLawrence give a warm "hello" to JAABCAM, while 6.) we seem to have the opposite effect on Messrs Marcus, Satz, and Morton.

Pulp: Public Defender Delivers Channel 7 Exclusive

Simple Justice: But For McGovern Video: Trust Me Edition (Cops don't lie. Unless there's a video)

Sentinel: Broward Sheriff's Office, Public Defender's Office at odds over arrest tape

BBeat: State Attorney Alu: We Need A New Courthouse

DeGroot: Snooze of the Century! Satz Awakens!

Herald: Stronger public corruption law is proposed for Florida

" ... there has never been a great deal of emphasis in that office on going after public officials.''

Sentinel Editorial: Legislature's plans to toughen ethics laws overdue

  

Mickey Rocque is running for Circuit Court, against Judge Luzzo.

Many people have been looking forward to this one.

The paperwork should hit the Division of Elections' website on Monday.

As far as County Court is concerned, another veteran practitioner is set to announce shortly.

                GO MICKEY!

 Just another day in Satzland ...

THE FIX IS OFFICIALLY IN:
Pulp: Bova Receipt Shows There Was Drinking Prior To Bentley Crash

                            TOLD YA!

  

WSVN Channel 7, Thursday at ten.

We're told they'll be debuting a BSO sponsored beatdown, handily captured by a surveillance camera.  BSO is reportedly up in arms, so if it doesn't run, now you know why.

This one's supposed to make the Hollywood Disney liars look like choir boys, and all on the eve of "Iron Mike's" big press conference/reelection campaign kickoff too (timing is everything, Mike). 

Check it out!

UPDATE:

 Gerald McGovern (booked as "Grald McGovern" two months ago)

What do you do if a fifty-eight year old homeless guy "FAIL USE SIDEWALK/PED"? 
If you're BSO, you beat the crud out of him!

What do you do if you're Mike Satz?  You file a felony against the citizen!

This is pretty bad, even by Satzland standards.  If you missed the show, check here to see if the video "Excessive Force" posts on Channel Seven's website.

            GREAT WORK BY APD CELINE ABRAMSCHMITT

(The Elevator Beatdown Video was fun too.  Patterns here, there, and everywhere ...)

  

You can make the call ... when the transcript arrives.  We're told our favorite newsie is waiting on the transcript from the Lebow/Rossman fiasco.  Absolutely everyone is talking about this one, but, unfortunately, no press was present for the melt down.  The transcript will tell the story.

In the meantime, we're told the Fourth DCA Clerk's office was still in possession of the evidence when the trial was set, and for most of the four day jury selection.  An Emergency Motion was filed with the Fourth in 4D09-2434  on February 2nd, to return the exhibits for the trial.  The same day, an order was issued allowing the materials to go to Broward.

Also - did you know the case was previously tried, ending in a mistrial on September 16, 2008?  It's believed Rossman was also the prosecutor for the first trial.  No word on what happened back then, or why this wasn't resolved with a concurrent plea to the life sentence on the VOP.  Did the SAO make an offer that was rejected by Stone, or, a la the tragic case of Paul Rein/Mazza, is the SAO simply piling on for no good reason?

Hopefully the Sentinel will post the whole transcript.  Many conflicting rumors are floating around.  For example, Lebow gave him more time, and he still refused to open, and, conversely, Lebow was way out of line.  One thing that has been consistently said, however, is the tone of the banter on both sides was virtually unheard of in a court of law. 

Can't wait to read this one .... Go Tonya!

COMING SOON: ATTORNEY ROBERT RESNICK SPEAKS OUT ON THE PARKER CASE - we have the VOP Warrant for Elizabeth Parker.  Get this - there are no allegations regarding the letter to Judge Imperato.  Resnick says "it just seems connected ... the timing is suspect".  Stay tuned ...

Mayo: Judge Lebow misdirects anger by tossing murder case

Pulp: Meet The New Boss

"Broward County is rife with corruption ...

But have no fear, we have a new corruption fighter who is going to clean up the filth and scum in office: Broward County State Attorney Michael Satz.

You might know him, since he's the same guy who let corruption flourish over the last 30 years. But things have changed. For instance, tomorrow he's going to give a press conference about fighting corruption. He hasn't done that before -- or at least not since Ronnie Reagan was in the White House.

The truth is that Satz might be the only hope, because every other alternative (minus the feds) has proven to be an absolute joke. We've seen that recently in the joke of an investigation done by the City of Fort Lauderdale concerning Police Chief Frank Adderley's presence at the scene of a crash involving cigar man Moe Sohail and the state ethics commission giving the green light to Broward County Commissioner Ilene Lieberman to make her unpopular vote to overturn the voters' will to build the courthouse ... "

BBeat: Does Satz Finally Get It?

"The rap against Satz for years is that he is soft on public corruption.  He would argue against that perception.

But perceptions are reality in politics. It could threaten his re-eleciton, unless he does something about it…now.

Satz’s term is up in 2012. 

To be re-elected, he needs to spend the next two years trumpeting every victory his office has over public corruption.  He needs to personally announce public corruption arrests and convictions at news conferences, just like the feds do ... "

PRESS CONFERENCE

State Sen. Dan Gelber, State Attorney Michael McAuliffe of Palm Beach, Broward State Attorney Mike Satz and State Rep. Ari Porth will hold a press conference to discuss the proposed “Restoring Faith in Public Office Act” at noon Friday, Feb. 5^th in room 562 in the central wing of the Broward County Courthouse, 201 SE 6^th Street in Fort Lauderdale. Camera set up will begin at 11:40 a.m.  For further information, contact Ron Ishoy, communications manager, Broward State Attorney’s Office, at (954) 831-7910.

Orlando Sentinel: Satz endorses Gelber

Szafranski fails to disqualify Scherer (RRA)



      Ooops!

Sentinel: ASA Gregg Rossman vs. Judge Lebow

"When the judge ordered the prosecutor to make an opening statement, he refused.

When she ordered him to call a witness, he again refused.

And then, in a turn that stunned all sides, Broward County Circuit Judge Susan Lebow on Tuesday granted the defense's request to toss the first-degree murder case against Jason Stone, 26, of Hollywood, who might have faced the death penalty if convicted ...

Unwilling to go on the record with a characterization of the proceedings, numerous courthouse sources said the back-and-forth between judge and prosecutor turned acrimonious, sarcastic and indignant."

(Satz is now 1-1 with Lebow, since she saved his ass in the Martinez case)

THE SAO NEEDS A LEADER

Mayo: Courthouse decision a slap to voters, but how do we slap back?

BBeat: Commission Ignores Public With Courthouse Vote

COMING SOON - SATZ RESPONDS TO FINKELSTEIN (Brady, Brady, Brady)

  

 Elizabeth Parker

Judges everywhere can breath a sigh of relief, although some of them have to look for a new lawn service.

Apparently, the Parkers have been up to further hijinks since our original report, resulting in a warrant violating Mrs. Parker's probation.

There's a lot of moving parts to this story, including a possible judge to judge referral for the Parkers' gardening services.  We'll try to post the Warrant later, and hope for a real reporter to answer the rest of the questions in the paper.

UPDATE: ATTORNEY ROBERT RESNICK SPEAKS OUT ON THE PARKER CASE - we have the VOP Warrant for Elizabeth Parker.  Get this - there are no allegations regarding the letter to Judge Imperato.  Resnick says "it just seems connected ... the timing is suspect".  Stay tuned ...

  

Politics 101 - by now it's old news that a new courthouse will be built.  It's not surprising, but it's official.  After the sham Courthouse Task Force (refurbish? yeah, right) and Chief Judge Tobin's ham-fisted PR campaign (see here and here), the majority of the County Commissioners simply chanted their scripted "depressed land values" and "public safety" mantras, until the voters were cheated out of the right to determine how their $328 million will be spent.  As Commissioner Jacobs cynically put it, the community doesn't trust the beleaguered County Commission anyway, so "why run it up the flagpole"?

One by one the developer's lawyers and Tobin's lackeys approached the podium, singing the same song as the approving commissioners.  There wasn't a single voice in opposition (more on that later), or a single community member who didn't conduct business in the courthouse.  At one point, commissioner Lieberman even had the audacity to boast that the meeting was well advertised.  It was sad.

We've made our own recommendations in the past regarding a new courthouse.  We've also railed time and again over the downright false claims regarding the need for more litigation space, via a dozen or so JAABWALKS.  Still, you'd have to be stupid to bet on refurbishment over the new courthouse horse, seeing as how it's backed by self-interest, greed, and, most importantly, endless developer dollars that will ultimately end up in some familiar pockets.  It was only a matter of time before it crossed the finish line.

Which brings us to the main point.  Corruption and greed exists everywhere.  Nepotism, political back scratching, and dishonest, lying public officials thrive in other places too.  What they don't do everywhere else, however, is hypocritically turn around and impose the most impossible standards (and maximum penalties for not living up to those standards) on the poorest, sickest and weakest segments of the community with sadistic zeal.  That's the Broward difference, made all the more egregious when you consider the liberal Democratic platforms Broward's leaders swear allegiance to on the campaign trail. 

Let's be perfectly clear: they can have their gleaming new monument instead of fixing up the old place, and all of their other excesses too without a peep from us, if only they'll lighten up on the poor people doing the same drugs they once did, and their kids probably still do. 

In the hope of trying to get this message across, we also addressed the commissioners this morning.  After having to argue our way to the podium by pointing out they skipped from Agenda Item Twelve to Agenda Item 15 (the courthouse initiative) without announcing they were taking down the sign-in sheets for public speakers, and by pointing out they had previously allowed a new courthouse supporter to speak without requiring a sign-in, we were allowed to talk.

Here, courtesy of From the minutes part 1, is a truncated version:

(*parenthesis contain parts of the speech, as best can be remembered,
that were not captured in the minutes)

IT SOUNDS LIKE THIS IS GOING TO HAPPEN (no matter what)*. IT DOESN'T REALLY MATTER WHAT THE
VOTERS THINK, BUT I JUST BEG ALL OF YOU. THERE'S NO MONEY FOR DRUG REHAB PROGRAMS. SOMEBODY WAS TALKING ABOUT THE SMALL GUY. TRADITIONALLY THE SMALL GUY ALWAYS GETS (the shaft in Broward County) ... IF YOU CAN FIND 300 MILLION TO DO THIS, (then) YOU CAN FIND A MILLION FOR DRUG REHAB. (We send everybody to prison where they do drugs, come back out and continue doing drugs, until they go back) IT'S A JOKE. SO I JUST BEG ALL OF YOU TO FIND A LITTLE BIT OF MONEY TO HELP THE SMALL GUY. THERE'S NO CRIMINAL PEOPLE HERE. IT'S ALL CIVIL PEOPLE REPRESENTING DEVELOPERS OR LOOKING FOR NICER DIGS. THE PLACE IS EMPTY HALF THE TIME ANYWAY. I MEAN WE HAVE ALL THESE JUDGES RIGHT NOW (gesturing to Judges Tobin, Tuter, Krathen, Rosenberg, and Weinstein sitting in the front row).  ALL THOSE COURTROOMS ARE EMPTY.  IT'S JUST COMMON SENSE AND I BEG ALL OF YOU TO DO THE RIGHT THING.

Our little address must have touched a nerve, as no fewer than four commissioners felt the need to address the drug rehab question later.  Some log rolled, stating the bond money couldn't be used for drug programs.  Others were honest, pointing out the debt service on the new loans would come off the top of the annual operating funds, which come straight out of the taxpayers' pockets and obviously wouldn't be available for other uses.  We even tried to argue with Commissioner Lieberman, by pointing out the sixty million in cash they were taking from reserves to build a new jail could be used for programs, only to be shouted down by commissioners citing rules of procedure that preclude any back and forth dialogue with a pontificating commissioner (even when they're talking about you).  The issue of the non-bond money usage was completely ignored.

On a similar note, Commissioner Ritter, who originally set up the task Force as Mayor, enticed us into what we thought was to be a dialogue regarding the condition of the old courthouse.  Stupidly, we took the bait, not realizing we really would be limited to a single word answer.  Courtesy of From the minutes part 2:

(*parenthesis contain parts of the back and forth, as best can be remembered,
that were not captured in the minutes)

COMMISSIONER RITTER: HERE'S SOMEONE WHO COMES TO US TODAY ... AND TELLS US ... WE NEED PROGRAMS FOR DRUG REHABILITATION WHICH WE'VE UNFORTUNATELY HAD TO CUT AND THE LIKE, SO I WONDER WHAT AN ACTIVE, KNOWLEDGEABLE, INTERESTED  RESIDENT OF BROWARD COUNTY WOULD SAY ABOUT THE COURTHOUSE. ARE YOU WILLING TO ANSWER THAT QUESTION? HOW WOULD YOU VOTE? JUST YES OR NO, UP OR DOWN.

(JAABLOG): YOU ALL DON'T DESERVE IT AT THIS TIME. IT'S NOT THAT I'M SAYING (... you know the safety issues are exaggerated, some of them have been in existence for sixty years ... )*

COMMISSIONER RITTER: THANK YOU. SO THE ANSWER IS NO ... HE KNOWS HOW IMPORTANT IT IS THAT IT'S A TERRIBLE COURTHOUSE ... BUT THAT WE DON'T DESERVE IT ...

(JAABLOG): (But you're misquoting me ....)

(COMMISSIONERS: YOU CANNOT ADDRESS THE COMMISSION AT THIS TIME)

COMMISSIONER RITTER: SO I'M GUESSING THAT THAT'S PRETTY MUCH WHERE MOST OF THE VOTERS ARE QUESTIONING TO BE IN BROWARD COUNTY, BECAUSE IF SOMEONE WHO KNOWS HOW MUCH WE NEED IT AND STILL SAYS: YOU DON'T DESERVE IT ...

Pretty sneaky stuff, right?  It was quite an education for us.  These guys control the game, and if they start to look bad or lose, they grab the ball and go home.  Still, it was our fault for falling for it, particularly after being shafted and ignored by Lieberman on the jail reserve funds issue a little earlier.

That's about it.  The little guys can never win in these types of games, that's clear.  The odds are stacked too high, and the rules are written to ensure victory for the home team.  All anyone can do is try to make the money players and politicians, including the civil lawyers, open their hearts and consciousness to the unbearable plight of Broward's poor minorities over the last thirty years.  If all of them as a group dedicated 1/100th the energy they invested into making the new courthouse a reality into controlling Broward's out-of-whack institutional racism, we could stop incarcerating non-violent African-American drug offenders at twice the rates of our neighbors tomorrow.  Unfortunately, they just don't care, which is why they don't deserve a new courthouse, and why they'll never attain the respect from the community they think the new edifice will afford them.

DBR: Commissioners vote 6-3 on how to fund new courthouse

“Y’all don’t deserve it at this time … It’s not as unsafe as you’re portraying it,” he said from his seat before commissioners cut him off."

Pulp: Commission Forgets People, Goes With Courthouse

"Don't make a mistake, the process getting us to this vote was bogus and insultingly bush league at that. Ritter cooked up a cheering section she called the Broward County Courthouse Task Force. To give you an idea of the caliber of that body, understand that one of the appointed members was none other Scott Rothstein. It was just another piece of legitimacy paid for with his campaign generosity. The committee never investigated any of the key issues involving the current courthouse; it just decided without any further review that the only answer was to build the courthouse ...

But you have to understand that Lieberman might have more than altruistic motives to rush this project forward. In 2005, she and lawyer husband Stuart Michelson, who serves as the Sunrise city attorney, bought an office suite close to the courthouse (at 800 SE Third Avenue) for $1.35 million.

Mr. and Mrs. Michelson (the name Lieberman uses when she moonlights as a lobbyist) bought the office near the top of the real estate boom, and today it's only appraised for a paltry $855,000. So the couple is upside down on the property, which caters to courthouse lawyers ... A new courthouse, obviously, would put a charge into the area and very likely elevate property prices ... "

Sentinel: Broward residents to be taxed to build new courthouse

Herald: Gay American Heroes Foundation Announces Prestigious List Of New Board Members

" ... Video of Lee scrutinizing ballots was frequently used in national news coverage of the recount. "I was actually stunned and I was not prepared personally for that attack. I got hate mail. It's the only thing as a judge that I've gotten hate mail on. And I got threats on my answering machine from members of the gay community. It was very surprising to me when that happened. I still think I've made a contribution and I think that all that was an anomaly. I think any gay judge is going to face an issue from time to time that's going to put them at odds with their own community. But the bigger picture is that it's better that we are there because it makes the judicial process more real," said Judge Lee."

  

The County Commission is building you a new courthouse!

Just a few minutes ago they approved a new $328 million structure with NON-VOTED DEBT, by a 6-3 vote.  Your property taxes are going up, ladies and gentlemen!

This one appeared to be a very close vote up to the last Commissioner's speech, Commissioner Wasserman-Rubin.  After she voted "yes", Commissioner Jones switched his position, making it 6-3, instead of 5-4.  We asked him why afterward, and he basically said there was no point in going against the flow, since it was going to pass anyway.

As we told you before, this one was a done deal a long time ago.  The only surprising thing was how close it ended up being.

Not surprising is that Wasserman-Rubin didn't recuse herself from the vote, or that she voted yes.  She's currently being investigated by a member of the pro New Courthouse Task Force, the SAO, represented by Chuck Morton and Monica Hofheinz at the meeting.  She's also a potential target of former Task Force member Vic Tobin, who also presides over the Statewide Corruption Grand Jury.  Tobin is, of course, a huge proponent of a new building.  It's his legacy.  Quite simply, Wasserman-Rubin had a conflict, but didn't do anything about it.  At the very least, it reeks of an appearance of impropriety.

So there you have it.  Politic$ as usual.

We'll write up a full report tonight.

   

Is Bill Scherer Judge Ana Gardiner's new lawyer?

FDLE opens new investigation into FLPD Chief adderley's role at Rothstein crash scene

"An interesting item in the investigatory pile: one fire lieutenant said he saw piles of cash in Sohail's Bentley. He said there were at least six stacks of cash, which he saw Sohail stuffing into a white paper bag. At the crash scene, Sohail's girlfriend, who was driving, said they'd just been to the bank ...

Rothstein also was not questioned; he's in federal detention awaiting a sentencing ... the fire and police professionals said there was no evidence of drinking ...

The driver of the second vehicle, Danielle Filler, was cited in the crash ... Filler's lawyer, Lawrence Meltzer of The Ticket Clinic, raised the questions about Adderley and Rothstein in the first place ... "

Fort Lauderdale police move toward car-tag scanners

1-800-CJTOBIN: Attorney general unveils public-corruption hotline

  

1.) FLPD Chief Frank Adderley thinks it's Bob Norman behind the camera.  After 2.) Judy Stern told him it was only JAABLOG, he was nice enough to come over and chat for awhile.  Like everyone says, he's a very gregarious guy.  Who knows? He probably would have given us his cellphone number, if we'd asked; 3.) "Iron Mike" Satz surveys his kingdom; 4.) This FLPD cruiser parked in a clearly marked no parking zone, many months ago.  Brady Notices were never sent out, but we're going to get to the bottom of it.

Today's Robing Ceremony was a major snooze fest.  The usual pomp and circumstance accompanied the introduction of the judges in attendance.  The speeches were mercifully short.  The whole thing seems like just another networking event, although it must be fun for the proud family members.

Ken Keechl gave a plug for the new courthouse, adding he hoped the County Commission would go along with the non-voted debt scheme.  Chief Judge Tobin was the MC.  Barbara McCarthy was introduced by Paul Lopez, Carlos Rodriguez by C. William Laystrom, David Haimes by AUSA Tony Gonzalez, Michael Usan by Jose Izquierdo, and Edward Merrigan, Jr. by Tamara Rimes Merrigan.

Federal judges Dimitrouleas and Zloch were in attendance, in support of David Haimes.  Judges Dale Ross and Ana Gardiner were no shows, even though they used to reportedly really love these things.  Jay Spechler was there too, unmolested by Tobin's goons.  Jack Seiler and Sheriff Lamberti stopped by, as well as a lot of other influential behind the scenes people we didn't recognize.  

We missed the speeches by McCarthy and Rodriguez.  About the only thing we learned from the others is that David Haimes has a lot of kids.  Unfortunately, there were no swipes at bloggers or the recent contested judicial election phenomenon.

*BBeat: The Reason Judges Face Opponents*

The Magical World of M.C. Escher - January 20 - April 11, 2010 - Boca Raton Museum of Art

"Looking for a different album cover idea, Mick wrote in January (1969) to the painter, M.C. Escher: "Dear Maurits, For quite a time now I have had in my possession your book and it never ceases to amaze me ... In fact I think your work is quite incredible and it would make me very happy for a lot more people to see and know and understand exactly what you are doing ... Would you please consider ... designing a 'picture' for (our next album cover)?"

A reply from Escher to the Stones said: " ...My answer ... must be no ... By the way, please tell Mr. Jagger I am not Maurits to him, but very sincerely, [signed] M.C. Escher."

-From "Stone Alone"
by Bill Wyman with Ray Coleman

CABA 2010 Installation Gala Saturday - don't miss the Debutante Ball!

  

1.) This is a human being Mr. Satz, not a case number.  Anthony Caravella in court Monday, still wearing an electronic monitor; 2.) Judge Debra Steinsaltz will definitely not disappoint; 3.) Judge Carlos Rodriguez, sans robe; 4.) Did you know that ASA Dave Frankel and Judge Perlman grew up together in North Miami Beach?  And is Cheryl Aleman laying low until April 30th?; 5.) Pucker up, your Honors - Alex Arreaza will be filing soon too; 6,) David Bogenschutz explaining to Robert Ray Huizenga that even billionaires eventually run out of luck (photo taken a few minutes after Judge Towbin-Singer's ruling earlier today).

  

Judge Towbin-Singer ruled today in Robert Ray Huizenga's VOP case, finding Huizenga willfully and substantially violated his probation by committing felony BUI and consuming alcohol.  He was on probation for a 2003 felony DUI, a classic SAO giveaway, since he wasn't charged with DUI Bodily Injury (which would have scored out to Florida State Prison), after nearly killing a seventy-one year old man. 

David Bogenschutz's defense included admitting to the alcohol consumption violation (the police video of a seriously trashed Huizenga probably accounted for that), and putting on the testimony of one Patrick Stewart, who claimed he was the only one driving the boat that night.  Interestingly, Stewart was also originally represented by Bogenschutz, as prosecutor Lanie Bandell pointed out.  In any event, Towbin-Singer didn't buy it.

Sentencing is set for March 19th, at 1:30 PM.  The felony BUI case is set for trial on February 16th.  It'll be interesting to see if Bogenschutz still takes the case to a jury to prove a point, or if he tries to work both cases out together in March. 

Is Huizenga prison bound?

Wait and see ...

Sentinel: Huizenga's son faces five years in prison for drunken boating

" ... the son of billionaire businessman and former Miami Dolphins owner H. Wayne Huizenga was on probation for a 2003 drunken-driving incident that left a 71-year-old pedestrian with a concussion, a gashed head and a broken elbow.

A woman called police on July 20 saying she thought someone was trying to burglarize her home on Lido Canal. When police arrived, Huizenga was behind the wheel of his idling 30-foot Jupiter fishing boat.

He told police the home was his, but he actually lives on the other side of the canal ... "

Mike Mayo: DUI case makes wheels of justice seem unbalanced (2008)

EQUAL JUSTICE? HUIZENGA SENTENCED FOR 3rd DUI

"The real funny thing about this one is that it was not filed as DUI SBI.  V's wife testified she is a trauma nurse and usually pretty stoic about injuries, but even she was freaked out to find him knocked out (thought he was dead until he mumbled something) in an ever increasing, large pool of blood from his head after this guy hit him in his big truck.  Of course, all kinds of after effects from head injury and long recoup too ... "

                LUCKY FOR SATZ NO ONE GOT HURT THIS TIME

  

APD Debra Steinsaltz is running against Judge Peter Skolnik, for county court. 

The papers were filed this afternoon.

                            OUT WITH THE OLD!

  

Heidi Berkowitz has filed  to run against John Fry and Judge Linda Pratt for county court.

Laura Seidman has filed against Judge Lisa Porter for circuit court.

Another APD is rumored to be making up her mind soon too ...

 

State Reps Perry Thurston and Chris Smith tell it like it is.

Sentinel: Legislators vote in favor of inspector general to go after Broward corruption

(Smith and Thurston) said there wouldn’t be a need for an inspector general if State Attorney Mike Satz was willing to devote attention and resources to investigating public corruption.

“I want the state attorney to do his damn job,” Smith said.

Thurston said it’s a bad idea to create what he believes is an expensive new bureaucracy to duplicate what he thinks Satz should be doing. “The state attorney has the staff. The state attorney has qualified people,” he said.

Sentinel: Satz endorses independent corruption watchdog, rejects criticism of his office

Satz rejected the criticism (by Smith and Thurston). “They have never said anything to me about that,” he said. “I disagree with their comments.”

“We have five very experienced with a tremendous amount of experience doing public corruption,” he said.

  

 No trial tax here ... Destry imposing sentence

Deeeep discounts at Macy's (for a limited time only) - ASA Martina Herretes won a guilty verdict today before Judge Destry.  Defendant Karelia Rodrigueztorres got caught sponsoring her own clearance sales at Macy's, in her former capacity as a sales clerk.  She would ring up merchandise at normal sale prices, then tack on up to 70% more in discounts via manual register overrides, resulting in Wal-Mart style prices.  The funny thing about it?  Neither Rodrigueztorres, her friends, or her family benefitted from the scam.  "I gave them an extra discount so they could be happy and come back to shop more," she told police.  Defense attorney Matt Glassman pointed out that Rodrigueztorres didn't work on commission, and actually hurt her own sales quotas by the giveaways.  Alas, the evidence was too strong, resulting in an unfortunate guilty as charged.  Destry and Herretes came through in the end, however.  "I'm not going to punish you for exercising your constitutional right to trial," the good judge said, after ordering the deputy to remove the post-verdict cuffs.  He gave her a withhold and ordered her to make restitution, with a year of probation (she had no priors).  Herretes, for her part, wasn't out for a "you made me go to trial" pound of flesh, seemingly content that Destry had exactly matched her original offer to Rodrigueztorres.  Well done!

The county is  offering solutions that don't cost $328 million - Click here for the Chief Judge's stinging rebuke of the county's suggestions to solve the problem of parading shackled juveniles throughout the courthouse.  Their ideas include holding hearings at the Detention Center, utilization of the judicial elevators, video hearings (which the PD won't allow), and the creation of a separate juvenile courthouse entrance.  Tobin's sticking to his guns on this one, so far.  Still, we have to wonder.  If he finds the parade of juveniles so inhumane, why can't he sacrifice the judicial elevators for very small periods of time until his precious Taj Mahal can be built?  Anyone?

JAABLOG POP QUIZ:

Why is the SAO, after thirty years of no action, finally going after politicians?

A.) They have been humiliated, shamed, and pressured by the Feds.

B.) Satz is not running for reelection, and isn't afraid of alienating the powerbrokers 
      who keep him in office any longer.

C.) Satz is running for reelection, and needs to restore credibility by appearing like 
      he's tough on corruption.

D.) Who cares! (too little, too late)

                (Answer: D)

Pulp: State Attorney Serves Subpoenas in Wasserman-Rubin Criminal Case

" ... it's about time the State Attorney's Office took it seriously. A lot of it happened five years ago, after all, it's been more than two years since Wasserman-Rubin was fined for it by the ethics commission ... It seems that a fire has been lit under State Attorney Michael Satz since the feds came in and rattled his turf with the arrests of a county commissioner (Josephus Eggelletion), a School Board member (Beverly Gallagher), and others in the fall ... "

BACDL PRESENTS ROY BLACK - February 19th from 1:00 to 2:30 PM.  Trial tips and war stories in the Broward Courthouse Jury Room.  Free!

BBeat: Attorney Ralph Behr Says Check Whether PD Clients Have $$$

  

Is another judge's wife getting ready to run? - that's the big buzz, and we're not talking about Judge Dale Cohen's better half either, currently squared off against another judge's son.  We're also told yet another veteran defense attorney should be making an announcement any day now.  Phew!  It's not even February, and Broward is already the talk of the State.  Amazing what thirty-three years of anger, frustration, and self-interest can accomplish, right Mike?

Speaking of judicial offspring - Click here for a letter by attorney Mike Weinstein highlighting an important issue.  He's lobbying the legislature to fix the problem of multiple attorneys representing indigent defendants with multiple cases.  Everyone's seen the problem, whereby an offender may have the PD, Conflict Counsel, and SPDs on different cases.  Weinstein wants the Trial Court to be able to appoint the attorney selected by the electronic registry on all the cases, in order to best advise the defendant on all pending matters.  Very judicious!

Kulik on Golburgh - Attorney Kevin Kulik posted the following under "GOLBURGH v. MERRIGAN" at 5:56 PM on 1/25/2010:

"Since Lloyd Golburgh announced his candidacy for a judgeship, I've been approached repeatedly by the supporters of Edward Merrigan.

They ask, "Why Merrigan, he's a very nice person who may turn out to be a great Judge. Why not give him a chance?"

First, it is possible that he could, with courtroom experience, one day be a good judge. But everyone has their perspective on what constitutes a good judge. My perspective is that of a criminal defense attorney. For years, we were ignored and our clients were treated very harshly by the vast majority of the criminal judges. The police and the prosecutors were always right and virtually every discretionary decision (80% of judicial decisions are discretionary) went against our clients. We let this go on for too long, but finally we took a stand. We all owe a debt of gratitude to Rob Malove, who had the courage to run against Cheryl Aleman. That race, even though Rob didn't win, sent the message that we were dissatisfied.

Since that election, there has been considerable improvement in the protection of the rights of individuals in our local criminal courts. But the job is not finished. Our local judicial appointment process has not gotten the message. Governors Bush and Crist have removed any semblance of bipartisanship from the process, which frequently results in the appointment of the friends and relatives of those in power. Qualifications are not as important as connections if you want to be appointed by the local JNC.

But we also disagree on the qualifications. Judge Merrigan's resume clearly shows that he has primarily represented big banks, big law firms and the government. His connections to those running the appointment process are obvious. I have learned over years of jury selection that people with this type of background genuinely believe in their own fairness, but they vote guilty with alarming uniformity. They just can't see things from the point of view of the individual whose life is at stake. Any defense attorney worth his salt would strike Edward Merrigan from the jury panel. Why would they pick him as a Judge?

I prefer judicial candidates who have had the experience of representing real people, many of whom are being forced into courts to defend their property, liberty, even to stop the government from taking their kids away. This is why I support Lloyd Golburgh. Lloyd has heart. He knows what its like to try to save people from all walks of life from a government that can be impersonal and harsh. He knows what happens to their children and families when things go badly in court. He has suffered with them. He will not ever forget that every decision a judge makes, however seemingly inconsequential, may have a huge impact on a person for the rest of that person's life. It is difficult to predict how Edward Merrigan would perform this early in his term as a Judge. But I have 100% confidence in Lloyd."

Drug Court Changes - New! Improved! Expanded! - Administrative Order Number 2010-14-Crim now allows some offenders accused of low level drug sales into drug court (although the SAO is apparently still not convinced).  There's lots of stuff packed in here, and lots of questions as to how it's all going to work.  Hopefully Jordana Mishory will take the time to figure it out and explain it, since we're way too busy chasing down gossip and rumors ...

JAABLOG'S Once Upon A Time -  Click here for Finkelstein 1, Judge Carney 0 (1991):

"We conclude that the trial court (Carney) departed from the essential requirements of law when it removed Howard Finkelstein as public defender representing petitioner John Fogelman. The court could have ordered Finkelstein to proceed, and suggested the possibility of contempt proceedings against him if he were to fail to do so. However, it did not entertain that option. Removal of counsel without even allowing an opportunity for objection and argument is and should be perceived as a threat to the independence of the bar as well as an abuse of discretion."

Is it significant, in light of other cases Prosecutor Carney dealt with involving defendants of diminished capacity, that this case also involved a defendant whose competency was at issue?  And will Finkelstein object if Chief Judge Tobin assigns Senior Judge Carney to criminal matters?  Something tells us he will ...

Coming soon - JAABLOG'S exclusive excerpt from "The Murder of Anna Nicole Smith" by Judge Larry Seidlin.

Challenger to Judge Hurley Adjusting to Bruising Ways of Broward Politics

BBeat: Stacy Ross says goodbye to "Uncle Ham"

Rumpole: Dale Ross Legal Retaliation Services

  

1.) Broward Mayor/Big Spender Ken Keechl with Clerk of Courts Howard Forman.  The New Courthouse Task Force met Friday afternoon, to block the wheels of progress by continuing to gut social and rehabilitation projects in favor of an unnecessary seventeen story courthouse tower, to be built where the judicial parking lot currently sits (and they call themselves Democrats).  The room was crammed with developers and construction company types, since the entire purpose of the Task Force is to rubber stamp the 328 million dollar plan the builders came up with in between the Task Force's quarterly meetings.  Make no mistake about it, this ship has sailed. 

For instance, check out what Chief Judge Victor Tobin said in his "State of the Circuit" address last Thursday, as reported by The Daily Business Review:

"Broward Chief Circuit Judge Victor Tobin is recruiting lawyers to attend a Broward County Commission meeting on a bond issue for courthouse construction and is considering legal remedies to ensure the county provides a safe and adequate building, he said Thursday in his state of the circuit speech ...

The judge focused on the safety hazards of parading shackled defendants — both juveniles and adults — through the courthouse in the same corridors as the public and jurors. He said anyone could hand a defendant a weapon, or a bystander could be head-butted or body-slammed by a defendant ... (Sound familiar?)

He encouraged members of the audience to attend the County Commission meeting Feb. 2 on a $120 million bond issue to fund a new $281 million courthouse. Other money already is in hand ... "

Commissioner/Mayor Keechl initially addressed the Task Force Friday, before making a quick exit:

"I'm a true believer that we need to put this to rest ... The project has gone on way too long ... I am adamantly opposed to waiting until August or September for the voters to decide if they want to tax themselves for a scaled down courthouse .... We can do this from existing funds ... The voters will say no ... (The Commission) will meet on February 2nd for discussion and a decision ... (The project can be funded) by non-voted debt ... four of my colleagues agree ... don't take a chance that somewhere, sometime voters decide to tax themselves ... This can be done without raising taxes ... If we don't make a decision now we will miss an opportunity we won't have again for a long time ... "

Commissioner Ilene Lieberman (pictured #2), chaired the meeting.  She seemed mostly concerned about parking issues pertaining to the new tower, hoping plans could be approved to buy some existing lots near Publix while the real estate market is still depressed.  Lieberman announced that Tobin recently resigned from the Task Force, based on his continuing close involvement with the construction project and concerns over potential judicial Sunshine issues that could arise.  Federal Prisoner #872874 (Scott Rothstein) also had been replaced on the Task Force.

There was a nifty Power Point presentation detailing the new building, while some Task Force members obliviously made suggestions, despite their obvious non-importance to the planning.  Quite simply, they are mostly RRA type props abetting the scheme, which, to be fair, most of them recognize.  The Power Point file was promised to us via email for publication, but it has yet to arrive (It was delivered Monday.  The link is below.  Our thanks to Ms. Burnell).

If you want to have your voice heard, plan on attending the County Commission meeting on Tuesday.  Granted, many people hate working in the leaky (and often empty) old building, but no one seems willing to consider repairing and rehabbing it, especially when so much money can go into the pockets of the decision makers, land owners, power brokers, and developers who stand to make an absolute fortune off the backs of the taxpayers who already have resoundingly said "NO NEW COURTHOUSE". 

It just doesn't seem right, particularly while the county continues to send non-violent, drug offender minorities to prison at nearly twice the rate of our neighbors.  While Satz's Broward continues to act like it's the 1950's, we simply don't deserve a 2010 courthouse.

3.) Tobin and Lieberman share a private word, following an earlier kiss hello; 4.) Attorney Eugene Pettis and Fort Lauderdale Mayor Jack Seiler.  Seiler was uncharacteristically late.  Was it this bit of lunchtime bad news that caused the delay?; 5.) Debo Ramsden is a survivor, and she always has a smile for everyone; 6.) Shout out to Jay Spechler and Doc Brannon: Sculpture: "Wrestler", 1929.  By Dudley Talcott, shown at the Tenth Olympic Games, Los Angeles, 1932.  Part of the collection of the amazing Wolfsonian Museum in Miami Beach.

*MEET YOUR NEW COURTHOUSE* - click the link for the Power Point presentation detailing plans for the new courthouse.

YES, TWO MORE JOBS FOR DONNELLY:

Paging Dr. Donnelly - Cleanup on Aisle 4

Pulp: BSO Major Influenced Investigation Involving His Son

BACDL & SAO - Satz, Morton, Marcus, Donnelly, and L. Cohen met with BACDL reps R & T Williams and B. Cohen Friday.  The meeting went on for a couple of hours.  Incoming BACDL President Bradford Cohen will be signing a letter for the members summarizing the topics of discussion, and the efforts the SAO is making to fix some of the Brady problems.

BrowardBeat: Judicial Candidate Lloyd Golburgh’s Open Letter

(Responding to this)

'Gate fever' cripples inmates

"When inmates step into the sunshine on their release day, some suffer "gate fever." Moving from a highly controlled environment to complete freedom, they may immediately be exposed to high-risk people, places and situations that lead them to relapse on drugs, alcohol or a life of crime.

Some newly freed inmates have no home, no job and often no friends or family. They are anxious, anchorless and adrift.

Now, however, a Guidance/Care Center Inc. specialist will help ex-offenders -- literally as they exit Monroe County jails (FL) -- and walk them through their first day of freedom and beyond. By helping clients change their criminal thinking patterns, the clinic improves the effectiveness of its complementary mental health and substance abuse counseling ... "

  

  

Attorney Lloyd Golburgh has filed to run for County Court, Group 4, against Judge Ed Merrigan. 

This one will be interesting to watch.  Merrigan is an active duty soldier and a nice guy, but also a highly political JNC/Crist pick, since he's related to either Mayor Seiler or the JNC's Richard Zaden by marriage (we'll try to confirm which one later).  Seiler, of course, has also been a Satz and Dale Ross supporter through the years.

                                    MAY THE BEST MAN WIN!

BrowardBeat.com:

" ... (Merrigan's) wife and the wife of Mayor Jack Seiler of Fort Lauderdale are sisters.  Seiler and Merrigan are life-long friends."

OTHER NEWS: SAO & Defense have agreed to a $250,000 bond for Bleiweiss (2:10 PM) ... Huizenga VOP Hearing held today too  ...  Judge Towbin-Singer will rule Thursday, January 28th ... is Robert Ray prison bound?



ASA/State Rep Ari Porth

ASAs grumbling - Ari was allowed to run, so why can't they run for judge?