MEDIA 12/5 (Aleman Hearing Continues At 9:00 in Room 850)
Judge Aleman Testifies (Herald)HERALD:
ALEMAN DAY ONE:
http://www.miamiherald.com/news/broward/story/332463.html
"When asked to describe Broward Circuit Court Judge Cheryl Alemán's reputation on the county bench, assistant public defender Bruce Raticoff was blunt.
''The word was she was cold-hearted and that she was going to kill my client,'' said Raticoff, the first witness to testify Tuesday before a hearing panel that is reviewing misconduct charges against Alemán."
http://www.miamiherald.com/news/broward/story/332501.html
ATTORNEY GRAHAM QUESTIONING MAZZA'S SANITY:
http://www.miamiherald.com/news/broward/story/330967.html
SENTINEL:
ALEMAN:
http://www.sun-sentinel.com/news/local/broward/sfl-flbaleman1205sbdec05,0,1673140.story
"Accused of being vindictive and high-handed in her courtroom, Broward Circuit Judge Cheryl Alemán took the witness stand Tuesday to defend her behavior on the bench, saying she was a patient person who acted on the advice of more senior judges."
DAILY BUSINESS REVIEW:
ALEMAN:
http://www.dailybusinessreview.com/news.html?news_id=46004
DAYTONA BEACH NEWS-JOURNAL:
STATES RETHINK CHARGING KIDS AS ADULTS:
http://hosted.ap.org/dynamic/stories/Y/YOUTH_ON_TRIAL?SITE=FLDAY&SECTION=HOME&TEMPLATE=DEFAULT
ORLANDO SENTINEL:
ORLANDO CRIMINAL JUSTICE SYSTEM IN CRISIS:
http://www.orlandosentinel.com/news/local/orange/orl-murder0307dec03,0,6707839.story
"The Orange-Osceola State Attorney's Office now handles more felony jury trials than any other judicial circuit in the state. Record numbers of assistant state attorneys are leaving as a result of the workload."
From Justice Building Blog
http://www.justicebuilding.blogspot.com/
ALEMAN DAY II
The trial and tribulations of Cheryl Aleman and her discourteous behavior in court continues today North of The Border. The Broward Blog had several bloggers sitting in the courtroom yesterday posting updates on the exchanges between the judge and lawyers for both sides. We were not present and our view of the proceedings admittedly comes only from reading those postings.
We have two thoughts:
In one exchange Aleman was quoted as saying that she strictly guarded the due process rights of defendants who appeared before her. One wonders how she would have then explained her misguided decision to force defendants to choose between their rights to prepare a defense and their right to a speedy trial? Apparently her policy never came up during cross examination.
In another exchange, Aleman denied hearing that she was considered a prosecution oriented judge. One should remember that she was a prosecutor for the State Wide Prosecutor’s office prior to becoming a Judge. Her response, as reported on the Broward Blog was that she did hear that she was considered a Judge who scrupulously adhered to the rules and the law, and that may have “confused attorneys who did not have to follow the law in other courtrooms.” A Blogger then wondered whether they had heard her correctly testify that the law was not followed in other courtrooms in Broward? This may be an insight into her character and fitness to be a Judge.
In a desperate move, she is throwing her colleagues under the bus.
Don't know how desparate that move is. She is likely to be acquitted of all misconduct in this case if what I've seen thus far continues through to the end of trial.
What will be funny (sad funny, not funny ha ha) will be when she gets acquitted of all charges and Sean Conway gets a reprimand for saying that Aleman seemed mentally unstable.
Can someone please explain why after each post an automated response screen comes up saying that an email has been sent to me to verify the post which will then be submitted for moderation?
Is this a JAAB technical SNAFU (where's Craig when you need him....oh wait, nevermind) or just more attempts at censorship?
Gottlieb takes stand at 9:15. Court ends at 4:30 today so Bogenschutz can go to dentist. Starting in with rule she submitted against him when she was statewide prosecutor. He wanted immunity for his client before she testified at depo.
There was a heated exchange about the sub and whether legally suffct for immty. He says she was evasive and wouldn't answer q's. Heated and intense. Order to show cause was issued. Gottlieg retained counsel (Michael Selnick) and his client got a lawyer too. Order was ultimately dismissed with client agreeing to pay for first depo and it would be reset later.
David is always up for the good fight, JQC and later today tooth decay.
I hear he is having veneers put in since he is on tv now more than ever.
Explaining why he appeared before her as a judge and didn't move to recuse until a later case when a disp mot sup was denied and judge told him at plea attempt that he wouldn't be allowed to appeal. Continuance taken he filed writ of mand to fourth and it was granted. He felt she went out of her way to deny motion and deny right to appeal and that it all felt personal. This was the first discretionary matter he had before her so he explained it to client and filed mot to disq. She set a hearing on disq motion, to his surprise.
Explaing how some disq motions filedl later were not granted though the same issues. He filed a writ of prohibition which was granted. AG's office then argues that basis for original recusal was different than what he said (or something like that)
While absolutely irrelevant to the proceeding, MY GOD she is an unattractive woman.
Why can't we have some hot female circuit judges in Broward County. Miami-Dade has Mary Barzee (growl).
Mot to withdraw mandamus denied. Now Bogenschutz up there trying to make him look bad on legal technicalities like difference between mot recusal and disq. Issue why he didn't attach script to mot disq and fact she made comments on record about him that were favorable when she granted motion to disq that alleged bad relationship with her. Bog says she has to recuse because of her comments alone. Now he talks about why he didn't file mot recuse earlier. Saying Mike only filed it because he didn't like ruling. Mike says no only upset he was denied right to appeal.
Making a big deal that Mike's feelings were subjective and that she didn't raise her voice when she denied right to appeal during sidebar. Now he's quizzing him on specific caselaw (Jenne v State 1984) relating to immunity and subpoena issue granting immty. Trying to show she was correct way back when. Mike says every sub from state referenced immty statute except the one from Aleman and he wanted to protect client. Making him look bad as Jenne was 15 years old when this happened to him as a 5 year atty. Mike says it all smacked of gamesmanship based on his prior efforts to get immty. Now Bog is quizzing him on statute specific lingo.
THIS STINKS. ALL WE NEED NOW IS THE SECRET MASON HANDSHAKE.
Playing up his inexperience at the time asking him if he remembers reading cases on immty in law school. Highly legalistic defense like the judges testimony I think. Wasn't he just trying to help his client? Gottlieb repeats he thinks gamesmanship going on that day big time. He told her to plea the 5th and prepped client and Aleman then asked what kind of ice cream the client liked and what her favorite color was. Now back to legal issues re his concern about getting immty and what the stat says.
Trying to paint a picture that he misrepresented to 4th why she granted disq motion prior. Bog says she did it simply because she made comments about him being a good lawyer thereby commenting on the disq motion so she had to grant it pursuant to law. She ruled by written order on sworn mot to recuse and he filed mot disq., somehow that's impt too.
Turnabout being fair play.....
Prosecutor: What is your favorite flavor ice cream?
Aleman: Sweets and other indulgences are tools of the devil. I only eat unsalted crackers and drink water.
Prosecutor: What is your favorite color?
Aleman: I refuse to answer that question on the grounds that it may incriminate me.
OBJECTION. There is no evidence that can be adduced against this witness as a result of her answering this simple question.
COURT: Objection Sustained. The witness is directed to answer.
Aleman: I can't answer the question. It will incriminate me. I swear it will.
COURT: The witness is directed to answer or she may be held in contempt of this Court.
Aleman: Fine. I'll answer. My favorite color is black, as it matches the color of my heart and soul.
Ha Ha Ha All the nasty little tricks she plays on people are ok because they know all the legal loopholes. Almost like she planned it out in advance. Ha Ha Ha.
This was too easy.
Q: ADJ, what is your favorite flavor of ice cream?
A: Whatever they are serving at the Ashville County Fair Ice Cream Social.
Q: What is your favorite color?
A: Brown, like the latinos I turn into INS.
What kind of questions was she asking to Mike G.'s client? Was she rehearsing for a role in the stage verion of Monty Python and the Holy Grail?
What is your name?
Sir Robin.
What is your quest?
To find the holy grail.
What is your favorite color?
Blue....no...yellow.......Argghhhhh.
Tearing up his disq motion now. Discussing his work for Malove when he ran against her and why he included it when it wasn't a factor in prior cases before Aleman. Gottlieb explains again no probs with her until he felt he was treated unfairly by denial of his ability to appeal mot disq. Now accusing him of forum shopping when others would hire him after leaving another atty (4th issued an opinion saying this was no good in some cases). Now talking about whether or not she actually recused or disq herself, very technical.
Talking now how she didn't pass him over for SPDs. Now JQC redirect after recess.
Too Funny. For a guy that would seek to disqualify the judge on every chance he could get, why would he ever want to be given SPD appointments anyway?
What is Dale Ross grilling up for lunch during the recess?
How were the ribs yesterday?
Did he roll out a new secret sauce?
Inquiring minds want to know.
Who's paying for Bogenshutz? Am I?
Judge Dijols the first judge I recognize to stop in today. More defense attys today but still not many. Now panel questions. Since the disq cases many cases, did you file to recuse in each case? Yes. Now Diane Cuddihy after another recess.
he probably called marilyn for some extra curricular activity, so he could get his blood moving
Can you please create a special thread for all David Lindsay and Jack Thompson posts.
The Article can be called "Posts From People We Don't Give a Flying You Know What About on Issues We Couldn't Give a Damn About".
Then David and Jack, et al. can post to their heart's content.
Now Cuddihy. Exec Chief at PD office. Supervises Raticoff and Perlman. Appeared before Aleman a few times before. No problems. Now talking about Perlman telling her she was working for Malove after they found out DP case was moved too Aleman from Backman. Cuddihy prepared a disq motion based on her qualifications as head of appeals for the PD. She even discussed it with other appellate lawyers. Now a panel members cell phone rings six times and he says he's ready to serve his sentence. Now Cuddihy explaining basis of motion ie fair trial etc. Now talking about call from Perlman from courtroom and they rushed into her office and told her about fifteen minute deadline to file motion. Cuddihy starts typing and Raticoff ran back to courtroom. Got a call that Aleman was going to issue rule on Perlman so Perlman runs back. Cuddihy got a notary and ran to the courtroom with notary with typos and lacking case law for motion as no time (hi Nell!). Raticoff was at podium and Perlman was talking to client. Now discussing problems for notary as guy was IC and no ID. She says judge was aggravated and a tense courtroom, very controlled. Order to show cause was hanging over their heads and they were compromised in their ability to rep him so ethically bound to withdraw. Says judge was facing clock and was indicating number of minutes past three that had gone by and they asked for more time as no had suffct time and concerned doubly as order issued and attys in jeopardy. Cuddihy ran back to office (again in front of jurors) and went back to work under great pressure afraid she might be held in contempt and no time to prepare proper motion in chaotic surreal office or courtroom where she was appalled that a dp courtroom where a disq motion that you are bound by four corners of motion and case law (no hearing allowed) where judge was ticking off individual minutes as they elapsed. Case law was on their side but no time to gather it. Saw Aleman again said she had a flushed face and was seemingly trying to control her anger.
Cuddihy says Perlman is a top five atty in the office never a complaint from a judge or client before. Now Bog up making a big deal about how boss Schreiber and Moldof and Gottlieb and Kulik and Perlman and Charlie Kaplan and Jackovich all working for Malove. Asks whether she worked on other PD motions to disq and supposed similarities in motions (boilerplate argument). Now TOBIN makes an appearance.
Wow. There used to be a time where chiefs would assist lawyers in the courtrooms rather than spending their time working on spreadsheets showing how many jail visits their subordinates are making???
Sounds like the office under Schreibs was actually involved in practicing law, rather than pencil pushing.
Judge Tobin is loose again free of the leash of the First Lady and orTudor aka Silent Bob. muzzle tobin before he speaks
well u seem to like what we write u keep reading. -- happy to entertain u
"In a desperate move, she is throwing her colleagues under the bus."
Don't know about that. Gardiner will probably testify that two wrongs make it right. This is Broward after all.
What law school did u attend? Woman lawyers or judges (excepting "J" Lebow) are dogs from the first day. Never growled at 1 but never get to Dade either. Remember that law school joke: difference between trash & female law students? Trash gets taken out!
David broke a tooth and went through the whole hearing in excruciating pain. Your phone isn't ringing at 9am on a Wednesday? You don't have anywhere to appear in court? Perhaps focusing more on your own career instead of taking pot shots at the incredibly successful would do you better?