GARDINER DELIVERS DAMAGING TESTIMONY

Gardiner went first this morning, called by the JQC. The judge is in trial, so they accomodated her schedule. Currently finishing Perlman's testimony.

Gardiner said she learned in judge school that contempt powers are a measure of last resort. Use of them reflects a deficiency in a judge's ability to control the behavior of the attorneys and the courtroom.

She said Gottlieb is a gentleman, excellent attorney, highly qualified, etc. but would not expect he would have left out a transcript when submitting a motion to the 4th.

She said Perlman is challenging for a judge in that she is a good aggressive litigator who won't let any judge do whatever without responding. She's outspoken and stands for what she pleads. Never disrespectful. She said she can walk into a packed calendar call and can hear Sandra talking but she controls her with humor saying things like "can you wait until you are called to argue your case" and reiterated that she is never disrespectful. She said Perlman isn't challenging by raising her voice, just that she's assigned to the most difficult cases and clients and is a staunch advocate. She never had a problem with Perlman being unprepared and was well prepared when the case was eventually tried before her.

She siad Raticoff was her ROC Ct PD for at least a year. She tried 82 cases last year and Raticoff was in trial with her once a week. A very, very good lawyer, great skills, never disrespectful, maybe a bit "hyper", in that he has to move sometimes. Never saw Raticoff or Perlman engage in disrespectful behavior. Their level of expertise means both will not leave any issue alone within the parameters of legality.

After Aleman got switched to Civil, Tate, Perlman, and Raticoff approached her as mentor to Rodriguez-Powell who was not yet death certified. Time went by as discussions led to Satz dropping the DP, and it went to trial about a year later before Gardiner.

She could only remember one conversation with Aleman (Aleman says there were two).  Aleman called her during the issue with the disqual motion. Gardiner says she was not informed it was a death penalty case, was not told who the attorneys were, and offered advice to give them a pad and pencil to write the motion and to supplement it later with typed motion. Gardiner said she did not discuss anything about a rule to show cause or holding it in abeyance, and that, in fact, as she speaks two languages (Spanish first), she would use the term "deferred" instead of "abeyance", which is a word she never uses from her Spanish speaking background (I'm not sure if she advised 15 minute time limit or not). She NEVER gave advice to hold them in contempt, or to hold in abeyance. She never would hold attys in contempt during trial, that's not in her nature or experience as a judge for 9 years.  She can't see herself doing that unless the most extreme circumstances and would never suggest the abeyance procedure.  Death cases are much different, she only knew it was a large panel, thought maybe a murder case, but never would put atty in position of deferring ruling especially in a death case or any criminal case because that creates a conflict with the atty. She has never given a pad and pen to an atty with a time limit to write a motion before, and never has received a written one in court before. She said you never want to rush a death case.

"I don't know if I would have given the same advice if I had known it was a capital case. I would have explained to the jury and thanked them for their understanding and cooperation."

She said Holden is an excellent atty, calm, honest. Bogenschutz asked her is she knew about "Project Kaplan" or "Project Goldstein" in which the PD tried to unseat those judges (foreshadowing to Closing?). She said it was before her time, can't comment.

She said she thought Aleman did the right thing in coming to her with the question, as a judge who is arrogant does not pick up the phone and ask another for an opinion. As things happen quickly in a trial setting, that's what a judge should do if they have a doubt or a question.

 

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  • 12/6/2007 6:41 PM you've got to be kidding me wrote:
    next we'll be hearing that o'connor is the closest thing to ideal. yeah right.
  • 12/6/2007 6:44 PM Anonymous wrote:
    uh oh someone spoke out aginst billy must be aherd cyberblob ratboy fetus....yawn same old same old

    bringing someones mom into...what a loser... but would you ever say it to his face...nope
  • 12/6/2007 6:44 PM Hey Dr. Brannon wrote:
    what did the DSMIV say about Aleman? what's her axis I? Inquring minds want to know!!!
  • 12/6/2007 6:45 PM Anonymous wrote:
    No...but Cyberblob did...
  • 12/6/2007 6:48 PM Who's Your Daddy JEFFlog wrote:
    I guess complaining about bringing someone's mom up is not legitimate since since many of the comments posted on here are about JEFFlog's and JAABlog's daddy, otherwise known as The Adjudicator.

    God, JEFFlog is so desparate for some judge-love ...
  • 12/6/2007 6:50 PM anonymous wrote:
    Point of Clarification: Anyone who was there ... Did Judge Aleman admit to ripping up any piece of paper? Did she say "I did not do that;" "I did do that," or "I can't remember whether I did that?" Also, What is the exact allegation? that she ripped up a Motion or that she ripped up a proposed order?
  • 12/6/2007 6:51 PM Rumpole wrote:
    Keep it up guys. I am laughing my ass off. You guys tear into each other just like we do south of the border here.
    Give Judge Holmes a break. She's originally from Dade and treats us just as bad as she treats you guys.
    Never did like Tobin- he was arrogant and mean to me and my clients and let it be known it was because I was from Dade. However in over 20 plus years of practice, no judge ever treated me and my clients worse than Aleman. Granted, she did it calmly. She never raised her voice- but the impact of her rulings was hardly mitigated by the fact she was calm as she evicerated me and and my client.
  • 12/6/2007 6:52 PM Rumpole wrote:
    that should be eviscerated
  • 12/6/2007 6:54 PM Anonymous wrote:
    Is Rumpole Judge Tobin?
  • 12/6/2007 6:55 PM Court Watcher wrote:
    Hey smart asses. Why don't you all just go to www.RobeProbe.com">www.RobeProbe.com (world's most trusted judge rating site) and submit your ratings and lengthy commentary for this Buck-Toothed Bimbo a.k.a. BenchBully?

    Wanna see this Buck-Toothed Bimbo's official answer to the complaint that was filed with the court? Then check it out when you view this RogueRobe's ratings page on www.RobeProbe.com">www.RobeProbe.com. The site is the most thorough I've seen yet on the web for giving idiots like this one a report card on their "job" performance.

    Diss-Robe this BlackGowned Clown already and stop wasting taxpayer money on a "show trial".
  • 12/6/2007 7:02 PM robeprobe? wrote:
    robe probe? isn't that what happens when seidman and marshall get together.
  • 12/6/2007 7:46 PM david lindsey wrote:
    it beats allot of the stupid comments u make saying nothing, at least mine are to the point and are true. a u love reading them and saying stupid things
  • 12/6/2007 8:36 PM The Faux Truth wrote:
    To David Lindsey at 6:46.......Here's my comment.

    "David Lindsey wouldn't know the truth if it came up and raped his ex-wife in the a--."
  • 12/6/2007 9:07 PM Anonymous wrote:
    David
    the alleged affair between you ex and ross happened when she was married to someone else. she has left it in the past as did tobkin. why are you so obsessed with it? didn't it happen alomst 20 years ago. is it really your cross to bear?
  • 12/6/2007 9:47 PM Anonymous wrote:
    Let's look at the witness list against Aleman. Gotlieb, Perlman, Radicoff, etc., etc.

    The militant jewish crowd in Broward is simply pissed off that there is a right-wing Christian Judge and is doing their best to get her thrown off the bench. For the record, I don't respect any of the three I mentioned. 1 is a wheel hack Raddicoff has SERIOUS issues himself and Perlman is just an idiot.

    I had probably 5 or 6 cases in front of Aleman. I never had any problems with her. I didn't f--- with her. I knew better. You know that she doesn't play like that. The people who have problems with her insist on f------ around with her and they ended up getting f----- themselves. All of the attorneys that are bitching knew better, but f----- with her anyway and then went crying about it. I have no sympathy for them.
  • 12/6/2007 9:49 PM Anonymous wrote:
    Its annoying to respond to your racist crap, but just so you know, all 3 of the lawyers you mentioned are mormons, not jews.
  • 12/6/2007 10:06 PM Anonymous wrote:
    Hey Rump,
    Glad to see you visiting our blog!
  • 12/6/2007 10:16 PM Anonymous wrote:
    I wonder if the JQC panel will inquire with Holmes: "hey, wasn't there a complaint filed against you too?"
  • 12/6/2007 10:33 PM let's list the liars wrote:
    The Deputy: let's ask him about the day the deputy told Aleman that a def taking a plea was drunk! Big mistake, he said, the humiliation of the def went on for hours!!!
    Gardiner: Those DP cases were never going to stay in RP's div because she wasn't death qualified..they were all lined up to be reassigned..remember that Gardiner was NOT admin judge when Aleman was moved to Civil, Greene was!!!
  • 12/6/2007 11:00 PM Anonymous wrote:
    Now that would be fun to watch..Judge Greene appearing on behalf of Aleman in front of the JQC. Those seats would sell out quick.
  • 12/6/2007 11:00 PM Aherd in CR wrote:
    aren't Big Boy's Cost Rican jaunts going to hurt his sole, remaining occupation? namely, that of 'Volunteer Campaign Guy'

    I mean, the 1 or 2 people he does this volunteer-work for may want to reconsider when his public, passport info reveals how many jaunts he has made in desperate attempts to lose his virginity ... but again - that breath just kept interfering. some day ...
  • 12/6/2007 11:17 PM Anonymous wrote:
    Lol, for the guy you accuse has an obsession you certainly spend a lot of time obsessing about him. Why would you keep talking about a guy who you say has no friends and his business washed up. More importantly if you were in the CR with him today why not say these things to his face, lol.
  • 12/6/2007 11:21 PM Anonymous wrote:
    Aleman and Marin sitting in a tree ... "she's the ideal judge" Blecchhhh!
  • 12/6/2007 11:23 PM Anonymous wrote:
    "The militant jewish crowd in Broward is simply pissed off that there is a right-wing Christian Judge and is doing their best to get her thrown off the bench"

    Hmmm 60 days for Katz. Ain't he tribal too?
  • 12/6/2007 11:30 PM Anonymous wrote:
    She had two lawyers and neither one was Jewish. Too bad, now she's gonna lose and have to cough up 50 grand in costs. Didn't Archie say you always should have a Jewish lawyer?
  • 12/6/2007 11:36 PM Anonymous wrote:
    Marin is right...the attorneys who were not prepared for the same lame reasons over and over were the ones whose feet Aleman held to the fire ... And the drunk defendant really was drunk - he could barely stay awake even after he was cuffed to the chair.
  • 12/6/2007 11:40 PM Anonymous wrote:
    Marin is right...the attorneys who were not prepared for the same lame reasons over and over were the ones whose feet Aleman held to the fire ... And the drunk defendant really was drunk - he could barely stay awake even after he was cuffed to the chair.
  • 12/7/2007 8:22 AM Anonymous wrote:
    the "drunk" def was so intoxicated all he could do was explain over and over that he had already pled his case out in county court. He kept going on and on about how he shouldn't be there. Because of that his complaints were dismissed as a drunken stupor he was held in contempt and sentenced.

    3 months later when the state nolloed the aleman's case, turns out he was right. So much for the ramblings of a "drunk."

    She was intoxicated with he power.
  • 12/7/2007 8:34 AM Anonymous wrote:
    He must have had a great defense attorney ... the PDs must have been on their game.
  • 12/7/2007 9:26 AM let's list the liars wrote:
    You're not getting the issue! Point is the Judge wasted 1.5 hrs. of everyone's time with the def, taking testimony from a deputy etc., when she should have just re-set the plea because the guy wasn't competent to take it. This was a shining example of Aleman's disrespect for attys, def, victims and staff...forcing everyone to sit through hours of this kid of crap!!!

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