JAABLOG PRESENTS: "YOU MAKE THE CALL"

                                                 
                                                     Ana Gardiner        vs.      Cheryl Aleman

                                                           JUDICIAL SWEARING CONTEST

                                                                         
                                                        
                                                                
YOU MAKE THE CALL!

Former Chief Criminal Judge Ana Gardiner is soon to be a 
civil division judge, following the publication of allegations of serious ethical breaches that the Judicial Qualifications Commission (JQC) may be investigating.  In light of the recent headlines, JAABLOG is reminded of another controversy involving Judge Gardiner and the JQC.

In December of 2007, the JQC 
tried Judge Cheryl Aleman on charges of behaving in an unprofessional manner.  One of the key issues: whether Judge Gardiner advised Judge Aleman to issue an order of contempt against attorneys defending a death penalty case and hold it in "abeyance."

Aleman 
testified she called Judge Gardiner twice for advice on how to handle the offending attorneys during the proceedings.  When asked if she really planned to issue a rule or not, she said Judge Gardiner said issue it and hold it in abeyance.  Aleman added she was never comfortable about it and never wrote the order out.

Gardiner, conversely, testified in the following manner:

She could only remember one conversation with Aleman.  Aleman called her during the issue with the disqualification 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 a 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. She NEVER gave advice to hold them in contempt, or to hold it 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 under 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 an atty in the 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."

                                               DID ONE OF THE JUDGES GET IT WRONG?

 

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  • 6/8/2008 11:22 PM What the? wrote:
    Ana says death cases are different? Isn't her main problem over the shenanigans that were supposed to be going on during her own death case?
  • 6/9/2008 7:34 AM ANA'S GAME wrote:
    Yeah, she got it wrong alright. It's whatever story fits their little game. If the story doesn't fit the facts, well, then too bad. It's not like it can be allowed gonna rub off on them. How about just the truth. People understand that and further respect it.
  • 6/9/2008 7:43 AM howard no truth wrote:
    This sounds just like you could be talking about finkelstein, when are we going to get the truth from finkelstein. Oh and love the promotion for judge gardiner, it is one the most prestigious positions for a judge.
  • 6/9/2008 7:49 AM A NEW ERA wrote:
    Let us all begin to focus on the public defender's office, it is ripe with so much alleged corruption and wrongdoing, let's get to the heart of it and we are lucky to have Alex ready to step in and take over and cleanse the office and make it an office where people can be proud to work there.
  • 6/9/2008 8:55 AM Conflicts in the Evidence..... wrote:
    Well, what we apparently have here is a failure to communicate......

    Or, in reality, either Judge Aleman or Judge Gardiner are lying, lying, lying......and under oath to boot.

    So the real question for Coffee Talk is who gets your vote as a judge who would perjure herself -- Ana Gardiner or Cheryl Aleman?

    It's hard for me to say...but I think I'd vote for Ana as the person that committed felony perjury during the JQC trial. I mean, Cheryl does in her own sick way believe in a god, and she swore to tell the truth "so help me god" in this proceeding. Even an "evil unfair witch" might find lying after swearing to god a bit distasteful.
  • 6/9/2008 11:33 AM Just a suggestion wrote:
    Just a suggestion, but could Jaab create a side forum for all of these jackasses with personal agendas who are ignoring the topics of discussion to throw out their bullsh*t aboutFinkilstien corruption, how that dumb ass Azzerra will save the day, that Spechler is some sort of thief, that Ana's going down (figuratively speaking)...and so on. They are begining to sound like those crackpots David Lindsey and Jack Thompson. Please do something about this. It makes the blogg so uninteresting.
  • 6/9/2008 12:23 PM Anonymous wrote:
    Judge Aleman is a very religious person.
  • 6/9/2008 12:25 PM Anonymous wrote:
    "Oh and love the promotion for judge gardiner"

    Congrats to Gardiner and Spechler on their recent "promotions."
  • 6/9/2008 12:36 PM Raindancer wrote:
    Been in this town a long time, and seen a lot. But I've never seen a biotch on the bench like Aleman or Gardiner since the likes of Constance Naturo. Both highly unqualified and lacking in any credible human demeanor.
  • 6/9/2008 12:46 PM FINKY OFFICE UP FOR GRABS wrote:
    Just came from the courthouse, the courthouse is abuzz, they are all jumping ship, they can't stand, tolerate the smug finkelstein, he has been miserable to his employees noone wants to stay, everybody but the supervisors have a resume in their hand, there is a general feeling the he is going down, noone wants to be around when he goes down, because he is miserable enough in the general sense, keep mailing those resumes. The public defender spin is the state attorney and the public defender are losing employees statewide because of salary, but when you speak to the asst. public defenders or do exit interviews they can't stand the office, it is politics and the bad attitudes that prevail in the office, it is not a pleasant place to be.
  • 6/9/2008 12:54 PM NEW SPOT wrote:
    Traditionally and historically the desired position in the Judiciary is the Civil Division, almost no publicity, big money cases, low visabilty and greatest prestige, this is the spot all or most senior judges seek. Congratulations Judge Ana! You earned your new spot we all wish you well.
  • 6/9/2008 12:54 PM Anonymous wrote:
    Civil Division= Dumping Ground for either Inept, or Corrupt Judges!!
  • 6/9/2008 2:49 PM civil atty wrote:
    Civil Division = Island of Misfit Toys. Thanks much Judge T
  • 6/9/2008 3:45 PM peas in a pod wrote:
    funny how ana replaces barry goldstein. goldstein was banished to civil too. he ran his mouth about never reinstating on vops or something and off he went. ironic.
  • 6/9/2008 3:49 PM Sugar Sugar wrote:
    I got one of Ed Sugar's campaign flyers today. It says "I will bring integrity back to our courts and keep politics out." Good luck.
  • 6/9/2008 3:51 PM Anonymous wrote:
    Gardiner has been a judge for 9 years?

    Surprising it took this long for things to catch up.
  • 6/9/2008 4:01 PM Anonymous wrote:
    I'm pretty sure Ana Gardiner and Ken Jenne are close friends. You know, the guy sitting in prison for getting caught up in lies and frauds on the public. I wonder what he thinks of all this stuff about Gardiner. This sure is a funny place to live (unless you are poor and a minority).
  • 6/9/2008 4:50 PM Screw You Judge T. wrote:
    Why send Ana our way. Do you just hate the civil practicioners? Didn't we give you enough for your campaigns in the past? You keep that nitwit Aleman screwing up our cases and making it impossible to get a hearing, and now you send us Ana Gardiner. Blech.
  • 6/9/2008 5:22 PM ANA GOT PROMOTED wrote:
    ANA GOT PROMOTED ANA GOT PROMOTED ANA GOT PROMOTED (if you keep repeating it to yourself you actually start to believe it)
  • 6/9/2008 11:59 PM L Benson wrote:
    Gardiner can't even remember who or what was last between her legs or in her mouth--How can one reasonably expect her lying, conveiniently forgetful mouth to remember a conversation "contrary to her best interest" with another judge.

    Too bad the JQC picks and chooses which complaints to investigate. I proved with court records and 12 witnesses she committed multiple felonies as a judge and the JQC'd Brooke Kennerly along with panel member and now top dog judge Backman said these were not Ethical violations under the Canons.

    Gardiner belongs in prison and Florida doesn't deserve its statehood for permitting, coverin it up, condoning and assisting in it.
  • 6/10/2008 8:08 AM cheap capers wrote:
    Sure, it was a promotion! Nitwit. There's a bridge I want to sell ya in Brookland cheap. Cheap is the operative word here. The Cheap Capers is the story's title. She ahd to be put out of the way. Next step The Bunker for keeps.
  • 6/10/2008 9:13 AM what a joke... wrote:
    "it is one the most prestigious positions for a judge"

    you've got to be kidding me. can you say buh-bye federal judgeship????? if memory serves correctly, isn't this the same position goldstein received when his problems started?

    she can justify it anyway she wants but we all know the truth..she's going there kicking and screaming.
  • 6/10/2008 9:15 AM ha wrote:
    how did she "earn" the privilege to be banished to civil???? rumor has it the phones have been ringing off the hook in tallahassee....hmmm....
  • 6/10/2008 9:17 AM ahhhh.... wrote:
    i'm just glad we don't have to deal with her anymore on the criminal side. hey ana, think of all the "possibilities" in civil....see, every dark cloud has a silver lining, right?!?!

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