LEBOW DISQUALIFIES 17th SAO
Judge Lebow denies dismissal in State v. Martinez but disqualifies the Broward State Attorney.
Raft will seek extraordinary writ to the 4th, etc.
No mistrial for manifest necessity...jurors were told not to report but specifically reminded that they were not discharged.
Best language:
-The court is disappointed the bells of common sense and the code of professional responsibility were not loudly clanging the moment the ASA heard the Atty...Anyone who has ever turned on a TV knows about the privilege...
-BSO sent an email regarding the taping of attorney calls to JAABLOG, a website specializing in scurrilous anonymous postings and scathing criticism of judges...
Update to follow...
SENTINEL
State Attorney's Office disqualified from murder case for listening to taped phone calls
"In a rare rebuke to prosecutors, a state judge on Monday disqualified the entire Broward State Attorney's Office from handling a first-degree murder case in the midst of trial.
Common sense failed prosecutor Brad Weissman, Circuit Judge Susan Lebow said, when he listened to phone calls that murder suspect Luis O. Martinez made from jail to his defense attorney.
The Broward State Attorney's Office intends to appeal Lebow's ruling, said Ron Ishoy, a spokesman for the office.
His office has never heard of any state attorney's office in Florida being entirely disqualified from a case in the middle of the trial, Ishoy said...
(Could this be because no other SAO has ever stooped so low?)
"Obviously, we were hoping for more, which we knew was a lot to ask," (Defense Attorney) Grillo said. "But this at least places the attorney-client relationship on the pedestal where it belongs. It's sacrosanct."
Raft will seek extraordinary writ to the 4th, etc.
No mistrial for manifest necessity...jurors were told not to report but specifically reminded that they were not discharged.
Best language:
-The court is disappointed the bells of common sense and the code of professional responsibility were not loudly clanging the moment the ASA heard the Atty...Anyone who has ever turned on a TV knows about the privilege...
-BSO sent an email regarding the taping of attorney calls to JAABLOG, a website specializing in scurrilous anonymous postings and scathing criticism of judges...
Update to follow...
SENTINEL
State Attorney's Office disqualified from murder case for listening to taped phone calls
"In a rare rebuke to prosecutors, a state judge on Monday disqualified the entire Broward State Attorney's Office from handling a first-degree murder case in the midst of trial.
Common sense failed prosecutor Brad Weissman, Circuit Judge Susan Lebow said, when he listened to phone calls that murder suspect Luis O. Martinez made from jail to his defense attorney.
The Broward State Attorney's Office intends to appeal Lebow's ruling, said Ron Ishoy, a spokesman for the office.
His office has never heard of any state attorney's office in Florida being entirely disqualified from a case in the middle of the trial, Ishoy said...
(Could this be because no other SAO has ever stooped so low?)
"Obviously, we were hoping for more, which we knew was a lot to ask," (Defense Attorney) Grillo said. "But this at least places the attorney-client relationship on the pedestal where it belongs. It's sacrosanct."
Well done. But, will this be enough of a Chinese fire wall, when the Dade ASA or the Palm Beach ASA take over??
When they take over they will time serve. He has 5 in already. The case is a total mess which is why they offered 8 yrs to begin with.
8 yrs on a Murder 1??
what about old fashion private enterprise acountability? why wont satz just fire the asa and his supervisor for possibly letting a murderer loose?? they spend all this time & money on silly cases but instead of admitting screwup, getting rid of either stupid, poor or dishonest employees they will continue their costs and mistakes going up to 4th. satz is a puskit
Light moves at 670,616,629.3844 miles per hour which is a tad slower than how quickly Weissman's chances of ever becoming a judge disappeared after Lebow's comments.
Right on.
I still think she should have dismissed this but at least she sent them a strong message.
Hopefully this will be a turning point toward responsible behavior in that office.
BSO sent an email regarding the taping of attorney calls to JAABLOG, a website specializing in scurrilous anonymous postings and scathing criticism of judges...AND BORING CLUSTER POSTS ABOUT JACK THOMPSON
I wanna do Casey Anthony before she fries-did you see the link showing her blowing some anonymous organ (in scum-sentinel topix section)? That was me she sucked.
Let us forget all the BORING CLUSTER POSTS FROM JACK THOMPSON. Like:
"No. Citizens can file lawsuits pro se. Duh."
"Duh?" Yes, "Duh." And from someone with 7 years of post-high school education.
I still wanna do Casey anthony ASAP.
weissman should get a bar complaint
Thank God, somebody is keeping an eye on these crooks. I don't know about scathing criticism that isn't well deserved by what I read. Do all crooks live in South Florida or just the ones on the public dole?
Free the killers, lock up the crackheads
Have no fear--Raft doesn't--he'll just pass on the illgaly obtained tainted information to the next assigned ASSA. The stink from Satz and Raft's skunkhouse will never be eradicated--what a deceptive stupid judge calims or rules to buffalo the people with her BS to even intimate by "words or acts," appearance that even an outside ASSA would make even one iota of difference to the prejudice created by these protectors and servers. And Raft cares nothing about that law or anybody's rights--it's only about winning and protecting those who cheat to do so. the public deserves to have this guy released and put back into the public as a penalty for their malfeasance. Every lawyer is supposee to know that when he or she receives an unauthorized or privileged communication, it is suppose to be returnes and disregarded. Any resultant prejudice cannot be undone because some beligerant self-derving biassed judge says so.
Judge Lebow obviously did what she thought was right and is a well respected judge, but she did not as a judge send the message that was needed and that would have been expected of her.
Her mention of blog criticisms is highly misplaced as well as her mention of blogs specializing in scurrilous postings and scathing criticisms of judges.
I would just ask where her moral highness has been over the last several years (if not over the last twenty years while the judiciary has been run by a group of thugs) and where she's been, as well as to elicit her hallowed opinion, when judges have repeatedly made fools of themselves in anything but judicial behavior from the bench and elsewhere such as smoking pot in public parks around children, taking loans from attorneys appearing before them, uttering completely inappropriate comments from the bench, running into parked cars at parties, scandals involving inappropriate relationships with prosecutors, calling defendants Non-Human and Victims Wide Receivers and the rash of JQC complaints and reprimands that have been reported almost daily in newspapers and blogs across this county resulting ultimately in the election of new chief judge in this circuit; judges throwing emotional fits and quiting in rage, as well as other judicial resignations under intense public scrutiny; the less than judicial participation in political payback schemes, and the most recent ouster of several judges by popular vote for whatever reasoning she wishes to assign to it.
Perhaps Judge Lebow before being so judgmental of people having a voice about this judicial quagmire that is Broward County should look no further than her own back yard before making such comments when obviously there are many that continue to show their dissatisfaction at the quality of the judges [serving)] in this circuit as arbiters of Justice.
If as Lebow says everybody that watches TV knows what a privileged conversation is, why did she take no further action regarding the participants? Isn't that her job? Or do judges just do that when there are political considerations at stake?
Is Lebow going to file a bar complaint against the prosecutor? Really doubt it. Not in Broward.
Great Job, no-one had mentioned that idiot so far in this thread...
@JUDICIAL NOTE, who wrote:
"Her mention of blog criticisms is highly misplaced as well as her mention of blogs specializing in scurrilous postings and scathing criticisms of judges."
One hundred percent spot-on, dead-ass correct. You win the Internet. Unless, of course, the nature and character of JAABlog was somehow a disputed or unresolved fact in need of fact-finding by the bench on it's way to the rendering of it's decision. And, hard as I look, I can't see what relevance the nature and character of JAABlog could possibly bear on the issue before the bench. That "finding" was wholly unnecessary and inappropriate and indicative of a lack of judicial restraint, in my opinion.
I was really surprised a Susan Lebow falling prey to that kind of statement as well. Just goes to show you that Broward judges, even Lebow, tend to think of themselves as somehow above criticism, even when they are spot-on wrong. She really corked this time. And not a very good vintage. I expected more.
You forgot the filing of a Federal Suit by Spechler against CJ Tobin. Good one!
This the same blog that accused Lebows daughter of having an affair with a married PD breaking up his marriage. Her opinions right or wrong are none to shocking considering this blog ruined her kids reputation.
Hey, Judge Lebow: What in the world does Jabblog, a blog, have to do with prosecutorial misconduct and the elements of this trial?
Shouldn't you be thinking about how the prosecutor should be disciplined aside from simple disqualification?
Where was your head? Or is it just the defendants charged by the State and defense counsel that are disciplined by the court?
I respectfully think you were wrong on this one.
10:35 AM Anonymous:
If she has beef with JAABlog, fine. But beefing with JAABlog from the bench when JAABlog ain't the issue before the bench don't make her look good, at all. It makes her look like she's abusing the power of the bench.
Lebow completely missed the target on this one. She was never going to do more than what she did as far as Weissman. Classic case of no boundaries by the state.
why does satz just not fire them for cheating???????? those asa's playing golf are playing the wrong game!!!!! it is a game of honor, self policing, calling the rules on yourself!!!! must be alot of foot mashies being used when those asa's play.must be hard to keep your eye on your own ball when you know your playing companions are trained to cheat and its acceptable. fire them you spock eared pin head!!!!
Fire them for cheating!!! where have you been?? they are rewarded for winning at all costs! U think they care about justice? Anyone who has had any substantial dealings with SCOTT RAFT and/or JULIE VOGEL would know that they are cheating, lying scumbags. They should all be referred to the Florida Bar.
Thanks Bill Gelin.
What's Susan Lebow's rant about a blog got to do with the case in question? Is she out of it or what?
Does the judge have a screw loose or something?
Actually, JAABlog, per se, isn't wholly unrelated to the issue at bar. Apparently it, along with the BSO's website, was attemptedly used to disseminate information about the BSO's policy re: inmate calls. It's the relevance of the "rant" part which is questionable.
Why/how is Brad Weissman being condemned as unethical when every call on those recordings begin with, "This is a call from a Broward County Inmate, and WILL BE RECORDED?" How is it that no one suggests that a defense attorney who permits his client to speak substantively about his case over a telephone under these circumstances (again, see above for what the inmate and person he calls hear before any conversation occurs) is not negligent, condemnable behaviour?
The attorney invoked the atty client priv on the calls and the jail said the calls to lawyers would not be recorded or monitored.
Susan Lebow has finally joined the long list of judges that has gone over the top and seriously needs to consider retiring.
They have been abd the Bar did nothing. It dismissed the complaints because they found no cause that lying, elicitng perjury and failing to correct it, making false and misleading misstatements of fact and law, lying to a tribunal; concealing evidence contrary to the state's position; refusing to bring known ASA fraud to the attention even after (that's on 3.850) the conclusion of the proceedings defrauded etc, etc, etc, does NOT violate the Bar Rules.
They all have a stake in the outcome.
Imagine the Bar complaints against the Bar members for actually finding an ASA guilty--he or she'd be crucified like Conway.
And John White's position is that any problems inherited from before his aegis are not his problems--it's clean slate time to skate.
I still don't understand Lebow's comments. Is she all there (?) or is it time for retirement? It's like she's on too much medication or something.