STATE WANTS 8/DALE COHEN GIVES 25 + 5
Toderick Raymond will be middle aged when he gets outTwenty-three year old Raymond was sentenced today after pleading open to Judge Dale Cohen. No trial, just an acceptance of responsibility and a heartfelt apology to the victim in court.
Raymond had three open cases. Felony charges of Aggravated Assault with a Firearm and Burglary of a Conveyance in
08009598CF10A (possible maximum sentence of five years prison on each count and a three year minimum mandatory on the gun charge), a felony charge of Dealing in Stolen Property in 08000920CF10A (possible maximum sentence of fifteen years), and a felony charge of Possession of Cocaine in 07011810CF10A (possible maximum sentence of five years).
County records show a criminal history comprised of two prior misdemeanor offenses. There were no prior scoreable juvenile offenses.
The facts in the most serious case (the gun case, even though you can get more time for pawning something in Florida than you can for waving a gun around) are in dispute. This part, however, is undisputed: there was a robbery of a vehicle during which Raymond's co-defendant grabbed a cell phone from a van. The co-defendant ran with the phone, and jumped into the vehicle driven by Raymond. The victim chased after his cell phone.
Here's the dispute. The defense argued the victim jumped up on the hood of the car, badly injuring his knee, and was ordered off the vehicle by Raymond at gunpoint. The victim's position was that Raymond intentionally drove at and hit him during the altercation, thereby hurting his knee.
Whatever the truth of the matter is, the State did not charge any victim injury, or anything higher than assault.
Raymond's team of lawyers appealed to Judge Cohen today for a sentence below the State's offer of eight years to resolve all cases. He scored roughly sixteen months at the bottom of the sentencing guidelines, with the three year minimum mandatory for the gun. Accordingly, the Defense asked the judge for a five year sentence.
Judge Cohen did not give any indication prior to accepting the plea as to how he would rule. He did not, as most judges would do, indicate that the Defendant was better off going to trial, or accepting the State's offer. After hearing testimony and arguments, he sentenced Raymond to five years on each of the two counts of the gun case, for a total of ten years. On the Dealing In Stolen Property case, he sentenced him to the maximum of fifteen years (Raymond had pawned a stolen Weed Wacker). On the Cocaine case, he gave him five years probation. All counts/cases were ordered to be run consecutive, for a total of twenty-five years in prison, followed by the five years of probation.
During the sentencing, Judge Cohen was heard commenting that Raymond was lucky that the State had not charged the gun case in a more serious fashion. He may have believed, based on the facts, that the case was undercharged. And therein lies the problem.
Did Judge Cohen compensate for his inability to sentence Raymond to more than ten years on the gun case by maxing Raymond out on the pawning of the Weed Wacker? Was he inappropriately trying to do the State's job? Did he cross the line and act in a vindictive fashion after the State had already determined what it believed to be the proper charge and appropriate sentence of eight years?
We don't know what the Judge, a former prosecutor, was thinking, but twenty-five years sure seems like a pretty long stretch for a twenty-three year old. We also don't know if the Defense plans on asking for a mitigation hearing (or if the State will oppose a reduced sentence). But we hope they do.
Other News: Daily Pulp: The Broward County Commission Is A Nest Of Whores
Daily Pulp: Jim Lewis Responds To The Pulp
US Supreme Court case right on point (9-0). A judge can consider anything and everything. Tthe fact that a Defendant is undercharged is one of them.
I am not about to second guess Dale Cohen based on a brief article on JAAB.
Whatever you thing of his wife Jingleheimerschmidt, he is not a nut case in the least.
Let me review that reports, the file, the score sheet, hear from the victim, check out the defendant's attitude and then I'll second guess Dale.
Then why did the State only need 8? What could have been so egregious that only Cohen saw it during a brief hearing while none of the filing attys or line prosecutors had seen it after living with the case for months?
Didn't Cohen only accept open pleas when he first took the bench on VOP cases, and slam everyone? The lesson of the day: Do not plead open to Cohen! Set everything for trial and clog up the already crazy dockets (anyone who has been in his court on a Friday morning knows what I mean).
Judges who make a constant practice of refusing to accept negotiated pleas do not belong on the bench, period. Yes, there are exceptional cases that can justify it, but by definition most cases are NOT exceptional. Too many Broward judges don't get that their judge is to RESOLVE disputes between parties, not create new ones.
If Raymond didn't want to go to prison, he shouldn't have committed the crime.
I wish more judges were like Judge Cohen in taking this scum off the streets.
First you complain about people getting unfair sentences in DWLSR cases because they don't have attorneys and shouldn't be habitualized. Now you complain when a guy with a "team of lawyers", as you put it, gets a lengthy prison sentence for being a criminal. What don't you lawyers complain about?
JTS
scores 16 months and gets 25 years. Makes you wonder how Mardi would rule if she gets on the bench. Can't see too much of the defense bar backing her if hubby continues down this path.
From what I have seen Judge Cohen generally rubberstamps whatever the state attorneys say, and for the most part he slams the defendant in sentencing.
Maybe this is a little Stanton kaplan type of magick. Wack the guy, make your point, tell the lawyer to file a motion and then mitigate? Makes a strong point, especially to a young punk who needs to learn fast?
Kaplan would at least give cap offers. Here, Cohen did not give "any indication". Even after a trial it is rare to get consecutive sentences. Most would resolve the other open cases to a concurrent sentence.
Gillespie gave a guy 5 yrs FSP for residue yesterday even though the state asked for 30 months.
25 years and the gun did not even fire. That is excessive.
It's all about rumors, but wasn't Cohen the Judge who picked up a pool case and sentenced the Defendant to consecutive 364 after he was found guilty on the lesser charges. Ironically, Kaplan offered the client a 1 year and 1 day cap. Another example of Cohen giving the max.
I have heard there are at least 5 attorneys who have recusals from D. Cohen. Why not " Goldstein " him if you have a client in there and get the heck out before your client is toasted ?
The Broward County Commission has been a so called "nest of whores" for as long as I can remember.
The shell game they play with tax payers dollars into pockets of their supporters, not to mention husbands and families has been going on for a long time.
But nothing ever happens to stop this kind of political practice here in Broward. No investigations, no charges ever brought, no interest from the Sun Sentinel or Miami Herald ever, and no intervention from the Feds because this is Broward County the home of the hanging chad, corrupt judges, and corruption at every level of government.
Therefore without government who cares to do its job, the only thing we can do is vote all the bums out of office. That means all incumbents have got to go bye bye, and soon before they run the place into the ground with their good governance of giving everything to any lobbyists that contributes to their re-election campaigns.
First, Dale was a defense attorney for almost 2 decades- and a prosecutor for Satz's required commitment term. Judges are first and foremost people, they can't always be defined by their career choices- although that would be an easy neat package- sorry it's more complicated then that.
Maybe he sentences defendant's based on being a citizen in Broward County who wants the streets to be safer. Maybe the judge is sensitive to the fact that a defendant who has pending crimes and is pointing guns, threatening and assaulting people should go to prison. hmm... what would your mother sentence him to? What would you want him sentenced to if he tried to run you over after burglarizing you?
Second, Jaab recites the facts but does that mean those are really the facts of the case? Is anything missing? Does Jaab always get its hearsay- third party stories right?
Third, The State??? gimme a break! Sometimes they offer low because they know their case will suck in trial. Witnesses are unccoperative etc...But they don't let the judge know this. And now jaab is siding with the State... when normally jaab attacks them. Make up your mind guys.
thanks mardi for your insight.
however, the guy scored 15 months at the bottom (if you don't count the 3 year mandatory).
MAYBE the State was doing the RIGHT thing for a change and not punishing the guy on a nonviolent charge and offering him 8 years for everything.
Spoken like a true prosecutor who has definitely taken a swig of the SAO kool-aid. So according to you sir/madam ASA all the judges should just go along with the State's pleas- no matter what. Well, then if the judges are merely civil servant rubber stampers... anyone can do the job. You don't even need a law degree.
Do you really think that is the role of a judge? The public thinks otherwise, scary ASA.
The State offered 8 years. Cohen gave him 25+5. That is over 3x what the State was looking to give. Also, the Defendant did not go through with a trial. He resolved the case via plea (open plea). He did not make the victim sit through cross examination. He did not waste tax payer dollars on a week long trial. There is no appeal. He accepted responsibility for his actions. It is very harsh to max and consec upon an open plea.
Nest of Whores refuring to the Broward Commission is an understatement. Ever heard of CONFLICT OF INTEREST? The whole BC commission should be under investigation.
Is there any office that Jim Lewis hasn't run for and lost?
why bother pleading open? if the judge is going to whack you, set everything down for trial and make the judge earn his keep...you know how much they HATE staying past 3 o'clock!
ok mardi.
come on this is bull. 15 years for stealing a weed wacker? cohen was pissed because he couldn't give more on the bad case. it may be legal but it is definitely not right. he should have given 10 and run it all concurrent. 10 is 2 years more than the asa wanted so he makes his point and its over.
Terry Moons has a recusal from there. But imagine what Mardi jingle would have done if one of her four clients she has got wacked like that?
If Mardi were to open plea a client (with no prior felonies) and the Judge gave her client the max, I bet her tone would be very different. Any defense attorney, think about it, you plea open and get your client slammed. Really slammed. Dale was wrong and should mitigate to a concurrent sentence.
This is a Dale issue not a Mardi issue. I say leave her out of the discussion. Dale was wrong. End of story. I agree that he should mitigate.
1. Why would you plead open before Dale Cohen without an indication of what he was going to do?
2. Why didn't anyone run against him in 2008? It's tough to beat a Cohen in this county, isn't it? Gonzalez, easy to take out - right Ellen Feld?
3. I have a feeling the Honorable Dale cohen will be mitigating this sentence. Dale didn't have big ones either in the SAO or in private.
4. If he doesn't mitigate - Goldstein him out of criminal - recuse, recuse, recuse...
5. To quote that great band, the Talking Heads, "Same as it ever was, same as it ever was, same as it ever was, same as it ever was......."
How did Terry get his recusal? (did you see the nice picture of him in the Herald?)
http://justicebuilding.blogspot.com/
THE MORE THINGS CHANGE
Broward SAO asked for eight years on a plea to the court. North of the Border Judge Dale Cohen gave the defendant.....lets play a game:
THE WHEEL OF PRISON!!!!
8......10.......15.......20.......25.......30. (round and round it goes and where it stops only Judge Cohen knows.)
Ding Ding Ding. What did he win? 25 years! You are not HOQ, not PRR, not on probation - in fact you never had probation. Well, congrats, you do now. 25 years followed by 5 years of probation. What a kick in the butt.
BLACKS GO TO PRISON and when they get out THEY GO ON PROBATION
Dale is a decent guy. He is like a young Charlie Greene. Dale Cohen, Ken Padowitz, and Marty Levy Cohen are all friends. Nice people. Very conservative, hard working, very connected within the Mike Satz/Broward State Attorney machine.
Ken Padowitz will be State Attorney some day. Mark my words. Ken is connected with the Rothstein firm (Republican Machine) and is good friends with Democrats. (Kulik, Mitch Ceasar, Judy Stern, Barbara Miller, and the Condos)
Michael Satz beware, Ken Padowitz will run against you or whoever else runs in 2012.
Scary looking guy. Put a helmet on him and he could play receiver for the Arizona Cardinals. Looks like Fitzgerald. Oy vey!
That's why Dale nailed him. Also, if you have a gun and you are black - you are going down in Cohen - hard!
And now for the REAL FACTS from someone who was in court:
1) the prosecutor told the judge that the defendant had THREE prior juvy FELONIES, including a burglary dwelling and another firearm charge. (oops... you left that out JAA
2)The victim was in court. He walks with A CANE due to the injuries from nearly getting run over by the defendant. He was in a wheelchair for FOUR months after the burglary and the attempt to kill him. He was an FPL worker for 29.5 years. He climbed the poles for FPL but could not work as a result of the injuries and could not collect his full pension. He asked the court for the MAX.
3)So for a recap- defendant has three prior serious felonies (juvy) and a pending third degree felony, a pending second degree felony and takes a gun and a car and commits some more felonies while on bond. nice... escalating his crimes as he goes.
Well the real travesty here is that the PD was so stupid and didn't jump on the 8 year original offer by the State (which was so ridiculously low... it should have sent bells ringing in the PD's head). But who knows if any judge would have accepted that plea.
So Jaab did you talk to the people in the courtroom to confirm what the PD told you? That would've been good journalism. Your credibility is at an all time low.
So PD nice job.... what judge would ever entertain a motion to mitigate now? You couldn't wait till after that motion was filed.
So State... good job dropping the ball on filing charges and wimping out on trying the case.
Go read up on the receiver from Arizona. His father is a sports writer and another older family member is an eye doctor or something. The New York Tmes had a good article on hand eye coordination a while back. It does a good job on Fitzie's background too.
Anyway, keep on doing your Broward hate thing.
Knowing Cohen, he likely would have rejected that plea offer hearing those facts. He's done it before.
And the ASAs and PDs are in trial in there on a regular basis, so I dont think it was a question of wimping out. Perhaps undercharged. But in the end, it was an open plea, so obviously the state was only going to budge so far, and not give the defense what they were asking for.
"the prosecutor told the judge that the defendant had THREE prior juvy FELONIES, including a burglary dwelling and another firearm charge. (oops... you left that out JAAB"
And you just disclosed confidential information. The blog said they were not offenses that could be scored. Were they scored?