JAABLOG'S KITCHEN STINK
Carmel's on the Case Finkelstein and Aljazeera's Nick Spicer
The infamous "Elevator Beatdown Video", first discussed on this blog by "Tip of Iceberg" at 9:09 PM on 2/27 under "FLPD Quota Lawsuit", should see the light of day tomorrow (sorry, this was written before we realized Tonya had posted the story this afternoon). Our favorite courthouse newsie is all over this one, so we won't ruin the surprise with too many specifics. We will, however, congratulate ASA Kenneth Cohen for going to Lee Cohen and Chuck Morton and getting the latest in a series of disturbing "Cover the Cops' Asses" case filings dismissed. Too bad it took a truly disturbing video to get the State to do the right thing, and shame on Tim Donnelly for not making this go away when he had the chance. Sources told us he saw the video, refused to investigate the cops even after reading the reports which were in complete contradiction with the video ("This is for Internal Affairs"), and allowed the case to be filed ("0-89" Donnelly is the head of the Public Corruption unit under Satz). We're told Doug Bates has the referral, hopefully he'll able to teach everyone involved that this kind of crap will no longer go unpunished in Broward County. (See Prosecutors drop Fort Lauderdale case after beating videos emerge and Information Ortiz [Hmmm, filed by Mark Horn and Jules Cohn] [See Sentinel site for narrative police reports and video])
Tune into Channel 7 Thursday at 10:00 PM. If you thought you saw Carmel Cafiero hanging around the Traffic Courts recently, you definitely are not paranoid. "Ticket Talk: Secret Communications" is reportedly a doozy, good enough for WSVN to wait until the first night of Sweeps for its premiere. Get your TIVOs running, or tune in again Friday at 6:00, if you happen to be a semi-Luddite who missed the Thursday showing.
In more TV news, our very own Help Me Howard is going international. Film crews from the Aljazeera Network shot some footage of Howard last week, for a special they're producing on U.S. laws which guarantee counsel to everyone accused of a crime. Others from the Broward legal community may have also been interviewed, but correspondent Nick Spicer wouldn't tell us who. Will Judge Larry weigh in? If so, could this be his entre into world politics? We can't think of anybody better suited to mediate the tensions in the Mideast with a hug, a cry, and maybe a little nosh. Stay tuned, we'll let you know when the special will air after production is completed.
Remember the Turf War! between Tobin and Forman? The story has been picked up by the Sentinel Blog, replete with amusing documents.
Some pretty strange Probable Cause Affidavits have also been popping up recently. There's the Brodsky affair, currently being prosecuted before Judge Berman. Politically motivated? You be the judge. It justs seems like another case that should never have been filed.
From Judge Lazarus' division comes a tale last week of a confidential informant, charged with petit theft, for, you guessed it, stealing the investigative funds entrusted to him to secure cocaine delivery arrests. His name is being withheld from the blog, for obvious reasons.
This week's highlight is the case of Gregory Kennedy, arrested in Hollywood in January. His case broadens the definition of probable cause. The PC speaks for itself:
"...These Detectives observed three black males riding bicycles in the middle of the street, swerving back and forth. These detectives then pulled up to the three black males at which time , we proceeded to make contact with them. Upon this detective making contact with the black male later identified as arrestee Gregory Kennedy, I observed a white powdery residue at the tip of his nose, which through my training, knowledge and experience recognized the substance to be suspect cocaine. Due to my observations, I then proceeded to wipe the residue from the arrestee's nose at which time, I conducted a Valtox Test and (it) tested positive for the...presence of cocaine. Gregory Kennedy was taken into custody..."
We don't have much to say about this one except: couldn't it have been a powdered donut?
Remember the endless posts about trial statistics, and the confusion regarding DUI stats? The Broward State Attorney's Office has been nice enough to divulge the following information regarding DUI trials, through official channels:
The totals are for the year 2007, the most recent available, since the "state computer software (they) have is not designed for creating statistical reports, but rather keeping track of the case files, court hearings and witnesses."
The numbers:
3,160 Pleas (includes 25 Pleas after the jury was sworn)
39 guilty verdicts at trial (through verdict)
94 not-guilty verdicts at trial (through verdict) (includes seven Directed Verdicts)
9 guilty of a lesser charge (through verdict)
71% not guilty county after verdict (in line with Satz's general trial performance)
9 Felony DUI guilty verdicts
4 Felony DUI not-guilty verdicts
31% not guilty felony DUI
We also asked if there really are policies for drug sales offenders.
The answer:
"Unless a supervisor approves a deviation based on the facts or circumstances of a particular case, the general minimum office policy for plea offers for Delivery of Cocaine or Possession With Intent To Distribute Cocaine is eighteen months Florida State Prison."
We asked if it is policy that a Defendant who was previously or currently designated a Habitual Offender (HOQ) scoring discretionary (ie not mandatory prison sanctions) would be offered a year and a day in Florida State Prison.
The answer:
"There is no written policy that the (spokesperson) is aware of regarding Habitual Offenders who score discretionary range under the guidelines. It depends on the particular charge. A supervisor reviewing the case may suggest a particular sentence."
Our last question:
"Will Mr. Satz retire at the end of this term?"
The answer:
"No comment".
Lastly, we hear the movement to banish the statue of Napoleon Bonaparte Broward from the criminal courts section of the Main Courthouse may be gathering steam. Although State Representative Perry Thurston told us he thought the cause was "collegiate", we find it highly perverse having a strong advocate for the banishment of all African-Americans from the shores of these here United States welcoming African-Americans and their families to the very same courtrooms where African-Americans are shipped up the river in wildly disproportionate numbers to their white counterparts. As we said before, it's unrealistic to rename the county, but it's not that hard to push the statue up to the eighth floor and deposit it outside some rarely used judicial chambers.
THE KITCHEN IS NOW CLOSED
Doug Bates has a long history on being one of the best in the business. They're in for a real eye opener. They've got nobody that can stand up to this guy. Show'em how it's supposed to be done, Doug. I know you'll hold nothing back.
Satz needs to go after those "elevator beatdown" cops. Charge them with Battery and filing a false police report. Send a message. Take your tough on crime stance, and be tough on crime to ALL those who commit crimes (yes - even the police).
What if there was no video of the incident. What if the new felony ASA was too afraid to go to a supervisor. What if they went to trial. What if the verdict was guilty. What if the Defendant received 5 years Florida State Prison.
Bates is a hack.
Even a better idea: Put the statute of Bonaparte in Ross' chambers as a reminder to Ross of just how small he actually is, in as many ways as that might apply.
The other Bonaparte, the infamous one, was probably Ross' idol throughout his entire career here in Broward Judicial Politics, and maybe it'll serve as an example to him as to just how far you can fall when you go too far.
PLEASE, NO MORE OF JUDGE JUDY!!!
If there had been no video this would have been the same as 10,000 other cases. Get real. The pigs all protect each other. There is no justice here. We need change bad.
There's nothing secret about the secret communications in re Ticket Scams. I'm surprised it's taken this long to come out.
The cops should be prosecuted. What's this us against them attitude? How about just a little equal application of law. Heard the video is brutal.
Did you see the hack job of an IA investigator for Ft Lauderdale. He is full of crap when he said there was another video, if there was on dont you think they would have turned it over to the state. How do you like his comment they violated no policy and did nothing wrong. I hope its his son that gets the same treatment and see if he sings the same tune. But remember this is FLPD the same that gave you maldonando ( still working) (Lenihan) and all the others this will probably get these officers a commendation and oFFICERS OF THE MONTH
There is a second video. It shows Ortiz doing absolutely nothing wrong except standing in a n elevator from the perspective of the lobby. The vid from the elevator caught the attack from up close, the one from the lobby shows the cops going in and pulling him out and smashing him to the white floor which becomes blood red.
this is a lawyer blog so there won't be much outrage - happens all the time only this time caught on tape ask any criminal lawyer
Yet judges still back up every lying POS cop on Motions to Suppress.
The video is cut at the bottom on the Sentinel. It is pretty bad when you see the full screen.
This was a fun post to read. I really liked this one. Fun and informative.
And Kenneth Cohen for County Court Judge 2010?
How many times are ASAs forced to go forward on Motions to Suppress when they know the cops are lying? what kind of a dirty system do we have in Broward?
Cops know all there is to know about powdered donuts.
What does Thurston really mean? Does he know?
GO HOWARD!
Satz needs to be charged and prosecuted as an accessory after the fact and conspiracy--on each an every case since they all arise out of different incidences. Satz needs to go to prison and face all the people he's railroaded there over the years by fabricating convictions.
Satz is a pig. There's not an ounce of integrity in his concreton head. He and his people lie and cheat and then lie about lying and cheating.
So how does he keep getting elected? How doe he keep from being investigated when even Jenne was.
A police officer's use of pictograms or otherwise like symbols in order to signal or convey to a sitting judge on a particular case his or her opinion concerning any proposed outcome of the case, although heretofore to my knowledge not addressed in specificity by law under these exact circumstances, exhibits the height of impropriety on the part of any investigating agency and or officer and should be addressed in the harshest terms by the court and made part of public record.
Any failure to do so would define in fact an explicit complicity extant between the arresting agency and the required neutral party as judge to hear the case fairly without influence of said communication, whether encrypted or not, outside that police officer's own testimony, which has been addressed and which is strictly forbidden in terms of law.
Any judge having seen such symbol or communication and recognizing it thus failing to bring to it to the attention of defense counsel should be recused from hearing the case and appropriate measures taken to discipline the individuals involved including said judge and the officer who authored the report containing such clandestine communication in violation of law.
It constitutes in fact no more or no less than the conveyance of an idea or concept to a judge expressing the officer's wish or desire that the defendant charged be treated in a manner either more harshly or less harshly in terms of sentencing or outcome of the case than what the law requires and that which would be imposed by The Court.
It is a sad day indeed for Justice if this practice were to be remain unaddressed and glossed over by any presiding judge and undermines the confidence in our courts and our individual rights guaranteed by our Constitution.
When is the Clerk's Office and Forman gonna clean up its act? That place is a disgrace. Does he just hire the incompetent or does that make him feel better about himself? He needs to go. He does a terrible job.
Wassa matter wittle baby--baby doesn't like fraud upon the court--didn't wittle baby invoke the rule? Didn't wittle baby object? Didn't wittle baby file a JQC complaint with his or her NAME ON IT? Didn't wittle baby hire a court watcher?
Seems like bitchy wittle baby was also complicit. Remembrer the wittle kiddie game--when you point a finger there are 3 fingers pointing back at you???
Hey lip-service Perry--only got black people on you mind or all criminal defendants. Seems like you are a one -way street and I would suggest that any white criminal defendant NOT hire you because you only got color on your mind and not the fixing the corruption of the whole system--How many clients have you tried to sell out in court as well as legislatively?? Et Tu Brucie?!!
Thurston doesn't care about anything but playing politics and enriching himself at government expense. Who are you kidding?