NOT SO FAST...

 Fly me to the moon...

THE SUPREME COURT HAS RELINQUISHED JURISDICTION IN OMAR LOUREIRO vs. STATE OF FLORIDA .

AN EVIDENTIARY HEARING WILL BE HELD BEFORE JUDGE BACKMAN, TO DETERMINE IF THERE
WAS PROSECUTORIAL AND JUDICIAL MISCONDUCT DURING LOUREIRO'S DEATH PENALTY TRIAL.

Judge Gardiner has recused herself from all further proceedings. 
The evidentiary hearing
has not yet been set.

Rumor has it that Gardiner has already been cleared by the JQC (also, see BrowardBeat.com).  Will they get involved again if the mystery witnesses, who apparently did not speak to the JQC, are subpoenaed and testify?  What effect will the unfortunate passing of witness Charlie Kaplan have on the evidentiary hearing, and any potential further JQC action?  What is the Florida Bar's role in all of this?  Is it proper for Judge Backman, close friend and mentor to Gardiner, to preside over the hearing?  Is it proper for him to take the case, having been a JQC member during the investigation of Gardiner?  Is he also friends with Scheinberg? Was the case randomly assigned to Backman, or did it get to him by some other avenue?  Why didn't it go to Judge Bidwill, who took over Gardiner's division?  Will Satz and company come forward to tell what they know?  Will the Palm Beach Public Defender handling the appeal move to recuse the 17th Circuit?  

                                WILL JUSTICE PREVAIL?

BACKGROUND:
Affidavit of Ms. Alu and Bob Norman's articles on Ana Gardiner

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  • 4/4/2009 6:24 PM Oliver Twist wrote:
    Things get curiousor and curiousor...
  • 4/4/2009 7:16 PM In the know wrote:
    Backman and Ana were just seen having dinner at Bova's on Los Olas 3 weeks ago. looks like they were celebrating a little too soon! Eventually all their lies are going to catch up to them.
  • 4/4/2009 7:24 PM Hmmm wrote:
    The docket says the trial court recused itself on November 21, 2008. Wasn't Bidwill already death certified by then?
  • 4/4/2009 7:57 PM Anonymous wrote:
    All the old timers need to go away once and for all. The CJ should continue putting all the Crist appointees in criminal. Don't lose sight of the fact that great progress has been made in the last year or so.
  • 4/4/2009 9:18 PM Anonymous wrote:
    Ana has been in such a good mood lately. This is probably nothing.
  • 4/4/2009 9:21 PM Anonymous wrote:
    Will she have to testify?
  • 4/4/2009 9:26 PM Anonymous wrote:
    Tobin specificly gave the case to Backman. Just like he pulled the Mardi COhen case from Lynch. Must be nice to be Chief Judge, glad things have changed so much with him at the helm.
  • 4/4/2009 9:29 PM change? really? wrote:
    Jaab has really changed things around here? Looks like the joke is on Jaab throwing your support behind Backman and Tobin only to learn they play the old school Broward game as much and as well as anyone.
  • 4/4/2009 10:13 PM I doubt it wrote:
    Under what authority did he give it to Backman? Even if the Chief can give a case to a judge and bypass the random assignment, wouldn't there have to be a mechanism or record made to prevent abuse? Wouldn't he have to sign something or give a reason?
  • 4/4/2009 10:41 PM wrong wrote:
    go pull the pedro vs mardi file and you will see lynch was the last judge assigned to the case yet "somehow" it ended up with a retired judge yet lynch never recused himself. tobin does whatever he wants because no one ever calls him on it
  • 4/5/2009 12:34 AM Anonymous wrote:
    I say Backman chooses his son over Anna and possible bad PR. I bet he disqualifies himself. Or maybe he stays. The old addage about "so long as they spell your name right" is kind of the truth.
  • 4/5/2009 9:21 AM Anonymous wrote:
    The chief judge can do whatever he wants in his kingdom and that includes bypassing random selection. This is just a taste of what you lawyers will get if clerk duties (like random judge assignment) are passed to the judges. And it will serve you right since the braward bar is backing the change. lol
  • 4/5/2009 11:58 AM Anonymous wrote:
    this is ribald hubris. even by broward standards.
  • 4/5/2009 1:17 PM L. Benson wrote:
    Gardiner is simply a slimey Hispanic life supprort system for a vagina--well oiled--well tried, well shared and well greeeased. The power of her pussy has sucked more judges and public officiials into he belly than Cleopatra to compromise themselves and the honesty and integrity they all swear allegience to.

    Mu question is how can so may of you infected, ineffective swinging dicks be so weak and so willing to sell out your souls for this judicial whore, including protefting her at the JQC--Backman's other mafia?
  • 4/5/2009 2:04 PM sid kor SHAK DHANJI wrote:
    CONRAD BOYLE tutored ROGOW on how to hide evidence and witness tamper ....... as in the ACOUSTIC INNOVATIONS fix .
  • 4/5/2009 3:49 PM Here's how they are going to justify Backman getting the case wrote:
    Loureiro's case was assigned to ROC Court. There are only 2 ROC Ct judges. Before moving to civil Gardiner recused herself and it went to Backman. I would file a motion to recuse Backman under various and different fact scenarios and Backman may recuse himself. Backman may recuse himself anyway. He doesn't need nor want to be part of this, not with babyback running.
    Case goes to Bidwell.
  • 4/5/2009 4:15 PM Anonymous wrote:
    No, her recusal was in November. Bidwill was already in the division.
  • 4/5/2009 8:22 PM Don't pass the smell test wrote:
    Then someone fanagled it into Backman's division, so Paul can make sure Ana comes out of it all right. Move to recuse Backman asap.
  • 4/5/2009 8:50 PM can you say wrote:
    vic
  • 4/5/2009 11:21 PM Smell test? wrote:
    You have it all wrong. Don't you know where you are? You're in Broward, Baby!

    In order to pass the Smell Test here, it has to smell like crud!
  • 4/6/2009 12:07 PM status quo wrote:
    they will protect anna in order to protect them rest...
  • 4/6/2009 3:08 PM Daily Pulp wrote:
    A Couple Monday Must-Reads

    http://blogs.browardpalmbeach.com/pulp/

    -- JAABlog reports on the latest developments of the Judge Ana Gardiner saga. The evidenciary hearing to determine if Gardiner did anything wrong when she partied with then-prosecutor Howard Scheinberg during a murder trial (and allegedly spoke with him about the case) is now scheduled to happen in Judge Paul Backman's courtroom. Problem: Backman and Gardiner are friends who were recently spotted dining together at Bova Prime (nice little plug there for you, Scotty). The question is how in the hell did this thing land in Backman's lap? Seems there's no corruption big enough that a little courthouse coziness can't cover up. Chief Judge Victor Tobin should "fix" this problem quickly.
  • 4/7/2009 12:19 AM Anonymous wrote:
    ALL the judges in Broward are too cozy for this to get a fair hearing. Forget just recusing Backman: move for a change of venue.
  • 5/16/2009 9:09 AM nick_domalv wrote:
    http://www.message_delacelchie.com/
  • 5/16/2009 9:24 AM bad billy backman wrote:
    Backman mentored Gardiner when she first came to the bench. Backman should he have any concern for his son in trying to get him on the bench in 2010 may have to take a view a little different than what he would normally take in this instance.
    I think everyone is aware of the more than what could be described as a conspiratorial relationship that Backman and Gardiner have.
    It's one best know as mutually beneficial.
  • 7/5/2009 1:18 PM INHERITANCE wrote:
    PRESIDENT OBAMA inherited many losers like JAY BYBEE , BARRY SELTZER and KEN MARRA .
  • 7/5/2009 3:07 PM james scott wrote:
    see , ''THE ATTACK ON THE LIBERTY '' ........ another trail of treachery .......... much like that of RHONDA HOLLANDER , Avigdor Mombach , clyde hamaway and BUGSY SELTZER .

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