PROTEST!
LET YOUR VOICE BE HEARD!!
Holy Ghost of Thomas Paine! An anonymously authored flyer made the rounds of the courthouse Monday,
bearing the above-styled caption.
The rest of the missive:
COME JOIN A LUNCH HOUR PROTEST OF THE
PROPOSED SALARY CUTS FOR STATE EMPLOYEES
WEDNESDAY, APRIL 22, 2009, 12 - 1:30 P.M.
IN FRONT OF THE COURTHOUSE
-LETTERS TO YOUR REPRESENTATIVES WILL BE COLLECTED AND DELIVERED
-PETITION WILL BE AVAILABLE FOR SIGNING
Bring your posters! (In compliance with FTL Code Art. VI, Sec. 26-202.1(b)).
We say: pretty darn cool, but why not also opt for a sidewalk news conference?
Is it true that MJS himself is a witness in the May 26th evidentiary hearing before judge Chernow Brown in Palm Beach? Is that why he's taking no chances and hiring Bruce Rogow? We can't say for sure, since the whole thing is being kept so hush-hush. We're working on getting the witness lists, and we'll be sure to post them as soon as we can force them into the sunshine.
Speaking of Mike Satz, did anyone see the article in the Sentinel last week regarding the release of FDLE's annual crime statistics report? You know, the one showing Broward up in 2008 (+3.6%), with Palm Beach & Miami-Dade down -3.6% & -1.9%, respectively?
It wasn't really news to anyone who pays attention to this sort of stuff. It's been going on for a while. Even with the population in Broward decreasing, and crime rates statewide trending down, the old man continues to stick to his own misguided course.
Will Satz ever show some flexibility? Will he ever prioritize his shrinking resources by focusing on violent criminals? Will he ever allow his prosecutors to evaluate each case on the merits, and give them the authority to resolve non-violent and drug related crimes as they see fit, like the successful State Attorneys in Palm Beach & Miami? Does he realize that his outmoded policies most likely create crime, through the proliferation of hopelessness, disease, and poverty?
We doubt it.
Did you hear about the punch-up outside Judge Richards' domestic violence courtroom last week? A female victim was again bashed by her defendant boyfriend, this time in the hallway. Luckily, there were some cops nearby, who handled the situation without having to signal for Batman. It was brought to Judge Richards' attention, and the man's bond was quickly revoked, all without the Judge having to leave his seat.
And what's up with the Aleman family? Thanks to "the lawyer's lawyer", it recently came to our attention that Mr. Aleman has been having as tough a time as the Mrs., what with her reprimand before the Supreme Court on April 7th, and Federal Judge Gold's $600,000 ruling against misbehaving prosecutors. It seems DEA Agent Aleman was named in the Judge's 50 page order at page 8, where his and a colleague's testimony was found to be "not particularly reliable." Ouch!
Speaking of funky police work, get a load of this police report. We say "load" for a reason. It's a load of crap, but it was filed anyway (apparently, the Constitution doesn't apply if you don't have a lawyer prior to the case being filed). We're told Judge Rodriguez has already raised his eyebrows in the State's direction over this one, but the State is still pushing for time served, as opposed to the more appropriate nolle prosse and apology (not to mention renumeration for the considerable time we're told the defendant has already spent behind bars). It must be nice to be a cop in Broward.
And remember Victoria Roman? It looks like the gang over at the SAO backed off filing felony charges against this poor woman, yet still decided to hit her with a misdemeanor battery, despite the many years she will be serving in the Florida State prison system, and her other "issues." Arraignment is set before Judge Gehl on April 29th. We hope she takes it to trial, and we hope the SAO will assign a senior prosecutor, to ensure wasting even more taxpayer time & money.
Take a look at this month's year to date jury trial stats. No surprises here, just one question: will Judge Seidman set a record for a criminal judge by not trying a single criminal case all year? Good luck, Lee. We know you can do it.
In closing, one last bit of trial news. We're told juvenile division Judge Steven Feren broke his cherry today by trying his first ever case as a judge. We heard it was pretty rocky procedurally, but he managed to make it all the way through. Way to go!
DBR Blog: Slow going for choosing South Florida’s next U.S. attorney
"Meanwhile, another potential applicant has emerged: Broward Circuit Judge Ilona M. Holmes..."
Holy Ghost of Thomas Paine! An anonymously authored flyer made the rounds of the courthouse Monday,
bearing the above-styled caption.
The rest of the missive:
COME JOIN A LUNCH HOUR PROTEST OF THE
PROPOSED SALARY CUTS FOR STATE EMPLOYEES
WEDNESDAY, APRIL 22, 2009, 12 - 1:30 P.M.
IN FRONT OF THE COURTHOUSE
-LETTERS TO YOUR REPRESENTATIVES WILL BE COLLECTED AND DELIVERED
-PETITION WILL BE AVAILABLE FOR SIGNING
Bring your posters! (In compliance with FTL Code Art. VI, Sec. 26-202.1(b)).
We say: pretty darn cool, but why not also opt for a sidewalk news conference?
Is it true that MJS himself is a witness in the May 26th evidentiary hearing before judge Chernow Brown in Palm Beach? Is that why he's taking no chances and hiring Bruce Rogow? We can't say for sure, since the whole thing is being kept so hush-hush. We're working on getting the witness lists, and we'll be sure to post them as soon as we can force them into the sunshine.
Speaking of Mike Satz, did anyone see the article in the Sentinel last week regarding the release of FDLE's annual crime statistics report? You know, the one showing Broward up in 2008 (+3.6%), with Palm Beach & Miami-Dade down -3.6% & -1.9%, respectively?
It wasn't really news to anyone who pays attention to this sort of stuff. It's been going on for a while. Even with the population in Broward decreasing, and crime rates statewide trending down, the old man continues to stick to his own misguided course.
Will Satz ever show some flexibility? Will he ever prioritize his shrinking resources by focusing on violent criminals? Will he ever allow his prosecutors to evaluate each case on the merits, and give them the authority to resolve non-violent and drug related crimes as they see fit, like the successful State Attorneys in Palm Beach & Miami? Does he realize that his outmoded policies most likely create crime, through the proliferation of hopelessness, disease, and poverty?
We doubt it.
Did you hear about the punch-up outside Judge Richards' domestic violence courtroom last week? A female victim was again bashed by her defendant boyfriend, this time in the hallway. Luckily, there were some cops nearby, who handled the situation without having to signal for Batman. It was brought to Judge Richards' attention, and the man's bond was quickly revoked, all without the Judge having to leave his seat.
And what's up with the Aleman family? Thanks to "the lawyer's lawyer", it recently came to our attention that Mr. Aleman has been having as tough a time as the Mrs., what with her reprimand before the Supreme Court on April 7th, and Federal Judge Gold's $600,000 ruling against misbehaving prosecutors. It seems DEA Agent Aleman was named in the Judge's 50 page order at page 8, where his and a colleague's testimony was found to be "not particularly reliable." Ouch!
Speaking of funky police work, get a load of this police report. We say "load" for a reason. It's a load of crap, but it was filed anyway (apparently, the Constitution doesn't apply if you don't have a lawyer prior to the case being filed). We're told Judge Rodriguez has already raised his eyebrows in the State's direction over this one, but the State is still pushing for time served, as opposed to the more appropriate nolle prosse and apology (not to mention renumeration for the considerable time we're told the defendant has already spent behind bars). It must be nice to be a cop in Broward.
And remember Victoria Roman? It looks like the gang over at the SAO backed off filing felony charges against this poor woman, yet still decided to hit her with a misdemeanor battery, despite the many years she will be serving in the Florida State prison system, and her other "issues." Arraignment is set before Judge Gehl on April 29th. We hope she takes it to trial, and we hope the SAO will assign a senior prosecutor, to ensure wasting even more taxpayer time & money.
Take a look at this month's year to date jury trial stats. No surprises here, just one question: will Judge Seidman set a record for a criminal judge by not trying a single criminal case all year? Good luck, Lee. We know you can do it.
In closing, one last bit of trial news. We're told juvenile division Judge Steven Feren broke his cherry today by trying his first ever case as a judge. We heard it was pretty rocky procedurally, but he managed to make it all the way through. Way to go!
DBR Blog: Slow going for choosing South Florida’s next U.S. attorney
"Meanwhile, another potential applicant has emerged: Broward Circuit Judge Ilona M. Holmes..."
another fishy police report, gotta love it!
"Lawyers lawyer" aka Bogey. Guess that was the deal to no longer write anything about his personal issues, give a little gossip. He already cashed Aleman's 100k check so what does he care. Only in Broward.
I'm going to make up my 5% pay cut by saving the money I wont be paying in Sales tax on my $400,000.00 yacht. Thanks Florida Legislature.
Applicant, well, yeah. But it's not gonna be the brass ring for Holmes on this one. Not by a long shot. So much for her wanting to really straighten out the problems on the Broward County Bench. Just so much retoric as usual coming from another self promoter. It's off to the next project with Broward looking at more contested judicial races.
Sending letters to our legislators in re salary cuts will do about as much good as when you talked to them about putting the kibosh on the Conflict Counsel's Office. The old days are gone.
The decision has already been made for US Attorney from what I've heard. The only slow going is in how to break the news.
This police report is a load of crap. The worse part is that the prosecutor is still trying to get a conviction out of it. She now knows that she cant get her face on the HOQ wall of fame, but she still wants to rail the guy. This scenario makes me sick. For crying out loud, Satz will probably give her a promotion for this crap. She has allot of nerve. And as far as the judge "raising an eyebrow"? its just going to end up looking the other way after its all the way up just as all the other judges do. Broward = prosecutors running wild. They are unchecked and get promoted for being unfair. They don't care about justice or the constitution. Its all about their win. It is unbelievable that they can get their picture up on a wall for convicting someone. Their job is not to convict, it is to seek justice. an fin wall of fame for HOQ convictions (as if its that hard for them to get a conviction in Broward).
it does suck. why should this defendant suck up a felony on time served on what is clearly a BS case, when the correct thing for the state to do would be to dismiss the charges? oh right, i forgot, we are in broward county, where the SAO favors cops & refuses to believe they lie, falsify reports, beat people up for no reason, etc. SAO probably will give the cop a medal for keeping the defendant off the streets, even tho the charges are trumped up!
The sad thing is I've seen worse police reports than the one here sustained by the state. I would like to see what happens if someone in the family of a prosecutor was ever treated this way.
surprised its not the flpd for once, with the homeless guy/push cart, flipping the bird, and the elevator incidents. what is going on with these cops nowadays? also all the ones in the news recently that have been arrested for criminality themselves!
Why would it be so difficult for an assistant state attorney (a member of the Florida bar), to read a criminal case; decide it does not have merit; and dismiss the case without going up the ladder chain of command. Allow the ASA to practice law, to have discretion, and to do the right thing. Anywhere else but here.
That case should be a misd. Clearly an unlawful detention. However, the Defendant does not have the right to resist violently, even if is an unlawful detention.
I'm going to make up my 4% pay cut by flying around the state with the Lt. Gov. on a state plane. No more commercial flights for this govt. employee. Besides we can land at the private hangar that former speaker and current house member Sanstrom had built for his buddy in the panhandle.
It's ironic that the state employees will end up panhandling as a result of corruption that took place in the panhandle.
I am a PD (attorney) who would qualify for a PD
That is most profound and yet sadly funny comment on this entire blog!
I certainly hope Jabcam will be at the protest tomorrow!
The reason is Lee G. Cohen and Melissa Steinberg couldn't justify their salaries if they acutally let an ASA make a decision. Even though it is a waste of time in court to have to wait for an ASA to say "I have to call a supervisor to handle this" and look foolish, LGC and MS would rather that then let an ASA do their job and possibly get a raise for doing good work.
A civilian off the street could handle some of these petty / stupid decisions better.
Gee, another protest in front of the Broward Courthouse. I wonder how much coverage this exercise of the right to assemble will receive from the papers. Better beef up security. We'll have some judges that fear for their safety undoubtedly. I'd laugh if it were funny, but it's not interesting enough to make me sick. What a joke.
Wouldn't know what such as picture would have to do with any kind of protest in this country. It's absurd in the extreme. There are other more productive ways to get attention if that's what you're seeking, but that photograph is in very bad taste.
I'm going to make up my 4% pay cut by buying a arena sky box and not have to pay sales tax. Thanks Tallahassee.
Anything to try to get off the bench in Broward? Maybe so.
And they both swore to it without one iota of conscience, guilt or fear 'cause Mikey's here to keep them in the clear with all his hoary little ASS As and his bitchingly underpaid/paycut support staff who keep them cards and blogs comin'
Overcharge all crimes and then offer to break them down to the proper charge. Defendant will take the plea, even if innocent since the State will withdraw the offer of the breakdown and say let the jury decide on the overcharge if no deal. Defendant, of course, takes the deal instead of risking prison.
Justice!
It's all about stats. Can't you figure it out for yourself?
to: counterproductive photo,
It is an animal rights protest photo, right click on the photo for properties and name of the photo. this was also in the slantinel
Yes he does! The same rights one has to resist any felony kidnapper, aggravated assaulter while in possession of a firearm, aggravated batterer while in possession of a firearm--especially an armed one, FS 776.012, 776.08; 782.02, 776.031, 777.201, 843.0855, 775.021(1), 775.012(5); especially when he knows that his attackers will lie under oath, fabricate PC and Satz will protect them. And since you are an ASA that means you went to law school and passed the bar which your oath of admission to under Rule 3-4.1 requires and holds you to KNOW Rule 4-3.8(a) which you admitted should apply Rule 4-8.4(c) engage in misconduct conduct that involves dishonesty or deceit like making false and misleading statements of law and facts. Hence your anonimnity becauae you should get a bar complaint, too--even more that Conway for actually speaking the truth. You do Satz proud. You probably think you deserve a raise for it, too!
Now what law school did you attend?
When did it become so hard for someone to return a phone call. State Attorneys do have phones in their office right. Then why the hell dont they ever return a phone call. Screw them their budget should be cut.
why did Marra and Marcus vouch for and confabulate with peter duhaime , GENE MOSS , Wm. Venturi and Nekritz ......... Hamaway , humaway , hideaway .
Gee, I don't know maybe you should do a little case law research and you will find that you do not have the right to violently resist even an unlawful arrest and under the circumstances the proper charge would be a misdemeanor. Check Tillman v. State 934 So.2d 1263 (Fla. 2006). If you are worried about the officers not being honest on their PC's then you should challenge their credibility. Take a depo, file a motion, show them up = do your job and then the ASA's or at least this one will do her/his. Otherwise, are we just to take the Defendant's word for it? Like you never had a client lie to you before?! Please. Officers lie all the time, and so do Defendants. Does that mean every Officer lies? Does that mean every Defendant lies? No on both. But, until their is evidence of the lie, then what is one to do? Do your job and I will do mine.
ok, this was my case. i did everything, depos, investigators, pictures, research, you name it. the police report was falsified. the cop lied to me under oath in his depo. i had witnesses and everything to prove it.
basically the defendant was minding his own business, not breaking the law, when the officer grabbed him and beat him up. i have the medical records to prove it. then the officer charged my guy with bat leo, for his swollen hand, which was swollen from beating the crap out of my guy.
under tillman, u cannot resist an illegal arrest, but if YOU read it properly, one can look to the legality of the circumstances surrounding the battery. if it falls under a non arrest situation bc there was no reasonable suspicion to make the cop's actions lawful, then it should be simple battery, OR it can be outright dismissed OR a JOA granted bc not all the elements of BAT LEO are met.
i had to do all the work and file a 13 page motion to dismiss before the ASA would even listen to me. so give me a break about the ASA doing their jobs. if ASA's did proper investigations, half of the bogus charges wouldn't get filed!
this ASA, however, turned out to be a trooper. instead of seeing injustice done, this ASA broke down the charge to a misd battery and gave my client time served. this ASA can't even get the glory for doing the right thing bc apparently in YOUR office, doing the right thing is career suicide. the right thing was done a little too late considering he did 364 already, but later is better than never.
unfortunately, the lying piece of scum cop is never going to be investigated by YOUR office for falsifying a police report or perjury.
Unfortunately for you and your client you got bogged down in the system for way to long. I would like to think that I and apparently this "trooper ASA" would do the same thing under the circumstances. I am not so naive to believe that others would not, and that is wrong. I can only speak from my own experience, but when ever I have encountered an issue with an officer or civilian witness where I get to the point where I cannot trust their version of the facts, I have done the right thing and have filed it for the future. When ever dealing with this person again, I would draw from that experience and would factor that into my decisions regarding the case.
Well I guess you just blew a hole in US v. Span, 75 F.3d 1383, 1389, 1391 (9th Cir. 1996) where all the prosecutors and state courts helped cover up the criminal cops and it wasn't until they filed a pro se motion in federal court that all of them got exposed.
From your response, however, you clearly don't believe in the statutes, only some silly little case and you are all too happy to present all the false information on facts and law in the course of doing what you call "Your job" like investigating the truth, the WHOLE truth and Nothing but the truth. It's more fun for you slimebags to force the defendant into the position to have to have somebody untangle your webs of lies, deceit and fraud you so graciously present without any conscience whatsoever. Defense attorneys deal with your crap on a daily basis. As you "otherwised"--"are you 'just to take' the word of a" cop because he "says so?"
It's like the Grady's victims. According to you, the victim had no right to resist Grady in his felonies with violence. Just submit and maybe, just MAYBE they'll take her word for it or prosecute the rapist... NOT!!! You couldn't stand to take her word for it.
The bottom line is the statutes ARE the statutes and they authorize what they authorize because that is the legislative intent of the statutes, and it wouldn't be the first time that a court ignored the law. If it is my job to present the law, it is equivalently, YOUR job to admit it and own up and dismiss, if big Daddy Satz will let you--even without "supervisory approval," and I submit, that's supervisory approval you would not get regardless of how proper and right and just it might be.
Those statutes are clear--even if the person "reasonably believes" the "officers" are going to cause great bodily harm AND/OR are even imminently going to commit a felony, much less during the actual commission of one with intent to commit others, even deadly force by the victim is authorized by statute, whether you or the courts want to recognize it or not, and I for one, think it ought to happen more than it does. you just think because the badge in on, then shrinking acquiescence is required, regardless of the action or the knowledge of the defendant/victim. You admitted the arrest was wrong--any pros. of the wronful officers?? Of Course not.
And by the way--try reading Perkins v. State 576 So.2d 1310, 1311-1312, 1314 (Fla. 1991) on both the requirement of following the statutes above and ALSO Justice Kogans specific concurrence on state constitutional grounds; or does Tillman quash this?
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