IT'S UP TO TOBIN, BUT DON'T HOLD YOUR BREATH
We just spoke the the Supreme Court Clerk's Office.
An order has been issued in Loureiro.
The Agreed Motion To Vacate has been granted, with a twist.
Here's the Order:
"The "AGREED MOTION TO AMEND MARCH 31, 2009 RELINQUISHMENT ORDER TO RELINQUISH JURISDICTION TO THE CIRCUIT COURT FOR THE SEVENTEENTH JUDICIAL CIRCUIT (BROWARD COUNTY) SO THAT AN AGREED MOTION TO VACATE THE SENTENCE AND CONVICTION CAN BE FILED AND A NEW TRIAL ORDERED" is hereby granted and we issue the following revised order in place of the order dated March 31, 2009. We hereby relinquish jurisdiction to the Seventeenth Judicial Circuit in and for Broward County, Florida and appoint the Honorable Victor Tobin, Chief Judge to consider the Motion to Vacate the Conviction and the Sentence of Omar Loureiro and Order of New Trial and we hereby relieve the Honorable Lucy Chernow Brown, Circuit Judge, of the Fifteenth Judicial Circuit of Florida from any further relinquishment responsibility. (Emphasis added)
If the Motion to Vacate the Conviction and Sentence of Omar Loureiro and Order of New trial is granted, counsel for Mr. Loureiro shall immediately file a Notice of Voluntary Dismissal of his pending appeal in case SC0-1799 with this Court."
Basically, it's up to Tobin. If he agrees, it's vacated, and a new trial will be awarded with no further inquiry.
It's unclear what would happen if he says no, although that seems highly unlikely given the political nature of the Broward Judiciary.
WILL CHIEF JUDGE TOBIN GO ALONG WITH SATZ'S WISHES?
An order has been issued in Loureiro.
The Agreed Motion To Vacate has been granted, with a twist.
Here's the Order:
"The "AGREED MOTION TO AMEND MARCH 31, 2009 RELINQUISHMENT ORDER TO RELINQUISH JURISDICTION TO THE CIRCUIT COURT FOR THE SEVENTEENTH JUDICIAL CIRCUIT (BROWARD COUNTY) SO THAT AN AGREED MOTION TO VACATE THE SENTENCE AND CONVICTION CAN BE FILED AND A NEW TRIAL ORDERED" is hereby granted and we issue the following revised order in place of the order dated March 31, 2009. We hereby relinquish jurisdiction to the Seventeenth Judicial Circuit in and for Broward County, Florida and appoint the Honorable Victor Tobin, Chief Judge to consider the Motion to Vacate the Conviction and the Sentence of Omar Loureiro and Order of New Trial and we hereby relieve the Honorable Lucy Chernow Brown, Circuit Judge, of the Fifteenth Judicial Circuit of Florida from any further relinquishment responsibility. (Emphasis added)
If the Motion to Vacate the Conviction and Sentence of Omar Loureiro and Order of New trial is granted, counsel for Mr. Loureiro shall immediately file a Notice of Voluntary Dismissal of his pending appeal in case SC0-1799 with this Court."
Basically, it's up to Tobin. If he agrees, it's vacated, and a new trial will be awarded with no further inquiry.
It's unclear what would happen if he says no, although that seems highly unlikely given the political nature of the Broward Judiciary.
WILL CHIEF JUDGE TOBIN GO ALONG WITH SATZ'S WISHES?
Last year, Charlie Kaplan told me that Tobin was going to chicken out and just vacate the conviction/sentence and order a new trial.
How disgraceful. They teach you all the garbage in school about truth, justice and the American way and then they bury this deeper than Jimmy Hoffa. Truly disgusting.
is anybody surprised?
Can we all agree that if Vic Tobin decides to just grant the Motion without having a full evidentiary hearing that he's just as lousy as the prior administration.
I mean, we all know that Ross covered for his cronies and the other judges and that is one of the reasons he was able to stay in power for as long as he did.
But letting this one slide seems to take the case.
If he holds a full hearing, and Alu, Cacciatore, the other people at the table that night, come and testify, and we get something meaningful, I'll pay tribute at the Tobin Shrine.....
But if he doesn't, it's just more proof that
New Boss...Same as the Old Ross.
Let's see if Cacciatore has any real balls. Now is the time to go to the JQC. He must file a JQC complaint and publicise it, which he is allowed to do, since he is not a lawyer. Publicity is the only thing that can stop the Ana Gardiners of the world.
Save us Ron!!!!
I agree with your Ross comments. However, can Tobin order a new hearing? If he does have the backbone for such a thing, doesn't it open the whole can of worms about disqualification of the circuit again? Hasn't the Supreme Court already answered the evidence hearing questions by taking that option off the table by relieving Chernow Brown?
Vic can re-assign it randomly or to Holmes.
P.S. Gardiner has already beaten the JQC complaint.
Beep
Vic, this is Ana. I need to speak with you. Remember all the hard work I did on First Appearances. Call me.
Beep
Vic, this is Ana. I need to speak with you. Remember all the hard work I did on First Appearances. Call me.
Beep
Vic, this is Ana. I need to speak with you. Remember all the hard work I did on First Appearances. Call me.
Beep
Vic, this is Ana. I need to speak with you. Remember all the hard work I did on First Appearances. Call me.
Repeat 10,000 times
Holmes for US Atty.
Slogan:
You can count on Illona to get to the bottom of Broward County corruption (not)
Tonight at Timpanos (afterparty at Blue Martini)
Imagine the guest list........
I think the Florida Supreme Court purposely assigned this to Tobin. They wanted to see how corrupt Broward County really is.
It seems as though we are going to have to wait til 2012 and gardiner gets voted out. Who knows, maybe Satz we'll get voted out too. We can all only hope.
At least we all know what Mike Satz stands for now (if anyone still had lingering doubts).
I always laugh when people complain about how corrupt Broward is. Come on people, Florida is corrupt. They don't call it the Bananna Republic for nothing.
Recall those classes in PROFESSIONALISM , the BARn is simply interested in protecting lawyers and judges who have no clue what INTEGRITY or NEUTRALITY are ............ DISBAR THE TORTURE LAWYERS ; JAY BYBEE , STEVEN BRADBURY , JOHN YOO , JOHN HARKNESS , DAVID ADDINGTON , STANLEY MARCUS , BUGSY SELTZER and MARRA CIAVARELLA .
What is sad is that no one a few years ago, judged Judge Tom Lynch by the type of Judge he was on the Bench. Year in and year out he is considered one of the most intelligent, non egotistical, and fairest judges on the bench. Vic's reputation was that he was nothing more then a puppet for Dorian and viewed by most to be not the brightest and least hard working guys on the bench. Its too bad because Lynch would have gone forward and forced the State to a hearing.
Refile the complaint!
"Lynch would have gone forward and forced the State to a hearing."
puh-lease
Satz will never get voted out because the asses will still vote him in or some people are just afraid to run against him.Does he have GOlD Balls or what?It is time to get new blood to run that office.
I don't knoww if Lynch would have forced a hearing, but Lynch's friendship with jay spechler will always hurt him.
I doubt Tobin will set it down for hearing. To do so, would be to throw Gardiner and Scheinberg under the bus.
Vic is NOT going to do that.
And If Vic dumps it on our Chief Criminal Judge, Ilona Holmes, Well!!!
We all know Holmes and Gardiner are really good buddys. If it is any consolation, Holmes isn't getting US Attorney. Bottom line Vic is no savior. Vic is not as bad as Dale Ross (that's setting the bar really high) but Vic is still part of the old guard.
Welcome to Browardtown.
Tobin has no other choice but to agree and go along with Satz. What's he gonna say, no? The damage this has done to Judge Gardiner's reputation is beyond ever being redeemed. Every judge but Backman will run from her.
I can only hope after Tobin shook the foundations of the Old corrupt Gang of Ross, Speechler and Lynch that he will do the right thing this time. The man does have a conscience unlike many of the others and will certainly give it allot of thought whatever he does.
Vic is elected by the other judges. Do you really think that Vic is going to stand up and do what is right. Besides what would it prove. I just am shocked that Vic allows this to go on in Broward and Backman helps out this sinking ship. Don't worry everyone there is no way the JQC is not going to follow up on this. If they do not, forget what you learned in law school put in an app where Scheinburger works and realize that it is all a joke and it doesn't matter how good you are in litigating. This is a disgrace.
No one can tell us if the JQC complaint is over. However, whoever filed it, if it is closed out would refile based upon these depositions. I cannot imagine the JQC closing out this case before the depositions. I will reread the deposition where bruce lyons after scheinbergs depo is over and starts talking about the witness outside and can Bruce Lyons stay. Guess what Carey told Bruce NOOOOOOOOO.
Backman is running like a squirrel. Do you think he wants to tarnish or impugn his son's chance. The person who might run against him will hold it against Backman's son. I just do not get the balls of Backman to have some 5 year out KID run for Judge. Did he win the traffic ticket hearing at least?
Do these judges who have borderline personality disorders realize that when they "fart" they wrong way after treating us like pieces of trash that we wont capitalize on it. They just dont get it. Ana Gardiner will do something else again. Look at the line of judges that have been removed or left in Broweird because of a scandal.
The Broweird Circus is coming to town folks. And admission is free.
There are quite a number of judges who are appalled at the failure of the JQC to fully investigate, give meaning to the Canons of Judicial Conduct, and the failure of the Supreme Court to act (unless they made their own referral to the JQC but are keeping it confidential).
The next candidate for Chief Judge should campaign on restoring integrity to the Broward bench, and to make it clear that he or she will act to ensure that the public has confidence in the judges who sit before them.
The next chief judge should campaign on not standing for this crap. Some of these judges just dont feel they are accountable Lets face it Vic Tobin is weak to say the least. This proves it.
You are right Vic is the definition of "weak"!
Any Broward judge who made such a referral would be subjected to the wrath of JQC member Backman and every other judge who falls in line with Backman's (this means you too Vic) theory that Ana's is a case of no harm no foul.
i am shocked the broward judiciary is not pounding on Vic's door asking him to get rid of gardiner. This is appalling and a disgrace to the good judges of broward. It just bought some of the good judges like our favorite julio from being reelected.
Hey, Vic. Do what's right and keep Gardiner out of criminal for life. She can't be rehabilitated now. It's gone to far. What an embarrassment.
THIS CALLS FOR ANOTHER JQC COMPLAINT IF NOT A CRIMINAL INDICTMENT.
Geez are we not losing sight of the big picture here? What occurred was not right, ok,it was wrong, but no one stole a freight train did they? Know what? I've made some pretty dumb mistakes along the way & so have you. And this was a dumb mistake, but not intentional or underhanded. I don't know Gardner or Sheinberg but I kind of feel sorry for them. Much to do about nothing me thinks.
What if they lied under oath? Is that the kind of person you want running around in a robe or with a bar card?
Don't feel sorry for her Derek. She never felt sorry for anyone who appeared before her. What goes around comes around. I'm also betting this incident wasn't the first time she broke a rule, it was only the first one she got called out on.
As opposed to Ms. Alu who sat on this "story" for a year or more before reporting it. She violated the most basic rule of being an attorney. It begs the question of why did she wait a year. Did she try to get something from either the Judge or Sheinberg to keep quiet? As Help Me Howard likes to say, justice delayed is justice denied. Speaking of Howard he has been quite quiet on this issue.
WHEN GENE MOSS and HAMAWAY MOMBACH can buy a permit to destroy evidence , intimidate witnesses and GHOSTWRITE ORDERS from judges BUGSY SELTZER and MARRA LANSKY ........ there are no surprises left ........ CAPERTON v. MASSEY COAL .
The Judge Gardiner apologists are disgusting -- this is far from a first offense for her
IF ANA IS SO HONEST, TOBIN just ask her if she has ever done this with any other case, since she denies this one, i am sure she has lost count , . Can she really with her lying self sit in her black robe and pass judgement on anyone, HER LIE SHE DID NOT DO IT, ANY DEFENDANT IN FRONT OF HER THEY ARE INNOCENT. WHO DO WE BELIEVE, SHE NEEDS TO GO, GET OUT OF BROWARD FOR GOOD.
Karma is a bitch!