THE GIFT THAT KEEPS ON GIVING
Loureiro is flaring up again - will there be an evidentiary hearing after all?Motion to Dismiss Based on Prosecutorial and Judicial Misconduct? - here is the Motion to Disqualify the 17th Circuit Judiciary filed by attorney Michael Tenzer in State v. Loureiro. The State's Response filed by ASA Scott Raft follows. The Motion was originally filed Pro Se by Defendant Loureiro on June 4th, and then beefed up and refiled by Tenzer.
Apparently, all the sordid details of the Loureiro affair may come out anyway, despite the best efforts of Messrs. Satz and Rogow. Will Gardiner and Scheinberg have to take the stand after all, or will the SAO go even further in its perceived protection of the dynamic duo by making Loureiro a real sweetheart of a deal? (like a nolle prosse and a job doing data entry)
Judge Lucy Chernow Brown certainly seemed taken aback by all the shenanigans. Click here for the transcript of the May 15th hearing, when she was informed that the Supreme Court would likely be accepting Satz's concession, obviating the need for the scheduled evidentiary hearing. Judge Brown questioned why Rogow/Satz were even involved, since the matter involved accusations of misconduct by the 17th SAO, and she seemed displeased that the new trial would be awarded based only on an "appearance of impropriety." She was also upset that a witness list had not been timely filed as ordered, even though the depositions had already been taken. Welcome to Broward County Lucy!
The witness list was eventually filed a couple of days later. The witnesses: Sheila Alu, Michael Tenzer, Gawane Grant, Stuart Michelson, Lucianna Calegari, Patricia Ybars, Ana Gardiner, and Howard Scheinberg. Calegari & Ybars are the civilians who were present during the drinks and discussions, and their addresses are in the court file. (in case the JQC is interested)
Interestingly, the transcripts of the depositions did not appear to be with the court file, although we might have missed them. In any event, they are filed now, as attachments to Tenzer's Motion. The trial is set off for some time for Tenzer and penalty phase attorney Raag Singhal to prepare. In the meantime, Judge Bidwill will rule on the Motion to Disqualify.
Pigs have flown - that's right, the rumors are true. Mike Satz has indeed relaxed an ancient policy. An email supposedly went out a couple of weeks ago allowing his line prosecutors to offer something besides eighteen months Florida State Prison on Delivery or Possession With Intent cases. Of course, certain requirements must be met, such as no priors. At least it's a start.
Why the change? Are some of Mike's famous yes men starting to stand up and talk sense to him? Has Mike himself read a book or a newspaper lately detailing the complete failure of his type of prehistoric drug policy? Or is it simply because nobody followed the dumb rule anyway? No one's talking, but let's hope he gets around to dumping the residue cases too.
Veterans' Court Coming? - We're hearing that combat decorated Judges Joe Murphy and Michael Gates, together with newbie Judge Merrigan (who also has an extensive record of service in the armed forces), are working up a Veterans' Court based on the model in place in other states. Veterans who come into the system on minor crimes will be put back on track by reconnecting them with their benefits quicker than the Clerk's Office can get a court order carried over to the Main Jail. A great idea.
A Rule to Show Cause was indeed issued by Judge Stanton Kaplan yesterday against FLPD's Maldonado for going on vacation during a trial he had been served on. The Judge is interested in seeing whether this is a pattern of behavior, or just a one time screw up on Maldonado's part. Strangely enough, a defense witness was also a no-show, until discovered by BSO and locked up to dry out. The case was set off until mid-July due to the witness problems, so stay tuned.
The Kevin Bradley case has also been pushed back. This is the one where Bradley was tasered while shackled in circuit court. Judge Siegel is a witness, and now Bradley's being prosecuted for allegedly forcing BSO to zap him. (CYA anyone?) The case has a status on August 10, and a trial date on August 17. Let's hope prosecutor Cathy Berkowitz dumps this turkey before doing even further damage to the reputation of the SAO.
See ya ...
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4TH DCA 17TH CIRCUIT OPINIONS RELEASED 6-24-09
Levenson - Affirmed Tuter - Reversed in part and remanded for further proceedings
Siegel - Reverse and remand for a new trial (Does not include PCAs)
I commend JAAB (Bill) for the tenacity shown in getting to the bottom of Le Affaire Gardinaire/Sheinbergaire. Tenzer was close to Charlie Kaplan but has shown some independance by filing this motion. Beware of Raag Singhal; He will do everything in his power to cover Gardiner's butt. Someone may want to bring this to the defendant's attention.
on the rule to show cause, just let stanton kaplan know that maldonado has a history of not showing up as seen below:
03-15903CF10A: Murphy dismissed on 9/30/03
05-16230CF10A: Levenson dismissed on 12/1/05
05-17237CF10A: Gold dismissed on 11/15/07
06-5114CF10A: Towbin-Singer dismissed on 4/18/06
08-2930CF10A: Siegel dismissed on 4/22/08
09-4530CF10A: Rodriguez-Powell dismissed on 4/1/09
09-5108CF10A: Gates dismissed on 4/1/09
see a pattern here? tell the judge to hold him in contempt but sanction his pocket book instead of jail time. trust me, it'll hurt him more to be fined, cheap bastard that he is, lol! however, he can afford it, seeing as he was the highest paid flpd cop last year.
I used to adhere to the prevailing belief that Mike was above raproach. I have to say I feel differently now.
Chernow Brown is a stand up judge
Dear Judge Gardiner, thank you for taking all the heat off me. Judge Feren
if Tenzer would have filed the motion if the client hadn't gone and done it first?
Defendant Beware!!!
Tenzer & Singhal are too close to Gardiner, Scheinberg & Kaplan r.i.p.
What happened to Gawanne Grant? Wasn't he the penalty phase attorney. Singhal has a conflict. Charlie Kaplan (rip)
was involved in the impropriety in this case. Raag and Charlie were law partners. There is an appearance of impropriety with Raag representing the defendant. Raag must withdraw. Not to mention Raag's strong ties to Gardiner.
Died of cardiac arrest at age 50.
Spechler was looking for gifts but this is what he found:
"PER CURIAM:
Jay S. Spechler appeals the dismissal of his five-count civil rights damages
complaint, filed under 42 U.S.C. § 1983, against Chief Judge Victor Tobin of
Broward County alleging violations of various liberty and property interests
without due process of law, as well as other state law claims. These claims arose
out of former county judge Spechler’s reassignment by the Chief Judge to a
different judicial post, and Spechler’s resignation one day later, alleging that he
had been “banished” to a satellite court office with a nonexistent docket.
The district court reviewed Spechler’s claims and determined that defendant
is protected by qualified immunity because no violation of a clearly established
constitutional right occurred, plaintiff does not have standing to pursue his claims,
sovereign immunity protects defendant from the state law claims, and, in any
event, they have no merit.
We have reviewed the pleadings, the record, and the district court’s order
dismissing this case. Finding no error, we shall
AFFIRM."
maybe larry seidlin will get on tv to comment on michael jackson
I hear the elephant man's bones have been discovered in Larry's Condo's trashbin.
Oh Ana.
Why?
Maldonado is a leach who fails to show consistently. He also is impossible to reach and a terrible witness on the stand--in part based on his "impeccable" I.A. file--due to his attitude. Finally, his credibility is shot! If a case comes in with this guy's name anywhere on the police reports, it is a loser from the get go!