MONDAY NOTES
The Billionaire and the BozoThe Voice of Reason? Tuesday's Courthouse Rumor: Did a compassionate phone call from Mr. Huizenga help Scott Rothstein realize he should come home and make amends?
Tarot and Astrology Life Solutions Reads Mike's Cards: "Emperor: Satz" -
"I am attracted to powerful men. So, I hope Satz will take this as a compliment. However, I am not very fond of men that do not respect women and have no family values. Yes, the emperor is arrogant and sometimes makes use of his powers to torture people that are NOT to his like. He will use cruelty to reach his purpose and he is eager (to) pursue revenge. Overall not exactly a romantic, fun individual."
COURTHOUSE CLOSED WEDNESDAY IN OBSERVANCE OF VETERANS DAY
JAABLOG'S Once Upon A Time - Ever heard of Irwin Berkowitz? We hadn't either, until "Lawdog" chimed in. It turns out a Broward Judge was removed for lying to the JQC, amongst other things, back in 1988. There's even a link to the Supreme Court's findings, courtesy of FSU, since the Supreme Court's JQC archives don't go back that far.
From the opinion:
"Berkowitz testified before the (JQC) several times, and, each time, his testimony changed. The JQC found Berkowitz' willful deception, by itself, sufficient to warrant removal. We agree that lying to the JQC is very serious because the "integrity of the judicial system, the faith and confidence of the people in the judicial process, and the faith of the people in the particular judge are all affected by the false statements of a judge" ...
This Court will not lightly remove a sitting judge from office. Here, however, the JQC's findings represent a serious character flaw. On the totality of the circumstances it appears that Berkowitz is basically dishonest. His conduct, both while a judge and while a practicing attorney, demonstrates a propensity to skate close to the edge. Apparently, he is unconcerned about taking an expedient or ill-considered course rather than one tempered by consideration of and reflection on the rightness or wrongness of the action ... " (citations omitted)
Ouch!
(Thanks to "Lawdog")
Is there such a thing as "borderline libelous"? - one of our favorite attorneys opined that this term, from Jack Goldberger's Motion filed on behalf of Judge Ana Gardiner in State v. Loureiro, makes about as much sense as saying your daughter is "a little pregnant". Of course, there's more indignation expressed by Goldberger, including the following:
"The Defendant avers that the depositions of Luciana Caligari and the affidavit of Sheila Alu, contain limited inconsistencies, with the depositions of the judge and prosecutor and propounds that this bolsters his argument that the Defendant's due process rights were violated. The Defendant's reliance upon the existence of silent "contacts (calls)" between the judge and prosecutor during trial as evidence of misconduct that "could be" categorized as outrageous and egregious, is seriously misplaced. The content of the calls has already been testified to, in sworn deposition, by the only two witnesses to these conversations. In their depositions of April 30, 2009, both Gardiner and the prosecutor categorically denied any discussion about the Defendant or his case during their calls to each other. (Gardiner Dep. 42-53); (Scheinberg Dep. 59-61) ... This uncontroverted evidence, from the sole sources, eviscerates the speculative, unfounded and largely defamatory contention that there was a "conspiracy" between the judge and prosecutor to have this Defendant "found guilty and executed." Not one shred of evidence exists, nor could it exist, as to this inflammatory and baseless allegation, and the same may deserve some consideration as to sanctions by this Court, for such scurrilous and reckless statements about a former prosecutor and a sitting Circuit Court judge in a public forum ... " (citations omitted)
Huh? Did he really say "limited inconsistencies" and "uncontroverted evidence"? It's just too bad the Motion was stricken by Chernow-Brown before Tenzer & Rosenbaum could reply. That would have been a fun read.
The real question, of course, is why this Motion was filed in the first place. It's pretty obvious that Gardiner & Scheinberg don't have standing, while everybody knows that Goldberger and Scheinberg's Bruce Lyons are both fine attorneys who should know this. So what gives? Is this some sort of calculated damage control? Was the Motion filed in the hope the papers would pick up on it, giving Gardiner & Scheinberg some much needed positive press? Or is there something bigger afoot, commensurate with the swirling rumors that Gardiner may soon be taking Buddy Nevins' advice to "ditch the black robe?" Is the filing of the Motion merely a face saving move in preparation for a new career? And does anyone know if the JQC ever tracked down the other civilian witness from the night in question?
So many questions ....
ASA David Braun in the house - that's right, he's still an ASA, and reportedly looking to go back on active duty. Braun was seen making the rounds last week, and overheard telling people that he's still technically employed by the SAO. Rumor has it that his case was diverted or is otherwise being dropped by the Miami SAO, with the assistance of attorney/magician David Bogenschutz. If it was diverted, how lucky is he that the Broward SAO couldn't prosecute him, notorious for not diverting BatLeos? And how unfortunate for the average poor minority that can't get the 17th off their case, since they would almost always be charged and convicted of a felony for a whole lot less than the officer alleges in Braun's PC? Yes, the old saying "there is no justice, only just us" comes to mind on this one. Still, some good may come of this situation after all, since Braun's rumored second prosecutorial act should hopefully be tempered by his days living as one of the accused.
Speaking of PTI and (allegedly) badly behaving ASAs - did you know the Broward SAO insists on verifying employment for all Pre-Trial Intervention cases? That's right, the SAO will give you the opportunity to keep your record clear of certain felonies so you can get a job in the future, but if you have a job before you enter the program, you'll probably lose it after they call. Our friends at the program tell us ASA In Charge Jeff Marcus can waive the requirement, like they routinely do in Miami and other jurisdictions, except the chances of "Dr. No" saying "yes" to the waiver are reportedly "slim to none." Well done!
Also, another young ASA has picked up a booze related charge. It's only a Municipal Ordinance this time, before Judge Berman. He gets a rare JAABLOG Pardon on his name being published, since he's still pretty new and may not have fully compromised himself yet vis a vis enforcing Satz's insane drug policies. Still, you have to wonder - what's going on at the SAO?
DROP THIS CASE MR. SATZ - keeping in mind ASA Braun's BatLeo arrest, click here for a PC detailing an unfortunate outburst by a really pissed off father. This BatLeo felony is alleged to have occurred in Judge Bernie Bober's courtroom, during a trial (outside the presence of the jury). Details are sketchy, but the defendant was on trial for a crime of violence involving another female (not the pissed off father's daughter), while the pissed off father and his daughter's current boyfriend got in the defendant's face over an alleged and uncharged sex act by the defendant against the daughter some time ago (got that?). One thing led to another, and now the father and boyfriend have charges. The officers involved reportedly don't want anything further to do with this case, and the father may now have immigration problems because of the felony. Let's hope this one goes away fast ...
This & That - congrats to ASA Scott Ernest on last weekends nuptials, officiated by Judge Cynthia Imperato. Congrats also to attorney Terrence Moons, Jr. on his upcoming November 15th wedding ceremony, to be officiated by Judge Michele Towbin-Singer; Todd Schulman, ASA Stacey's brother, continues to set LA ablaze; CJ Tobin's leaky email complaints make The Herald; Mike Mayo confirms that Rosenfeldt got a Ferrari, not a Porsche, from Rothstein (still no word on the COO's wheels); Attorney Jack Fleischman won a Not Guilty on his cockfighting case in St. Lucie; The US Supreme Court wonders whether prosecutorial immunity enjoyed during trial should extend to prosecutors' pretrial conduct, detailed in a NYT article of particular interest to the Broward legal community, considering the SAO's horrific record of wrongful convictions; Tuesday Time Waster - Maricopa County Sheriff's employee raids defense attorney's file while she's at the podium.
(Thanks to all the Anonymous Tipsters - please keep them coming.
And keep reading The Daily Pulp for all the breaking Rothstein news)
COURTHOUSE CLOSED WEDNESDAY IN OBSERVANCE OF VETERANS DAY
JAABLOG'S Once Upon A Time - Ever heard of Irwin Berkowitz? We hadn't either, until "Lawdog" chimed in. It turns out a Broward Judge was removed for lying to the JQC, amongst other things, back in 1988. There's even a link to the Supreme Court's findings, courtesy of FSU, since the Supreme Court's JQC archives don't go back that far.
From the opinion:
"Berkowitz testified before the (JQC) several times, and, each time, his testimony changed. The JQC found Berkowitz' willful deception, by itself, sufficient to warrant removal. We agree that lying to the JQC is very serious because the "integrity of the judicial system, the faith and confidence of the people in the judicial process, and the faith of the people in the particular judge are all affected by the false statements of a judge" ...
This Court will not lightly remove a sitting judge from office. Here, however, the JQC's findings represent a serious character flaw. On the totality of the circumstances it appears that Berkowitz is basically dishonest. His conduct, both while a judge and while a practicing attorney, demonstrates a propensity to skate close to the edge. Apparently, he is unconcerned about taking an expedient or ill-considered course rather than one tempered by consideration of and reflection on the rightness or wrongness of the action ... " (citations omitted)
Ouch!
(Thanks to "Lawdog")
Is there such a thing as "borderline libelous"? - one of our favorite attorneys opined that this term, from Jack Goldberger's Motion filed on behalf of Judge Ana Gardiner in State v. Loureiro, makes about as much sense as saying your daughter is "a little pregnant". Of course, there's more indignation expressed by Goldberger, including the following:
"The Defendant avers that the depositions of Luciana Caligari and the affidavit of Sheila Alu, contain limited inconsistencies, with the depositions of the judge and prosecutor and propounds that this bolsters his argument that the Defendant's due process rights were violated. The Defendant's reliance upon the existence of silent "contacts (calls)" between the judge and prosecutor during trial as evidence of misconduct that "could be" categorized as outrageous and egregious, is seriously misplaced. The content of the calls has already been testified to, in sworn deposition, by the only two witnesses to these conversations. In their depositions of April 30, 2009, both Gardiner and the prosecutor categorically denied any discussion about the Defendant or his case during their calls to each other. (Gardiner Dep. 42-53); (Scheinberg Dep. 59-61) ... This uncontroverted evidence, from the sole sources, eviscerates the speculative, unfounded and largely defamatory contention that there was a "conspiracy" between the judge and prosecutor to have this Defendant "found guilty and executed." Not one shred of evidence exists, nor could it exist, as to this inflammatory and baseless allegation, and the same may deserve some consideration as to sanctions by this Court, for such scurrilous and reckless statements about a former prosecutor and a sitting Circuit Court judge in a public forum ... " (citations omitted)
Huh? Did he really say "limited inconsistencies" and "uncontroverted evidence"? It's just too bad the Motion was stricken by Chernow-Brown before Tenzer & Rosenbaum could reply. That would have been a fun read.
The real question, of course, is why this Motion was filed in the first place. It's pretty obvious that Gardiner & Scheinberg don't have standing, while everybody knows that Goldberger and Scheinberg's Bruce Lyons are both fine attorneys who should know this. So what gives? Is this some sort of calculated damage control? Was the Motion filed in the hope the papers would pick up on it, giving Gardiner & Scheinberg some much needed positive press? Or is there something bigger afoot, commensurate with the swirling rumors that Gardiner may soon be taking Buddy Nevins' advice to "ditch the black robe?" Is the filing of the Motion merely a face saving move in preparation for a new career? And does anyone know if the JQC ever tracked down the other civilian witness from the night in question?
So many questions ....
ASA David Braun in the house - that's right, he's still an ASA, and reportedly looking to go back on active duty. Braun was seen making the rounds last week, and overheard telling people that he's still technically employed by the SAO. Rumor has it that his case was diverted or is otherwise being dropped by the Miami SAO, with the assistance of attorney/magician David Bogenschutz. If it was diverted, how lucky is he that the Broward SAO couldn't prosecute him, notorious for not diverting BatLeos? And how unfortunate for the average poor minority that can't get the 17th off their case, since they would almost always be charged and convicted of a felony for a whole lot less than the officer alleges in Braun's PC? Yes, the old saying "there is no justice, only just us" comes to mind on this one. Still, some good may come of this situation after all, since Braun's rumored second prosecutorial act should hopefully be tempered by his days living as one of the accused.
Speaking of PTI and (allegedly) badly behaving ASAs - did you know the Broward SAO insists on verifying employment for all Pre-Trial Intervention cases? That's right, the SAO will give you the opportunity to keep your record clear of certain felonies so you can get a job in the future, but if you have a job before you enter the program, you'll probably lose it after they call. Our friends at the program tell us ASA In Charge Jeff Marcus can waive the requirement, like they routinely do in Miami and other jurisdictions, except the chances of "Dr. No" saying "yes" to the waiver are reportedly "slim to none." Well done!
Also, another young ASA has picked up a booze related charge. It's only a Municipal Ordinance this time, before Judge Berman. He gets a rare JAABLOG Pardon on his name being published, since he's still pretty new and may not have fully compromised himself yet vis a vis enforcing Satz's insane drug policies. Still, you have to wonder - what's going on at the SAO?
DROP THIS CASE MR. SATZ - keeping in mind ASA Braun's BatLeo arrest, click here for a PC detailing an unfortunate outburst by a really pissed off father. This BatLeo felony is alleged to have occurred in Judge Bernie Bober's courtroom, during a trial (outside the presence of the jury). Details are sketchy, but the defendant was on trial for a crime of violence involving another female (not the pissed off father's daughter), while the pissed off father and his daughter's current boyfriend got in the defendant's face over an alleged and uncharged sex act by the defendant against the daughter some time ago (got that?). One thing led to another, and now the father and boyfriend have charges. The officers involved reportedly don't want anything further to do with this case, and the father may now have immigration problems because of the felony. Let's hope this one goes away fast ...
This & That - congrats to ASA Scott Ernest on last weekends nuptials, officiated by Judge Cynthia Imperato. Congrats also to attorney Terrence Moons, Jr. on his upcoming November 15th wedding ceremony, to be officiated by Judge Michele Towbin-Singer; Todd Schulman, ASA Stacey's brother, continues to set LA ablaze; CJ Tobin's leaky email complaints make The Herald; Mike Mayo confirms that Rosenfeldt got a Ferrari, not a Porsche, from Rothstein (still no word on the COO's wheels); Attorney Jack Fleischman won a Not Guilty on his cockfighting case in St. Lucie; The US Supreme Court wonders whether prosecutorial immunity enjoyed during trial should extend to prosecutors' pretrial conduct, detailed in a NYT article of particular interest to the Broward legal community, considering the SAO's horrific record of wrongful convictions; Tuesday Time Waster - Maricopa County Sheriff's employee raids defense attorney's file while she's at the podium.
(Thanks to all the Anonymous Tipsters - please keep them coming.
And keep reading The Daily Pulp for all the breaking Rothstein news)
what buddy nevins does not know, is the truth behind(or maybe he does not care) Gardiners so called progress.When you do your buddies favours, they do you favours in return, which result in promotions etc. POWER is a dangerous thing, when we use it to bury poor people who are innocent just to please our friends, it in itself is evil. Gardiner did a lot of this from north broward days, and this moved her forward fast, as she owed debts to friends she had to do as they asked, even if it meant putting poor, and blacks behind bars for life to please her friends. Money is not all in life, look at scott now. Even if she gets out with her career in tact, she will still have to face ALL the injustices she did at some time down the line. KARMA IS TRUE. She did lots of people wrong, this is not just idle talk on the blog, this is TRUTH. ITS TIME FOR HER TO START SPEAKING THE TRUTH FOR A CHANGE AND DO THE RIGHT THING BY THE PEOPLE SHE HAS PUT AWAY TO PLEASE FRIENDS. HER SCOPE OF INFLUENCE HAS BEEN WIDE COVERING BROWARD,PALM BEACH,DADE. So she blocks who she wants with the help of her friends too. Dont think she is so innocent and sweet, I thought she was too, and actually liked her as a person, until I personally proved , her evil side. No matter when or how she goes her lies will be exposed, and she will have a REAL PRICE to pay.
Just another item under $9.99. She knows no better.
But those that do have had their eyes on her for reasons other than she would like.
And the piper is about to be paid.
Like Julian she's picked her way perilously close to the edge, always depending on others to save her from herself.
But with the number of buddies having gone to the big house for like indiscretions, she's running out of people to rely on.
It's dangerous out in deep water for you never know what is lurking just underneath you in the murky shadows.
Hunger drives people to do strange things, whatever the consequences and however insatiable the hunger.
Sometimes just when you think you know the ropes you find yourself washed up on the shoreline.
There could be a lot of fallout from this one. So many phone calls to so many people.
Is she going down?
Goldberger's motion in my opinion is really out there.
Why are you wasting everyone's time presenting 1988 news? Whatever the person did was dealt with by the Florida Bar and the Florida Supreme Court.
To 11:00a.m.
Do you literally or figuratively?
PUT BRAUN IN FELONY TO PROSECUTE BLACKS CHARGED WITH BATT LEO AND NO CONNECTIONS!!! HELL YEAH!
IS ANA CRUZ-BRAUN PREGNANT AGAIN? AT LEAST THIS ONE WON'T BE OUT OF WEDLOCK. CAN'T FIRE HIM WITH A KID ON THE WAY!
Bill, shotty reporting. The young ASA's identity was stolen. Its a Not Me case. Step 1: Get the facts before you open your mouth. Rumors shouldnt be spread. Because i heard a rumor about you and...
ooooh his I'd was stolen its a not me ha ha asas laugh at the defendants not funny when its you? how come the asa he is set for arrgnmnt he's still charged its his case ha ha ignore them bill keep up the good job
He's set for arraignment on November 18th.
Welcome to the jungle - guilty until proven innocent.
The Broward SAO would never file charges on an innocent man. That's simply not possible.
pleeeeease ALU, stop talking about yourself for a change: Dont think she is so innocent and sweet, I thought she was too, and actually liked her as a person, until I personally proved , her evil side.
There is an evil side to Sheila A. isn't there?
haahaaaaaahaaaaaaahaaaaaa
Kathy Berkowitz why don't you pull you head out of you ass and leave shiela along at least she doesn't go shopping on state time like you do your the worse supervisor i ever met get a life
your the worse writer ive ever read
Sheila Alu: A political hack dressed in moral crusader's clothing. She's on her way to the Broward Bench. First a stint on a municipal commission, then a stint at the State Attorney's Office where she gets her ethical fine training fine tuned, then a stint in the papers as the latest white knight for justice and the American Way, then finally a black robe and a big thank you Jesus. Take a look at who's on the bench and see how much of this is "we've all seen it before."
I'd vote for Alu just because she has a conscience unlike allot of others.
Sheila has my vote too. She brought more dirty ratholes to justice in 6 months than SPU did in 20 years.
How funny would it be if the phone calls between Gardiner and Alu and Scheinberg and Alu were really recorded by the FBI!!!!
we don't need any more judge Ferens.
Chinese proverb say: dirty ratholes kick up dirt to hide own dirty rathole skin.
Yes 8:32, you are right on target about Alu. She is completely self-serving and dirtier than any of them. She knows exactly what she's doing, as she's already won over some morons like 9:11 and 9:55! I don't know whose worse her or her imbicile ex-husband who stated the Rothstein charges are "all bullshit".
9:11, Alu has NO conscience, trust me. Do not be one of the chickens led to the slaughterhouse.
Hay sherifffff Al Lamo here is the FBI phone number 1800-225-5324 they want there funny money back dude they ain't aplayin PLAYA. There is no gold in I Iraq fools. Either way we want our money back now. And just for that you are fired and take Mike the blind man with ya. I don't see no wrong doing. Blondie hay thats me, only my freinds shall set me free. Now thats a rap. Snap I thought you were going to leave the office for old scotty boy. I guess not. I saw Mike standing at Broward and I-95 holding a sign saying I will work for food,and a one way out of Broward. Good bye you are the weakest link.
Oh Al when well we hear thr anouncement of the return of that dirty money from your pockets back to there owners? Were waiting to hear from you Al shame oh.
to 4.26PM 4.08AM was not ALU. But its time Ana and her dear friends know that after you have done so many people wrong for such a long time,there comes a time when neither santaria, or any other force can protect you, BECAUSE there is a higher force than all her forces that works patiently, more patiently than some of us would like, BUT HE is sure. She needs to stop telling lies, do the right things, and remember karma not only comes back on you but sometimes even more so on your children. She is a big girl she knows all she has done, and to whom she has done the wrongs, although maybe she thought that asa long as she was hiding under the letter of the law to do these things so she could climb up the ladder of promotion it was ok. BE CAREFUL WHAT YOU DO ON YOUR WAY UP, BECAUSE YOU NEVER KNOW WHOM YOU MAY MEET ON YOUR WAY DOWM.Ana.Satz or Jenne or your other cronies wont be able to help you soon.THERE IS A HIGHER FORCE AND HE IS IS IS MORE POWERFUL THAN YOU ALL.
Ana can suck the next 158 grains out of that steel tube right after Shitz sucks his. End of story. Do it, Ana, do it. Save us all the expense of undoing every crime you have committed under color of robe.
The dragnet expands!