ROC Court last Thursday (like any other day)


This & That
- Tony Loe, crime victim.  Apparently ASA In Charge Tony Loe had his car stolen by a juvenile offender not too long ago.  Judge Feren was having difficulty finding probable cause to detain the suspect, when Loe himself made an appearance.  The lines got awful blurry according to observers, since Loe sounded more like a prosecutor than a victim during the ensuing legal debate.  Ultimately, the suspect was detained ... Judge Bernie Bober suppressed State's evidence last week.  The facts were mighty similar to the case handled by Gary Ostrow before Judge Murphy not too long ago.  An informant, a pretextural stop based on an incredible infraction, and more warrantless fun and games into a residence courtesy of some of Satzland's finest.  Attorney Sid Fleischman won the day, after providing photographic evidence of a stop sign that wasn't where it was supposed to be ... Civil lawyers have been able to schedule hearings in some divisions electronically for some time now, and criminal lawyers may also be able to do so soon.  Judge Holmes told the PSCC last week that she's implementing a pilot program, after the Supreme Court gives its blessing.  Starting with her division, blocks of time will be allotted for lawyers with cases before any criminal judge to set motions via the world wide web, whether bond, plea, or whatnot.  If it works, it will be tried in busier divisions later ... At least one, and possibly two more sitting county judges should have opposition soon.  We're sworn to secrecy, so stay tuned to see if the lawyers put up or shut up ... Level 6 for an adolescent murderer?  That's the word.  It's that old Bogie magic, ladies and gentlemen (remember when he said "I hope (Satz) is state attorney forever"?) ... And don't forget about all the Adderley fallout in the Sun Sentinel and The Daily Pulp (with links to Adderley's preposterous statements to The Herald).  We've been mostly leaving this one alone since the pictures broke, although it's important to note Mayor Seiler's statement to the Sentinel: "Seiler ... said a judge commented to him this week on Adderley's behalf. Seiler said the judge, whom he declined to identify, said he had known Adderley for years and added: "Don't believe everything you read. He's a good guy.''  For the record, Jack, another judge, whom we'll also decline to identify, told us last week that alleged free meals and the like are only the "tip of the iceberg" when it comes to Adderley.  Wherever the truth may lie, let's hope this whole mess gets investigated for real, if only for Danielle Filler's sake ... Our PSCC update will follow soon, including the answer to the following age old question: "why do a small number of defendants still get stuck in the jail all weekend waiting for a monitor, even though Pretrial is there on both Saturday and Sunday?" ...

SD FL BLOG: Innocent people pleading guilty 

It's one of the criminal justice system's dirty little secrets -- innocent people plead guilty because the risk if you lose at trial is too high. The Wall Street Journal covers this phenomenon ...

There's a lot we can do to fix this, and much of it already has been discussed ... For starters, juries -- not probation officers -- should recommend sentences to the Court.

                Chief Justice Quince

Florida Supreme Court says in some neighborhoods fleeing police is resisting arrest

"Fleeing from authorities after being ordered to stop in a high-crime area is against the law, the Florida Supreme Court ruled Thursday.

Troubled that the opinion will adversely affect poor and minority neighborhoods, Chief Justice Peggy Quince, the sole dissenter, and several members of the majority urged the Legislature to clear up the potential double standard.

The justices were bothered that a person living in an area known for criminal activity could be arrested for fleeing at the sight of police, while residents of safer neighborhoods could run without consequence.

"I cannot believe that we as a society have come to the point where we are willing to make criminals of people, especially our young people, based on where they live," Quince wrote."

C.E.L. vs State of Florida

                                                    RICH KIDS RUN, POOR KIDS FLEE

Florida takes a step out of the dark ages today courtesy of the Supreme Court's ruling IN RE: AMENDMENTS TO THE FLORIDA RULES OF JUVENILE PROCEDURE.

Here's the relevant lingo:

"We find the indiscriminate shackling of children in Florida courtrooms as described in the NJDC's Assessment repugnant, degrading, humiliating, and contrary to the stated primary purposes of the juvenile justice system and to the principles of therapeutic justice, a concept which this Court has previously acknowledged. See In re Report of Family Court Steering Committee, 794 So. 2d 518, 523 (Fla. 2001) (approving guiding principles for family court, including that "therapeutic justice" should be a key part of the family court process). We also recognize, without deciding, that indiscriminate use of restraints on children in the courtroom in juvenile delinquency proceedings may violate the children's due process rights and infringe on their right to counsel. We agree with the proponents of this amendment that the presumption should be that children are not restrained when appearing in court and that restraints may be used only upon an individualized determination that such restraint is necessary. Accordingly, we amend rule 8.100 as proposed by the Committee." (p.9)

Channel Seven is working on a story featuring some 7-11 video of an off-duty Ft. Lauderdale Police Officer losing it on a hapless victim.  Back-up was called, official guns were allegedly used in an uncalled for and threatening manner, and, of course, the SAO was asked to file charges (they were declined today).  The most interesting thing?  At least one of the cops may have been involved in an "accidental shooting", and another shooting case which may be going before the Grand Jury.  We'll let you know when the story airs, and we'll try to post any closeout memos we find and the video too.

                            ONE STEP AT A TIME


What did you think of this article?

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  • 12/17/2009 3:01 PM Anonymous wrote:
    Good piece on this change, and good to see the Supremes paying attention to this important issue.
  • 12/17/2009 4:07 PM Anonymous wrote:
    It never made sense adults only cuffs and kids hogtied
  • 12/17/2009 4:15 PM Blog Hijacked wrote:
    Holy smokes. Someone call FDLE or the FBI!!! (Aren't there some judges that have those numbers on speed dial?)

    Someone must have kidnapped the folks that run the blog!

    How else can you explain a post that actually has a case citation, and a pure legal discussion, and doesn't include anything that could result in a comment about Scott Rothstein, A-Turd, the Adjudicator, Dale Ross, Starting Her Our In Satellite, Klitty, Doyle Mombach, Diaz, Sprinkles, The Silver Surfer, Chief Judge Vicky T, Bob Norman, Smiling Jack, Help Me Howard, etc.?

    Oh wait. nevermind.
  • 12/17/2009 4:48 PM Steven Schaet wrote:
    Does anyone have any information on two Ft. Lauderdale police officers, Morris and Sheehan. They were involved in a severe beating of my client and I am interested if anyone else has had recent problems with them? Thanks.
  • 12/17/2009 5:18 PM Anonymous wrote:
    I always thought the shackling of juveniles was way over the top for non-violent charges. But Broward judges like all the drama they can muster. Real joke of a town.
  • 12/17/2009 7:27 PM Fake Mike Satz wrote:
    OMG double lock your doors. Kevlar vests for all SAO in court personnel in case a juvenile tries to stab someone with the pen they use to plea out to a burglary dwelling for taking a bike from someone's driveway for a joy ride. Triple investigator escorts even if it means I have to eat alone. Criminals are now basically roaming the courthouse free. No one is safe. What is the world coming to?
  • 12/17/2009 10:28 PM Anonymous wrote:
    Poor Mike. Everyone around him becoming human!!!!!! Real Democrats in Broward for a change!!!!! YIKES!!!!!!!
  • 12/17/2009 10:30 PM Anonymous wrote:
    Is Mike like a Smurf? Now that everyone around him is a conscientious liberal, will he become one too? Wonder Twin Powers Activate - Form of a HUMAN???????
  • 12/17/2009 10:31 PM Anonymous wrote:
  • 12/17/2009 11:40 PM Anonymous wrote:
    So let me get this straight. A 17-year-old shoots a guy in the leg during a robbery. He gets arrested as a juvenile. The detention judge declares him to be A RISK so he is committed to DJJ custody. Even though he is presumed a risk by the very fact he's held in custody, this 17-year-old gets to walk around the courthouse with NOT EVEN HANDCUFFS until the state decides to direct file?!?

    As demeaning as HANDCUFFING A JUDICIALLY-ORDERED "RISK" may be, the safety of courthouse personnel, lawyers and civilians (including OUR CLIENTS) is in serious jeopardy. These aren't petit thieves or car burglars that are committed, these are RISKS. And some of these 15- and 16-year-olds are bigger than most lawyers, and some courthouse/DJJ deputies!!!

    Seriously, somewhere in this state, there is going to be a violent casualty of this rule change. I just pray it isn't in Broward.
  • 12/17/2009 11:56 PM Anonymous wrote:
    It ain't gonna be Broward --- the only casualty in Broward?? THE CONSTITUTION OF THESE HERE UNITED STATES
  • 12/18/2009 10:18 AM Anonymous wrote:
    Apparently anonymous at 11:40 pm can't read. It says they can't be shackled while "in the courtroom." Walking around the courthouse (which I assume is when they are being led by at least one armed deputy) is a different issue. Chill. The 70 pound juvenile is not going to kill you in the halls. You can sleep soundly.
  • 12/18/2009 11:34 AM Anonymous wrote:
    Rumor hot off the presses - one of the candidates for a contested county court seat is switching to an already contested circuit seat.

  • 12/19/2009 3:37 PM Anonymous wrote:
    Is the SAO buying Caravella anything for Christmas?
  • 12/20/2009 7:59 AM operation greylord wrote:
    no more shackles fot the PRO SE that ADRIA QUINTELA , Ken Jenne , Jay Spechler , scott rothstein , ed nekritz, Bugsy Seltzer , Rhonda Hollander , Ganev Mombach and JIM CROW ROGOW disdain so much .......... just as SCOTT ROTHSTEIN played with FRANK ADDERLY and DAVID BENJAMIN ....... so did GENE MOSS with JAY SPECHLER and FRED LEWIS ............. Will the FBI find out why MARRA LANSKY luvs Pierre and BILL VENTURI .
  • 12/21/2009 12:14 AM Help Operation Greylord wrote:
    Does anyone else think Operation Greylord is suffering from a severe form of Schizophrenia? Does anyone know what the hell he is talking about with Mombach,Spechler,Lansky, Seltzer and Rogow all the time? Makes no sense!
  • 12/21/2009 12:18 AM Rizzo wrote:
    Officers Morris and Sheehan beat me mercilessly! Then they rammed their nightsticks into my buttocks repeatedly! It was terrible!
  • 12/22/2009 3:48 PM moreofthesame wrote:
    Bottom Line: CJ Piggy Queef is the same lying pile of crap she always was and the only reason any--I mean ANY--one in that, this (17th) and every other Florida garbage dump arena from Crist on down is interested in the slightest modicum of law and justice is to CYA and try to dodge federal investigation, and pave the way to bring their cancerous infection to higher political.

    Piggy Queef is just another is just another Florida "Arbitrary Anarchist" that uses and abuses the law, the Judicial Canons and the Bar Rules as she feels and then lies about it and will not be accessed by anybody who invokes the Canons and authorized super clerk Tom-tom Hall to obstruct and compromise her judicial responsibilities.
  • 1/4/2010 7:21 AM euro casino wrote:
    why shouldn't the same rules apply to adults who do not pose a safety risk. this practice is contrary to therapeutic justice no matter the age. everyone in the Pre-trial detention facility in Duval county who makes a court appearance after an arrest is shackled at the hands & feet, even if they were arrested for a petty theft or driving on a suspended license.

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