TUESDAY BONUS
Roto-Rooter - will lightning strike our humble abode twice in less than a week? That's the whisper. Could this be what everyone's been waiting for? Stay tuned ...
From Attorney Steve Schaet - "I am writing to inquire whether other Broward County Attorneys have had or are in a similar situation that I have right now. Recently, I filed a motion to recuse Judge Robert Diaz because I feel, and most importantly, my client feels that he is not being reasonably treated by Judge Diaz. Judge Diaz denied a Motion, and a Writ is being filed. The facts of my client's case are as follows:
(Excuse me for some of the following language but they are quotes from the probable cause affidavit and need to be used for this matter)
My client, a young black male, was stopped at a DUI checkpoint where he was a passenger in a vehicle along with three other black males. The officers stated that they smelled the odor of burnt marijuana and asked them to all get out of the vehicle and produce their driver's license. The occupants were "respectful and cooperative" when the officers began to search their vehicle but my client became agitated and disrespectful during the search process when it started to take a long time. My client informed the officers that the reason for the search was because of their skin color, that their was no marijuana in the car and that they never smelled any marijuana in the first place. The officers state that my client was being disruptive and yelling at them saying" fuck you and go fuck yourself" in English as well as Creole. It is unknown if any of these officers present even spoke Creole. My client does not deny that he argued with the police and used obscenities but he states they were cursing at him as well. Amazingly, the officers did not find any marijuana in the car after an extensive search. The officers told them to get back into the car and then threw their driver's licenses into the vehicle and the licenses scattered about. They were instructed to drive away. My client and the other occupants returned because my clients license was missing and was not returned to him. When my client returned he got out of the vehicle and began shouting that he wanted his license back. Cursing all the while. The officers yelled back and told him to get out of there in an aggressive manner. This is where my issue comes up. My client, a black male, started to say things such as, "Suck my dick Nigga...I will fuck you Niggas up... and fuck you I am not leaving without my license...fuck all you niggas." These officers are white and its pretty common knowledge that nigga is a slang term, for anyone, in the young black community. The officer's specifically spelled it with an "a" at the end and not "er" as well and no where do they say that they believed that his slurs were racially motivated.
My issue is this: Judge Diaz may have a policy of offering jail if racial terminology was used during an arrest or directed at someone on scene. Judge Diaz has offered jail on other clients that used racial terminology when it was a first DUI with no other reasons for enhancement. In other words, possibly unwarranted. Judge Diaz is offering my client 30 days in jail, he has no criminal history, all for a trespass and disorderly conduct. My client feels he is not being treated fairly because of statements the Judge made in court. He also saw Judge Diaz offer an individual who was originally arrested on a Burglary Battery, downfiled to a simple battery with over $20,000.00 in restitution for the injuries incurred by a helpless victim sitting in a car when the defendant walked up and struck the victim in the face during a road rage incident, receive a court offer below what the state was offering of just 10 days in jail and probation.
I am interested in knowing if any other attorneys have had similar incidents with Judge Diaz on, 1) Jail offers when racial terminology was used, 2) Whether a motion to recuse Judge Diaz has ever been granted. Thank you. You can contact me at the office at 954-728-3477. Your name will not come up if you so desire."
Sincerely,
From Attorney Steve Schaet - "I am writing to inquire whether other Broward County Attorneys have had or are in a similar situation that I have right now. Recently, I filed a motion to recuse Judge Robert Diaz because I feel, and most importantly, my client feels that he is not being reasonably treated by Judge Diaz. Judge Diaz denied a Motion, and a Writ is being filed. The facts of my client's case are as follows:
(Excuse me for some of the following language but they are quotes from the probable cause affidavit and need to be used for this matter)
My client, a young black male, was stopped at a DUI checkpoint where he was a passenger in a vehicle along with three other black males. The officers stated that they smelled the odor of burnt marijuana and asked them to all get out of the vehicle and produce their driver's license. The occupants were "respectful and cooperative" when the officers began to search their vehicle but my client became agitated and disrespectful during the search process when it started to take a long time. My client informed the officers that the reason for the search was because of their skin color, that their was no marijuana in the car and that they never smelled any marijuana in the first place. The officers state that my client was being disruptive and yelling at them saying" fuck you and go fuck yourself" in English as well as Creole. It is unknown if any of these officers present even spoke Creole. My client does not deny that he argued with the police and used obscenities but he states they were cursing at him as well. Amazingly, the officers did not find any marijuana in the car after an extensive search. The officers told them to get back into the car and then threw their driver's licenses into the vehicle and the licenses scattered about. They were instructed to drive away. My client and the other occupants returned because my clients license was missing and was not returned to him. When my client returned he got out of the vehicle and began shouting that he wanted his license back. Cursing all the while. The officers yelled back and told him to get out of there in an aggressive manner. This is where my issue comes up. My client, a black male, started to say things such as, "Suck my dick Nigga...I will fuck you Niggas up... and fuck you I am not leaving without my license...fuck all you niggas." These officers are white and its pretty common knowledge that nigga is a slang term, for anyone, in the young black community. The officer's specifically spelled it with an "a" at the end and not "er" as well and no where do they say that they believed that his slurs were racially motivated.
My issue is this: Judge Diaz may have a policy of offering jail if racial terminology was used during an arrest or directed at someone on scene. Judge Diaz has offered jail on other clients that used racial terminology when it was a first DUI with no other reasons for enhancement. In other words, possibly unwarranted. Judge Diaz is offering my client 30 days in jail, he has no criminal history, all for a trespass and disorderly conduct. My client feels he is not being treated fairly because of statements the Judge made in court. He also saw Judge Diaz offer an individual who was originally arrested on a Burglary Battery, downfiled to a simple battery with over $20,000.00 in restitution for the injuries incurred by a helpless victim sitting in a car when the defendant walked up and struck the victim in the face during a road rage incident, receive a court offer below what the state was offering of just 10 days in jail and probation.
I am interested in knowing if any other attorneys have had similar incidents with Judge Diaz on, 1) Jail offers when racial terminology was used, 2) Whether a motion to recuse Judge Diaz has ever been granted. Thank you. You can contact me at the office at 954-728-3477. Your name will not come up if you so desire."
Sincerely,
Steven Schaet.
I guess old man backman fell asleep beofre he could confirm this story
Why not? He had more to do with her fall from grace than she'll ever know. Some people that get that full of themselves just can't learn anything.
another bonehead move by the Hurlman...
Thats nice, so Bill would this have been done for a black or hispanic? They have mental health treatment in the jail, what makes this white guy so special?
"Judge John "Jay'' Hurley agreed this morning that the homeless, convicted child-killer and Vietnam veteran Gary D. Kerpan, whose face you've seen on this blog for the past week, can be released from jail and sent to a veteran's hospital in Miami."
So goes Crist goes Hurley.
Come on Steve -- we've been waiting for a press release, but not about this.
When are you jumping into a race?
Steve, you could do Broward County a very big favor and run against Diaz and toss him off the bench. Broward would benefit greatly from the exchange of judges.
I would like to know if the individual has any prior offenses and what specifically was said to him to make feel like the judge was impartial?
So far it sounds as if your client has not liked the judges rulings and his offer from the bench so that is the basis for the disqualification.
If you could fill me in on more details such as I stated above then I can determine if there is something more then a disagreement on sentencing etc.
This is the same Judge Diaz that was fined 15 thousand dollars by the JQC for sending a nasty e-mail to another judge in Broward with some nasty allegations? Check the records. Nothing would suprise me about this guy.
If you read the above you would see he has no priors whatsoever and if the judge has a policy it doesn't matter what he said to the defendant.
Let's see, rumors abound that Steve Schaet and Seidman have discussed him getting into his group if/when Seidman jumps out, and then there is this piece regarding Judge Diaz.
Intriguing at a minimum.
Is Diaz up for re-election?
To 9:33
Dont you mean to say that Judge Hurley went along with the stipulated agreement between the State and Defense.
Bill comments last night and links to the bus to West Palm Beach regarding the Loueiro matter, and promises an update Tuesday night.....and......then.....
Nothing other than Steve Schaet regarding a Diaz recusal (granted an interesting item, but certainly not what we were expecting).
DAMMIT BILL -- WHERE'S THE BEEF!!!
Hand it to him, Steve. I can't think of anything cool to say about him. He's not looking too happy these days. That's for sure.
DIAZ NEEDS TO GO !!!
Bill has the beef. He's just being cautious.
As to Judge Robert Diaz: I have been an attorney in Broward County for 28 years. Amazing! What makes me an expert on this man as a man and a Judge is that I was married to him for over 15 years. We knew each other for 17 years.
1. During all the years I have known Judge Diaz, he never ever used a racial term to describe anyone. I admired him for this and still do. We are no longer married but I know his character. He is well aware that racial terms hurt deeply; sometimes even more than a physical blow. We should not use these words ever. They leave scars that can not be erased; no matter who the person is who is using them.
2. Judge Diaz paid for the comments he made regarding threatened deportation and using the name of an association. This was wrong but if anyone thought of his motive; it would show that he cares for the underdogs of this world. I know this about him also.
I may be his ex-wife but I will tell you that if any one does run against him for being allegedly hard on those who use racial slurs then I will again donn my campaign hat for him because he is a good Judge. And for all of you who are accusing him because you do not like his rulings, you have your remedy: use it: that is why we have appellate rules.
If I did not know the character of the man when it comes to these issues, I would not have taken the time to write this. There are judges who should not be on the bench. Judge Diaz is not one of them.
Sharon Bourassa, Esq.
Sharon, you obvisouly know Judge Diaz much better than I ever will. I am not asking for him to be removed and nor would I ever run against Judge Diaz, I like him as a Judge and I consider him a friend as well. I am simply asking anyone if they have had similar situations and what have his rulings been. I am using the proper remedy and it was denied and therefore I will take it to the higher court as you suggest. What I am saying, is that NO judge should have a policy such as his, and he does have this policy, as he and I have discussed it before, and that is why you are now reading about this. Thirty days in jail can ruin a life and no one should go to jail because they used protected speech, whether against an officer or not, if the officers where so threatended they would have charged him accordingly, they did not, if the state wanted to upfile the charge, they could have, they didn't. I have plead charges in his courtroom plenty of times that were much more egregious and they didn't get any jail time. If you feel it necessary in two years to donn your campaign hat so he can continue putting people in jail for using racial slurs, protected speech, not a crime, then I hope you look good in that hat because it will happen, not by me but someone else. Lastly, I don't believe in this instance where my client being a black male caused any scars, as you say, to these white cops.
Sincerely,
Steven Schaet
Schaet for Judge.
Steve, there are many that don't share your opinion about Diaz. I'm one of them. We couldn't have a worse person on the bench in my opinion. I promis you my support and my check of 500 if you run against him. We'd be much better off with you on the bench.
As far as Sharon's little speach about Diaz, she wouldn't know her butt from her elbow.
Donn your campaign hat and I'll donn mine. Diaz can easily be beat and should be.
hello, judge diaz recused himself on the grady matter on the motion that al milian filed, which was posted on this blog.
To Fake Stevie at 3:48
I can't imagine that rant was Steve Schaet. First, he's now accused the judge of having this policy and that he and the judge have talked about it privately between them. How is it only now that he's outing his "friend" publicly like this.
I say this is a bad Steve Schaet impersonator, because if it was him, I think it shows he's just another insider who knows of the wrongdoing of his judge-friends and doesn't do anything about it until it's about to affect his wallet and his client.
I'd say that's a campaign issue too for this Fake Steve, as is the fact that he writes like a 6-year old.
Well, that is a nice attack on me. I don't know who you are because you are anonymous, thus how can I respond to your trashy remark? But I do know that the poor I represent would not agree with you.
Sharon Bourassa, Esq.
Steve, you consider yourself a "friend" of the Judge, with friends like you who needs enemies. I seem to remember there are these crazy things called appeals that attorneys file if they want to take up a judges ruling. I didnt know that went away in favor of "you make the call" segments on JAAB
Hey, you don't need to go to Circuit any more, you just need to appeal to the 1st B.C.A ("Bill's Court of Appeal").
By appealing to the 1st BCA, outing the Judge by saying you've had private conversations with him about his alleged "policy", and the rest of the items that Steve has stated here, you not only can rest assured of getting a recusal from the Judge, but you can probably file Motions to Recuse on Judge Diaz from now until the end of time, since you've accused him of impropriety and discussing privately with you a policy of giving jail to anyone exercising their right to call someone a racial slur (while disgusting, still protected speech).
So hey, all you judges at the 4th DCA and in Circuit Court, take a long vacation. Your services are no longer needed.
From now on, when we Broward lawyers have an issue with a judge's ruling, we just take it to the net.......
It's faster, easier, and we don't have to worry about those pesky rules of appellate procedure or the font size/margin rules that were created when our grandparents were practicing law.
Schaet, what is all this bullshit? If your motion was legally sufficient, Judge Diaz will be reversed. Even if what you claim wasn't true, he would be reversed.
Sorry, but it appears from your comment that your emotions overpowered your normally logical brain.
Even worse, it appears that the adjudicator (10:31) has jumped in on your behalf.
Judge Diaz is the most fair and impartial judge on the bench. If this is the offer, it seems very generous considering any other judge would slam SLAM this guy. If I were you, I would try to win on the first amendment case law.
Every other judge would slam him, please. He would get a withhold and court costs in every courtroom. Is this worse than two DUIs in five years hell no. Get a clue you moron. Schaets right here 30 days for calling cops names shows you are an idiot.
The reason why Judge Diaz recused himself from Milian's case was because he got caught bad mouthing an attorney outside of the courtroom. Another bonehead move by him, fake emails to other judges, bad mouthing attorneys, seems like a mental midget. He is lucky he isn't up for election this year.