A blog by Miami Criminal Defense Lawyer Brian Tannebaum. Commenting on criminal law issues of local and national interest.

Tuesday, March 28, 2006

Jack Abramoff's Memorandum In Aid of Sentencing And Letters

Today's Miami Herald.com has the full text of Jack Abramoff's Memorandum In Aid Of Sentencing and Index of Letters that were sent to Judge Huck for tomorrow's sentencing.

Click the link: MiamiHerald.com

Brian Tannebaum is a criminal defense attorney in Miami, Florida practicing in state and federal court. To learn more about Brian and his firm, Tannebaum Weiss, please visit www.tannebaumweiss.com

Sunday, March 26, 2006

A Case To Watch - Girl "Missing" 10 Years Found With..... Security Guard?

The headline leaves little to say.

The story is here.

Let's watch this one.

Saturday, March 25, 2006

Jack's Back - Abramoff To Be Sentenced

Where's the frenzy?

Now that Abramoff has entered his guilty plea (DOJ Press Release) Jack Abramoff will be sentenced this week, Wednesday, March 29th, 2006, at 1:00 p.m. before The Honorable Paul Huck, United States District Court Judge for the Southern District of Florida. (Appointed by President Clinton, 1990.)

I mention that he was appointed by President Clinton for biographical purposes, but don't get any ideas. Huck is a by the book, down the middle, rules are rules, jurist.

Since there are no cameras in federal courtrooms, here's a snapshot of what will happen:

The 10th floor mahogany laden courtroom will be filled with Abramoff supporters, prosecutors Lawrence LaVechhio, Paul Schwartz, defense lawyers Neal Sonnett (know as the "dean of the Miami defense bar) and Abbe David Lowell of Washington fame.

The defense may again seek a continuance, which will be denied as quickly as it is requested.

Judge Huck will then discuss the Pre-sentence investigation Report and any objections filed by the defense. Judge Huck will try to resolve the objections and determine the "Guideline Range" pursuant to the Federal Sentencing Guidelines.

Then we'll hear from Abramoff supporters, and Abramoff. Yes, this will be the first time we actually hear a statement from Abramoff. He will apologize, seek forgiveness, and a light sentence.

Look for Judge Huck to sentence Abramoff within the Federal Sentencing Guidelines, and make no long statements about Abramoff's conduct.

He will not take Abramoff immediately into custody, but require him to self-surrender when the Federal Bureau of Prisons designates him to a facility.

Then Abramoff will walk out of court, and say nothing.

Look for a post-sentence statement from Interim U.S Attorney for the Southern District of Florida, R. Alexander Acosta, who will most likely be at the sentencing.

Tuesday, March 14, 2006

Second Opinion: Martin Lee Anderson Was Murdered

The second autopsy of beaten-to-death Martin Lee Anderson, shows that he did not die of natural causes. As Gomer Pyle used to say "Surprise, surprise, surprise!"

In fact, the confirmation that young Martin didn't die from a, excuse me, "blood disorder," came from........Prosecutors! Sounds like my criminal defense brothers and sisters in the Florida Panhandle should be getting some phone calls real soon.

According to the Associated Press - "A noted pathologist who observed Monday's 12-hour autopsy on behalf of the family said it was clear that Martin Lee Anderson did not die from sickle cell trait, as the medical examiner in Bay County had determined, or any other natural causes."

That noted pathologist was the world famous and former chief of the New York City Medical Examiner's Office Dr. Michael Baden, who opined: "He died because of what you see in the videotape."

I thought that too.....

"I'm just glad the truth is out," said Gina Jones, mother of Martin Lee Anderson.

So the hell am I.

Brian Tannebaum is a criminal defense attorney in Miami, Florida practicing in state and federal court. To learn more about Brian and his firm, Tannebaum Weiss, please visit www.tannebaumweiss.com

Sunday, March 05, 2006

Jim Morrison Wanted Behind Jail Cell "Doors"

I wish I could tell you I remember this day (March 5) in history in 1969, but it was about 4 months before I was born when an arrest warrant was issued for Doors lead singer Jim Morrison (December 8, 1943 - July 3, 1971) for his behavior on-stage at a concert here in my hometown. A detailed post about the concert is here.

According to historychannel.com, "When Morrison first got word of the charges for lewd and lascivious behavior, indecent exposure, profanity, and drunkenness, he thought it was a practical joke.

Morrison rejected a plea bargain that included the Doors playing a free concert in Miami." and proceeded to trial August 12, 1970.

As historychannel.com goes on to report, "virtually every witness was somehow connected to the police or the district attorney's office. There was some question as to whether the popular singer had ever actually exposed himself on stage. But there was little doubt that he was so drunk that he had been able to do little more than mumble during the show."

A great article written at the time of the trial is here. An article written by one of the trial witnesses, photographer David E. LeVine, with pictures of the trial, is here. A recently published article about the entire case, with a color photo of Morrison being led out of the courthouse to jail is here.

Morrison was convicted and sentenced to six months in prison and a $500 fine. Morrison died in Paris (in a bathtub) before he could serve the sentence." A great post about the last days of his life is here.

I'd love to hear from anyone who was in Miami during the trial.

SIDENOTE: I recently went to the Rock & Roll Hall of Fame in Cleveland, where they have a fascinating exhibit of Morrison's life, including a letter from the Florida Probation and Parole Commission District Office to Morrison's Father, asking for his input at sentencing, and the letter written in response by Morrison's Father, evidencing a great strain in their relationship. You can read the text of those letters here. A list of the items in the Jim Morrison exhibit is here.

Brian Tannebaum is a criminal defense attorney in Miami, Florida practicing in state and federal court. To learn more about Brian and his firm, Tannebaum Weiss, please visit www.tannebaumweiss.com