Martin Lee Anderson - A Criminal With Bad Parents

I've never written about a comment that someone wrote in response to one of my posts. Most of them are thoughtful disagreements that raise the merits of the opposite point of view.

As a criminal defense lawyer, I expect many to disagree with my views on fairness and justice. We are surrounded by "Law and Order" types, and not just the 37 shows a week on TV by the same title. Most believe the problem with crime, is that we are not making enough people criminals, and putting them in prison for the rest of their lives.

I believe in the First Amendment, and it's broad protection of even thoughts like the following comment on my post about Martin Lee Anderson:

Unfortunately this boy was guilty of much more than just stealing his grandmother's car. I know that when Leon County Boot Camp was still in existence the juveniles it housed were averaging 12-13 crimes before intake. Factor in percentage of times they committed crimes before they were actually caught and you're racking up quite the record. As for the State of Florida taking care of her son, do you not attribute any of this to poor parenting skills and the inability of the mother to place her son in an environment conducive to success? I am truly sorry that this boy is dead, and I don't think he "got what he deserved", but you can't say that they murdered him. The juvenile had an illness and the coroner ruled it a natural death. If anything, there was poor screening prior to intake. The only physical contact made to the juvenile were legitimate leg sweeps and arm bars. They were also consistently bringing water to the juvenile. This boy went through nothing different than any other juvenile in the system, he just happened to have a disease. Poor upbringing and the ineffectiveness of a functional family could be considered factors in the juvenile's death more than the fault of the officers.

I cant tell you who wrote this, because of course, they were too much of a coward to post their real name.

Any comments?

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

A Miami Lawyer Goes To Arkansas

I just returned from Little Rock where my client took a plea in the largest computer theft indictment in U.S history. The victim was Acxiom. The main defendant received 8 years in prison. The story is here.

Here's some answers to your initial questions:

1. Miami lawyer in a Arkansas federal courtroom? How'd the judge treat you?

Like a lawyer.

2. How many times did you hear "we don't do things like that here?"

None.

3. What are Arkansas federal prosecutors like?

Gentlemen.

4. Courtroom staff make your life miserable?

Best I've ever dealt with.

5. FBI Agents, Marshals, probation officers, courthouse security?

Couldn't be more respectful.

It was the first time in a long time I walked into a courtroom and felt that all parties involved had total and complete respect for the function of a criminal defense lawyer.

And I appreciated the experience.

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 go to www.tannebaumweiss.com

Martin Lee Anderson, A Boy, Killed In Boot Camp

To the "tough on crime" tunnel vision morons, Martin Lee Anderson was a boy who committed a crime and "oh well," died in boot camp.

To those with working brain cells, two hours after arriving at boot camp, Martin Lee Anderson was murdered by law enforcement officers charged with the duty of rehabilitating him for, yeah, "stealing" his grandmother's car.

"Sorry Grandma," Martin's probably crying from heaven.

Here's the video, judge for yourself. If you usually need glasses, don't worry, you won't need them here.

And here's the press release from the Florida Department of Law Enforcement.

To Martin's mother, I am so sorry you could not rely on the State of Florida to take care of your son, and I hope you get every bit of justice available to a human being, both in civil AND criminal court. You have great lawyers in Parks and Crump.

And I want to say that I NEVER want to hear again from a prosecutor, police officer, government official, or any other "they're criminals and they get what they deserve" type person who blindly goes through life either in denial, or ignorance - that this type of brutal, disgusting, criminal behavior doesn't exist everyday in our local jails, state prisons, and juvenile boot camps.

Wake up!

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

A Judge's Legacy: Jailing A Lawyer

I often wonder if judges think about their legacy.

Sometimes I walk in a courtroom and it becomes clear to me that there are judges who could care less about their legacy. We in Miami criminal court recently lost Judge Manny Crespo. People were downright emotional. His legacy? One of the nicest guys on the planet. Oh yeah, he was tough on defendants, but just a sweet, sweet man. No one remembers how many cases he cleared from his docket, or how many motions he granted or denied, just that he was a wonderful man.

That's his legacy.

Ft. Lauderdale Judge Cheryl Aleman will also have her legacy, having already earned the following press during her tenure:

"Aleman earned the lowest marks among the candidates in a recent Broward County Bar Association poll. Almost half of the attorneys responding deemed her "not qualified."

And then there's this:

"Florida Judge Refuses Early Release For Inmate Dying of Aids"

Judge Aleman recently won a new 6-year term in 2004, or as they like to say in political circles, "is on the fat side of 6."

Judge Aleman made a decision this week that will surely be a part of her legacy, and be discussed for years to come; she jailed a criminal defense lawyer for not appearing for trial for the second time in a month on the same case.

The newest headline for Judge Aleman:

"Controversial Broward Circuit Judge Cheryl Aleman had Adam Katz handcuffed and jailed without bond after finding him in contempt of court when he failed to show up, for the second time in a month, for the trial of a client accused of felony driving with a revoked license."

The sentence? A night in jail? A weekend? No, 60 days.

In Aleman's defense, this lawyer has done this before, and been ordered to undergo an evaluation for substance abuse by another judge.

But c'mon! This lawyer may have a substance abuse problem and this is what is done? How about probation, fines, community service, a meeting in chambers with a threat to send him to the Bar in 72 hours if he doesn't get help?

How about some damn compassion and fairness?

That would be a wonderful legacy.

Alleged Terrorists & Drug Kingpins in Miami Federal Court - So What?

Miami Federal District Court Judges Federico Moreno and Marcia Cooke, take a bow. ( I currently have no cases before either Judge.)

You have made it clear that justice in your courtroom begins with the word "equal."

These judges are insisting that the defendants before them, alleged Cali Cartel Founder Gilberto Rodriguez-Orejuela, and alleged dirty bomber Jose Padilla, be treated like every other defendant.

Judge Moreno is angry that Rodriguez-Orejuela's attorney is having trouble meeting with him in the Miami Federal Detention Center.

Judge Cooke does not want Mr. Padilla shackled, because no other defendant is treated so in her courtroom.

It's nice to see Judges get passionate about fairness. Many speak of it, but these two have gone a step further, and insisted on it in cases of international interest where many could care less how these defendants are treated.

The Public Defender Investigator Network

I just found a great site out there for criminal defense attorneys. (Ok, I found it because they link to my blog - thanks guys!)

It's the Public Defender Investigator Network

This site is one of the best I've seen for criminal defense information. It has tons of links to job openings in public defender offices throughout the country and links to just about everything else criminal defense related, with a great emphasis on death penalty information. For those who are smart enough to contact the public defenders office in jurisdictions that we've never practiced in, there is contact information to just about every office in the country.

The best part of the site is their new on-line store. Great t-shirts and other clothes and coffee mugs. The sale of all items goes to support this great site.

So take a look, read the link to "Being Poor" and don't be cheap - buy something before you leave.

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 click the link: http://www.tannebaumweiss.com

The Great Sentencing Debate

Fellow blogger David O. Markus has a great debate going on his highly acclaimed Southern District of Florida Blog on the issue of who should control a defendant's sentence.

Recently, a federal judge here in Miami announced at a defendant's sentencing that he was considering a sentence higher than agreed to by the prosecutor and defense attorney. Although all those who practice in federal court know that judges are the final word on sentencing, (state court judges have this discretion also, but almost always rely on the agreement between the prosecutor and defense) this particular pronouncement in this case has caused quite a buzz.

To join in the debate, go to sdfla.blogspot.com

Guardians For ALL Children in ALL Courts

After a presentation on indigent defense the other day, a former President of The Florida Bar followed me outside to express his passionate concern about the lack of guardians for children who are tried as adults in criminal court.

I stood in amazement that a member of the civil trial bar went on and on about his concern over treating kids fair in criminal court.

I am a guardian to Michael Hernandez a child who is being tried as an adult. Another child in Miami, accused of killing his sister, was appointed a guardian. I testified in that proceeding, while the state argued against the appointment. They also objected to my appointment. Now a judge in Palm Beach is considering the appointment of a guardian in a case where a child is being tried as an adult.

What does your state do? Do we need a law in Florida making it mandatory for the court to consider the appointment of a guardian in cases where kids are tried as adults?

Love to hear from you.

Federal Prosecutors Protect OJ, But Not Criminal Defense Lawyers

Two prominent lawyers in Miami are under investigation by the Justice Department in relation to the legality of fees they received from a now convicted drug dealer.

We know this because a federal prosecutor disclosed the investigation of the two lawyers. I know these two lawyers. They are not just great lawyers, they are thorough lawyers, and pillars of the community. They did nothing wrong.

I didn't even want to write about this because I am disgusted at yet another investigation of South Florida Criminal Defense Lawyers. Sickened.

But I found something, and now I am more sickened by the deliberate and mean-spirited leak of the investigation.

The US Attorney's Office in Miami, the same office commenting on this investigation, had this position on a possible investigation of OJ Simpson in 2002 according to an article in the Toledo Blade:

The U.S. attorney's office in Miami refuses to comment. "We just don't confirm investigations," said Barry Sabin, the chief assistant U.S. attorney in Miami.

Barry's gone, seems like the professionalism went with him.

Prosecutor Alito

Confirmation hearings for Judge Samuel Alito began yesterday. The word "abortion" came up I think 487 times. I lost count.

Before Samuel Alito was Judge Samuel Alito, he was a prosecutor, rising to the politically appointed level of United States Attorney.

Here's the word on his criminal bent:

From US News & World Report:

Alito's conservative stripes are equally evident in criminal law. Lawrence Lustberg, a New Jersey criminal defense lawyer who has known Alito since 1981 and tried cases before him on the Third Circuit, describes him as "an activist conservatist judge" who is tough on crime and narrowly construes prisoners' and criminals' rights. "He's very prosecutorial from the bench. He has looked to be creative in his conservatism, which is, I think, as much a Rehnquist as a Scalia trait," Lustberg says.

But check out Newsday:

In Samuel Alito's first year as U.S. attorney for New Jersey in 1987, the number of defendants his office prosecuted plunged 30 percent from the year before, with the biggest drop coming in drug cases, an analysis of federal criminal justice data shows.

By the way, he will be confirmed.

Jack Abramoff Jack Abramoff Jack Abramoff

Memories of OJ are coming back.

Every day - "What do you think about OJ?"

Now?

Same question, except about Jack Abramoff.

Here's what I think.

The fallout will be like a semi-dud firework. It will go up in the air, flash slightly, and fizzle to the ground.

Why?

Proving the quid-pro-quo will be difficult.

I predict about 3-4 indictments from Abramoff's cooperation. Maybe a resignation or 2.

But this thought that there will be massive fallout?

Nope.

For a good read on the rise and fall of Jack Abramoff, check out this Washington Post Article.

ABC's "In Justice" Guilty Of Some Truth

Bronx Public Defender David Feige, whose book about the criminal justice system, "Indefensible," will be published in June, beat me to a great piece about ABC's new show "In Justice." David's piece appears in the New York Times.

The show premiers Friday, January 6, but ran this past Sunday night. If you want to see it, don't wait.

It won't last.

Discussing the innocent is great for Starbucks and college campuses, but the general American public thrives on guilt. To them, the innocent is like walking by a dumpster behind a great restaurant.

David writes about our fascination with "Law & Order," (both the show, and the concept) and that the only other show that came close to portraying the truth about the defense side was David E. Kelley's "The Practice."

He's correct. The number one question I get at a cocktail party, besides how I do what I do, is "do you watch Law & Order?" I say "no," "The Practice (now off the air) is more realistic.

David makes a perfect assessment of television today. He says "Police dramas have moved from a presumption of innocence to a certainty about guilt. And as goes television, so goes America."

He keenly observes about "Law & Order" type shows, that "both on our televisions and in our courthouses, the focus of the criminal justice system became ensuring not the freedom of the innocent but the incarceration of the guilty."

Yup.

So watch, before an angry America writes ABC asking "where are the guilty people?"

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 click the link: http://www.tannebaumweiss.com

The White House Official Statement On Criminal Defense Attorneys

Those who have not had too much egg nog this holiday season may know that there is a big to do about the National Security Administration (NSA) spying on phone calls between domestic and foreign locations, without warrants.

While many are debating the legality of this practice, some defense attorneys, including Kenneth Swartz (of my own backyard) want to know if the NSA was spying on their clients.

Today, The White House announced their official position on the questions being raised by criminal defense lawyers:

From The Miami Herald:

White House spokesman Trent Duffy said Wednesday that the administration would not comment on pending cases. "I don't think it should serve as any surprise that defense attorneys are looking for ways to represent their clients," he said. "That's what defense attorneys do."

Meaning what, Mr. Duffy?

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 click the link: http://www.tannebaumweiss.com/our_lawyers.php

Merry Christmas To The Public Defenders

The maximum penalty for contempt almost anywhere, including Dallas, Texas, is 6 months in jail. Walter Mann, spent an extra 9, for a total of 15, by mistake.

He was never convicted of contempt, never even had a hearing, never saw a lawyer. He just sat, until his cellmate told an attorney about Mann.

Mann, oh man! What a disgrace.

The last 9-month mistake I heard about was an unplanned pregnancy.

You can read the story from cnn.com here

Walter Mann Sr., 69, was released the week before Christmas.

Why was he in jail? Mann's son was arrested in 2002 for assaulting him, and Mann was ordered to pay $50 per month for his son's housing.

Mann refused.

Prosecutors got an order to have Mann held in contempt, and the judge put Mann in jail pending a contempt hearing.

The court docket shows that the contempt order was lifted in October of '04. But the sheriff "didn't get the memo."

Mann, asked by his cellmate why he didn't want to make some calls to get out of jail said "Nah, I don't want to bother them with anything."

Mann's cellmate told his own lawyer, public defender Shoshana Paige, who had Mann released the same day.

Paige said: "This one seems to be pretty egregious."

Paige also wanted to say: "Twas the night before Christmas, and all through the can, many inmates were stirring, but not Walter Mann.

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 click the link: http://www.tannebaumweiss.com/our_lawyers.php

Confession of a Criminal Blogger

The always-on-top-of-things DRUDGE REPORT picks up a story from the AP that a teenager has plead guilty to manslaughter after it was discovered he confessed - on his blog. The story is here

This 18 year old genius was a passenger who pulled on the steering wheel, causing a fatal crash.

He plead guilty to DUI manslaughter after prosecutors discovered a confession on his online blog.

His next blog post will not be until 2011, when he gets out of prison.

Not realizing that the blog/client communication is unlike the attorney/client communication, i.e., not privileged, and obviously thinking his on-line blog was not so popular among the prosecutors of the world, now convicted-by-his-own-keyboard Blake Ranking wrote "I did it" on his blog three days after the crash that killed his friend.

According to the article, "he had previously told investigators he remembered nothing of the crash and little of its aftermath. He should have gone to his blog to refresh his memory, or done a Google search, by typing "Blake Ranking confession I did it."

Ranking got specific: "It was me who caused it. I turned the wheel. I turned the wheel that sent us off the road, into the concrete drain ..."

Ranking later retracted his words, deleting them from the blog and penning an explanation. "People say I 'contradict' myself since I 'already admitting pulling the wheel.' I didn't 'ADMIT' anything. I went on a guilt trip, and I posted the story that I WAS TOLD . . . Nicole told me I pulled the wheel, I believed her," he wrote.

There is a lesson here, but I'll keep that to myself.

You never know who's reading, you know.

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 click the link: http://www.tannebaumweiss.com/our_lawyers.php

Big Brother Bush: "Listen, Do You Want To Know A Secret?"

The New York Times reports that President Bush secretly lifted some limits on spying in the United States after 9/11 by secretly authorizing the National Security Agency (NSA) to eavesdrop on Americans and others inside the United States to search for evidence of terrorist activity without the court-approved warrants ordinarily required for domestic spying.

The story appears in the New York Times here

The President apparently signed an order in 2002 allowing the NSA to monitor the international telephone calls and international e-mail messages of people inside the United States without warrants (pesky little things they are)

The reason?

To track possible "dirty numbers" linked to Al Qaeda.

So listen to this! - According to the Times: "Some officials familiar with the continuing operation have questioned whether the surveillance has stretched, if not crossed, constitutional limits on legal searches.

Good question.

And this from the Times: "Nearly a dozen current and former officials, who were granted anonymity because of the classified nature of the program, discussed it with reporters for The New York Times because of their concerns about the operation's legality and oversight."

Water cooler conversation at NSA: "Hey, uh, Bob, you think this stuff's legal, chuckle, chuckle?"

The White House asked The New York Times not to publish this article, because "it could jeopardize continuing investigations and alert would-be terrorists that they might be under scrutiny."

Here's the funny part of the article - you can read the rest for yourself:

"It is not clear how much the members of Congress were told about the presidential order and the eavesdropping program. Some of them declined to comment about the matter, while others did not return phone calls.

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 click the link: http://www.tannebaumweiss.com/our_lawyers.php

Florida Governor Bush Says "Sorry" To Innocent Man

Wilton Dedge, once a convicted felon who served 22 years in prison, is today a millionaire, twice over.

He could give a crap.

He was innocent. The Florida Legislature honored his wrongful conviction by writing him a check for 2 million dollars, and today he received a personal visit from Florida Governor Jeb Bush, with an apology. The story is here

He still wants an apology from the prosecutors who convicted him, and publicly stated that although the Governor apologized, it wasn't his fault.

The Governor knew that, and he also knew he didn't have to apologize personally. in writing, or at all.

But this conservative republican governor who is no fan of criminal defendants, and routinely signs bills making sentences tougher and prosecutors jobs easier, believed he, as the steward of the State of Florida, should personally apologize.

Nice Going Jeb.

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 click the link: http://www.tannebaumweiss.com/our_lawyers.php

Pardon Me? - Prosecutors Use DNA To Seek "Absolute Pardon"

It's the same old story. Defendant convicted. Defendant proclaims innocence. Cops say right guy. Prosecutors say right guy. DNA says wrong guy. Prosecutors stammer. Cops say still right guy. Motions filed. Prosecutors seek plea to lesser charge and immediate release. Defendant takes plea to avoid prolonged trial.

Or, what happened in Virginia today.

Prosecutors, in the face of DNA clearing 2 wrongly convicted men of rape, sought an "absolute pardon" of both men according to the story here at cnn.com.

They've already served their time, but I trust their lives will be a bit better with the world knowing they served time for nothing.

I wonder how they were convicted? Probably "rock solid" eyewitness testimony.

I have no knowledge of whether Stanley "Tookie" Williams was actually innocent or guilty, but he did say something just prior to his execution that is pertinent to this story.

When asked why he wouldn't apologize for the crimes which he was convicted, he said that a conviction by a jury does not equal guilt.

But I guess if you believe a conviction means guilt, than you believe an acquittal means innocence.

Right?


Right?

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 click the link: http://www.tannebaumweiss.com/our_lawyers.php

The Terminator "Agonizes" Over Tookie

Stanley "Tookie" Williams will not be granted clemency. He will die for the crimes for which he has been convicted.

On any Vegas sports book, that's where my money goes - all if it, in fact.

According to myway.com Actor and California Governor Arnold Schwarzenegger said he is "agonizing" over the decision.

That makes me feel good, really.

No one, not even if a fan of the death penalty, should take lightly the power of deciding whether someone lives or dies.

He could have said nothing, or some legal-ese type statement like that he was "reviewing the case and will make the appropriate decision." Instead, he expressed the raw pain of this decision - that while simple to the "eye-for-an-eye crowd," is of epic proportion.

In the end though, even with a strong liberal base in California, Schwarzenegger will decline to grant clemency.

If he does grant clemency, it will be a bold move for a conservative politician. If he doesn't, well, at least he handled it with great debate, something not left to your average girly man.

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 click the link: http://www.tannebaumweiss.com/our_lawyers.php

Tom DeLay's Christmas - "Later On, We'll Conspire"

Right of the right-wing Congressman Tom DeLay......had a criminal defense lawyer get him off on a technicality. Fox News has the story here

The conspiracy statute that DeLay was charged under, didn't cover the criminal activity he is alleged to have committed.

Not that he didn't conspire to violate the Texas election law, that the "Conspiracy to Violate Texas Election Law" Statute covers criminal activity occurring after December 2003, after DeLay's alleged behavior.

The prosecutor argued that the laws against conspiracy were on the books, so it didn't matter that the more specific "Conspiracy to Violate Texas Election Law" Statute wasn't in place.

The judge said, "Bah, Humbug."

The judge was right. Delay got off because the law he was charged under did not prohibit what he did. Therefore, he shouldn't have been charged under that statute, and cannot be convicted under that statute.

It's what the public calls "getting off on a technicality."

It's what I call the correct application of the law.

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 click the link: http://www.tannebaumweiss.com/our_lawyers.php