Why Everyone Should Have A Fire Extinguisher

From the Sun Sentinel:

Miami-Dade man reports fire, arrested when officials find pot lab in home

A man who reported a fire at his Miami-Dade home was arrested Monday when emergency officials discovered a marijuana hydroponics lab, authorities said.

Roy Diaz, 31, reported the fire about 6:45 a.m. in the house he shared with his wife and child in the 26000 block of Southwest 192nd Avenue, said Detective Nelda Fonticiella, spokesman for the Miami-Dade Police Department.

Firefighters quickly put out the flames and discovered 53 mature marijuana plants worth about $400,000.

Diaz was treated for smoke inhalation and then arrested on charges of trafficking in marijuana, grand theft of electrical power and child endangerment. Authorities have not determined the cause of the fire.



But I'm sure it smelled funny.

Is Jail Always The Answer?

CNN.com reports that jail and prison populations rose 2.6 percent last year.

The Sentencing Project, an advocacy group, reports that the U.S. incarceration rate in 2004 was the highest in the world, at 724 per 100,000 population. Second was Russia, at 532 per 100,000.

From the story: "More than 1,000 inmates were added to the nation's prisons and jails each week from June 2004 to June 2005, according to a report issued Sunday by the U.S. Department of Justice.

Two-thirds of the nearly 2.2 million total inmates were in state or federal prisons, and the rest were in local jails.

Other statistics released in the report include:

The population in federal prisons rose nearly 3 percent, to 184,484 inmates, in the 12-month period;

In the past 10 years, the nation's prison and jail population has risen by more than 600,000;

The increase of 33,539 jail inmates over the 12-month period was the largest increase since 1997;

At mid-year 2005, nearly 60 percent of offenders in local jails were racial or ethnic minorities, a statistic that has not changed in the past decade;

At mid-year 2005, nearly 4.7 percent of black men, nearly 2 percent of Hispanic men, and 0.7 percent of white men nationwide were in a prison or jail.

Female inmates represent about 13 percent of the jail population, a 2.5 percent increase over the past decade;

So where are we going?

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.

Couple Arrested For Asking For Directions

What can I say?

BALTIMORE -- Baltimore City police arrested a Virginia couple over the weekend after they asked an officer for directions.

WBAL-TV 11 News I-Team reporter David Collins said Joshua Kelly and Llara Brook, of Chantilly, Va., got lost leaving an Orioles game on Saturday. Collins reported a city officer arrested them for trespassing on a public street while they were asking for directions .

"In jail for eight hours -- sleeping on a concrete floor next to a toilet," Kelly said.

"It was a nightmare," Brook said. "I was in there thinking I was just dreaming and waiting to wake up."


Collins reported it was a nightmare ending to a nearly perfect day. He said the couple went to a company picnic and watched the Orioles beat Kansas City. It was their first trip to Camden Yards and asked two people for directions to Interstate 95 South when they left.

Collins said somehow they ended up in the Cherry Hill section of south Baltimore. Hopelessly lost, relief melted away concerns after they spotted a police vehicle.

"I said, 'Thank goodness, could you please get us to 95?" Kelly said.

"The first thing that she said to us was no -- you just ran that stop sign, pull over," Brook said. "It wasn't a big deal. We'll pay the stop sign violation, but can we have directions?"

"What she said was 'You found your own way in here, you can find your own way out.'" Kelly said.

Collins said the couple spotted another police vehicle and flagged that officer down for directions. But Officer Natalie Preston, a six-year veteran of the force, intervened.

"That really threw us for a loop when she stepped in between our cars," Kelly said. "(She) said my partner is not going to step in front of me and tell you directions if I'm not."

Collins reported the circumstances got worse. Kelly pulled 40 feet forward parking next to a curb and put his flashers on while Brook was on the phone to her father hoping he could help her with directions. Both her parents are police officers in the Harrisburg, Pa., area.

"(Brook's father) was in the middle of giving us directions when the officer screeched up behind us and got out of the car and asked me to step out. I obeyed," Kelly said. "I obeyed everything -- stepped out of the car, put my hands behind my back, and the next thing I know, I was getting arrested for trespassing."

"By this time, I was completely in tears," Brook said. "I said, 'Ma'am, you know, we just need your help. We are not trying to cause you any trouble. I'm not leaving him here.' What she did was walk over to my side of the car and said, 'Ok, we are taking you downtown, too.'"

Collins said the couple was released from jail without being charged with anything. Brook is now concerned the arrest may complicate a criminal background check she's going through in her job as a child care worker.

Collins said police left Kelly's car unlocked and the windows down at the impound lot. He reported a cell phone charger, pair of sunglasses and 20 CDs were stolen.

Baltimore City police said they are looking into the incident.

Duke Rape Case - Who's On Trial? EVERYONE.

Rape cases have become a lightening rod for victims rights advocates and defense lawyers alike. Because they are often a "he said-she said" fight, the question is - who's on trial?

Defense lawyers say that the credibility of the victim is essential and therefore everything about the victim's character should be admitted into evidence for the jury to decide whether the truth proves guilt. Victim's rights advocates and prosecutors want to limit "bad character" evidence because, frankly, it can be pretty damaging.

Like this little piece of news: The accuser in the Duke rape case, filed the same charges 10 years ago against others. The link is here.

In order for the jury to discover the truth, they need to know this.

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

Duke Rape Case - The Circus Has Come To Durham

The now public three-ring-circus, former serious rape investigation against players from the Duke Lacrosse Team, is a lesson in, well, just a lot of things not to do.

For example, when defense attorneys like myself are exclaiming my client's innocence, you, Mr. District Attorney, Mr. Mike Nifong up-for-election-in-a-tough-race-for-your-job, should not be saying anything until......let's say the DNA results come back and you've heard all the police dispatch tapes from the night of the alleged incident.

DNA in this case? (hear the Jeopardy buzzer that sounds when time is up.) "Sorry Mike, the answer is "what is - it doesn't exist? Thanks for playing.

And we're learning so much more. There's a nice op-ed piece on Yahoo! News about the unraveling of the whole case. Sports Illustrated.com also has a story about all the inconsistent pieces of evidence now being brought to light.

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

President Bush Should Remember Wilford Brimley's Comment On Leaks

In the 1981 movie Absence of Malice, starring Paul Newman and Sally Field, Wilford Brimley plays a United States Attorney investigating the disclosure of a criminal investigation that was published in the fictional "Miami Standard" newspaper.

When Brimley is told that the disclosure was a "leak," he responds in classic Brimley form: "A leak? You call what's going on here a leak? Last time we had a leak like this, Noah built himself a boat."

Over at the White House now there appears to be another leak. The story has only begun. Today the news via Reuters is that the White House is not denying that the President authorized Lewis "Scooter" Libby to disclose intelligence on Iraq in 2003.

If American Idol was not down to the final 8 contestants, this story would be a lot bigger.

Someone would actually be questioning whether the behavior of the President was criminal.

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

Immigration Is The New Abortion

No, I don't mean that ending a pregnancy under the question of when does life begin is the same as debating whether to allow illegal aliens to stay in the United States, but I do believe that the debate is equally dividing the country.

And the solution is the same - there is none.

Congress has an idea though - House Resolution 4437 would make it a felony to be in the country illegally or to help an undocumented person stay here.

That's what the government does when they have a problem - make it a crime to be part of the problem, or to assist in the problem. Congress' solution is short term, criminalize the issue.

There is another solution, but it is as complicated as the debate. The solution is to tighten our borders, and figure out a way to deal with the people who are already here. America needs to continue to have open arms, but as we frequently say, "I only have two hands." We can't handle all these people. We just can't.

Time Magazine devotes it's cover story this week to what they refer to as the "Immigration Divide"

But the world watching us kick out millions of illegal aliens is not good press, or a good practice.

Neither is finding another reason to put people in prison. Isn't there ever another solution?

You have one, or two?

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

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

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.

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.

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

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

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.