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Thursday, June 29, 2006
Tuesday, June 27, 2006
Miami Heat's Udonis Haslem Meets Criminal Defense Blog Host
Dont know if he's a fan of the blog, but he was gracious enough to pause for this picture with me and some friends at this post-championship golf tournament.
Thursday, June 22, 2006
Duke Rape Case: Does The Truth Matter?
A couple weeks ago I was listening to The Abrams Report on MSNBC.
Dan Abrams had obtained the statement of Kim Roberts Pittman, a woman who was with the alleged victim the night of the alleged rape. The statement refuted the alleged victims allegations, and created serious questions about the credibility of this case.
When presented with Ms. Robert's statement, Florida Assistant State Attorney Pam Bondi, a frequent commentator on the show said the following:
"...in this case and probably what the prosecution has been doing is going, how can I present my case without calling Kim Pittman or Kim Roberts or whatever her name is."
Huh?
What?
The prosecutor in the case may be considering how to present the case without calling this witness?
Why?
Because it blows their case?
Is she telling the truth?
And does it matter to this prosecutor, if in fact he's thinking what is predicted by Ms. Bondi?
The full transcript of the show 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
Dan Abrams had obtained the statement of Kim Roberts Pittman, a woman who was with the alleged victim the night of the alleged rape. The statement refuted the alleged victims allegations, and created serious questions about the credibility of this case.
When presented with Ms. Robert's statement, Florida Assistant State Attorney Pam Bondi, a frequent commentator on the show said the following:
"...in this case and probably what the prosecution has been doing is going, how can I present my case without calling Kim Pittman or Kim Roberts or whatever her name is."
Huh?
What?
The prosecutor in the case may be considering how to present the case without calling this witness?
Why?
Because it blows their case?
Is she telling the truth?
And does it matter to this prosecutor, if in fact he's thinking what is predicted by Ms. Bondi?
The full transcript of the show 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
Wednesday, June 21, 2006
Tuesday, June 20, 2006
Prosecutor vs. Judge - Case Dismissed
According to the Columbus Dispatch, the judge dismissed the case against a man accused of raping a girl six years ago because the prosecutor was 45 minutes late to trial.
The story is that Judge Eileen Gallagher told the prosecutor to be in court at 1 p.m. and then dismissed the case when Prosecutor Mark Schneider had not shown up by 1:45 p.m.
The other side of the story is that earlier in the day, the prosecutor asked the judge to remove herself from the case, saying the judge said last year that she thought the accuser had credibility problems.
Sounds like a pissing match.
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
The story is that Judge Eileen Gallagher told the prosecutor to be in court at 1 p.m. and then dismissed the case when Prosecutor Mark Schneider had not shown up by 1:45 p.m.
The other side of the story is that earlier in the day, the prosecutor asked the judge to remove herself from the case, saying the judge said last year that she thought the accuser had credibility problems.
Sounds like a pissing match.
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
Monday, June 12, 2006
Drugs Drugs Drugs, Oh Uh , And, Murders Robberies and Rapes
Sitting in criminal court watching possession of cocaine case after possession of cocaine case, I heard a faint voice today: Violent crime is up.
You can read about it here
According to the FBI, violent crime in the U.S. posted its biggest one-year increase since 1991. AP reports that "nationally, murders rose 4.8 percent, meaning there were more than 16,900 victims in 2005. That would be the most since 1998 and the largest percentage increase in 15 years."
According to AP, "Some criminal justice experts said the statistics reflect the nation's complacency in fighting crime. Crime dropped dramatically during 1990s, and some cities have since abandoned effective programs that emphasized prevention, the putting of more cops on the street, and controls on the spread of guns."
Hmmmmm. Prevention? More cops? Gun Control?
Why do that when you can just build more prisons?
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
You can read about it here
According to the FBI, violent crime in the U.S. posted its biggest one-year increase since 1991. AP reports that "nationally, murders rose 4.8 percent, meaning there were more than 16,900 victims in 2005. That would be the most since 1998 and the largest percentage increase in 15 years."
According to AP, "Some criminal justice experts said the statistics reflect the nation's complacency in fighting crime. Crime dropped dramatically during 1990s, and some cities have since abandoned effective programs that emphasized prevention, the putting of more cops on the street, and controls on the spread of guns."
Hmmmmm. Prevention? More cops? Gun Control?
Why do that when you can just build more prisons?
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
Wednesday, June 07, 2006
Civil Lawyers Being.....Civil?
This order from the Middle District of Florida is flying around the internet today.
Criminal lawyers will laugh and shake their heads. For all the criticism we get, we just don't behave like this:
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
Case No. 6:05-cv-1430-Orl-31JGG
AVISTA MANAGEMENT, INC.,
d/b/a Avista Plex, Inc.,
Plaintiff,
-vs-
WAUSAU UNDERWRITERS INSURANCE
COMPANY,
Defendant.
______________________________________
ORDER
This matter comes before the Court on Plaintiff’s Motion to designate location of a Rule
30(b)(6) deposition (Doc. 105). Upon consideration of the Motion – the latest in a series of Gordian knots that the parties have been unable to untangle without enlisting the assistance of the federal courts – it is ORDERED that said Motion is DENIED. Instead, the Court will fashion a new form of alternative dispute resolution, to wit: at 4:00 P.M. on Friday, June 30, 2006, counsel shall convene at a neutral site agreeable to both parties. If counsel cannot agree on a neutral site, they shall meet on the front steps of the Sam M. Gibbons U.S. Courthouse, 801 North Florida Ave., Tampa, Florida 33602. Each lawyer shall be entitled to be accompanied by one paralegal who shall act as an attendant and witness. At that time and location, counsel shall engage in one (1) game of “rock, paper, scissors.” The winner of this engagement shall be entitled to select the location for the 30(b)(6) deposition to be held somewhere in Hillsborough County during the period July 11-12, 2006. If either party disputes the outcome of this engagement, an appeal may be filed and a hearing will be held at 8:30 A.M. on Friday, July 7, 2006 before the undersigned in Courtroom 3, George C. Young United States Courthouse and Federal Building, 80 North Hughey Avenue, Orlando, Florida 32801.
DONE and ORDERED in Chambers, Orlando, Florida on June 6, 2006.
GREGORY A. PRESNELL
United States District Judge
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
Criminal lawyers will laugh and shake their heads. For all the criticism we get, we just don't behave like this:
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
Case No. 6:05-cv-1430-Orl-31JGG
AVISTA MANAGEMENT, INC.,
d/b/a Avista Plex, Inc.,
Plaintiff,
-vs-
WAUSAU UNDERWRITERS INSURANCE
COMPANY,
Defendant.
______________________________________
ORDER
This matter comes before the Court on Plaintiff’s Motion to designate location of a Rule
30(b)(6) deposition (Doc. 105). Upon consideration of the Motion – the latest in a series of Gordian knots that the parties have been unable to untangle without enlisting the assistance of the federal courts – it is ORDERED that said Motion is DENIED. Instead, the Court will fashion a new form of alternative dispute resolution, to wit: at 4:00 P.M. on Friday, June 30, 2006, counsel shall convene at a neutral site agreeable to both parties. If counsel cannot agree on a neutral site, they shall meet on the front steps of the Sam M. Gibbons U.S. Courthouse, 801 North Florida Ave., Tampa, Florida 33602. Each lawyer shall be entitled to be accompanied by one paralegal who shall act as an attendant and witness. At that time and location, counsel shall engage in one (1) game of “rock, paper, scissors.” The winner of this engagement shall be entitled to select the location for the 30(b)(6) deposition to be held somewhere in Hillsborough County during the period July 11-12, 2006. If either party disputes the outcome of this engagement, an appeal may be filed and a hearing will be held at 8:30 A.M. on Friday, July 7, 2006 before the undersigned in Courtroom 3, George C. Young United States Courthouse and Federal Building, 80 North Hughey Avenue, Orlando, Florida 32801.
DONE and ORDERED in Chambers, Orlando, Florida on June 6, 2006.
GREGORY A. PRESNELL
United States District Judge
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
Tuesday, May 30, 2006
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.
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.
Sunday, May 21, 2006
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.
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.
Friday, May 19, 2006
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.
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.
Friday, April 28, 2006
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
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
Friday, April 14, 2006
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
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
Friday, April 07, 2006
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
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
Sunday, April 02, 2006
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
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
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
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
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.
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
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
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
Monday, February 27, 2006
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
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
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