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

Wednesday, November 29, 2006

Arrests in Martin Lee Anderson Killing

After criticism of a slow investigation, yesterday, 7 guards and a nurse were arrested in Florida for aggravated manslaughter against a child in the beating death of 14 year old Martin Lee Anderson.

One autopsy determined he was suffocated by ammonia capsules shoved up his nose.

"It feels like a brick has been lifted off me today," said Robert Anderson, the dead boy's father.

Gina Jones, the teen's mother, wiping tears from her eyes, said: "I'm finally getting justice for my baby."

Panama City, Florida is a conservative place where law and order prevails. Let's see what a jury does.

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, November 22, 2006

A Criminal Defense Lawyer's Thanksgiving

This Thanksgiving I am thankful for:

1. Families Against Minimum Mandatories (FAMM). A real organization, with real goals, and the most promise of achieving some of them.

2. Prosecutors who sincerely respect the role of the defense lawyer.

3. Prosecutors who don't sincerely respect the role of the defense lawyer and quit being a prosecutor to do insurance defense.

4. Judges who realize there is a whole world outside their courtroom. This world includes traffic, kids, vacations, clients waiting in the lobby, and trials that aren't ready to be trials, yet.

5. Cops who walk out of court after you cross-examine them and slap you on the back and say "good job."

6. Clients who appreciate, well, anything you do.

7. My kids, who don't see what I see everyday.

8. My wife, who loves what I do, because she loves me.

9. The fact that I do not have to advance an argument because "my supervisor" says so.

10. Any prosecutor who understands the gravity of their position.

11. Public Defenders

12. Public Defenders

13. Friendly clerks, bailiffs, and corrections officers.

14. Clients who have payment plans with their family, and pay you up front.

15. Any legislator, state or federal, who doesn't use the criminal statutes or sentencing guidelines as their focus for legislation, solely for the purpose of their re-election.

16. Anyone in government or the courts who believes we have gone WAYYYYYY overboard with minimum mandatory sentences, and is willing to do something about it, other than shake their head.

17. Defense lawyers who are in this business for something other than money.

18. Judges who exercise the independence they so covet.

19. Members of the public who think protecting the constitution is a noble profession even if they think the police "can search my house anytime, I've got nothing to hide."

20. Practicing the only law that really matters.

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

Happy Thanksgiving.

Wednesday, November 15, 2006

First Muslim In Congress Is A Criminal Defense Lawyer

Big buzz about the newest member of Congress from Minnesota being a Muslim.

He's also a criminal defense lawyer.

Read about Representative Keith Ellison.


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, November 10, 2006

Take That!

An accused rapist in India is getting slapped in the face 51 times as his "sentence." They can't prove the case because the woman is a deaf mute.

The story is here.

Tuesday, October 31, 2006

Not A Very Happy Halloween For This Lawyer

A lawyer in Maine has been arrested for, get this, "criminal threatening," for dressing up as Bin Laden and waving a fake gun.

Anyone looking for a client to represent in Maine?

You can read about it here

Monday, October 30, 2006

Rush Limbaugh Calls Duke Prosecutor Nigfong "Hack"


Rush Limbaugh, pictured at right of course, is angry, not at liberal left-wing democrats, or tax and spend republicans, but of all people - prosecutors!

On his radio show today (10/30) he blasts Mike Nifong, the elected district attorney prosecuting the Duke Lacrosse Players, for his statements in court last week that he has not yet interviewed the alleged victim.

Rush called Nifong a "hack prosecutor" and blamed him for ruining the lives of these players solely to protect his election.

Guess politics does make strange bedfellows.

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

Wednesday, October 18, 2006

Wesley Snipes Committing Tax Fraud, Helping Terrorists

Contrary to popular belief, we criminal defense lawyers support the war on terror. Seriously. We don't want bombs blowing up our buildings and airplanes, and killing our people.

But the problem is that our government has found a way to relate every crime known to man, to terrorism. As an example, we, the criminal defense bar, know that warrantless wiretapping can lead to the capture of terrorists and thwarting of terror plots, but it's also being used to aid in the war on drugs, which is part of the war on terror, of course. The sale of drugs aids terrorists.

The FBI defines terrorism as "the unlawful use of force or violence against persons or property to intimidate or coerce a government, the civilian population, or any segment thereof, in furtherance of political or social objectives.

What's also part of the war on terror - the sale of fake purses.

And then there's the Indictment of actor Wesley Snipes yesterday for tax fraud. (Review the tax return in issue) The U.S Attorney said this: Those who intentionally and unlawfully harass the IRS through deceit, trickery and fraud undermine the collection of revenue that is vital to every aspect of the operation of our government, including defense, the war on terror, health care, law enforcement and education,"

And so therin lies the rub, our government's attempt to define every single criminal act as aiding terrorism.

You see, the definition of terrorism is broad, and allows tactics used to find terrorists, to be used in our everyday enforcement of criminal 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 visit www.tannebaumweiss.com.

Friday, October 06, 2006

Keith Olbermann's Powerful Statement On Lying

A special comment about lying
Keith Olbermann on the difference between terrorists and critics
SPECIAL COMMENT
By Keith Olbermann
Anchor, 'Countdown'
MSNBC

While the leadership in Congress has self-destructed over the revelations of an unmatched, and unrelieved, march through a cesspool ...

While the leadership inside the White House has self-destructed over the revelations of a book with a glowing red cover ...

The president of the United States — unbowed, undeterred and unconnected to reality — has continued his extraordinary trek through our country rooting out the enemies of freedom: the Democrats.

Yesterday at a fundraiser for an Arizona congressman, Mr. Bush claimed, quote, “177 of the opposition party said, ‘You know, we don’t think we ought to be listening to the conversations of terrorists.’”

The hell they did.

One hundred seventy-seven Democrats opposed the president’s seizure of another part of the Constitution.

Not even the White House press office could actually name a single Democrat who had ever said the government shouldn’t be listening to the conversations of terrorists.

President Bush hears what he wants.

Tuesday, at another fundraiser in California, he had said, “Democrats take a law enforcement approach to terrorism. That means America will wait until we’re attacked again before we respond.”

Mr. Bush fabricated that, too.


And evidently he has begun to fancy himself as a mind reader.

“If you listen closely to some of the leaders of the Democratic Party,” the president said at another fundraiser Monday in Nevada, “it sounds like they think the best way to protect the American people is — wait until we’re attacked again.”

The president doesn’t just hear what he wants.

He hears things that only he can hear.

It defies belief that this president and his administration could continue to find new unexplored political gutters into which they could wallow.

Yet they do.

It is startling enough that such things could be said out loud by any president of this nation.

Rhetorically, it is about an inch short of Mr. Bush accusing Democratic leaders, Democrats, the majority of Americans who disagree with his policies of treason.

But it is the context that truly makes the head spin.

Just 25 days ago, on the fifth anniversary of the 9/11 attacks, this same man spoke to this nation and insisted, “We must put aside our differences and work together to meet the test that history has given us.”


Mr. Bush, this is a test you have already failed.

If your commitment to “put aside differences and work together” is replaced in the span of just three weeks by claiming your political opponents prefer to wait to see this country attacked again, and by spewing fabrications about what they’ve said, then the questions your critics need to be asking are no longer about your policies.

They are, instead, solemn and even terrible questions, about your fitness to fulfill the responsibilities of your office.

No Democrat, sir, has ever said anything approaching the suggestion that the best means of self-defense is to “wait until we’re attacked again.”

No critic, no commentator, no reluctant Republican in the Senate has ever said anything that any responsible person could even have exaggerated into the slander you spoke in Nevada on Monday night, nor the slander you spoke in California on Tuesday, nor the slander you spoke in Arizona on Wednesday ... nor whatever is next.

You have dishonored your party, sir; you have dishonored your supporters; you have dishonored yourself.

But tonight the stark question we must face is — why?

Why has the ferocity of your venom against the Democrats now exceeded the ferocity of your venom against the terrorists?

Why have you chosen to go down in history as the president who made things up?

In less than one month you have gone from a flawed call to unity to this clarion call to hatred of Americans, by Americans.

If this is not simply the most shameless example of the rhetoric of political hackery, then it would have to be the cry of a leader crumbling under the weight of his own lies.

We have, of course, survived all manner of political hackery, of every shape, size and party. We will have to suffer it, for as long as the Republic stands.

But the premise of a president who comes across as a compulsive liar is nothing less than terrifying.

A president who since 9/11 will not listen, is not listening — and thanks to Bob Woodward’s most recent account — evidently has never listened.

A president who since 9/11 so hates or fears other Americans that he accuses them of advocating deliberate inaction in the face of the enemy.

A president who since 9/11 has savaged the very freedoms he claims to be protecting from attack — attack by terrorists, or by Democrats, or by both — it is now impossible to find a consistent thread of logic as to who Mr. Bush believes the enemy is.

But if we know one thing for certain about Mr. Bush, it is this: This president — in his bullying of the Senate last month and in his slandering of the Democrats this month — has shown us that he believes whoever the enemies are, they are hiding themselves inside a dangerous cloak called the Constitution of the United States of America.


How often do we find priceless truth in the unlikeliest of places?

I tonight quote not Jefferson nor Voltaire, but Cigar Aficionado Magazine.

On Sept. 11th, 2003, the editor of that publication interviewed General Tommy Franks, at that point, just retired from his post as commander-in-chief of U.S. Central Command — of Cent-Com.

And amid his quaint defenses of the then-nagging absence of weapons of mass destruction in Iraq, or the continuing freedom of Osama bin Laden, General Franks said some of the most profound words of this generation.

He spoke of “the worst thing that can happen” to this country:

First, quoting, a “massive casualty-producing event somewhere in the Western World — it may be in the United States of America.”

Then, the general continued, “the Western World, the free world, loses what it cherishes most, and that is freedom and liberty we’ve seen for a couple of hundred years, in this grand experiment that we call democracy.”

It was this super-patriotic warrior’s fear that we would lose that most cherished liberty, because of another attack, one — again quoting General Franks — “that causes our population to question our own Constitution and to begin to militarize our country in order to avoid a repeat of another mass-casualty-producing event. Which, in fact, then begins to potentially unravel the fabric of our Constitution.”

And here we are, the fabric of our Constitution being unraveled, anyway.

Habeus corpus neutered; the rights of self-defense now as malleable and impermanent as clay; a president stifling all critics by every means available and, when he runs out of those, by simply lying about what they said or felt.

And all this, even without the dreaded attack.

General Franks, like all of us, loves this country, and believes not just in its values, but in its continuity.

He has been trained to look for threats to that continuity from without.

He has, perhaps been as naïve as the rest of us, in failing to keep close enough vigil on the threats to that continuity from within.

Secretary of State Rice first cannot remember urgent cautionary meetings with counterterrorism officials before 9/11. Then within hours of this lie, her spokesman confirms the meetings in question. Then she dismisses those meetings as nothing new — yet insists she wanted the same cautions expressed to Secretaries Ashcroft and Rumsfeld.

Mr. Rumsfeld, meantime, has been unable to accept the most logical and simple influence of the most noble and neutral of advisers. He and his employer insist they rely on the “generals in the field.” But dozens of those generals have now come forward to say how their words, their experiences, have been ignored.

And, of course, inherent in the Pentagon’s war-making functions is the regulation of presidential war lust.

Enacting that regulation should include everything up to symbolically wrestling the Chief Executive to the floor.

Yet—and it is Pentagon transcripts that now tell us this—evidently Mr. Rumsfeld’s strongest check on Mr. Bush’s ambitions, was to get somebody to excise the phrase “Mission Accomplished” out of the infamous Air Force Carrier speech of May 1st, 2003, even while the same empty words hung on a banner over the President’s shoulder.

And the vice president is a chilling figure, still unable, it seems, to accept the conclusions of his own party’s leaders in the Senate, that the foundations of his public position, are made out of sand.


There were no weapons of mass destruction in Iraq.

But he still says so.

There was no link between Saddam Hussein and al Qaida.

But he still says so.

And thus, gripping firmly these figments of his own imagination, Mr. Cheney lives on, in defiance, and spreads—around him and before him—darkness, like some contagion of fear.

They are never wrong, and they never regret -- admirable in a French torch singer, cataclysmic in an American leader.

Thus, the sickening attempt to blame the Foley scandal on the negligence of others or “the Clinton era”—even though the Foley scandal began before the Lewinsky scandal.

Thus, last month’s enraged attacks on this administration’s predecessors, about Osama bin Laden—a projection of their own negligence in the immediate months before 9/11.

Thus, the terrifying attempt to hamstring the fundament of our freedom—the Constitution—a triumph for al Qaida, for which the terrorists could not hope to achieve with a hundred 9/11’s.

And thus, worst of all perhaps, these newest lies by President Bush about Democrats choosing to await another attack and not listen to the conversations of terrorists.

It is the terror and the guilt within your own heart, Mr. Bush, that you redirect at others who simply wish for you to temper your certainty with counsel.

It is the failure and the incompetence within your own memory, Mr. Bush, that leads you to demonize those who might merely quote to you the pleadings of Oliver Cromwell: “I beseech you, in the bowels of Christ, think it possible you may be mistaken.”

It is not the Democrats whose inaction in the face of the enemy you fear, Sir.

It is your own—before 9/11 - and (and you alone know this), perhaps afterwards.

Mr. President, these new lies go to the heart of what it is that you truly wish to preserve.

It is not our freedom, nor our country—your actions against the Constitution give irrefutable proof of that.

You want to preserve a political party’s power. And obviously you’ll sell this country out, to do it.

These are lies about the Democrats -- piled atop lies about Iraq -- which were piled atop lies about your preparations for al Qaida.

To you, perhaps, they feel like the weight of a million centuries -- as crushing, as immovable.

They are not.

If you add more lies to them, you cannot free yourself, and us, from them.

But if you stop -- if you stop fabricating quotes, and building straw-men, and inspiring those around you to do the same -- you may yet liberate yourself and this nation.

Please, sir, do not throw this country’s principles away because your lies have made it such that you can no longer differentiate between the terrorists and the critics.

© 2006 MSNBC Interactive

Sunday, October 01, 2006

Friday, September 29, 2006

Instant Message from Republican Congressman Mark Foley: I Resign

From now resigned Republican Congressman Mark Foley's website:

"he has supported a host of measures to strengthen the ability of law enforcers to do their jobs. Many of the bills would allow law enforcers to clamp down on child abusers, drug dealers, rapists, slave traffickers, illegal aliens and Internet pirates"

Oops.

You can read about his resignation here

Sunday, September 17, 2006

Since 1972, Florida Has Never Executed A White Person for Killing a African American

A story in today's St. Pete Times reports that an ABA study on Florida's Death Penalty finds the need for "substantial reform to make it more fair and accurate"

According to the Times, the eight-member team assembled by the American Bar Association said in a 403-page report released today that the state should create a commission to study wrongful convictions and recommend methods to protect the innocent.

Florida leads the nation in exonerations, with 22 death row inmates released from prison since 1973.

According to the Times, the team took no stand for or against the death penalty but compared the state's procedures against 93 ABA standards and found Florida in compliance with only eight.

Members called for a new requirement of unanimous jury verdicts for death sentences, (author's note, this was the subject of a bill in Florida that failed this past legislative session) since Florida is the only state that allows a jury to decide by mere majority.

The report also recommended the state adopt standards ensuring a convicted person will have qualified attorneys who receive adequate payment during the appeals process; create statewide standards determining who can be charged with a capital crime; and establish new rules forbidding death sentences and executions of those with serious mental disabilities.

One of the team members says he "hopes the state takes the report's recommendations seriously and enacts changes so "innocent people are not put to death."

Not a bad idea.

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

Thursday, September 14, 2006

Conservative Media Hypocrisy and Nancy Grace


The buzz is that this woman who's kid went missing, shot herself after being grilled by Nancy Grace about whether she was the killer of her own child. The story is here.

Highly possible.

I've spoken before about Nancy Grace. ("Your Objection is Overruled") who I think does nothing more than irresponsibly play into the mob mentality of Americans who think the criminal justice system should operate without defense lawyers, and without a constitution.

But honestly, I'm not ready to blame her for this woman's suicide. Maybe after the interview the woman came to terms with the fact that she killed her kid. I don't know, and either does anyone else. The only two people who know are her, and her kid, and they're both dead.

My interest in this story is with the conservative media pundits who jumped on the "how dare she" bandwagon last night. Even Joe Scarborough, whom I happen to like, was talking about the story with the phrase "Nancy Disgrace?" on the screen.

What's the deal? Is even the conservative right tired of her espousing hate for the criminal justice system? I thought you guys all quietly loved her.

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, September 11, 2006

9/11




It's not even a date anymore, it's a historical term, like only one other date - July 4th.

The two of course have opposite meanings. One means freedom, and the other, reminds us how fragile our freedom has become.

Fragile, like the sand sculpture my daughters made for me on a recent vacation that was broken in two places by Homeland Security, looking for drugs in the name of terrorism. At least like the good citizen who hits a parked car, they left a note.

Everything is terrorism today, and anti-terrorism. Those fake purse round-ups, are now anti-terrorism efforts. All drug offenses, can be "traced to Bin Laden." ID Theft, terrorism. All financial crimes, fund terrorism.

I support strong anti-terrorism efforts, and I have no problem with searches at airports, or having to show my ID a bit more in this country, but I do wonder if we have our eye on the ball sometimes.

Take a look at this report by TRAC, that details the criminal terrorism enforcement efforts of the United States in the five years since 9/11.

Interesting Stuff.

Saturday, August 26, 2006

The Practice of Criminal Defense Law


I recently met with a majority of the Past Presidents of the Florida Association of Criminal Defense Lawyers (FACDL) where a discussion erupted about the "way things used to be," and the way they are now.

The "older" lawyers spoke of a time when criminal defense lawyers had no sentencing guidelines to argue over, there were a small number of criminal lawyers in the community in which they live, and criminal defense lawyers were more willing to fight for the rights of their clients, not so concerned about the "business" of practicing law.

Now, some say, the newer breed of criminal lawyers are less passionate about rights and the constitution, much less willing to "fight" the government whether it be in state or federal court, and are more concerned about paying overhead.

I see this.

I do not advertise, send out letters to people who get arrested offering my services, or walk in to court hoping to g-d I don't get "caught" in a trial. When I started on my own, I built my practice on referrals. It was difficult. My friends were doing "mailers" and getting clients at a nice clip.

I see many young lawyers practicing criminal law because they view it as "easy," and it can be a good "cash flow" type of practice, unlike Personal Injury. There is not a small group of criminal lawyers here in Miami, there are hundreds, and we eat our own when it comes to getting cases.

I'd love to hear your thoughts.


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, August 18, 2006

Ramsey Suspect "Had Me At Hello"


And then he kept talking. And talking. And talking.

Now, it appears that within several days the media may be announcing that John Mark Karr is nothing more than a publicity seeking psycho.

Check out a timeline of his life.

His ex-wife calls him a "threat," but also provides an alibi, saying she "was with her former husband in Alabama at the time of JonBenet's killing and she does not believe her former husband was involved in the homicide."

His confession doesn't match the basic facts of the case.

Big arrest.

Big announcement.

Big much to do about nothing, it appears. At least today.

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

Thursday, August 17, 2006

Patsy Ramsey Isn't Dead?

That was my first thought when I heard that they had a suspect in the killing of JonBenet Ramsey.

Patsy Ramsey killed JonBenet, right? Or was it her father John?

THE PARENTS DID IT!!!!!!!!!!!

Dead kid, no suspect, parents hire lawyer - THE PARENTS DID IT!!!!!!!!

Right, people? Right, media?

What do we say today?

I'm angry and thrilled all at the same time.

And I'm lucky today, because I'M a criminal defense lawyer. I get to say "TOLD YA SO!"

I think we all bow our hears in shame at the fact that we also learned through this story that the presumption of innocence, is dead.

Just like Patsy Ramsey, may she rest in peace, like no one else.

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, August 14, 2006

Hop On The Bus Gus

I'm a big fan of creative sentencing.

It allows judges to be judges, and can provide for a meaningful punishment that may change the behavior of the defendant.

In the latest idea to address teen traffic violators (which affect us all in insurance rates and safety) an Indiana judge is sentencing teen traffic violators to ride the school bus and not allowing their parents, under threat of contempt, to drive them to school.

Why does the judge think this works? Apparently the first teen he sentenced to ride the school bus, cried outside the courtroom.

Interesting. Any other ideas out there?

And I'm looking for creative ideas, not the typical "throw away the key" stuff.


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, August 02, 2006

Cuban Criminal Law

In the wake of Cuban Dictator Fidel Castro turning over his power to his 75 year-old younger brother Raul, I wondered what the criminal laws looked like on this island 90 miles south of Florida.

Check out Florida State University's Rule of Law and Cuba site for a comprehensive look at the dissidents and their sentences, the Cuban Constitution, and Sentencing Documents.

Here is a link to the Cuban Penal Code partially translated into English

It is so vague that reading this stuff may give you a headache.

All these web pages are in Spanish and can be translated into English by right clicking the mouse and clicking "Translate Page Into English."

Interesting stuff.

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

Thursday, July 13, 2006

State's Opening Statement - "His Name is Coors!"


We are just finding out that Pete Coors, President of Coors Beer, was arrested in May for suspicion of drunken driving.

The story is here

So who's got the best defense for, uh, Mr. Coors?

Wednesday, July 12, 2006

AGAIN - Another Innocent Man Freed By Innocence Project

YAHOO! News reports that a New York judge ordered the release of a man who served 22 years in prison after being wrongly convicted of rape, assault and robbery.

Alan Newton, now 44, is now free due to the work of the Innocence Project.

Read on their website about how he spent 12 years fighting for access to the evidence that would eventually exonerate him, and show that someone else committed the crime.

"I'm just glad to be home," Newton said.

I'm glad you're home too Mr. Newton.

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