Unspeakable

Glen Beck's Importance To The Duke Rape Case

So this is the criminal defense blog, and today because one of the biggest embarrassments in the criminal justice system ended, I guess I'm supposed to say something about it.

But I want to talk about Glen Beck, because besides the important statements of the North Carolina Attorney General, the officials at Duke University, and the former defendants, Glen Beck asked some important questions this morning on his radio show.

He passionately and repeatedly asked why the civil rights leaders of America are not more vocal about what happened to these students.

I laughed, and no Glen, I wasn't laughing at you, I was laughing at the notion that people really care enough about what happened today to do anything.

With the advent of DNA, innocent people are exonerated more and more, yet where is the outrage? There is some, but it is insignificant.

Today, we are all about Law and Order, both on and off TV.

I recently came back from a trip with my kids to Colonial Williamsburg. You know what the longest line was for? The restaurants? The re-enactments of battles and other historical meetings? The demonstration of how they made chocolate? No, the longest line was for the trial in the courthouse.

As a criminal lawyer, everywhere I go I am asked about whether I watch "Law and Order." Why is there so much excitement over Fred Thompson running for President? Is it that he's a strong leader, smart on policy issues? No, he's on "Law and Order."

We are all about Law and Order. Glen Beck, you know that it is the media pundits like Nancy Grace and others that have "taught" us that the Constitutional Presumption of Innocence is for the courtroom only. Not for the general public when watching TV, or out socializing. Many a time I have heard media pundits say "I don't have to presume him innocent."

We savor the downfall of people in this country. We are told that "guilty" means guilty and "not guilty" does not mean innocent.

We in America have no interest in the innocent, only the guilty. When someone is arrested, it is front page news, most of the time when exonerated, except in the Duke or other high profile cases, it is on the back page, if it is published at all.

You watch Glen, there will be people that will profess the guilt of these poor destroyed boys regardless of what happened today. Some in the media, who are the only "teachers" of law that some people have, will create an atmosphere that will allow a great deal of people to say "well, I still think they're guilty."

There is little respect for the criminal justice system in our country anymore. TV has taught us to believe that everyone's guilty and they are guilty in an hour.

I think I heard you Glen crying out for those who should scream at the top of their lungs about this case as an example of the horrors of injustice.

I'm listening, but I don't hear much.

Will Sanjaya win American Idol?








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

Florida Governor Crist Keeps Commitment to Automatic Restoration of Civil Rights, Angers Conservatives

A few years ago, when the Florida Legislature was considering the abololition of the "withhold of adjudication" (a rareity in criminal justice, much like non-unanimous death verdicts that we have in Florida), then Attorney General Crist told me "that's ridiculous, everyone deserves a second chance."

I thought that to be a bold statement for a republican, tough on crime being part of the mantra. At the same event, another republican responded to me when I brought up faults in the death penalty system which have caused innocent people to be put on death row, "I think the problem is all these appeals they get."

This week Florida adopted the policy of automatic restoration of civil rights for all felons, except for criminals who have committed murder, manslaughter, DUI manslaughter, sexual battery, lewd and lascivious crimes, child abuse, treason and terrorism.

And man, are the conservatives mad. Wonder if it has anything to do with the fact that these restored felons may not vote for those who spent the last many years instituting draconian sentencing schemes.

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 Criminal Defense Lawyer Goes On Vacation

I know, the headline makes the defense bar laugh.

No, not a long weekend, leaving on a Thursday afternoon, hoping to G-d that the world doesn't explode on Friday, I'm talking about a real, 10 day vacation.

Yep.

But what if a new case comes in? They can hire someone else.

What if it's a big case? They'll wait.

What about the clients? They're getting a letter or e-mail explaining that their lawyer is going on vacation, from them, and their case. They should take one too.

So to the county court prosecutor that objected to my request for a continuance on a DUI case I say, well nothing yet, the case is still pending. To the federal prosecutor that agreed to my continuance on a trafficking in heroin case where there is a 5-year minimum mandatory sentence, and to the federal judge who granted it without a hearing, I say thank you.

To all my brethren out there, I say, buy some tickets, rent a car, get the hell out of town for a while.

Why not?

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

How About A Fired US Attorney As A Replacement for Gonzales?

Mike Allen over at The Politico reports the following possible replacements when Gonzales resigns:

Homeland Security Secretary Michael Chertoff
White House anti-terrorism coordinator Frances Townsend.
Former Deputy Attorney General Larry Thompson
Former Solicitor General Theodore B. Olson

WHAT?

Does this administration have any other thoughts but to replace people with former and current administration......people?


I say replace him with one of the fired US Attorneys.

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

Cops and Criminal Defense Lawyers

The relationship between cops and criminal defense lawyers has always intrigued me.

We all know those friendly cops, who respect what we do, and actually appreciate what we do. There's the ones who see us in the halls and say hello, or slap us on the back and say "good job" after we've cross examined them. And there's the ones who tell us our clients were cooperative at the scene and that they will tell the prosecutor that and recommend a light sentence or reduced charges. When they find themselves on our side of the law, either under investigation, or arrest, they seek out the best of us.


Then there's the one a few years ago who wouldn't take my card because "he doesn't like to have cards of criminal defense lawyers," and the ones who show up for hearings angry at us (even though the prosecutor filed the case) for them having to actually testify to what they did during the investigation or arrest.

And recently, I've heard more and more about cops filing bar complaints against defense lawyers.

I'd like to hear some examples of this, from cops and defense lawyers, and I'd like to hear about any instance of a cop filing a bar complaint, against a prosecutor.


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

Abuse of the Patriot Act? How Shocking.......

FBI Criticized for Patriot Act Use

By LARA JAKES JORDAN

WASHINGTON (AP) - A blistering Justice Department report accuses the FBI of underreporting its use of the Patriot Act to force businesses to turn over customer information in terrorism cases, according to officials familiar with its findings.

The report, to be released Friday, also says the FBI failed to send follow-up subpoenas to telecommunications firms that were told to expect them, according to several government officials who spoke on condition of anonymity because the report by the Justice Department's inspector general had not yet been released.

Overall, the FBI underreported the number of national security letters it issued by about 20 percent between 2003 and 2005, the officials said. In 2005 alone, the FBI delivered a total of 9,254 letters relating to 3,501 U.S. citizens and legal residents.

It was unclear late Thursday whether the omissions could be considered a criminal offense. One government official familiar with the report said that it concluded that the problems appeared to be unintentional and that FBI agents would probably face administrative sanctions instead of an indictment.

Read more here

And...

Frequent Errors In FBI's Secret Records Requests

By John Solomon and Barton Gellman
Washington Post Staff Writers
Friday, March 9, 2007; A01

A Justice Department investigation has found pervasive errors in the FBI's use of its power to secretly demand telephone, e-mail and financial records in national security cases, officials with access to the report said yesterday.

The inspector general's audit found 22 possible breaches of internal FBI and Justice Department regulations -- some of which were potential violations of law -- in a sampling of 293 "national security letters." The letters were used by the FBI to obtain the personal records of U.S. residents or visitors between 2003 and 2005. The FBI identified 26 potential violations in other cases.

Officials said they could not be sure of the scope of the violations but suggested they could be more widespread, though not deliberate. In nearly a quarter of the case files Inspector General Glenn A. Fine reviewed, he found previously unreported potential violations.

Read more 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

To Support (Lie) Protect (Lie) and Defend (Lie) The Constitution

In this month's Champion Magazine, NACDL President Marty Pinales takes to task politicians that used political ads in the last election to attack criminal defense lawyer candidates who have represented defendants in criminal cases.

Here's some examples of ads attacking criminal defense lawyers from the article:

Criticizism of public defender Connie Pillich for “representing criminals.” As Pinales astutely notes: "That was her job — advocating for defendants who did not have enough money for a lawyer. It is imperative that our justice system protects the poor, little-known defendant just as aggressively as it protects the powerful and the celebrated. This race included fliers that incumbent Jim Raussen refused to denounce, sent out by a political party that stated that Pillich “defends the worst of the worst.” The fliers showed a set of handcuffs latched around a cell phone bearing the words “Just call Connie.”

Attack ads of Ohio attorney general candidate Betty Montgomery stating that her opponent, state Sen. Marc Dann, was not qualified for the job because he had defended child molesters. The ad showed an actor, who looked like Dann, sitting in a courtroom with his arm around a tattooed prisoner. Ohioans elected Dann anyway as Ohio’s new attorney general."

In Massachusetts' gubernatorial race,attack ads criticized lawyer-candidate Deval Patrick, who defeated Lt. Gov. Kerry Healey. Healey said that Patrick was “soft on crime” because he once represented a criminal seeking parole. When the issue surfaced during a debate between the candidates, Patrick said, “I have on occasion represented the unsavory defendant. And you better be glad somebody does because that’s what puts the justice in the justice system. I don’t apologize for that.”

As Pinales summarizes in this article of great quotes from him about justice:

"Lawyers do not always choose their clients. But the type of client a lawyer represents should not determine the lawyer’s suitability for public office. Negative attack ads that imply criminal defense lawyers have the same ethics and morals as convicted criminals strike low blows that denigrate the constitutional right to counsel.

And here's a call to arms from President Pinales:

"In 2007, it is our duty, as members of NACDL and the criminal defense bar, to speak out against candidates that resort to attacking an opponent’s character because he or she has represented people accused of a crime. We should also urge our states’ campaign ethics committees to set standards regulating attack ads against attorneys doing their jobs as criminal defense advocates."

I just want to know how these people can swear under oath to "support, protect, and defend the Constitution, while knowing they've already broken that vow.



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

Astro nut?

Talk about cyberspace!

This story surely took off (chuckle chuckle). I trust Ms. Nowack didnt understand the gravity (get it? "gravity") of her actions. Either she was spaced out, on another planet (I'm going to keep going with this for a while I think), or a bit flighty. (I'll be here all week,don't forget to tip the waitresses.)

The bottom line is that "Houston, (I mean Orlando), we have a problem."

Apparently, in a statement, the target of her affection said:

"I think it's gonna be a long long time, till touch down brings me round again to find, I'm not the man they think i am at home,oh no no no, I'm a rocket man."

I also understand that what made her so upset was when she was told:

"Mars ain't the kind of place to raise your kids,
in fact it's cold as hell.
And there's no one there to raise them if you did.

By the way, there is no truth to the rumor that the car she used to drive to Orlando from Houston was a Saturn.

Jail: The final frontier? Dont think so. This case will end quietly with a settlement including counseling and an apology.

As her career as an astronaut is probably over, I trust her bond was given as a result of a finding that she is not a flight risk (ba-dum-bump).

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

Hints You're Not Getting Hired As Criminal Defense Counsel

After practicing in this world of criminal defense for over a decade, I know the typical clues that indicate you are not getting the case. You know them - potential client calls and the first question begins with "how much do you charge," or the client comes to your office and says "money's not a problem (translation: broke).

Here's some new hints and tips I've developed recently:

[1] Never quote a fee on a Friday. By Monday, they'll have a cheaper lawyer.

[2] If you get a call from a relative (cousin, boyfriend, etc), don't spend more than 3 minutes on the phone. Trust me, 4 other people are looking for lawyers for this client.

[3] Always call to confirm the appointment. If you get a voice mail within 2 hours of your appointment, they're not showing up. You can leave your office and go do something else.

[4] Any non-juvenile who claims they need to make the appointment at a time their parent can come, and then shows up without them, is wasting your time. They can't afford you, regardless of what you charge.

[5] Unless it's your family member or best, best, best friend, NEVER show up to court to represent anyone on the promise of future payment, unless you're ok not getting paid.

[6] Potential clients who are having trouble finding your office, do not have the funds to hire you. I don't know the correlation, I just know this to be true.

Any others out there?
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

Arrested By The Feds? You're Giving DNA

From the New York Times:

The Justice Department is completing rules to allow the collection of DNA from most people arrested or detained by federal authorities, a vast expansion of DNA gathering that will include hundreds of thousands of illegal immigrants, by far the largest group affected.

The new forensic DNA sampling was authorized by Congress in a little-noticed amendment to a January 2006 renewal of the Violence Against Women Act, which provides protections and assistance for victims of sexual crimes. The amendment permits DNA collecting from anyone under criminal arrest by federal authorities, and also from illegal immigrants detained by federal agents.

The goal, justice officials said, is to make the practice of DNA sampling as routine as fingerprinting for anyone detained by federal agents, including illegal immigrants.

The full article 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

FBI Surfing Internet, Like A lot A lot A lot

According to ZD Net:

"The FBI appears to have adopted an invasive Internet surveillance technique that collects far more data on innocent Americans than previously has been disclosed.

Instead of recording only what a particular suspect is doing, agents conducting investigations appear to be assembling the activities of thousands of Internet users at a time into massive databases, according to current and former officials. That database can subsequently be queried for names, e-mail addresses or keywords."

Any agents want to be guest bloggers?


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

Coerced/Hearsay Testimony Allowed In Detainee Trials

According to AP, the Pentagon has drafted a manual for upcoming detainee trials that would allow suspected terrorists to be convicted on hearsay evidence and coerced testimony and imprisoned or put to death.

Additionally, a terror suspect's defense lawyer cannot reveal classified evidence in the person's defense until the government has a chance to review it.

Story 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

A Criminal Lawyer Without His Briefs

Philadelphia Criminal Defense Lawyer found naked in courthouse conference room...with 14 year old girl.

Story here

Look for updates on the naked truth.

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

Cheating Spouses In Michigan Akin To Murderers

Gotta love this. The Attorney General who appealed the ruling, confessed to an extra-marital affair in '05.

Read the story 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

Dont Let The Door Hit You In The Ass, Nifong

According to the Drudge Report, Duke Rape Case Prosecutor ( I use that term VERY LIGHTLY) wants out of the case.

He claims its due to a conflict of interest because he received a bar complaint about his work in the case. How many judges tell criminal defense lawyers that they have to stay on the case regardless of bar complaints from their clients? (Who often file them for the sole purpose of getting their lawyer kicked off the case).

Wow, a REAL prosecutor gets to look at the case for 4 minutes before he files a motion to dismiss, while privately apologizing to the defendants.

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

More Duke Lies

She changed her story AGAIN!

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

Who's better - PD's or Private Lawyers?

A Colorado State Trial Judge conducted a study and the results are all the buzz around the criminal bar, on both sides, today.

Read about it 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

A Criminal Defense Lawyer's Wishful Thinking for 2007

1. That every judge who takes the bench each morning hating their job, having "heard it all," and serving no purpose but to rubber stamp the government, resign.

2. That every prosecutor who believes that defense lawyers are the problem in the criminal justice system, not the defendants, resign.

3. That Mike Nifong, the sorriest excuse for a lawyer, much less a prosecutor, resign

4. That every police officer who has taken on the practice of screaming at, threatening, and jumping on each and every person they arrest, take a deep breath and know that recently in Miami, an officer came across a fugitive on a murder case who was in the courthouse for another case, quietly told him he would have to take him into custody, and calmly put handcuffs on him and took him to jail.

5. That every private defense lawyer in this practice solely to make money, go do something else.

6. That the prosecutor's "supervisor," (akin these days to the all involved manager at a car dealership) who tells his "supervisee" to "try the (crappy, stupid) case" instead of letting him/her offer the reasonable plea that he/she wants to offer, actually try the case, instead of running back to the office.

7. That the private defense bar cease behaving like this practice is to be handled like selling products at a flea market.

8. That the media stop saying that the defendant "cut a deal," or that a continuance of a trial date is "yet another delay," and that after an acquittal "the victim's family still has no justice." On that last one, an acquittal is justice, you in the media just don't get the post-sentencing jailhouse interview.

9. That every private defense lawyer practicing over 5 years, take a public defender to lunch, maybe a few times this year. And not to the sub shop, to one of those nice places we go with our "friends." Talk to them about their job, maybe it will remind you (and me) of a few things.

10. A little more g-d damn respect and professionalism, by and from everyone in that courtroom. You all know what I'm talking about.

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

Disbar Mike Nifong

I hate to be profane, but are you f***in kidding me?

Here's the headline from the News & Observer in North Carolina:

Lab chief: Nifong said don't report all DNA data

We continue: "Brian Meehan, director of DNA Security of Burlington, said his lab found DNA from unidentified men in the underwear, pubic hair and rectum of the woman who said she was gang-raped at a lacrosse party in March. Nurses at Duke Hospital collected the samples a few hours after the alleged assault. Meehan said the DNA did not come from Reade Seligmann, David Evans, or Collin Finnerty, who have been charged with rape and sexual assault in the case."

On cross examination:

"Was the failure to report these results the intentional decision of you and the district attorney? Cooney asked.

“Yes,” Meehan replied."

From the North Carolina Bar Rules of Professional Conduct:

Rule 3.8 Special Responsibilities of a Prosecutor

The prosecutor in a criminal case shall:

(a) refrain from prosecuting a charge that the prosecutor knows is not supported by probable cause;

(d) after reasonably diligent inquiry, make timely disclosure to the defense of all evidence or information required to be disclosed by applicable law, rules of procedure, or court opinions including all evidence or information known to the prosecutor that tends to negate the guilt of the accused or mitigates the offense, and, in connection with sentencing, disclose to the defense and to the tribunal all unprivileged mitigating information known to the prosecutor, except when the prosecutor is relieved of this responsibility by a protective order of the tribunal;

Mr. Nifong needs to surrender his license. He is not worthy of the Bar, as a prosecutor, or any type of lawyer.

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

Is The Duke Rape Case Over - AGAIN?

DNA testing conducted by a private lab in the Duke lacrosse rape case found genetic material from several males in the accuser's body and her underwear - but none from any team member, including the three charged with rape, according to a defense motion filed Wednesday.

The information was not disclosed in a report on the testing prosecutors provided earlier this year to the defense.

Click the link above for the full story.

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

Ellis Rubin Dies

Within the last year Ellis Rubin represented a witness (picture above) in one of my cases. That was the only opportunity I had to meet and speak with him. Regardless of his reputation for flamboyant defenses and love for the media, he was a gentleman to me, and I am grateful for the few moments I had to share a courtroom and a case with him.

Rest in Peace.

You Better Watch Out - Kid Arrested For Opening Present Early

From the AP:

COLUMBIA, South Carolina (AP) -- A fed-up mother had her 12-year-old son arrested for allegedly rummaging through his great-grandmother's things and playing with his Christmas present early.

The mother called police Sunday after learning her son had disobeyed orders and repeatedly taken a Game Boy from its hiding place at his great-grandmother's house next door and played it.

He was arrested on petty larceny charges, taken to the police station in handcuffs and held until his mother picked him up after church.

"My grandmother went out of her way to lay away a toy and paid on this thing for months," said the boy's mother, Brandi Ervin. "It was only to teach my son a lesson. He's been going through life doing things ... and getting away with it."

Police did not release the boy's name.

The mother said that her son was found in the last year to have attention deficit hyperactivity disorder, but that his medicine does not seem to help. (AND JAIL WILL?)

The boy's case will be presented to Department of Juvenile Justice officials in York County, who will decide what happens to him, Bollinger said. His mother hopes he can attend a program that will finally scare him straight. (ARE THEY MAKING A LIST AND CHECKING IT TWICE?)

"It's not even about the Christmas present," she said. "I only want positive things out of it. ... There's no need for him to act this way. I'd rather call myself than someone else call for him doing something worse than this."

I would have just told the kid that he better be good for goodness sake.

The Criminalization of Life

Although I generally delete chain e-mails (especially those that ask me to send them to 5 people), I found this of interest:

Scenario: Jack pulls into school parking lot with rifle in gun rack.

1973.....Vice Principal comes over, takes a look at Jack's rifle, goes to his car and gets his to show Jack.

2006 ......School goes into lockdown, FBI called, Jack hauled off to jail and never sees his truck or gun again. Counselors called in for traumatized students and teachers.

Scenario: Johnny and Mark get into a fist fight after school.

1973 ...Crowd gathers. Mark wins. Johnny and Mark shake hands and end up best friends. Nobody goes to jail, nobody arrested, nobody expelled.

2006 ......Police called, SWAT team arrives, arrests Johnny and Mark. Charge them with assault, both expelled even though Johnny started it.

Scenario: Billy breaks a window in his father's car and his Dad gives him a whipping.

1973 ........ Billy is more careful next time, grows up normal, goes to college, and becomes a successful businessman.

2006....... Billy's Dad is arrested for child abuse. Billy removed to foster care and joins a gang. Billy's sister is told by state psychologist that she remembers being abused herself and their Dad goes to prison. Billy's mom has affair with psychologist.

Scenario: Mark gets a headache and takes some headache medicine to school.

1973..... Mark shares headache medicine with Principal out on the smoking dock.

2006 ........... Police called, Mark expelled from school for drug violations. Car searched for drugs and weapons.

Scenario: Johnny takes apart leftover firecrackers from the 4th of July, puts them in a model airplane paint bottle, blows up a red ant bed.

1973 ....... Ants die.

2006........... BATF, Homeland Security, FBI called. Johnny charged with domestic terrorism, FBI investigates parents, siblings removed from home, computers confiscated, Johnny's Dad goes on a terror watch list and is never allowed to fly again.

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

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.

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

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.

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

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

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.

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

FBI Looking At Foley

Drudge has it.

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

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

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

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.

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

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

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

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

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

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?

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

NEWS FLASH - Congress Not Above The Law

Chief U.S. District Judge Thomas F. Hogan made a stunning assertion today: members of Congress are not above the law.

Let me catch my breath. Did he also say it is Monday? That the sun will set tonight? It is pathetic that he had to make this statement, but he did, because the only argument that the search was illegal is that Congress is above the law.

I love this, the Judge went on to say that Jefferson's theory of legislative privilege "would have the effect of converting every congressional office into a taxpayer-subsidized sanctuary for crime."

The issue was whether the speech and debate clause of the Constitution, which protects elected officials from being questioned by the president, a prosecutor or a plaintiff in a lawsuit about their legislative work, applied here.

It doesn't, because accepting a bribe is not considered "legislative work."

No, I'm not kidding, it isn't.

Happy 4th Of July

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.

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

Nothing Criminal About This!

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

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

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

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