Recent Broward Law Blog Features

Showing posts with label Sun-Sentinel. Show all posts
Showing posts with label Sun-Sentinel. Show all posts

Tuesday, April 7, 2009

Judge Aleman Gets Reprimanded on the 'Net


Working in court and on cases all day, about the best I can do is publish the Governor's press release on the new judicial appointments, and this article from Tonya Alanyez in the Sun Sentinel about Judge Aleman's reprimand.

The public was able to watch the reprimand of Broward Circuit Judge Cheryl Aleman for misconduct by the Florida Supreme Court on Tuesday. Unprecedented. Here she is pictured in a Sun Sentinel photograph from 2006.

Here is the Sentinel report:

Broward Circuit Judge Cheryl Alemán stood before Florida's seven Supreme Court justices this morning, termed an "errant" judge in need of a public reprimand for her misconduct on the bench.

"This is a sad day for you, the state of Florida and the entire judiciary," said Chief Justice Peggy Quince. "At the most fundamental level, you have damaged the public's trust and confidence."Alemán had failed to uphold a judge's highest calling of maintaining fairness, courteousness and impartiality, Quince said.

The seven-minute scolding began at 9 a.m. and was aired live on the Internet. Alemán, 50, stood at the podium in the austere courtroom dressed in black, topped by a red jacket. A large cross pendant hung from her neck.

Related links
Transcript of Judge Aleman's reprimand (PDF)

Other than "good morning," Alemán's only words came at the end: "God bless you and the court.

http://www.sun-sentinel.com/news/local/broward/sfl-cheryl-aleman-reprimand-bn040609,0,5394791.story

Over the years, Judge Aleman, from Jacksonville, who had served in the Attorney Generals' office, stirred controversy as a harsh and demanding jurist in criminal court. Faced with the misconduct charges, she brought in David Bogenshutz to represent her. And her notoriety brought her opposition when her term ended. She had to fight to win re-election to the bench in Broward, but she did. Now serves on the civil bench.

Friday, March 27, 2009

Plea Deal for Chief's Wife Still Going Back and Forth With Controversy



The Sun Sentinel generates more controversy today on the shooting case involving the wife of Fort Lauderdale Police Chief Franklin Adderly. The Tonya Alanyez piece drives home the point that there are two sentencing standards, one for the rich and another for the poor.

Here is the link-

As a defense attorney, your duty is not to apologize for the system. Your duty is to get your client the best deal. A defense lawyer, the NACDL argues, is liberty's last champion. But you first of all, are your client's most important advocate. We may work within a system which is far more unfair than it is just, but your duty is first to your client on the case before you.

If David Bogenshutz purportedly has the power and influence to shape an outcome more favorably for his client than a young public defender would for his, that may not be good for the system. But it is good for Mr. B and his client. And Mr. B's duty is first and foremost to the client retaining him. So while the Public Defender can advocate for a 'more better' and equal system as he should and must do, in the meantime if you can you go to the lawyer who will get you the best outcome. That is our job first and foremost, and we do not have to apologize for it.

One of the points that is made in the news piece has to be that justice is supposed to be color blind. But more than that, it is supposed to be gender neutral, economically equally, socially level, and overall, be fair to all regardless of pocketbook or power. That is what our community should strive for. That is what our public advocates must demand. Equal justice under the law. In the meantime, though, a defense attorney may not have the wherewithal at a given moment to turn the system around. He has but one person to answer to- his client.


Domestic violences crosses all social stratospheres. Maybe if this case serves a purpose it will be to insure that the State Attorney's office and courts fashion future remedies with the time, heart and consideration eventually to be meted out in the case involving the wife of the Chief of Police. Then we would be moving in the right direction together.

Thursday, March 26, 2009

Snap! Your Tag is in the System


Scanners, can't even get them to work on a computer, and now here they are on Hollywood police cars. And all it does is snap a little picture of your license plate tag. The Sun Sentinel so reports today. Fascinating:

"These things are awesome," said Hollywood Police Lt. Scott Pardon, whose traffic unit, in just a few weeks, recovered one stolen car, one stolen tag and made two arrests.

I am beginning to think there is no such think as privacy anymore, so it is impossible to invade it. I do know this system is also used to help people find their vehicles when they lose them in airport, stadium and large shopping mall parking lots, like at Sawgrass Mills: "Oh, yes of course we know where your green chevrolet is, you do do, you parked in the blue lot on the south side, not the red lot on the north."

Police everywhere say it's an effective crime-fighting tool while allowing officers to multi-task. But privacy-rights groups take issue with authorities taking and storing information on noncriminals, something they say is too Big Brother-like."If I have never gotten a ticket or have never done anything wrong, I should have the right to know if the picture of my car is in the database, and what are they doing with it," said Lillie Coney, with the Washington, D.C.-based Electronic Privacy Information Center.

"It's not that they are looking at license plates and taking pictures of cars belonging to innocent people," said Barry Butin, co-counsel of the ACLU's Broward chapter. "We are more concerned with what they do with the information later."

Butin and others say there's a potential for misuse, such as an officer tracking a girlfriend, or police prying into the comings and goings of law-abiding citizens.In Aventura, police have been taking thousands of images and tag information since December. They say the information is stored permanently for possible use in future investigations. Punch in a tag and, if the scanner ever came across it, the system will indicate where and when.Plate recognition systems vary by vendor, but most work the same way: Once a camera shoots an image of a tag, the plate number is run through a constantly updated database of stolen cars and tags. A computer inside the cruiser alerts the officer when it finds a hit.


During a recent demonstration, Aventura Police Officer John Methvin drove around the Aventura Mall parking lot, zipping through three tags a second as his car slowly cruised the aisles. His cruiser has three sets of cameras mounted on the roof. He processes about 2,000 tags a day, most of them at the mall.A laptop computer plays a steady beat of "clicks" after each picture is taken. Suddenly, an alarm alerts Methvin to a "possible stolen car.""I get this one every time I drive by here," he said. It's a mall employee whose Florida plate has letters and numbers that match a stolen car from Canada.

The Broward Sheriff's Office, which covers 14 cities including Pompano Beach, Tamarac and Cooper City, has 35 license plate recognition systems mounted on patrol cars and at fixed locations throughout the county, scanning an average of 300,000 plates a month, said spokesman Mike Jachles. The department has been using the system about a year.

Many departments say the goal is to have all agencies share the same information. Police emphasize the scanning system does not run a full background check on every tag. That would overload the database system, they said. "It's a crime-fighting tool used to find violent offenders or violent criminals. This is not Big Brother watching," Jachles said. "We're not looking for expired tags, or things like that. If we did, we would be too busy to do other things."
Does anyone really believe this is not the mother of all database systems designed to garner and store as much information as is possibly useful later on down the road? Who are we kidding?

Wednesday, March 18, 2009

Judge Paul Backman Wins Kudos for Work in Freeing Unjustly Imprisoned Man


The story of Leroy McGee makes for compelling drama and Sun Sentinel reporter Jon Burstein captured it all in his feature yesterday, linked below. "Mc Gee spent three years and seven months in prison for a robbery he didn't commit. His pleas of innocence were ignored by Broward jurors, who convicted him. They went unheeded until one of his many letters to the outside landed on the desk of someone who believed he might be telling the truth.That someone was the same judge who sent McGee to prison. Broward Circuit Judge Paul Backman eventually overturned McGee's conviction."


The victory, though, came a year after McGee finished serving his prison sentence.McGee, 41, is now seeking compensation from the state for his lost years — time in which he lost his marriage, his job and the chance to watch his children grow up.


He is the first person to apply for reparations under the state's Victims of Wrongful Incarceration Compensation Act passed last year. He could be eligible for $50,000 for every year he spent in prison."This was an innocent man who hired the wrong lawyer and ended up paying the price," Backman told the Sun Sentinel.


Writes Burstein: "McGee, a soft-spoken carpenter's apprentice for the Broward County School District, said the money isn't as important as what it represents: total vindication. And while the Fort Lauderdale father of five says he has no definite plans for the money, he says it will be used to provide a better life for his children, who range in age from 5 to 22."


Burstein tells the story of how McGee fought his conviction from inside prison; how he wrote letters to anyone he could, from President Bill Clinton to the NAACP. When Backman received a letter, he took it as a legal motion by McGee challenging his attorney's effectiveness. That allowed him to appoint another lawyer, Michael Wrubel, to examine whether he had received adequate representation.


Wrubel argued McGee was in prison because his attorney was ineffective. In August 1995, Backman agreed, throwing out the conviction and ordering a new trial."In over 1,200 jury trials this court has never witnessed a more tragic set of circumstances," Backman wrote. "While it is unquestioned that the armed robbery took place, it is also clear that the defendant was not the individual who perpetrated the act." This story is also a testimony to the strength and wisdom of Mike Wrubel, an outstanding criminal defense practitioner, quietly thorough and adamantly professional in his deliberative processes.


The story Burstein write lays out the script for a movie, from McGee's incarceration to his petition for compensation; his personal attitudes in standing up to a system once more exposed as being more unjust than just. And that, my friends, is why we fight and never give it up. Whether it is screwed up forensics, or ineffective assistance of counsel, or bad judges or bad cops, you have to be willing to look at a case and peel it away like an onion. Sometimes it will make you cry.

Here is the full story:
The Sun-Sentinel, effectively integrating the Internet into its exhaustive story, lists also all the relevant links to Leroy McGee's quest for justice. This just typifies how remarkable the world we live in has become; how the age of information is but a click and link away; how privileged we are to be where we are. For a kid who grew up with card catalogues and the Dewey Decimal system in public libraries, the world has become a lot smaller and easier to reach. I wonder whether in our speed and haste to access this information we do not just spend enough time marvelling about it.