Judge Dalia Weiss

Gov. Scott appointed former asa Dalia Weiss to be a county court judge. She replaces Greg Keiser. Congrats to Dalia.

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John Edwards closing today

NY Times reports that closing arguments are scheduled today in John Edwards’ trial.  He allegedly used campaign finance $  to influence the campaign, DOJ lawyers say.  The defense says it was merely to hide his mistress.   The defense chose not to call Mr. Edwards, his daughter Cate or mistress Rielle Hunter. Many times less is more.  Argue that the burden of proof is on the government.  The defense doesn’t have to prove anything.  However, that has to be balanced with how much will the witness or witnesses help the case vs. hurt the case.  The prosecutor would have ripped Johnny a new one.  How much would his testimony have helped the case?  Probably none.  Edwards already said publicly that he did not violate any campaign finance laws.

The public may be pissed about him covering it up, but probably more pissed on the amount of money this woman lived off.   BMW, high-end hotel stays, trips on private jets, etc.  The public may also be pissed because Edwards’ wife was dying of cancer at the time.

Emotions often rule the day in trials.  It’s not just the facts.  It’s the feelings that matter.  People decide emotionally and then rationalize.

I hate to see Edwards’ destruction.  On so many levels.  His family.  His political career thrown away.  The government prosecuting a citizen for an alleged crime like this – trying to take away their liberty.  Edwards’ daughter has been supportive – there almost every day.  That really has to be tough on her too.

It just sucks all the way around.

Hope he beats it.

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Federal judge finalists Fort Pierce

H/t David Markus

Local celebrity Goodman Circuit judge Jeff Colbath did not make the final cut.  What was the game?  Who wants to be a federal judge in Fort Pierce?   McCauliffe’s wife did though.  Unlike Mike, the trial lawyers actually like and respect Robin.  The three finalists for the Ft. Pierce gig:

Robin Rosenberg (Palm Beach county circuit civil judge)  Robin comes from Palm Beach money and is politically connected with the Democrats.  Her reviews by the palm beach county bar association polls are always good.  She will get the nod.  10 to 1.  Any takers?
William Thomas (Judge in Miami – doesn’t like criminal court – he prefers people whining over money)  Got news for you.  Criminal cases always take precedence over civil cases in federal court.  And most of the trials you will be presiding over, if selected, will be criminal trials.  Those civil lawyers settle everything.  Something about it being a “business decision.”  Do what you are passionate about.
John Thornton (Also a Miami judge, Crist appointed him to the circuit bench in 2007.  Apparently, John was very successful in private practice).  There’s something very reassuring to me about someone who actually takes a pay cut to be a judge.  Not that every lawyer who is successful in business is a great lawyer.  But at least they understand what private practitioners do on a daily basis.

Posted in criminal lawyers

State attorney vs Judge Barry Cohen

Judge Barry Cohen is clearly one of the smartest judges on the bench.  I’ve tried mostly misdemeanor trials in front of him.  One kidnapping case.  He’s fair. He calls ‘em right down the middle – just like baseball, which he loves.  The only time it’s not good to be in his courtroom is when the Yankees lost the night before.

But the state attorney is trying to disqualify him.  Jackie Charbonneau signed the motion in a first degree murder case.

The allegations say that Judge Cohen is against mandatory minimum sentences, the war on drugs, and the racially discriminatory effects of the criminal justice system.  Well duh.  Barry still follows the law.  Even if he doesn’t like it.  He, unlike the vast majority of the judiciary, actually speaks his mind.  You gotta give it to him.  He’s got balls.  Maybe he’s getting up there in age and just doesn’t care anymore.  He can’t sit idly by and see injustice day in and day out.

Most prosecutors in Palm Beach county enjoy trying cases with Judge Cohen.  I wonder what led Jackie to do this.  Were others involved? A push from Paul Zachs perhaps?  The new State Attorney Peter Antonacci signed the affidavit on the first page of the motion.

Doesn’t the state have better things to do than try and disqualify Judge Cohen?  Like prosecute violent crime, crimes against children, etc.

This will not go over well with defense lawyers and most prosecutors.

Posted in Judge Cohen