Imagine the Expense

The House Committee on Security and Public Safety of the Florida Legislature. voted down a measure 10-1 that would have required that the police record all interrogations in felony cases. One reason was the costs. This is downright funny. Looking at this mornings paper, I noticed that the 750 gb my book external hard drive cost $159. How many hows of interrogation would that hold? The legislature must be assuming that every person arrested for a felony is questioned. I would guess roughly 10 percent are, at best. They also talks about the transitions from a witness to a suspect. Everyone knows that the police routinely talk to the client prior to putting them on tape so that their methods (often the methods used in the Reid techniques) are not discovered. Then after they get them to say what they want them to say, then they put them on tape.

Ironically, if you want to question a police officer about a shooting, you are required to have every word he utters recorded, pursuant to the "Police Bill of Rights" established by Florida Statutes. I guess our constitutional bill of rights is far less important than the police bill of rights.

Don't Tase Me Bro

Orlando is fast becoming the Taser capital of the world. Recently, an eleven year old was tased by a deputy at the school she attended, allegedly because she punched the deputy. Sorry, but I think if the deputy is not sufficiently wary or smart enough to be able to physically control an eleven year old, the department should review it's training guidelines rather than making excuses for the deputy.

The mentality in this area, however is tase first ask questions later. One officer, Jonathan Cute of the Orlando Police Department was sued in federal court for one of his tasing. A subesquent posting on a blog site, if believed, showed that he was extremely tase happy. He is currently on administrative detention in a police shooting of a driver where the driver subsequently died. A taser was used there also.

Uhm, He smoked Marijuana when he was in jail, Judge

Ever have the experience of trying to explain to a judge during a violation of probation hearing that your client tested positive for marijuana a week after being released from jail because he had been smoking the stuff in the jail? And then watch the Judge roll their eyes? Well along comes a story like this and we find redemption!!!

Seems in tiny little Bartow Florida a couple of detention deputies were arrested for providing the inmates with some of the wacky tobaccy. Deputies Michael T. Redmond, and Jarrett R. Brice were the deputies arrested as they had worked a deal with inmate Freddie Street and his girlfriend Latifah Balil to get the marijuana into the jail. So the Polk County Deputies arrested them.

MY EXPERT IS DAUBERT

The Florida Legislature is now asserting themselves into the evidence code once again with HB 645 (SB 1448). They are changing the expert standards from Frye to Daubert. There are supposed procedural safeguards, including interlocutory appeals, but I am concerened they are going to let every crackpot, under the guise that it will help the jury, state opinions which have no true scientific basis. The revised meeting packet for March 19th lays out the arguments for the bill.

Bonus for us

An interesting bill is going through the Legislature. House Bill 497 requires coordinated classification & pay plans for public defenders in each judicial circuit to be developed in accordance with general law, notwithstanding that lump-sum salary bonuses, or other similar provisions of law or rule relating to government officials, may be provided only if specifically appropriated or provided for by law. The best part of the bill is that the bill allows the public defenders to use unallocated dollars for lump sum bonuses without such bonuses
being either specifically appropriated by the Legislature or authorized by the Legislative Budget Commission

The bill has already gotten a favorable vote in committee. One can only wonder with the budget shortfall that is predicted whether this bill will survive once it reaches the floor, especially in light of Senator Gary Siplin's crass remarks to "close the public defenders down because they don't do nothing for black folks".

Second Tier? Not us.

The Florida Supreme Court decided today that the Offices of the Criminal Conflict and Civil Regional Counsel are not second tier "appointed" public defender in violation of the Florida Constitution. As such the governor is pretty much clear to appoint whomever he or she wants to the position, qualified or not. Not that I am casting aspersion on these folks as I know several and they seem at least qualified if not insane for taking the position. But always in the back of my mind I wonder if the best candidate is the one who gets the position or the most politically connected.

Speaking of Public Defenders, of the 20 races for election, three have incumbents who have challengers and two are wide open elections. In one of these wide open races, one candidate, Larry Eger, has raised over $129,000. What is most ironic about Larry is that he worked with the public defender's office for 23 years. Who knew one of us would have connections like that to raise that kind of scratch. Good luck Larry.

Shoe on the Other Foot

I am constantly amazed that those who lead the crusades are the one who inevitably have to go before the public with their Mea Culpas and hope that they are given a better chance at a reasonable sentence than any of my clients ever get. For once, I would like one of these jokers to go before the public and say, "you know, I know it looks like a do as I say and not as I do. And you're right." I would also like to see the poor spouse who has been drug into this media circus against their will to stand up and say, "He is going to pay for this in ways you can't even imagine."

Now having said that, I would be curious to see if they will prosecute him at all. I am sure there will be a tremendous amount of political pressure to pursue this, especially with him being a Democrat and this administration being oh so careful in who they go after. But at the end of the day, is there really anything else that could be done to him that hasn't already been done, (loss of governorship, loss of potential national office, loss of reputation, becoming a national punchline) I know it does not match actual incarceration, but some would put those things ahead of jail.

Think before speaking

Florida Senator Gary Siplin is alleged to have made the following remarks regarding public defenders,

Siplin wouldn't say how he would vote, but didn't seem moved by stories of how education and healthcare for the poor would be cut. And when it came to the discussion of public-defender furloughs (something that might have been cured by a $2.5 million boost via Sen. Victor Crist's amendment today), Siplin wasn't pleased.
"They should be closed down," he said. "They don't help black folks."
Later, Siplin said his comments reflected the frustration of his constituents who think the public defenders don't do enough.
(source Naked Politics Miami Hearald.com)

Did you forget that members of the public defender office showed up to assist in the civil rights restoration drives in Eatonville, the oldest African American community in the United States? Have you ever worked in a public defender office? Have you even spent one hour observing the work at the office? We know that you like to rattle the sabers as your consitutents like that, but seriously, think before you speak.

Going back to the Dark Ages

Well the Florida Legislature has decided again to try and do away with discovery depositions this term in cases involving third degree felonies. I would not be surprised to see someone attempt to amend this citing the costs involved. Of course the bill was introduced in the House by Representative Thompson, a prosecutor, since 1995. This bill deserves special monitoring.

SB 2744 Relating to Discovery Depositions (Identical HB 1327)
Discovery Depositions; Provides that a discovery deposition may not be taken in a case in which the defendant is charged only with a felony of the third degree, a misdemeanor, or a criminal traffic offense when all other discovery provided by law has been completed. Requires the trial court to consider certain conditions before allowing the discovery deposition. Repeals Rule 3.220(h)(1)(D), Florida Rules of Criminal Procedure, etc. EFFECTIVE DATE: 10/01/2008 except as otherwise provided.

FLORIDA CDL

My thoughts this past week was about the many who took the Bar Exams this week. I wonder why many of them decided to join the profession. Did they want to join for the almight dollar? Did they join because they see this as a higher calling? In six months will they view their decision in the same way when they are slammed with high caseloads or billable hours? And when the the student loan payments start up, will they still believe they made the right choice? Makes me wonder.