Articles Posted in Articles of Interest

Kalief Browder, a Bronx, N.Y. native, was only 16-years-old when cops unexpectedly showed up and stripped him of his liberty while he was walking home from a party. A person who Browder never met before accused him of robbery. Browder’s nightmare began.

The teen spent the next three years jailed on Rikers Island. Neither he nor his family were able to post the $10,000 bond set in his case. Browder’s attorney said that the whole case hinged exclusively on the word of the alleged victim who was pointing his finger at the teen. Apparently, the alleged victim approached cops two weeks after he was robbed and claimed, “That kid did it.” Based solely on that evidence, cops went into action and arrested Browder.

At one court appearance during his three year ordeal, Browder was threatened by the judge that if he didn’t take the plea offer, he’d receive a 15-year prison sentence after conviction. Not surprisingly, Browder became desperate and suicidal, after multiple court appearances with no resolution in site.

As a criminal defense attorney, one question that I am most frequently asked is: “How can you defend those guilty people?” Erroneously presupposed by those who ask this question is that all the people that I represent are all guilty. I have different responses when asked this question depending on who asks and how they ask it.  Sometimes, I’ll remind and/or inform those people about the instances over the past several years where innocent people in the United States have been falsely accused of crimes. Their nightmares serve as, among many other things, reminders of the importance of my role as a criminal defense lawyer. I try to share true stories to those who inquire to remind them that people, just like you and I, can have their liberty stripped at any moment even though they have done nothing wrong.

I make sure to remind them about what happened to Wilbert Lee and Freddie Pitts. On August 1, 1963, two gas station attendants were murdered in a segregated town in the Florida Panhandle. Lee and Pitts were arrested and later stood trial for the murders. Feelings against them ran high during their trials. The crucial piece of evidence was that one of their friends had argued with a gas station attendant about using the whites-only bathroom. The all-white jury sent the two black men to Death Row. Their convictions were based largely on the testimony of a witness who was threatened by interrogators and “hypnotized” by prosecutors. They spent 12 years in prison, nine of them on Death Row, before being freed. Another man confessed to the killings.

More recently, there was the arrest in Tampa, Florida of Johnny Golden, who was charged with bank robbery. Even though he had a pay slip showing he had worked for a labor pool in North Carolina the day Tampa police accused him of robbing the bank and had his supervisor and four other people vouched for his alibi, he still was held by authorities who were certain that they had the right man. On December 8, 1997, the day Golden’s trial was to start, the primary witness, a bank teller who was robbed, came into court and took a look at Golden and said that he wasn’t the robber. Prosecutors dropped the charges. Golden spent six months in jail, losing his truck and his home. He also lost spending precious time with his wife and infant son who was 3 months old when he was arrested.

Yesterday, I asked my Twitter friends to give me some suggestions as to what they wanted me to blog about. Several wanted me to discuss some real cases that I’ve been involved with that stand out over the course of my over twenty years as a prosecutor and defense attorney. This one, I’ll never forget.

A teacher at a local high school wanted to provide his students with the ultimate civics lesson. He decided to take his students on a field trip to teach them about the U.S. Constitution. His plan was to take them to a highly publicized and emotionally charged demonstration/protest to teach them, first hand, about cherished constitutional rights like Freedom of Assembly and Freedom of Speech.

It was the time of Elian Gonzalez- the young Cuban refugee whose custody battle set off an international firestorm. He was rescued at sea after a boat carrying Cuban refugees headed toward Miami capsized. His mother died at sea on the voyage. Miami was deeply divided on the issue of whether he should be returned to Cuba to live with his biological father or to remain in the U.S. with his Miami relatives. It was difficult to find anyone who was apathetic. The sentiment was either a strong: “Send him back,” or “Keep him here.” In fact, I remember several occasions around that time that I gave presentations at local public schools. When I mentioned that my first boss was Janet Reno, some students looked at me as if I just stated, “I worked for Adolf Hitler.” It was obvious that these kids were getting from their parents and relatives daily doses of harsh comments and/or criticism concerning Ms. Reno and the issue itself.

The Mexico Supreme Court has overturned a lower court ruling that led to a Mexican drug lord’s freedom. Rafael Caro Quintero, 61, was accused of kidnapping and murder a DEA agent, Enrique Camarena, and his pilot, in 1985.

The Mexican Supreme Court’s decision was released one day after U.S. authorities agreed to pay up to $5 million for information leading to Caro Quintero’s arrest or conviction, once a leader of Mexico’s Guadalajara Cartel. Caro Quintero had served 28 years of his 40-year sentence and his conviction was overturned in August.

The DEA describes Caro Quintero as a U.S. fugitive from for felony murder, kidnapping and other criminal charges and want him apprehended. After a meeting in Washington in September the Mexican government agreed to re-apprehend Caro Quintero, however, his whereabouts are unknown.

Having practiced as a prosecutor and/or criminal defense attorney for over twenty years in Miami, and throughout South Florida, one thing I’ve noticed is that law enforcement seems to be rather unpredictable as to what alleged crimes they choose to investigate. Some offenses get a pass, while others become the focus of law enforcement, who choose to use unlimited resources to investigate, and ultimately, to make arrests. I often refer to it as “spinning the wheel of justice.” If the wheel lands on something that you’re involved with, beware.

One case that I want to share with you doesn’t concern the typical crime subject matters like drugs, fraud and/or violence. No, something far more sinister and dangerous, “snow peas.” That’s right, I said, “snow peas.”

My client, Pedro Gonzalez, forty-five years old, had never been in trouble before. He and his wife of eighteen years had two children, ages thirteen and eleven. Pedro was dedicated to his family, attended Catholic mass regularly, and was the leader of their sons Boy Scout Troop. My client was a co-owner of a company that imported snow peas from Guatemala. One day, my client heard some news that forever changed his life. He learned that he was under federal criminal investigation for his role in a conspiracy involving illegally importing snow peas into the U.S. that had not first been properly tested.

While in court one day, I came across an arrest report (also known as arrest affidavit and/or A-form ) that caught my attention. Bridget Gomez, a black thirty three year old female, was arrested for engaging in prostitution at Angel’s Bar on West Dixie Highway, in violation of Florida Statute 796.07 (2) (e). Sergeant L. Smith, of the Miami Dade Police Department, (some names have been changed) swore to the following facts:

“While in the above location and acting in an undercover capacity, the defendant approached this detective and did the following: Defendant, after performing a stage dance, requested to provide this detective a lap dance for $10.00, which was given to defendant. While defendant was performing the lap dance, she sat on this detective’s groin area and moved back and forward simulating sexual intercourse. While stimulating this detective’s penis, at one point, defendant touched this detective’s penis and attempted to apologize. Defendant was arrested and transported to the Dade County Jail.”

Attached to the arrest report was a Cost Recovery Court Order, in which officers sought reimbursement from the defendant for the cost of investigating and prosecuting the case. In the form, attached to Bridget Gomez’s arrest affidavit, Sergeant L. Smith, sought cost recovery for expenses incurred by, Detective A. Hart, Detective W. Brody and himself. The expenses included two hours of time spent by each officer at a rate of approximately $24 per hour, for a total of $140. They also sought reimbursement for the one vehicle used, costing $30.76. Finally, and most interesting, a $20 reimbursement was sought for additional expenses, listed as alcoholic beverages, tips and lap dance. The form was sworn to by both Sgt. Smith and his supervisor, Lieutenant V. Marks. Keep in mind, while working in an undercover capacity, all officers were on duty at the time, therefore on the state’s paryroll.

A California deputy shot a 13-year-old boy who he thought he saw a teen carrying an assault rifle. The assault rifle perceived by the deputy was later determined to be a fake rifle. The young boy was later identified as Andy Lopez Cruz.

When the deputy approached Cruz moments before the shooting, he and his partner yelled at the teen to put the weapon down. A statement said, the teen began turning around toward the officers, and he was “{T]urning the barrel of the assault rifle towards him. THe statement further said “[T]he deputy feared for his safety, the safety of his partner, and the safety of the community members in the area.”

An autopsy report recently release said the deputy fired eight rounds at the scene, and the teen died of bullets to the chest and right hip.

If you’ve ever wanted to know what really happens in the Criminal Justice System, simply turn on the television. Plop on the couch and turn to an old Matlock rerun. Or better yet, if you search a bit, you’ll probably find a Perry Mason classic. With little effort, you’ll find an episode of Law and Order, or some spin-off of that show, on probably about a half a dozen cable stations at one time. School is in session. The first thing that we learn from our favorite T.V. dramas is that the person accused of the crime will eventually be exonerated if he or she didn’t commit the offense. Usually it will happen during a blistering cross examination of a witness who cracks under pressure and admits that he, and not the accused, actually committed the crime. Also, you can count on getting that warm and fuzzy feeling in your heart toward the show’s conclusion knowing that the person who committed the crime will be captured, convicted and then fairly sentenced for what he or she did. T.V. dramas also show us that almost all cases actually go to trial and that trials typically last about 45 minutes, with no jury selection, no lengthy side bars, and no tremendous waiting time. Well, wake up! Get off the couch! Shake your head back and forth and welcome yourself to reality.

After working for over twenty years in the criminal arena as a prosecutor, adjunct law professor at the University of Miami School of Law and a criminal defense attorney, I can say, without reservation, that very few, if any, television dramas fairly and accurately portray what really goes on in the Criminal Justice System. Furthermore, the media, primarily unintentionally, does an equally poor job at providing the public with an accurate view. Even those who have been involved in the system by, for example, serving on a jury, being a victim and/or witness, or by being accused of a crime, don’t have a fair and accurate perspective of what truly goes on in most major criminal courthouses around the country.

In selecting, “There Is No Justice,” as the title of this article, I didn’t mean to suggest that no one in the system obtains a fair outcome. On the contrary, I believe that the system as a whole is a fair one, and by far, a better justice system than any other. By suggesting that, “There Is No Justice,” I’m stating that contrary to Aristotle’s view of justice, like cases aren’t always treated alike. Furthermore, whether someone is found guilty and/or punished fairly, hinges upon numerous factors unrelated to what the public sees as justice. Rather, factors such as money, race, luck, the judge, the prosecutor, the cops, the lawyers, the jury etc. can affect an outcome of a criminal case.

I get this question asked a lot: What should I do if a friend, family member or other loved one has been arrested?

A: If someone you know has been arrested, it’s important initially to gather all information possible so that we can assist you most efficiently. Prior to contacting us, try to obtain the following information:

1) Name of arrestee (important to note that the name under which he/she was arrested may be different than their real name)

Here’s a frequently asked question (FAQ) that I get often: “What should I do if I’m under investigation?”

A: It is critical to contact a criminal defense attorney immediately after becoming aware that law enforcement is investigating you and/or your business. Our extensive experience can guide you through this challenging process. Additionally, there are many instances when our representation of a client during the “investigation stage” has resulted in no charges being brought and/or no arrest made. For example, recently I was representing a top athlete at a local Miami college. His life came crashing down when police arrested him for allegedly raping another student. I met with him several times and believed in his innocence. His position was that he had consensual sex with the alleged victim. I was able to secure the cooperation of a key witness who poked significant holes in the alleged victim’s story. Fortunately, charges were not filed. Additionally, a teenager we represented recently was told that an arrest for felony battery was imminent. The teen learned through school administrators that police had contacted them and told them that they were going to arrest him for punching another student, resulting in serious injury to the victim’s face. We were successful in persuading law enforcement not to arrest our teen client. As a result, nothing ever went on his record.

We also have been successful on numerous occasions at affecting what charges are levied against our clients simply by discussions with law enforcement. For example, whether a client is charged with Aggravated Battery, a 2nd degree felony, punishable by up to 15 years in prison or Simple Battery, a misdemeanor with a cap of one year, can make a huge difference. Bond is lowered; where the case is filed is different (Circuit vs. County Court), and obviously, the potential penalty the client is facing is thoroughly different.