IT AINT ALL BROWARD! DADE JUDGES NO BETTER! As many of you know, the Broward criminal bench has been targeted by Dades Criminal Justice Blog (among others) for its alleged incompetency, arrests, consumption of impairing substances and various shortcomings on a consistent basis. Perhaps this is because our local criminal bench is highly deserving of these attacks. But let us not lose sight of what is in no way, exclusive to Broward judges. The following account of this authors experience in Dade on a pending Vehicular Homicide (State v. Carvahal/Case No. F13-13135 Judge Monica Gordo) is no joke and is representative of some highly compelling evidence of the very same type of judicial misconduct, highly criticized in Broward,and very much alive and well in Dade! Independant of the fact that the Dade State Attorneys office doesnt seem to give a rats ass about what is just or doing the right thing, Judge Monica Gordo, Dade circuit criminal, is an example of the kind of judical misconduct that you almost have to laugh, if it werent so freakin seriously LAME! This is peoples LIVES we are talking about but that is neither here no there according to the wisdom of Gordo. After filing a C-4 Sworn Motion to Dismiss, that is dispositive of the case, the Court scheduled no less than 6 hearings for the express purpose of ruling. (Imagine? A judge actually ruling on a motion?) On all of these occassions, this office was notified, often at the very last moment, at times en route to the Miami early morning hearing, that the ruling is being reset, and reset it was.......6 to 7 times. On December 17, 2014, another date was set, but this hearing was different. This hearing was noticed for a completely different purpose. Stay with me........... The December 17 hearing was expressly set down for the court to colloquy my client for plea purposes. For those of us who practice law or do our fair share of litigation, this is an odd scenario, particularly in light of the courts continuing and utter failure to RULE on my motion. I then ask myself.......Why am I even beginning to discuss a plea (there were early plea discussions where I specifically made it abundantly clear to the State, that unless they are going to do a change of charge and withhold without any convictions to anything, there was not ever going to be a plea) when there has been no ruling on the motion to dismiss? As reflected by the transcript, the case was called and Gordo proceeded to inquire as to whether the Defense was going to accept the States offer or counter-offer. I responded by advising the court that THERE IS NO OFFER AND THEREFORE NOTHING TO RESPOND TO IN TERMS OF ACCEPTING OR COUNTER-OFFERING. The state chimed in and assured the court that defense counsel is correct, there is no offer. Gordo proceeded to warn both myself and my client that he scores 11.8 years on the bottom and what are we willing to accept. I reminded Judge Gordo, again, that THERE IS NO OFFER AND WE ARE NOT ENGAGING IN THESE DISCUSSIONS AND ANY FURTHER COLLOQUY OF MR. CARVAHAL WAS OVER DEFENSE OBJECTION! The court advised that it is NOT issuing a ruling today........citing the need to further review the motion, the states traverse and applicable case law. Undersigned then reminded the court that I will not engage in any further discussion until the court issues its ruling, further explaining on the record that, should the court grant the motion, any plea discussions are moot further advising that should the court deny the motion, then and only then is the subject of a plea and prospective appeal at issue! Ladies and gentlemen, this is not rocket science! You dont not have to be a trial maven or maniacal criminal litigator to grasp the concept of awaiting a ruling on a dispositive motion, that, whatever ruling is made, will dictate whether or not there is the need for any plea discussions or colloquy. Nontheless, this concept seemed much too complex for Gordo to grasp as she insisted on advising Mr. Carvahal of his sentencing guidelines per the scoresheet! At one point, in an off the record side bar, Gordo went as far as telling me, Mr. Ostrow, the motion to Dismiss is neither here nor there. REALLY? To this I responded, To the contrary your honor, the Motion is BOTH HERE AND THERE and until you RULE, I refuse to engage in further discussions as to any plea. Gordo then again reminded both myself and Carvahal that he was looking at 11.8 years Florida State Prison at the bottom of the guidelines on a plea and a max of 20 years Florida State Prison. After having had my fair share of bullshit, I advised the court that if that is the offer it is hereby rejected! Interestingly enough, once I rejected he Courts offer of 11.8 years in Florida State Prison, the court, as reflected by the transcript, summarily DENIED the very same motion she indicated only minutes before that she would NOT rule on (today) due to the need to review applicable case law etc. I then challenged Gordo and inquired, upon what facts is the court relying in its denial of our defense motion to dismiss? to which she replied, The record is what it is. WHAT?? I then advised,so the court is not going to answer me as to what the basis of your decision is.......what is the basis of your decision? The court: I have ruled. Have a nice day. Heard enough? Gordo has sinced been moved out of that criminal division and the Carvahal saga continues. So, I guess all the fodder about our infamous Broward bench aint exclusive........is it now???
Posted on: Thu, 15 Jan 2015 21:27:42 +0000
Trending Topics
Recently Viewed Topics
© 2015