Judge recuses himself; trial will be rescheduled

 

 
If only I had a camera, I would have captured the look on Judge Jose L. Fernandez’s face when my attorney asked him to recuse himself from my case.

Well actually I did have a camera. It’s rare for me not to have one. But I wasn’t going to push my luck in his courtroom. Not after our history.

But even before it got to that point, my attorney, Arnold Trevilla, asked for the case to be dismissed because the arresting officer had not shown up.

Miami Beach Police Officer David Socarras claimed to be sick, just as Miami Police Officer Anthonius Kurver claimed to be sick on a trial date of my previous case.

Had it been me who was sick, I would have needed a doctor’s note or else be faced with an arrest warrant.

But police officers have a lot more credibility than me and you. At least in certain courtrooms.

When asked to recuse himself, Judge Fernandez acted confused, claiming he had not read the appeal mandate, asking if he was required by the appellate court to do so.

He then recused himself. Otherwise we would have filed a motion to have him recused.

The trial will be rescheduled in front of another judge. I am also facing a different prosecutor than Ignacio Vazquez, who is considered one of the top prosecutors by his peers.

So that’s good because I don’t know if I could afford another Pyrrhic victory.

Comments

Anonymous
Anonymous

So… The delaying tactics begin.

Anonymous
Anonymous

Looking up. Keep up the good fight. One small step at a time for greater victory!

Anonymous
Anonymous

Oy vey….Sounds like the Miami Beach police and the Miami Beach legal system are all fighting for custody of the same brain cell… I guess the judge didn’t get it on this day….

Anonymous
Anonymous

Damn, I wish you had that picture. It would be great to see it day on the right side of my screen.

Hope you win this one first time out, and good look.

Anonymous
Anonymous

They weren’t sick.
After catching wind of your appeal victory,
they wet their pants.

Anonymous
Anonymous

way to go Carlos

Anonymous
Anonymous

CONGRATULATIONS! Acknowledging that the system is flawed and biased is the first step. Making it work for you is the next step. Patience, diplomacy, and perseverance are key. NEVER GIVE UP Carlos!

Anonymous
Anonymous

Isn’t there a constitutional amendment where you get to face your accusers? man, florida doesn’t give a flying toss about the constitution, does it?

Anonymous
Anonymous

I’d score the first round to you.

Anonymous
Anonymous

Good job. Just remember, delaying tactics can work for you. I delayed several times in a case against me. Also, do you expect the judge to be any better than the cops. Like you said, they are all in bed together.

Anonymous
Anonymous

This is good exercise for my smile muscles…

Anonymous
Anonymous

Well done CM.

Anonymous
Anonymous

Maybe we need Cheapass Games to make a special Miami Beach version of their popular game “Give Me The Brain”.

Anonymous
Anonymous

A “Pyrrhic victory” is dependent upon the location of /your/ goalposts. You cannot move the other guy’s goalposts, but you /can/ move your own. You are aware of your limiting factors, Carlos – can your ‘posts be moved far enough to declare victory?

I’m not blowing smoke – I had a small-claims beef with a landlord, one where i knew I couldn’t win outright (i.e. walk away playing him nothing). What occurred to me is that I could lose /less/ than her did, by running up the lawyer’s time, and winning the most favorable verdict i could get. It worked – I ended up paying the legal minimum, which was far less than the LL was demanding, and wasted several hours of his lawyer’s time. By my estimate, the amount he “won” wouldn’t cover the lawyer’s bills, even assuming a retainer deal where the rate would be $25/hour.

Flexible, creative thinking, sir. Make the situation work for you wherever you can. HTH.

Anonymous
Anonymous

Good news. Grats. As always, gl.

Anonymous
Anonymous

Beautiful. Congrats, Carlos!

Anonymous
Anonymous

Did you have to tell him that the appeals court thought he was biased? Or did he read the opinion himself once you asked him to? Was he angry? I’d like to savor the tears this jerk had. More details, please.

Anonymous
Anonymous

A net positive — and lack of prosecution witnesses a good sign for the future.
South Florida Lawyers´s last blog ..3d DCA Watch — CANCELLED DUE TO LACK OF ANYTHING TO WRITE ABOUT

Anonymous
Anonymous

Well, Fernandez can get something through his thick skull, apparently.

Good job, Carlos

Anonymous
Anonymous

Carlos, how can we legally get cameras into the court room? I know you can make audio recordings, but how can we get video legally?

Anonymous
Anonymous

Marty,

It’s just a matter of getting prior approval. The TV news does it all the time.

However, they only allow one camera in at a time. That one camera serves as a pool camera for the rest of the news organizations, if they want the footage.

Not sure how it works if you’re not with a news organization.

Anonymous
Anonymous

“Not sure how it works if you’re not with a news organization.”

What news organization are bloggers with?! I amost got arrested by a bailiff last month for taking photos during a hearing. The prosecutor then went on to ask the judge for the hearing to be heard in chambers in private so I wouldn’t write about the hearing.

Anonymous
Anonymous

Under the law, journalists have no more rights than non-journalists, but I’m sure the courts will ask for a legitimate reason to bring in a camera.

A blogger should be able to justify it as a newsworthy event, but I’m not sure how they deal with that.

I would like to bring in a videographer to my trial for my own documentary purposes.

Anonymous
Anonymous

“I would like to bring in a videographer to my trial for my own documentary purposes.”

exactly. Camera and or audio recording device is like kryptonite for prosecutors. They turn into bumbling fools. Keep us posted if you figure out how to get a camera in the court, I’ll do the same.

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