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.
Can you fix the focus on a blurry photo after the fact?
The birth of Mirrorless Cameras
MiMedia, letting you access your media, wherever you are
Lightroom 4 on Apple's Mac App Store
Choosing your first dSLR camera
New York City can be beautiful!
The Fujifilm Finepix X10, A Review
Choosing the Right Light Stand
Photojojo iPhone Telephoto Lens review — AudioCast
My week with Q
How To Become A Successful Photographer
"When the Wind Stopped" — poem with 4 photos
Strategies for shooting action
20 Tips for Insects on Flowers
Cast aways - saving those photographic memories
One Man Show: My 25 Years With Digital Photography
Studio, Flash, & Available Light — Three Books Reviewed
Portrait styling: dangerous pairings
Adobe Photoshop CS6 Product Managers Interview Audiocast
A gift of flowers: unfold your senses
On Set of "Love & Robots" the Film
Ilford Galerie Gold Fibre Silk Inkjet Paper — Audiocast











Planning “National Geographic” style photo travel
Wilderness Travel 1 Rainforests – Essential Gear
Backlighting Basics
A Brief History Of Light & Photography: Part 3 of 3
A Brief History Of Light & Photography: Part 2 Of 3
What Moves You?
FIGURES IN MOTION: Decades of Evolving Personal Imagery in Photography, Part 7
Lomography Store, Austin, Texas — GALLERY
GALLERY — Up to $1,000 Reward for Cattle Rustlers
Taking your Portraiture Higher
The "Bible" of Time-Lapse Photography
Interview with Harold Davis — Closeup Maestro of Flowers & Water Drops
Interview with Steve Caplin — Photoshop Digital Artist, Commercial Illustrator, & Author
Easy technique to select, edit and sequence keywords for web
How much should you charge for a photograph?




























Comments
So… The delaying tactics begin.
Looking up. Keep up the good fight. One small step at a time for greater victory!
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….
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.
They weren’t sick.
After catching wind of your appeal victory,
they wet their pants.
way to go Carlos
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!
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?
I’d score the first round to you.
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.
This is good exercise for my smile muscles…
Well done CM.
Maybe we need Cheapass Games to make a special Miami Beach version of their popular game “Give Me The Brain”.
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.
Good news. Grats. As always, gl.
Beautiful. Congrats, Carlos!
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.
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
Well, Fernandez can get something through his thick skull, apparently.
Good job, Carlos
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?
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.
“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.
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.
“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.
Post new comment