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1 posted on 05/28/2002 5:04:16 PM PDT by marshmallow
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To: marshmallow
She figured her son would be assigned to a public defender for the restitution hearing.

Baloney,she thought if they showed up without a lawyer the Judge would postpone or go easy.

They were told to get a lawyer and they didn't.

Tough.

3 posted on 05/28/2002 5:14:24 PM PDT by mdittmar
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To: marshmallow
"I'm like, dang. The way they speak and the way they put their words, I don't understand

Awww... our public edukayshin system at work...

5 posted on 05/28/2002 5:23:51 PM PDT by ambrose
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To: marshmallow
Bad reporting job. Why was one defendant represented by the Public Defender's Office but not this "ah shucks" car theif? Doesn't sound like he came out to badly though. Four to five grand is what is costs to fix stolen cars. Not a word in the article of expense, distress, etc., faced by the real victim here, the car's owner. Hope this kid learns something here.
12 posted on 05/28/2002 5:49:58 PM PDT by Draco
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To: marshmallow
Nielsen ordered restitution of $4,608.94

Considering that the little miscreant was guilty (already determined, I note...and with private counsel!), the judge seems to have been the very soul of fairness.

Not arranging for a public defender in a timely manner was a further irresponsible act. And appearing in court dressed in a t-shirt is idiotic at best. If they could afford a private attorney to begin with, surely they could acquire an inexpensive dark suit as well.

Now as to whether the victims of the crimes will ever see a dime....I hesitate to speculate. I would not be optimistic.

13 posted on 05/28/2002 5:50:51 PM PDT by neutrino
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To: marshmallow
The Judge, if he's allowed to stay on this case, is in deep doo doo. Not only did the defendant ask for a lawyer and was refused an attorney by the judge, but he didn't do a simple review of the defendant to see if he made a knowing and intelligent waiver of an attorney. That's mistake number one.

Mistake number two was proceeding with the on-the-record hearing with the defendant claiming he didn't understand the proceeding and continuing to request an attorney and the judge barrelling along to assess the restitution despite the defendant's protests. You can bet the public defender's office, once it gets off its butt, is going to appeal this, and the judge is going to be hauled before the Judicial Review Committee. Heck, the kid may not even have to pay the restitution because the judge screwed up so badly.

Mistake number three was not recognizing the reporter.

You might be able to excuse the fundamental lack of knowledge about the law and case law, but you cannot excuse the absolute stupidity of the judge in not recognizing a reporter on the courthouse beat busily scribbling notes.

17 posted on 05/28/2002 6:17:29 PM PDT by Catspaw
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To: marshmallow
The horror...
19 posted on 05/28/2002 6:30:58 PM PDT by pabianice
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To: marshmallow
In the words of Harry Callahan: "I'm all broken up about this man's rights."
26 posted on 05/28/2002 6:57:53 PM PDT by mrfixit514
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To: marshmallow
I smell something:

"Restitution hearings are routine and are rarely covered by the press. A reporter for the St. Petersburg Times chanced upon Elias' hearing. His mother later gave a tape recording of the proceeding to the reporter."

Sure you did. Then this:

"...when Gov. Jeb Bush appointed him to the bench in November 2000."

then this is thrown in:

"He had no judicial experience before his appointment."

In 2002, this is the start of a lot of crack investigative journalism. Forget any IJ on a Dim however, only Repubs are ever under scrutiny.

29 posted on 05/28/2002 7:11:23 PM PDT by HighWheeler
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To: marshmallow
"I'm like, dang. The way they speak and the way they put their words, I don't understand

Oyea, estupido! Tu ozo mucho donero! $4,608.94

32 posted on 05/28/2002 7:17:03 PM PDT by Hot Tabasco
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To: marshmallow
This verdict or whatever it is will be bounced in a hurry.
35 posted on 05/28/2002 7:20:21 PM PDT by Torie
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To: marshmallow
What the heck? This judge allowed the proceedings to go on without the boy, a minor, having counsel???

Bet that judge will NEVER again make that mistake when this is reversed upon appeal....

42 posted on 05/28/2002 7:37:43 PM PDT by jude24
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To: marshmallow
The biggest threat to liberty, is the law and the inequal application of it. As far as I am concerned, we don't need lawyers, or judges. Have judges appointed from jury pools, write the laws in common language, and allow juries to ask questions of defendants. Of course in that way, we would have better justice, understandable laws, and massively lower insurance rates, doctor bills, and taxes.
47 posted on 05/28/2002 8:03:51 PM PDT by jeremiah
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To: marshmallow
A short course for the young Elias in "Judicial Proceedings 101". Evidently a less than passing grade.

"I'm like, dang. The way they speak and the way they put their words, I don't understand!"

You gonna live here, better learn our ways son!

51 posted on 05/28/2002 8:15:06 PM PDT by HardStarboard
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To: marshmallow
This was a restitution hearing. A plea of guilty had already been entered. Was this done under advice of counsel? Did he, in fact, waive his right to an attorney? If so, he got what he deserved.

By his own admission he was GUILTY. Too late to whine about sentencing.

76 posted on 05/29/2002 6:50:01 AM PDT by Bloody Sam Roberts
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To: marshmallow
I'm like, dang. The way they speak and the way they put their words, I don't understand

I don't suppose it occurred to him to think, "I'm like, dang. If I had stayed in school and paid attention I'd understand"

I used to work as a probation investigator, so I spent a lot of time in court. It never ceased to amaze me how ignorant of judicial system most people are.

BTW, before being too hard on this judge, it was fairly clear to me that this was a hit piece on a Jeb Bush appointment, and, as such, I'm sure there is more to this than the reporter chose to tell us.

82 posted on 05/29/2002 8:27:47 AM PDT by CaptRon
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To: marshmallow
Elias' mother, Evangeline Castillo, had hired a private attorney to hammer out a plea agreement weeks earlier. But she could not afford to retain the lawyer, Tina Dampf, any longer.

She figured her son would be assigned to a public defender for the restitution hearing.

"Mr. Elias, do you have a lawyer representing you in this matter?" Nielsen asked the youth at the beginning of the hearing. He said he did not.

"So, Ms. Dampf is no longer representing you in this matter, is that correct?" Nielsen asked.

Yes, Elias said.

"All right, well we're going to proceed . . . at this time," Nielsen said.
In other words, you knew you wouldn't have a lawyer for this hearing, since you knew you couldn't afford the lawyer you had before. And, since you knew this, and you didn't make alternative arrangements (i.e., asking for a public defender), then the court can only interpret that you don't want a lawyer.

In addition, the judge asked the defendant if he had a lawyer. It is not the judge's place to advise of Miranda rights; that responsibility belongs to the arresting officer. Defendant had a lawyer, and gave her up - the reason is immaterial - it's the defendant's responsibility to replace said lawyer, and that includes asking for assistance from the court when necessary. If you don't, then that's on you.

Word of advice to the mother - never have a battle of wits with an unarmed opponent; you are obviously unarmed...

87 posted on 05/29/2002 8:42:05 AM PDT by mhking
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To: marshmallow
This was not a trial, it was a restitution hearing.
The defendant had already been convicted of the crime, even though he had a private attorney.
Is it the LAW that a court appointed attorney be appointed for a restitution hearing, especially when there had been a private attorney retained for the actual trial?

On a seperate note, if the boy AND his mother didn't have enough sense to dress him properly when going before a judge then they should expect that they will not receive the best of reviews.
Didn't even have to be a suit. A decent pair of jeans and a collared shirt would be enough.

92 posted on 05/29/2002 8:56:47 AM PDT by Just another Joe
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To: marshmallow
Restitution hearings are routine and are rarely covered by the press. A reporter for the St. Petersburg Times chanced upon Elias' hearing. His mother later gave a tape recording of the proceeding to the reporter.

Really!? I hope she is being posecuted now. She can't legally tape that under Florida law.

100 posted on 05/29/2002 9:38:03 AM PDT by FreeTally
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To: marshmallow
Fair judge

Spoiled wise ass brat defendant

enabling parent who should also be forced to pay restitution for not keeping her kid in school.

124 posted on 05/29/2002 12:26:14 PM PDT by eleni121
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To: marshmallow
This is Florida where the judges know best based on their interpretation of intent. Just ask their SC.
132 posted on 05/29/2002 1:31:48 PM PDT by VRWC_minion
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