Prosecutors Reject Limbaugh Proposal

Miami Herald ^ | 1/23/04 | Jill Barton

[PokeyJoe]

The sunshine law, as you described it, only applies to state attorneys and not to private attorneys. correct?


So, sue the state. unequal protection.

[OldFriend]

Addiction is separate from pain. Two different problems. Both need to be addressed.

[tcuoohjohn]

Actually no. Roy Black is , as he should be , a zealous advocate for his client. In keeping with that charge he has hurled numerous accusations, both ethical, criminal, civil and ungodly against the State's Attorneys Office in an effort to get the SA to find an easier path for his client. Now...what you don't see Roy Black filing an ethics complaint with the Florida bar or citing which violation of either ethical canons or criminal law to which he alludes.

The headers on his memoranda cite general provisions of FS 90.408 and FRCF 3.172(h) which specifies the communications cannot be used at trial proceedings or sentencing. A pissing contest between Roy Black and The SA's office, while interesting, is not part of a trial proceeding.

[tcuoohjohn]

The Sunshine Law applies to government functions and says nothing about private communications. Roy Black preferred to communicate with the SA's office and thus all memorandum become subject to the Sunshine Law in that they are a record of a government function. Mr. Black is equally free to publish, cite, or post any communications by Mr. Krisher's office to him. Your 14th Amendment theory is fun and amusing but beyond that doesn't hold much water.

[tcuoohjohn]

FS 90.408 and FRCF 3.172(h) refer to general provisions prohibiting the introduction of plea negotiation communications or content in trial proceedings. A pissing contest between Roy Black and the SA's office is not a trial proceeding.

[RS]

fs 90.408

90.408 Compromise and offers to compromise.--Evidence of an offer to compromise a claim which was disputed as to validity or amount, as well as any relevant conduct or statements made in negotiations concerning a compromise, is inadmissible to prove liability or absence of liability for the claim or its value.

FRCP seems to refer to FLORIDA RULES OF CIVIL PROCEDURE

but I can't find that number yet -
anyone get it please ping me

[RS]

"Roy Black preferred to communicate with the SA's office and thus all memorandum become subject to the Sunshine Law in that they are a record of a government function."

It also applies to audio tapes, I wonder if we will get transcripts of the phone conversations also ?

Enquiring Minds want to know !

[tcuoohjohn]

No...Florida has a wiretapping law that requires both parties to agree to recording telephone conversations.

Thus you won't hear any phone conversations between Black and the SA's office.

[RS]

Bummer- Guess thats why the SA wanted things in writing - can't really trust what Black says if you haven't got proof...

[tcuoohjohn]

Yes...in sum it means that no content of negotiations, written, oral, or implied between the contending parties are admissable as evidence in any subsequent trial.

The Court of Public Opinion is another matter, however.

In sum?...Roy Black assumed the prosecutors were stupid. It was a very bad assumption.

[tcuoohjohn]

Roy Black is a very good lawyer. The goal here is to try to poison a jury pool if it should come down to a trial ( highly unlikely. If Roy Black had a slam dunk case he wouldn't be negotiating.) The SA has countered Roy Black's media campaign with a release of plea negotiation documents via a request of the Orlando Sentinel under the Sunshine Law provisions. While it is unusual it is entirely legal and ethical.

The timing of the request was very fortuitous for the States's Attorney's office.

[Wild Irish Rogue]

" If Roy Black had a slam dunk case he wouldn't be negotiating."

Can you see a plea deal where the SA would agree to anything less than a felony ? I can't imagine Black's client agreeing to any deal, where he would plead guilty to a felony.

[PokeyJoe]

So, can I sue the gummit for any "communication" recieved by state officers and the DNC/Gore Campaign following the 2000 election?

[Cold Heat]

same line 15 times, with each new development of the story?

Did'nt this occur before Rush went to rehab?

[tcuoohjohn]

In Florida yes...you don't even have to sue..Just ask for it and pay for the clerical costs. Think the going rate is four bucks per page.

[tcuoohjohn]

He can if he imagines a conviction and confinement for 100 days in the County Jail.

One poster noted that the deal offered by the SA's Office includes no jail time, probation, and subseguent expungement provided he meets the terms of the plea deal.

Will the SA accept anything less than a plea to one felony count?...No. Will Rush plea to a single felony count?..my guess is yes after he has exhausted every other avenue. The options are growing smaller every day.

[hosepipe]

correction;
Prosecutors Reject Limbaugh Roy Black's Proposal

[tcuoohjohn]

Not really...An attorney cannot make plea offer without the consent of his client. Roy Black would be required to consult with his client before making a plea offer or Rush would have to authorize Black to make any and all plea offers related to his case. Either way the plea offer is Rushes not Blacks. Black isn't the one who is in jeopardy.

[jetson]

Rush should just reverse the whole direction of this bs and start digging up dirty laundry on all of these dirt bags and exposing them on national radio. When your opponents are slime balls you need to dig deep and hit them low with their own form of bile.

[tcuoohjohn]

Sorry I failed to respond to your post in a timely manner.

Yes..I would infer from the statement that Rushes drug rehab includes no monitoring private or court ordered. Since Rush was not subject to any legal jeopardy when he entered rehab the court had no involvement in his treatment regimen.