Smoke and Mirrors?

Reports are dribbling in regarding the Marlins case currently being tried before Judge Cohen. I've heard that Bob has been a bit scattershot but is improving, and that Sandy is playing to a nonexistent jury. Oy.

This report of yesterday's proceedings gave me a chuckle:

After a brief appearance by Jim Villacorta, executive director of Miami's Community Redevelopment Agencies, University of South Florida economics professor and author Philip Porter took the stand as a witness for Braman.

Porter detailed how studies he's conducted show the limited impact that sports facilities have on the public -- disputing the county's contention that a facility adds to local residents' quality of life.

But that was quickly questioned by attorneys for the county and the Marlins. ''Your honor, smoke and mirrors. He's an economist. He doesn't live here. He hasn't lived here for years,'' said Marlins attorney Sandy Bohrer, who represents The Miami Herald in unrelated matters.

With the witness seated, Braman attorney Bob Martinez began a slide show taken by Porter of two Tampa-area professional stadiums -- one for baseball, another for football -- showing poor conditions in the surrounding area.

PURPOSE OF SLIDES

It was meant to show how building a ballpark in Little Havana would offer little for the community.

But the pictures were quickly dismissed as evidence after strenuous objections from Assistant County Attorney David Hope and Bohrer -- when it was discovered they were shot after Porter's deposition was taken.

What the hail is happening here? First, there's no rule that an economist needs to "live" in a particular area before rendering an expert opinion on the potential impact of an economic development on that area. Good lord, Sandy, if that's the best you've got on this guy you better keep trying.

Second, why the hail were these photos not part of this guy's expert report? And btw you don't have to go to Tampa to prove his point -- look at how the "quality of life" improved after they built the Miami Arena, or look at the quality of life in Miami Gardens after Joe Robbie got built. What a crock.

I remember taking the Metromover after work to see the Panthers play, throwing fake rats, all that crap. Now it feels like a distant, forgotten memory of the future, a Jetsons vision of what downtown could have been.

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Bruce Greer to the Rescue?

I told you no one wants to try a case in July. It seems Judge Cohen is urging the parties to mediate and settle the Marlins stadium case, and is postponing the trial in order to get a deal done:

Instead, she ordered the parties to try to reach a settlement out of court.

''We will resume Monday morning,'' Cohen said.

With those words, attorneys for Miami, Miami-Dade County and the Florida Marlins -- and their courtroom foe, auto dealer Norman Braman -- left the courthouse in a bid to resolve the impasse.

Hanging in the balance is the future of a plan to build a new baseball stadium in Little Havana and spur billions of dollars in other urban projects in Miami.

''If we can work something out for the community, that's my goal,'' said Braman, the 75-year-old billionaire who is fighting the plan to build the Marlins a $609 million baseball stadium and parking garage using mostly tourist tax dollars.

His contention: Government is planning to improperly use public dollars targeted for slum and blight. Officials counter that the so-called megaplan will spark a vital economic rebirth that will benefit Overtown as well as build a new stadium.

County Manager George Burgess had been expecting to take the stand Friday. Now, with a judicial nudge to settle, Burgess was asked whether he's hopeful a deal will come.

''You always want to remain optimistic,'' he said.

He said a settlement would save the community time and money, as local government and Marlins officials are racing to complete a new 37,000-seat stadium to open for the 2011 season. Braman's lawsuit is the biggest roadblock remaining to that vision.

Cohen's Thursday afternoon order may indicate an accord is in sight.

Some close to the mediation said items being discussed included the possibility of building a community center near the planned ballpark, or awarding more public access to the facility. Such moves may help satisfy Braman's quest for more public benefit from the megaplan.

Others said the standoff -- being mediated by former judge Bruce Greer -- hangs on whether the Marlins will give back some of the concessions the team received in December's Baseball Stadium Agreement engineered by Burgess.

Though the county would own the stadium, the Marlins would receive all monies from its naming rights, which to some teams is worth hundreds of millions of dollars.

This is a smart move all around. Poor Judge Cohen got stuck with this summer turkey, thanks to an attenuated conflict issue, and surely does not want to deal with this if she doesn't have to.

Bruce is a great choice for mediator -- a respected lawyer, businessman, developer etc. Is there any reason this man was not made a federal judge?

The community owes a thanks to Braman and his attorneys. It's just another example of how, in the absence of a motivated multimillionaire willing to put up huge amounts of cash (or where appropriate, the class action device), the government cuts deals that routinely go unexamined and business continues as usual in this corrupt, mismanaged town.

Dave, you'll soon be back to your weekly crappy movie reviews, and all will be right with the world.

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Trial in July

Not quite "Moonlight in Vermont," in fact does anyone really likes the sound of that phrase -- "trial in July," sorta like "prostate is enlarged" -- something you just don't want to hear. Anyways, our boy Billy Shields does a smart curtain-raiser on the Marlins trial set for bench trial before poor Judge Cohen on Thursday:

What will happen in the highly publicized trial set to start Thursday is anyone’s guess, but most of it will center on the baseball stadium.

Cohen devised an interlocking burden of proof for the bench trial.

Braman bats first.

Oh Billy, Billy oh Billy, say it ain't so -- a trial about a baseball team and you're going for the "at bat" imagery. I hope your editors made you put that one in. He continues:

His battery of lawyers, which include Coral Gables solo practitioner Gonzalo Dorta and Colson Hicks Eidson partners Roberto Martinez and Paul C. Huck Jr., must convince the judge that the private interest served by the stadium deal would serve a substantial private commercial interest.

If Braman can prove that, the onus shifts to the governments and the Marlins, who must prove to Cohen that the stadium deal was approved with the interest of a “paramount public purpose” in mind.

This doesn't make all that much sense, but assuming these burdens of proof are accurate, I'm betting Braman sustains his burden and Sandy and his bullpen does not. BTW, when is Scott Ponce finally going to get some ink? Sandy, step aside and let your star slugger take a turn at bat (there I can do it too Billy)!

Those involved or those observing, please send your reports my way -- anonymity guaranteed.

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Judge Echarte Is Related To Someone. Or Something.

In a bombshell dropped only days before trial, Bob Martinez filed a motion to recuse Judge Echarte in the Miami Megaplan suit, and the Judge granted the motion:

Miami-Dade Circuit Court Judge Pedro Echarte Jr.'s mother is first cousins with attorney Bob Martinez's sister-in-law. The judge signed the recusal order from the high-profile case after Martinez, representing auto dealer Norman Braman, requested he no longer oversee it.

The Braman team's legal move came after a series of court decisions have gone against the millionaire businessman -- and in favor of the city, county and Florida Marlins, who would benefit from the slate of public-works projects Braman is trying to stop.

''I'd say Mr. Braman thought he was going to lose,'' said Marlins attorney Sanford Bohrer -- who represents The Miami Herald and other media in other matters.

Bohrer called Martinez's request ``the weakest motion to disqualify I've ever seen.''

Martinez said the rulings played no part in his request, writing that the judge should remove himself ``because of the court's desire to ensure that no one could question its impartiality in hindsight.''

Martinez, a former U.S. attorney, learned of the relationship Tuesday evening from his brother, and said he confirmed it Wednesday. ''In order to avoid any issues, we thought the prudent thing to do was to file a motion and bring it to the court's attention,'' he said.

Are you kidding me? It pains me to say this, but Bohrer is right -- that motion is a crock. And why did Judge Echarte grant it? My guess here is that Martinez didn't think the motion would be granted, but wanted it in his pocket for appeal. The timing certainly is curious, to say the least.

Did Judge Echarte not want to preside over this trial, because otherwise the prudent thing to do would have been to deny the motion and allow Martinez to take an interlocutory appeal, which would have been denied. Wow. While Echarte goes away on his vacation, the case now goes before poor Judge Jeri Beth Cohen, who is in the midst of a tough reelection campaign.

This is a case of hot potato -- surely Judge Cohen's mother's sister's second niece twice removed is related to someone on the trial team? For her sake I hope so.

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Republican Plaintiff Lawyers Celebrate Crist's Marriage to Real Live Heterosexual Woman!

Howdy folks, so are you on the guest list to the Gov's big "marriage" thingy?

What's that, you won't say?

Oh I get it -- don't ask, don't tell.

Well the Herald leaked a few names anyway -- funny, they all happen to be hotshot Republican plaintiffs' lawyers: Roberto Martinez, Dean Colson, and Paul Huck, Jr., all of Colson Hicks.

Also good guy, former federal law clerk, and current power broker Manny Kadre. That guy gets invited to everything.

Have fun, boys!

Meanwhile, did anyone catch this story in yesterday's NYT on the fledgling "liberal" equivalent to the Federalist Society, something called the American Constitution Society:

When Eric H. Holder Jr. addressed a convention of the American Constitution Society for Law and Policy in June, he urged young lawyers to get involved in the liberal legal network, saying America would soon be “run by progressives.”

“With this new administration that will be taking its place in January of 2009, you know, we are going to be looking for people who share our values,” said Mr. Holder, a member of the society’s board. He added that a “substantial number of those people” would probably be “members of the A.C.S.”

Six months later, Mr. Holder is preparing to take over the Justice Department as President-elect Barack Obama’s choice for attorney general. And the American Constitution Society, founded in 2001 to be a liberal counterweight to the conservative Federalist Society, is rising to power.

Although Mr. Obama has just started to fill the thousands of politically appointed jobs in his administration, the society’s affiliates are already well positioned to shape legal policy, hiring decisions and judicial nominations for years to come. In addition to Mr. Holder, other prominent officials in the new administration who have ties to the society include Lisa Brown, the White House staff secretary; Melody Barnes, who will direct the Domestic Policy Council; and Ronald Klain, chief of staff to Vice President-elect Joseph R. Biden Jr.

Three other society board members are on the transition’s agency review team, and observers expect that the Obama team will turn to society members to fill subcabinet positions and judgeships.

“People who are committed enough to a progressive vision of the law to work for and with A.C.S. when progressives are out of office are going to be a natural resource when the electoral winds shift,” said Orin S. Kerr, a conservative-leaning law professor at George Washington University who has spoken at society events.

But with power comes temptation. Several society leaders said they were mindful that the Bush administration had gotten into trouble by considering applicants’ affiliations with ideological groups like the Federalist Society when hiring for nonpartisan positions.

“That will not be repeated in the Justice Department in the next administration,” vowed Dawn Johnsen, a law professor at Indiana University who is an American Constitution Society board member and co-chairwoman of the transition’s Justice Department review. “I feel like I can say that with confidence.”

While of course I know of the Federalist Society -- how many times do I have to see Richard Thornburgh at the Miami City Club drone on about constitutional protections in the Age of Terror? -- I personally have never heard of the ACS.

Yet apparently there is a South Florida chapter, run by Steve Rosenthal over at the Podhurst firm.

Since it's unlikely Steve will be at the big St. Pete wedding, maybe he can weigh in on what the ACS is doing locally. If it involves Dick Thornburgh and the City Club, count me out.

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Where in the World Is Roberto Martinez?

Between battling evil anti-evolution luddites (sorry for the misread earlier, Bobby!) and not appearing much at Tax and Budget Reform Committee meetings, it's a wonder Roberto has any time to practice law:

According to commission attendance records, members who have had the most no-shows include Lee County Circuit Court Judge Bruce Kyle, who has attended 18 percent of the meetings; Miami lawyer Roberto ''Bobby'' Martinez, 29 percent; Mark Bostick, president of Comcar Industries in Winter Haven and Alan Levine, outgoing president of the North Broward Hospital District, 53 percent, and Miami attorney Carlos Lacasa, 59 percent.

But you know, if this was baseball, hitting .290 would be pretty respectable, especially for the Marlins.

There's really only one solution: Doug Kinney, Doug Kinney Doug Kinney....

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Yes Virginia, They Still Write Letters.

Yawn....I started to read the letter Roberto Martinez felt compelled to share with Herald readers, but then I got a bit sleepy.....

Tuesday, democracy in America won. It is now time to come together and to give our full support to Barack Obama, a person of extraordinary qualities and skills. He earned and deserved his victory. He has the ability to lead our country effectively and be a successful president.

Zzzzzzzz.....Huh?

Oh yeah, I was reading Roberto's letter. Good points and all, a bit platitudinous but let see what else he has to say:

Regardless of how we voted, the differences in our political views are small. We share common principles and values, and with that common bond we stand together strong.

Ok. I mean, I agree with that, shouldn't everybody?

Boy my eyes are getting tired, let me try to get through this, what else:

It is time to celebrate and to get to work as a united country. I congratulate Obama for his historic victory and thank John McCain for his lifetime of service and sacrifice to our country. We were fortunate to have two exceptional people as presidential candidates. We now have one person who will be president -- for all of us. He deserves our full support.

Oh man, Roberto. If you're going to write the Herald, you need to punch it up a little. You have to consider that your letter will appear right next to this sweet woman who thinks America has been cursed by God for electing Barack Obama.

See, now that's the sense of drama and blinding stupidity that Herald letter editors love.

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Roberto Martinez Is Highly Evolved

There is an important vote before the Florida Board of Education over whether or not to update Florida's education protocol so that evolution is not just mentioned in passing, but is instead a mandatory teaching topic in Florida's public schools:

Nearly 150 years after Charles Darwin revolutionized biology, evolution will become required study in Florida classrooms if the state Board of Education approves new science standards Tuesday that explicitly names the ''E'' word for the first time.

The standards, which haven't been updated since 1996, were written by scientists and educators to modernize Florida's science education curriculum, which has been derided by mainstream science for years, in part for lacking explicit mention of evolution.

Now it's not just going to be mentioned. It's to be taught, from sixth grade on up, as ``the fundamental concept underlying all of biology [that] is supported by multiple forms of scientific evidence.''

The fact that evolution is absent from the current standards attests to the perceived weakness of science education as well as to the power of the religious right and other evolution opponents who have launched a full-scale assault on the proposed standards by tapping rank-and-file churchgoers, intelligent-design activists and a high-powered lawyer involved in the nationally watched Terri Schiavo euthanasia case.

So how does Colson Hicks litigator and board member Roberto Martinez feel about all this, given the growing "science gap" between moribund American students and overachievers in Japan, China, and Europe:

Roberto Martinez, a Miami-based board member, said he'll vote to keep the proposed standards as is because he trusts the National Academy of Science and the American Association of the Advancement of Science, which praised them.

Hey, I praised Britney Spears once, but that was a long time ago and I was blind drunk and....well, let's just say that was a long time ago.

Roberto, let's hope you have a similar excuse when you explain your vote to parents of Florida public school students.

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