Note to Sandy Bohrer -- Tom Petty Was Right.

The waiting is the hardest part:

After an exhaustive genealogical search, Judge Cohen has been unable to conclude that she, too, is distantly related to Bob Martinez. Not only that, her efforts to get the parties to settle informally have been a bust. Then the defense had the nerve to rest. And she's got a tough reelection battle looming, with a vote on August 26. What to do, what to do:

Cohen said she'll wait to make a decision on a key remaining count until the Florida Supreme Court finishes work on a case involving the use of public money without a vote. The justices are on break until the end of August.

The announcement enraged the defense, which had won every key ruling until now but fears a delay could doom the team's long-sought dream stadium.

"My client's finances are hanging by a thread, we may not be able to hold on to August," bellowed Sandy Bohrer outside the courtroom.

I'm kidding, of course. Here's what he really said:

When Marlins attorney Sandy Bohrer told the judge she had an obligation to rule and city of Miami attorney Henry Hunnefeld said there was no guarantee the Supreme Court would rule anytime soon with three members set to retire by year's end, Cohen said she resented the pressure.

''This is about me doing what is intellectually honest. They're going to make this opinion before these justices leave. I have an obligation to wait,'' she said.

Sandy, if you think waiting a month for a ruling is an unaccountable outrage, don't try practicing in federal court.

But let's try to understand exactly what poor Judge Cohen is thinking here:

In an Escambia County case, the Supreme Court initially overturned almost 30 years of precedent by ruling that property-tax money used to pay off bonds needs to go to a public vote. Later, they agreed to rehear a motion and have yet to issue a final order. Cohen said she fears the justices may change their minds, and that she's trying to avoid having her decision overturned.

''The law is unclear; there's a lot at stake,'' said the judge. ``I think they're going to recede from it -- but they haven't done it yet.''

Ok folks, that case does seem kinda relevant. What's the harm in waiting a month so as to be guided by directly applicable precedent? Plus, Judge Cohen and Justice Quince are about to be pen pals:

Cohen said she will send a letter asking Supreme Court Justice Peggy Quince when the court will rule.

Aww! And there's more:

For about 90 minutes before she announced her decision Tuesday, Cohen had the court watch video of the Supreme Court wrangling over their ruling. ''What I hear is in fact the court may have gotten itself into a quagmire here,'' she said.

God I love Miami.

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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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