Kendall Coffey Slams the "Affluenza" Defense

Kendall Coffey on News Nation

Last week, Tamron Hall invited Kendall Coffey onto News Nation on MSNBC to discuss the latest high profile case in Texas, that of Ethan Couch.  The teenager is from a rich family and used his priviliged upbringing as a defense for killing four people in a drunk driving incident.  The judge sentenced him to ten years of probation and no jail time.

Kendall Coffey asserted that the defense was "appalling" and the case made the entire justice system look bad.  He further insisted that if "affluenza" is an actual condition, then it can be treated with fairness and accountability.  That would include jail time in this case.

Ethan Couch's lawyer told the media that taking Ethan away from his family for rehabilitation was the punishment that the teenager deserved.

Attorney Scott Brown said, "The consequences are that he is taken away from his family, he’s taken away from all the things that he’s been given.  He’s not going to have the truck to drive, he’s not going to have all the other things that he’s used to.  He’s not going to going to have his Xbox, he won’t have alcohol or drugs.  We are taking him away from his family and teaching him to be a responsible citizen, that’s a consequence."

The reply from Kendall Coffey was rich with sarcasm. 

"I’m grief stricken.  No Xbox? I’ll tell you how to keep someone if he needs to be somewhat removed from his parents- prison will do that."

Kendall Coffey continued, "And I want to come back to something you just mentioned.  What about a poor child who through no fault of his or her own is a victim of abuse, lives in a community that is fraught with peril, and makes some mistakes in life.  Does the system forgive you for that? There’s hardly any forgiveness at all. I’m sorry Tamron, but the contrast is just so dramatic, between rich and poor, as illustrated by this case."

 

Rod Blagojevich Drama Continues

 The appeal of former Illinois Governor Rod Blagojevich’s conviction and 14-year prison sentence has entered its final stage. Blagojevich was convicted of misusing his powers as Governor of Illinois in 2011 and believed to be committing “pay to play” schemes, including selling Barack Obama’s Senate seat after the 2008 presidential election.

 On July 13^th, 2013, Blagojevich filed an appeal with the 7^th U.S. Circuit Court of Appeals in Chicago. The appeal cites a judicial predisposition and jury bias. Blagojevich will have to convince the court that his convictions were unfitting and that the trial could have had a different outcome.

 The former Governor of Illinois was tried twice, in which the first trial had the jury hung on 23 counts and a conviction for one charge: lying to the FBI. In his book “Spinning the Law”, Kendall Coffey discussesBlagojevich’s first trial where a juror was quoted saying that “he was just talking” during his testimony and creating a new “blabbermouth” defense.

 In the book, Kendall Coffey states, “…the reality remained that by arresting Blagojevich before his wheeling and dealing reached actual stealing, prosecutors left some room for him to claim he may have neared the line of crime but never crossed it.”

 “Unless a ‘smoking gun’ shows stealing, it’s harder to convict for wheeling and dealing,” is Kendall Coffey’s spinning lesson for Blagojevich’s first trial.

Flickr CC via The Rachel Maddow Show

 In June 2011, Blagojevich was re-tried where he was found guilty of 17 remaining charges and sentenced to 14 years in federal prison.

 Blagojevich was elected governor in 2002 after serving on the U.S. House of Representatives for Chicago. Blagojevich has been incarcerated since March 2012 at a low-security prison in Denver. If his appeal is not granted, he will remain in prison until 2024.

Kendall Coffey on Elian Gonzalez Interview

Kendall Coffey- Elian Gonzalez

When Elian Gonzalez was six years old, he was fighting to stay in the United States, according to most who knew them.  Kendall Coffey was a U.S. attorney at the time of the high profile case.  Eventually Gonzalez went back to Cuba, where his father resides. 

In a recent interview with Cuban media, Elian Gonzalez denounced the United States government as imperialist and said that anti-Cuban freedom fighters only caused harm and pain.  Kendall Coffey told Steve Malzberg on Newsmax that his words were straight from the mouth of the Cuban government. 

“He was very happy to be in the United States when he was here," said Kendall Coffey.

"Of course he wanted his father to be with him, but he was very happy to be here at the time. We predicted at the time that he would become a trophy of the Castro regime, and that he would be indoctrinated and be fed a script of whatever the regime wanted him to say.  You and listeners can decide whether that prediction has come to pass. With respect to his mother, which is someone who we all feel very strongly about, she sacrificed her life to bring her son to freedom.  Many have lost their lives to come here and it’s a reminder of how incredibly lucky we are to live in the United States, because 90% of the rest of the world would give most anything to be here where you and I walk and breathe and enjoy life everyday.”

Some speculate that the Elian Gonzalez interview was an attempt by Cuba to start negotiations to free five men convicted of espionage in Miami.  Gonzalez called for President Obama to pardon them in the piece.  

Gonzalez was found near the shores of Florida in 1999, after a boat escaping Cuba had capsized and killed most of the passengers, including Gonzalez' mother.  Relatives in the United States fought to keep Gonzalez, but he was eventually sent back to Cuba.

Kendall Coffey on Spike Lee Tweet Lawsuit

Former U.S. Attorney Kendall Coffey appeared on the Steve Malzberg Show last week to discuss current legal cases.  One of the cases involved a family that is suing film maker Spike Lee.  Lee posted an address on Twitter that he claimed was the address of George Zimmerman, the man who shot Florida teen Trayvon Martin.  The address was incorrect, however, and the couple actually at the posted address recieved threatening letters and harassment.

Spike Lee tweeted an address he thought was George Zimmerman's

The George Zimmerman case gained a lot of attention from racial equality advocates and Lee was likely trying to incite the harassment directed at Zimmerman.  The couple is suing Spike Lee for either defamation or intentional infliction of emotional distress.  Kendall Coffey explained that while the case is sympathetic there may not be enough legal grounds for the lawsuit.

"People who value the law as you and I do like to say that for every wrong there must be a remedy.  This certainly seems like a wrong, at least the way it’s presented by the plaintiffs.  And one might think there must be some kind of remedy if indeed they suffered what we understand could well have been a firestorm of threats and abuse. 
"But a few years back the Supreme Court of Florida decided that the kind of claim for what they call violation of privacy, putting somebody or casting somebody in a false light through publicity that’s damaging, that by itself is no longer, in the state of Florida, a valid basis to bring a claim for damages. 
"What these individuals would have to claim is either something called intentional infliction of emotional distress, and it’s hard to think that they can show enough intentionality.  Maybe they can on the part of Spike Lee.  Or, they can present it as a claim of defamation, maybe they can get somewhere.  But, despite what makes us all sympathetic, if indeed what happened here is as they describe it, I’m not convinced they’re going to get to first base, and certainly not to second base, in terms of a lawsuit.  Given that the decision the Supreme Court of Florida made, which actually gives less protection for individuals whose privacy rights are invaded and are wrongly subjected to negative publicity.”

Kendall Coffey: Church and State Issues Will Go to Supreme Court

Should prayer be allowed at town hall meetings?

Kendall Coffey appeared on the Steve Malzberg Show on Thursday, November 7th to analyze current legal cases in the news.  The major discussion revolved around a case against the town of Greece, New York.  The case involves whether opening town meetings with a prayer is a violation of the separation of church and state.

Kendall Coffey commented on the case, and alluded to a future where the supreme would need to make a decision on religious traditions used in public forums.

“Of course the Supreme Court session began with these traditional words that included 'God save the United States and this honorable court.' Whatever your religious background, if you have money you will see the words in God we trust. So it is recognized fundamentally that it is part of the fabric of our country."

Coffey, a former U.S. Attorney, said that the major difference between legal prayer and illegal prayer in public settings is whether the pray is only a recognition of a greater authority, or if it is pushing specific agenda.

Kendall Coffey suspects that town of Greece will win, partly because the Obama administration has come out on favor of the practice of public prayer in this insance, and supports the town.  What makes the case interesting, is that it may serve as a catalyst for the issue to be heard by the supreme court.

What will the Supreme Court say about public prayer?

“This particular practice I think is going to be a very close call.  I would not be surprised if the Supreme Court validates and supports the town council in allowing this kind of public prayer because of the decision thirty years ago.  Recognizing that there is a higher power than any of us is part of our tradition whether it’s on our dollar bills or it’s when the Supreme Court is seated.  Keep an eye out not only for the result on this, I suspect the town will win, but whether the opinion is written in such a way that signals further development in what could be an emerging conflict or controversy.  Perhaps some new law.  This whole concept is emotional, and profoundly important, of church and state.”

Kendall Coffey regularly goes "Spinning the Law" with Steve Malzberg on Newsmax.

Kendall Coffey: Abortion Law has Political Agenda

Abortion Bill protest in Austin/ Flickr CC via Do512

A new law in Texas includes some of the toughest restrictions on abortion in the country.  The legal battle over the legality of some of the rules has been fierce.  Last week a judge ruled that the law would prevent a woman's right to an abortion and blocked its implementation.  Another court refuted that several days later.

The biggest issue in the law requires doctors that perform abortions to have admitting privileges at a hospital within thirty miles of the site. Another provision bans abortions after twenty weeks, except if the health of the woman is in danger. If a pregnant woman wants to induce an abortion by taking a pill, the state will require the pills to be taken in the presence of a doctor at a certified abortion facility. Lastly, beginning next September, all abortions must take place in a facility that meets the infrastructure requirements for an ambulatory surgical center.

Steve Malzeberg asked Kendall Coffey about the Texas law during the weekly "Spinning the Law" segment on the Steve Malzberg Show on Newsmax.  Malzberg commented on the requirement for doctors to have hospital practice privileges.  This is what Kendall Coffey said:

 

“That is certainly one of the issues.  Advocates of the law would say that abortion doctors had to be admitted with privileges in a nearby hospital, within thirty miles.  As you know, one of the things that establishes a credential for a doctor is to be granted privileges to practice in a local hospital.  It’s not automatically done, it’s not rightly done, it’s not as easy, frankly, as getting admitted to the state bar association.  It’s a significant validation of your professionalism and ability to grant the privileges to practice in a hospital.   

"Apparently a number of the doctors that perform this kind of procedure don’t have those privileges within thirty miles.  The Texas legislature has said that it’s a requirement and the judge following what is the law as of today presumably made the right decision of the existing law but advocates of these kind of laws, they aren’t simply trying to thumb their nose at the U.S. constitution.  They have a very thoughtful strategy for picking particular issues.  This is a type of strategy that no one should dismiss.  The outcome of this particular issue at the lower court level is not surprising.  But what’s going to happen when it gets to Washington and the nine Supreme Court justices will look at it? That’s much harder to predict.”

Wendy Davis/ Flickr CC via Do512

The law received the most media attention when legislator Wendy Davis performed a marathon filibuster to try and prevent it from being passed.  Wendy Davis is now running for governor of Texas.

Kendall Coffey on Teen Murderers

Danvers, MA/ Flickr CC via Jimmy Emerson

Kendall Coffey appeared on the Steve Malzberg show for his regular "Spinning the Law" segment last Friday.  Malzberg asked Coffey about two grisly murders in the news, one recent and one resurfaced case from decades ago.  Both murders were committed by juvenile offenders, but both could serving out long sentences as adults.  

Colleen Ritzer, a 24 year old teacher in Danvers, Massachusetts,  was slain earlier this month.  Her body was found in the woods near the high school where she taught math.  A 14 year old student, Philip Chism, has been charged with her murder.  Chism is currently being held without bail and will be tried as an adult.  Steve Malzberg asked Kendall Coffey about the legal perspective of trying teenagers who commit violent crimes as adults.

The other murder discussed was the appeal of Michael Skakel, a nephew of Robert Kennedy, serving prison time for a murder committed over 30 years ago.  Skakel is appealing on the ground of ineffective assistance from his defense attorney.  The murder of Martha Moxley occurred when Skakel was 15.

“The perspective of the law has shifted quite a bit over the last 30 years.  It’s not just about the so-called alleged offender, but the victims.  This 24 year old teacher was apparently was absolutely loved, appreciated and respected, and there’s no difference in a brutal murder whether it was a child or an adult," said Coffey.

The former U.S. attorney Kendall Coffey continued, "That’s part of the perspective, but the other thing is just recognition that young offenders commit terrible crimes and seem capable of making the choices.  Over the years, it used to be that the average killer was in their twenties.  Now a lot of alleged killers are in their teens.  So the system, to really deal with that kind of threat needs to recognize that someone who is able to carry out a brutal premeditated plan like this has the sufficient capabilities to be accountable as an adult.”

See the video of the interview below.  
 

Kendall Coffey Talks Bullies and Prisons on News Max TV

Kendall Coffey appeared on the Steve Malzberg show last week on October 18 to discuss legal cases such as the Rebecca Sedwick suicide in Florida and the California Supreme Court ordering reductions of prison populations.

Malzberg asked Kendall Coffey about the Polk County Sheriff's investigation into the parents of two alleged bullies. Twelve year old Rebecca Sedwick committed suicide last month. It is believed her death was caused by continual harassment from peers, primarily online. Police arrested two girls, 12 and 14, in connection with the case. When parents did not appear to comply with authorities requests to keep the girls off of social media, the sheriff decided to launch investigation into liability of the parents.

While Coffey expressed that the parents involvement is not the best example of parenting, the Florida attorney insisted that no crime has been committed.

She the whole video of Kendall Coffey on The Steve Malzberg Show below 

Kendall Coffey: Campaign Contributions are Free Speech

Kendall Coffey appeared on the Steve Malzberg show on October 10th for the regular "Spinning the Law" segment.  The highlights of the interview includes discussion about the Supreme Court weighing in on whether contribution limits for individuals giving to political campaigns are constitutional.  The general conservative members of the court say that contribution limitations are a violation of free speech.  Kendall Coffey agrees.

Flickr CC via Mary Mactavish

“I think conservatives as well as liberals would acknowledge that this is free speech.  Your ability to advocate your views in the political world is about as fundamental a thing as our founding fathers were focused on. So this is the heart of what first amendment free speech is about. So whether you are getting your message out by standing on a street corner holding a sign or doing it by funding candidates in causes you believe in it’s pretty clearly free speech. So the question is what are the justifications for limiting free speech, and as you know you have a really strong one for limiting something that is constitutionally protected. So, the issue in a case like is if you maintain a cap over a two-year cycle and that is all you can personally contribute, what is the justification for that? Is there a record that says keeping that cap in place will reduce corruption in politics? They just don’t have the evidence to point out that it will have any such impact. 

And consider a few other things. In the last election cycle there were a lot of allegations about super billionaires putting a lot of their own money into the election, but both sides had plenty of money.  It is very difficult to say that a few people have hijacked the system when there are so many different ways for candidates to raise money.  I think the allegation that caps are protecting us from corruption or protecting the system from the few controlling everything and disenfranchising those who are not wealthy are not very compelling at this point.”

During the interview, Kendall Coffey, Miami attorney, also discussed cases of child abuse, assisted suicide and Aaron Hernandez.

Miami's Strange Relationship with Cuba

In the United States, we have strong views on terrorism.  Since September 11, 2001, the sentiment against terrorism has been one of the primary political and social issues. Presidents have said that terrorism is not to be tolerated or negotiated with.

What is defined as terrorism can be fluid, however.  The United States' relationship with Cuba, for example, has created an interesting history of attacks, arrests and bureaucracy.  In 1998, Cuban intelligence agents in Florida uncovered a terrorist plot to blow up a plane full of tourists.  The information was delivered to the President of the United States, Bill Clinton.

FBI agents worked in Cuba to research and find evidence surrounding the plot, but made no arrests or attempts to find the known terrorists.  The intelligence agents from Cuba, however, were arrested and tried for spying.  They were tried in Miami, a city with a history notoriously anti-Cuban.

All five of the Cuban spies were convicted of espionage and treason, and four of them are still in U.S. prisons today.  This seems like the normal procedure for treating spies, but if it had been U.S. agents uncovering a terrorist plot on behalf of a foreign country, we would demand the agents to be returned home.

By the late 1990s, Miami juries had become so notorious in cases involving Cuban exiles that federal prosecutors in a different case opposed a defense motion for a change of venue from Puerto Rico to Miami for some Cuban exiles accused of plotting to assassinate Castro.

Miami “is a very difficult venue for securing a conviction for so-called freedom fighters,” former U.S. attorney Kendall Coffey explained to the Miami Herald at the time. “I had some convictions, but some acquittals that defied all reason.”

Kendall Coffey on Marriage Equality, Youth Sports and Zimmerman Drama

Kendall Coffey on The Steve Malzberg Show

The Steve Malzberg Show's "Spinning the Law" segment returned on Friday, Spetember 27.  The headlining story for the show was a recent case in New Jersey about same sex marriage.  The court ruled that due to the recent Supreme Court ruling on DOMA, banning gay marriage would be considered unconstitutional under the New Jersey state constitution.  Kendall Coffey told Malzberg that the momentum for gay marriage was leaning in the direction of allowing it and will not be too long before most states will approve it.  See the video below:

The show discussed several other cases as well. In New York, two boys are playing on the girls volley ball team because the boys team was disbanded.  The school district is trying to fight the decision for them to be allowed to play.  Mr. Coffey said that legally the boys have a solid case and should be allowed.

In Florida, a woman who was sentenced to twenty years in prison for shooting a warning shot at her husband will get a new trial.  Kendall Coffey said that the first trial was "appalling" and that he was happy to see she would get another chance to use the self defense argument.  He said the guilty sentence was due largely to erroneous instructions given to the jury.

In Montana, prosecutors are trying to appeal sentencing for a man sentenced to thirty days in prison for raping one of his former students.  The teen who was raped committed suicide.  Coffey told the show that because the man was convicted of rape, the sentencing can be appealed and revisited without the case being an instance of double jeopardy.  He agreed the prosecution should seek harsher sentencing in this case.

The estranged wife of George Zimmerman appeared on the Today Show last week, telling Matt Lauer her side of the story about the famous trial her and her husband her involved in and how their marriage deteriorated afterwards.  Steve asks if she is out of line, and Coffey answered that we shouldn't judge people who have been through so much trauma and media scrutiny.

Family Still Seeking Justice for Miami Citizens Shotdown by Cuban Planes

A. ENRIQUE VALENTIN / EL NUEVO HERALD FILE, 1997

Read more here: http://www.miamiherald.com/2013/06/04/3431391/the-saga-of-the-shootdown-of-the.html#storylink=cpy

On February 245, 1996, two small aircraft flying over Miami were shot down by Cuban MiG fighter jets.  Four Miami citizens were killed.  While five men were investigated and one man convicted for the murder, one family member is still hoping for justice to be brought against the responsible parties: Raul and Fidel Castro, of the Cuban government.

  The planes were piloted by volunteers of the group Brothers to the Rescue, a group of Cuban nationals that seek refugees trying to swim the Florida straights from Cuba to the United States.  The group started in 1991 after a man floating on raft to Florida died of dehydration after being picked up by the U.S. Coast Guard. 

Kendall Coffey has called for prosecution against the Castro brothers over this case multiple times since the incident.  Most recently in 2010, when Mr. Coffey met with U.S. Attorneys in Florida to ask that the evidence against Fidel and Raul Castro be brought to grand jury for the murder of the pilots.  The U.S. Attorney office told parties involved that the request would be taken under advisement, but no action was taken.

This month the brother of one of the victims, Nelson Morales, has filed a legal demand for courts to see evidence against the Castros regarding the crime.  Attorney Juan Zorilla is representing Morales, whose brother Pablo was among the murdered men.  U.S. attorney Eduardo Sanchez has already asked for the judge to throw out the complaint as he does not see evidence that Morales' "Writ of Mandamaus" does not prove his personal hardship, nor is the evidence against the Castros sufficient for an indictment.

Kendall Coffey on Internet and the Law

Flickr CC via Catspyjamasnz

A Federal appeals court ruled this week that a "Like" on Facebook is protected by the First Amendment.  After a group of employees were fired for supporting their boss' political opponent on Facebook, one of them filed suit. The first court ruled that a like action on social media was not sufficient enough to be considered free speech.

However, an appeals court overturned it.  First amendment freedoms online have been debated since their inception, and as more users participate in social media and Facebook becomes a more powerful company, it seems that the first amendment will rule in Internet user favor.  The case was brought forth originally in 2009, and the Internet landscape has changed significantly in the last four years.

When in comes to threats of violence, posts are also being taken more seriously.  Earlier this year a new law in Florida began allowing prosecutors to charge people for making threats online.  Judges in Florida determined that Facebook’s purpose is a form of communication and should be treated the same as verbal threats or notes.  In the case in Florida, the threat was not directly sent, which is why the defense protested.

Kendall Coffey has written about the use of social media in his book, Spinning the Law.  He calls internet interactions and misinformation “e-contamination” and can often make for sticky legal situations.  Everything from juror information spilling to online bullying has created a gray area for courts.  Sometimes online interference causes a case to be lost, but it is still far from definitive.

George Zimmerman Drama Continues in Florida

Flickr CC via Faithmouse

Always accused and never convicted, George Zimmerman remains under tight scrutiny by the press and law enforcement.  Since his acquittal earlier this year in the case of the shooting of Trayvon Martin, Zimmerman has been pulled over at least twice for speeding.  This week he was taken into police custody for a domestic dispute with his estranged wife, Shellie Zimmerman.  He was released after Shellie and her father decided not to press charges. 

The incident occurred when Shellie and her father arrived at the former Lake Mary, Florida home of the Zimmerman couple to retrieve some items.  Mrs. Zimmerman, who filed for divorce a week ago, was in the process of taking items from the home when Zimmerman arrived and began taking pictures of her for records.  There was an altercation with Mrs. Zimmerman’s father, but no serious injuries were reported.  Several of Mr. Zimmerman’s friends were also at the home but did not see the altercation take place.

Shellie Zimmerman was convicted of perjury shortly before she moved out of the home she shared with her husband.  She apparently lied about the couple’s financial situation during Mr. Zimmerman’s bail hearing. 

George Zimmerman’s attorney Mark O’Mara, who was recently hired by CNN to be a legal analyst, said that the incident was nothing out of the ordinary for a divorcing couple.  He maintains the George Zimmerman did nothing wrong.  And iPad that Shellie was reportedly recording on was smashed beyond repair, and police say that without the video there is no evidence to arrest Zimmerman.

 

Kendall Coffey has followed the George Zimmerman case and has commented that the stand your ground laws in Florida protected Zimmerman from a conviction.

Sweetwater Citizens Want Mayor Maroño Back

  In Sweetwater, Florida this week, supporters of deposed mayor Manny Maroño met at City Hall to ask for his return to office.  Maroño's mother Isolina, a Sweetwater City Commissioner and fellow Commissioner Manuel Duasso.  The two city officials said publically that they were only there as private citizens and were not representing the city government.

  Sweetwater is a small town outside of Miami and came into the news recently when Mayor Maroño was arrested on charges of corruption.  Maroño who is represented by Kendall Coffey's firm Coffey Burlington, is accused of partaking in an an undercover FBI scheme to solicit bribes from municipal officials.  The scheme involved signing deals with fake companies to receive federal subsidies.

  Jose Diaz was signed in as the new mayor earlier last month.  Maroño maintains his innocence.

 “We want our mayor back!” they chanted before City Hall.  “We want our mayor back!”

Things heated up when a man taking photos and interviewing demonstrators compared Maroño with former Cuban president Fidel Castro.

“How dare you compare him to a dictator?” some shouted. “Get out of here right now!”

The man left immediately and drove away.

“He is being set up, maybe because of envy or jealousy,” she said, “but for every person criticizing him there are 99 who have good things to say about him.”

“I’m here to support my mayor because he is good to elderly people.  Besides, he has mended the corruption and expelled the gangs. I feel safer now.” One person in the crowd said.

Jorge Guerra questioned Scott’s decision to suspend Maroño, who was one of the governor’s strong men in South Florida.

“Where is the governor now and why doesn’t he support Maroño just like he and the people of Sweetwater helped him in his campaign?” Guerra said. “Maroño should have continued as mayor until proven innocent or guilty.”

Read more here: http://www.miamiherald.com/2013/08/27/3589334/sweetwater-residents-gather-to.html#storylink=cpy

Kendall Coffey on Judicial Selection Process

Kendall Coffey chairs the JNC for Florida's Southern District

The Dade County Bar Association is hosting a luncheon next week on the judicial selection process in Florida.  The luncheon will take place in Miami on September 20th at the Hyatt Regency.  There will be a panel of experts at the event to discuss the judicial selection process and how to become a member of the judicial nominating committee.

The panel will be lead by the Hon. Robert Scola fromt he U.S. District Court.  Kendall Coffey, who is currently the chair of the Southern District of Florida's Judicial Nomination Commission, will also be a panelist.  They will also be discussing how attorneys can apply to become a judge or U.S. attorney.

Most judges in Florida are selected by the nomination commission and then put on local ballots every six years afterwards.  Recent research shows that the public is currently confused about the judicial selection process and frequently skip the ballot, so it is important as well that bar association members are able to communicate the role of the public in judicial selection.

State supreme court judges are appointed by the governor and have a forced retirement age of 70 years old.  Supreme court, court of appeals, and circuit court judges serve two year terms.

Judicial Nomination Commissions are appointed by the governor.  Each commission has nine members and there are twenty six total for each level and district in the state.

Manny Marono Seeks Council at Coffey Burlington

  The mayor of Sweetwater, Florida, Manny Marono, has been charged with corruption charges, along with another mayor in South Florida and two lobbyists. Marono has secured council with Coffey Burlington, a Miami firm where Kendall Coffey is a partner.

   Upon his arrest, Coffey was interviewed by local news. Coffey told reporters, "There has been great progress in the city of Sweetwater, there will continue to be progress, and Manny Marono look forward to the opportunity to prove his innocence."

   Miami Lakes Mayor was also arrested in relation to a scheme to create fake government contracts that would provide kickbacks for the mayors and two area lobbyists, Richard Candia and Jorge Forte. Marono was removed as head of the League of Cities in Florida earlier this month shortly after the arrest.

   On Marono's behalf, Kendall Coffey and Armando Rosquete said recently in a statement that Marono and his family “are very appreciative of the support he has received from friends and so many in the community.”

August 15th Spinning the Law with Kendall Coffey

A new Spinning the Law Segment featuring Kendall Coffey on the Steve Malzberg Show was released this week.  Kendall Coffey appears on the show to answer questions about a recent New Mexico Supreme Court ruling and about Eric Holder's statements on drug crimes.


The state supreme court in New Mexico recently ruled that citizens who are native Spanish speakers still have a right to serve on a jury even if they do not have a strong grasp of English.  The case involved a convicted murderer's appeal based on the dismissal of a juror who did not have strong understanding the language.

Kendall Coffey notes that while it is a constitutional right, he was baffled and confused that the court would not see language barriers as grounds for dismissal.

"This is more than a head scratcher... this has got your jaw dropping and your eyes rolling.  The constitutional right to a fair trial, where everybody completely understands the proceedings at every level is vitally important. And you know... the one thing we agree with opposing counsel on is... if there is any indication that a juror does not truly understand and is comfortable with the English language, you can be assured that's the one thing that both sides agree on!  It just doesn't help the system of justice to have it." -Kendall Coffey on New Mexico court ruling.

Steve Malzberg then asked Coffey his opinion on Attorney General Eric Holder's remarks on Monday about how federal prosecutors will stop seeking mandatory sentences for drug offenses.  Some have said that instructing federal prosecutors to ignore the law is illegal in and of itself.  Kendall Coffey said that in general federal prosecutors generally have a lot of discretion in which cases to try.  He went on to say that the war on drugs has been too downplayed in recent years.

"Crime is down, and certainly back in the 90's and 80's, there has been an astronomical correlation between street crime and drugs.  So much so that they would test people when they picked up off the streets and remarkable percentage of people were positive for using drugs at the time of the crime... We have had success with in enforcement, and its a success that's been consistent.  I suppose you could say its harsh... but to have something that's effective, what really needs to come across, is there needs to be a serious punishment each time, every time."

Kendall Coffey went on to say he is probably in the majority of that opinion but stands by it.  Steve Malzberg agreed with Coffey, saying that people who knowingly break the law need to face consequences. 

5 Legal Cases That Caused Protests

The protestors seeking justice for Trevon Martin over the last several weeks are not alone in causing extreme public reaction.  As a legal analyst and lawyer, Kendall Coffey has analyzed many high profile cases that have led to wide spread public outcry.  Here's a sampling of cases that have gone wild with protest.

In 2000, thousands of Cuban Americans held a shut in protest in reaction to the deportation of Elian Gonzalez.  Hundreds of members of the Cuban American community took to the streets several days beforehand when INS agents came in to remove the boy from the home of his relatives.  Many people followed the case and symbolized it as the problem with the immigration system in the United States.

After the death of Michael Jackson, swarms of mourning fans came to support Jackson or defend his doctor, who was on trial for negligent homicide.  The protests got so out of control that other interest groups showed up as well trying to get in front of the camera.  People carried outrageous signs and wore some pretty ridiculous outfits.  Both the Jackson trial and the Elian Gonzalez case are discussed in Kendall Coffey's Spinning the Law: Trying Cases in the Court of Public Opinion.

When the world searched for missing two year old girl Caylee Anthony, news audiences obsessed over the strange behavior and trial of her mother Casey after remains were found.  When Casey Anthony was acquitted, many angry protestors took to the streets with duct tape over their mouths, referencing the tape found in the child's remains.

One of the most recent protests to stem change happened in Ireland, where the death of a woman who could have been saved by an abortion spurned angry women's right to choose protests.  Ireland recently passed a law that would legalize abortion for the first time.

Kendall Coffey Doubts Feds Will Charge Zimmerman

After being found not guilty on Saturday, U.S. Attorney Eric Holder suggested that George Zimmerman many face federal civil rights charges.  The Justice Department said earlier this week that the investigation into Zimmerman, launched last year, is ongoing.

Kendall Coffey weighed in as a legal analyst for NBC news, saying that federal charges are doubtful.  The criminal case stayed away from making race an issue, leaving less evidence for the Justice Department to pursue.

The family of Trayvon Martin, who was shot by Zimmerman during an altercation last February, has not said whether they will seek civil charges.  Most legal analysts say that the self-defense case that Zimmerman used to get acquitted may prevent civil charges.  The family has already sued and settled with the housing development responsible for the neighborhood watch that Zimmerman was a part of.

Kendall Coffey says the Feds won't charge Zimmerman

Zimmerman can call a hearing in Florida to seek immunity from being sued under the "Stand Your Ground" law that enabled Zimmerman's defense.  The law also provides civil protection int he event that force is used when the assailant feels his or her life is in danger.  However, if a wrongful death suit is brought forth, Zimmerman would not be the first high profile case to be held liable in civil cases after being acquitted.  Both OJ Simpson and Robert Blake had to pay damages to families of victims they were accused of murdering.

Billy Martin and Kendall Coffey Analyze the Potential Reaction from the Jury in the Zimmerman Trial

The friend who was on the phone with Florida teenager Trayvon Martin just moments before he was shot and killed finishes two days of testimony in the George Zimmerman murder trial. Key witness Rachel Jeantel spent more than five hours under cross-examination by the defense.

Zimmerman is facing second-degree murder charges and claims he shot Martin in self-defense.

In a recent appearance on MSNBC’s “PoliticsNation,” criminal defense attorney Billy Martin and MSNBC legal analyst Kendall Coffey discuss Rachel Jeantel’s performance on the stand and whether the jury finds her as an unreliable or a sympathetic witness.

In the court of public opinion, people have come to her defense or ridiculed her as she admitted she’s unable to read cursive. Jeantel claims that she wrote the letter with a friend, describing what happened on the night of the shooting and sent it to Martin’s mom several weeks after his death.

Former U.S. Attorney Kendall Coffey told MSNBC's Al Sharpton, the jury may not be able to relate to Jeantel, but her testimony is consistent.

“What I think the jury is seeing, is somebody who is there, doesn’t want to be there was brought in by a horrific twist of destiny and tragedy to have to talk about what happened in the final minutes of the life of a friend of hers. And who is by and large being truthful and being truthful is a lot more important than sympathetic than any other word when it comes to the key witness for the prosecution,” said Coffey.

Jeantel said that Trayvon Martin used slurs when describing Zimmerman in their final conversation. As a former chief prosecutor in Washington, D.C.'s homicide unit, Billy Martin says the jurors typically look past the language.

“This is not unusual in a homicide case to have vulgar language and activity that people feel and fund uncomfortable. I think a juror and jurors look right through that and look at what are we trying to determine. They’re not trying to see if one was a good person or a bad person. There are facts here. Who was the aggressor? Who had the ability to flee? And who had the gun? I think they’ll look right past these slurs and find the facts that will really help them decide this case."

Miami Teen Returns to Stand in the George Zimmerman Trial

The friend of Trayvon Martin returns to the stand in the George Zimmerman trial saying she believes the encounter was racially charged. Rachel Jeantel is a crucial witness for prosecutors as she was on the phone with Martin before his fatal fight with George Zimmerman in February 2012.

Jeantel said Martin complained to her that a man described as “creepy” was following him through the community.  Martin said Zimmerman was behind him and she heard him ask: “What are you following me for?”

"He kept complaining that a man was just watching him," Jeantel said.

She heard Martin say, “Get off! Get off!” before the phone went dead.  Jeantel said she thought race was an issue because Martin told her a white man was following him. It has been reported that Zimmerman identifies himself as Hispanic and his family claims the confrontation had nothing to do with race.

Cross-examination continues today, but the major question is whether George Zimmerman will testify. Defense attorney Mark O’Mara says he’s not sure if his client will take the stand.

In an interview on MSNBC, Former U.S. Attorney Kendall Coffey says the prosecution’s strategy will have to prove that there are inconsistencies and falsities in George Zimmerman’s statements.

“We all know that innocent people don't have to lie if someone is caught and trapped in a number of untruthful comments, it strongly indicates guilt…the young woman who was on the cell phone with Trayvon Martin in the final minutes of his life, those could be the major parts of the prosecution's evidence,” said Kendall Coffey.

For the defendant, Former U.S. Attorney Zachary Carter tells MSNBC that Zimmerman’s story must stay consistent. “If he did something at a certain time and you listen to 911 recordings in which certain things actually occurred and you can verify it, on a different timeline that is inconsistent with what he says then you can disparage his story.”

Zimmerman Trial Reaches Final Stages of Jury Selection

Jury selection has narrowed down to 40 finalists in the high-profile trial of George Zimmerman. In a second round of questioning, potential jurors were asked about their attitudes toward gun issues, neighborhood watch groups, and guns.

On MSNBC’s “PoliticsNation” Reverend Al Sharpton spoke with Former U.S. Attorney Kendall Coffey about the make up of the jury.

“I think in a controversial case like this which has an acknowledged racial divide, the composition of the jury is extremely important. And from the standpoint of a verdict that's going to have broad acceptance, the closer it is to represent the demographics to the community, I think the more fundamentally acceptable the verdict's going to be. One of the biggest challenges the judge is going to have in this case is what if the defense begins to use its preemptory challenges to strike African Americans from the jury panel,” said Coffey.

Strike for cause is a method of eliminating potential members from a jury panel. In this trial, each side will get six.

Looking at demographics of Seminole County 66 percent identify as White, Non Latino, 18 percent Latino and 12 percent African American. Despite all of the intense pretrial publicity, Kendall Coffey believes they decided to stay in the same county due to demographics.

“There's a whole process, actually a protocol and formula that Florida uses if either side prosecutor or defense strikes individuals of a special protective group. If that starts to happen in the next couple days, you can expect to see some sidebars. You can expect to see maybe even some fireworks over the issue,” said Coffey.

Reverend Al Sharpton raised the issue of dealing with potential jurors pre-determined opinions. Mr. Coffey said there would be some attempts to renew the challenges for cause on some of the jurors.

“The thing the judge will articulate is to have a fair and unbiased jury to let the defense and prosecution exercise their strikes. But in the back of the judge's mind, if I’m the judge, I want whatever the verdict is. I want a verdict that is going to have public credibility and acceptance. I think that means not only the fairest possible jury, but a jury that has some diversity,” said Kendall Coffey.

Zimmerman Trial Jury Selection

In day three of the George Zimmerman trial, attorneys have interview over two-dozen potential jurors. At least 70 jury candidates were dismissed.

Potential jurors have revealed they’ve had some kind of exposure to the details in the shooting.

The father of Trayvon Martin, the Florida teen who was shot and killed by Zimmerman in February 2012, said his family was encouraged so far by what they had seen in the jury selection.

Former federal prosecutor Kendall Coffey spoke to Rev. Al Sharpton on MSNBC’s “PoliticsNation” to discuss the deciding factors in the jury selection process.

Mr. Coffey said it would be challenging to find people who could be fair and haven’t been influenced by what they have seen already.

 “People that are basically gun owners are going to be much better jurors for the defense. People on the other hand people who just aren’t comfortable with the idea of guns and violence, that think that something has to be done about it, those are going to be the best people for the prosecution,” said Kendall Coffey.

No decision has been made on whether the voice experts can testify about the screams in the 911 call made during the confrontation.

Martin’s family believes it was the teen that was screaming for help, while it was Zimmerman’s father saying it was his son. Audio experts have given mixed conclusions.

Zimmerman has pleaded not guilty to a second degree murder charge, telling police he fired the fatal shot that killed Trayvon Martin in self-defense during a fight initiated by 17-year-old.