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.