Judge & ASA ex-parte = dismissal for murder?

Jaablog has the details on the Omar Loureiro case. You know. The one where Judge Ana Gardiner and the prosecutor laughed and joked ex parte in the middle of trial over cocktails. Not just any trial either. A murder trial. Omar was sentenced to death. They joked about how he was gay, killed his gay lover, and how his head was nearly decapitated. They joked about the gruesome photos and how one juror almost passed out from seeing the photos.

The defense filed a motion to dismiss on due process and double jeopardy grounds. Another argument they have is to preclude the state from seeking the death penalty. Judge Ana Gardiner (represented by local veteran lawyer Jack Goldberger) drafted an "interested party" motion in support of denying the defense's motion. Former ASA Howard Scheinber who was prosecuting Omar (represented by Bruce Lyons) adopted the motion. In other words, Jack did all the work and Bruce signed off saying "ya - what he said."

Judge Brown struck the motion anyway.

Cleaning up after Broward's mess...It's good to practice in Palm Beach county. At least we're not as bad as Broward.

Grey Tesh is a board certified criminal trial lawyer in West Palm Beach, Florida and is President of the Palm Beach association of criminal defense lawyers. www.aaacriminaldefense.com