Sunday, May 10, 2009



1.) Twenty-six year resident of Death Row John Marek, with attorneys Martin McClain and Linda McDermott. The Governor signed Marek's Death Warrant in late April, and his execution is set for May 13th. The cause is before Judge Weinstein on an Emergency 3.851 Motion, an evidentiary hearing to determine if Marek's co-defendant Raymond Wigley (sentenced to life and later murdered in prison) confessed to other inmates that he was the one who actually strangled the victim. 2.) Because of the active Death Warrant, the Department of Corrections must maintain custody of Marek. Security was as tight as we've ever seen. BSO scanned all visitors going into the courtroom, and specially trained "Level 5" FDC provided escort and guard (pictured above). At one time there were fifteen LEOs in the front of the courtroom, and another ten in the audience (FDC, an Associate Prison Warden, BSO, and FHP). Marek cannot stay in a local jail. There are only two facilities in Florida he can be housed in, the closest being a four hour drive from Fort Lauderdale; 3.) Trial Judge Stanton Kaplan testifies relating to a post conviction relief motion he signed back in 1988; 4.) Channel Ten's Michael Putney gets the exclusive (we didn't see any newspaper people or other TV until Channel Four made a late afternoon appearance); 5.) Jeff "Dr. No" Marcus, in charge of the Felony Division for the SAO, scoffs at our request for a photo. He was there showing support for his ASA wife Carolyn McCann (#6), who was arguing the case with ASA Susan Bailey and some lady from the Attorney General's Office. By the way, the next time Marcus tells you he can't waive a min/man for a drug sick loser or someone without a prior criminal background because he "can't make exceptions," try reminding him that he was the guy who waived the twenty-five year min/man and all jail sanctions for his pal Howard Finkelstein AT ARRAIGNMENT, not so long ago (apparently, the only thing left to the judge was whether to adjudicate or withhold). The law is the law, indeed.

(Thanks to Rumpole for the "Dr. No" tag and "TMP" for the tip)(Full article to follow.

Assignment: Compare & contrast today's super contested death penalty evidentiary hearing, and the possible death penalty concession without explanation set for May 26th. Why are they fighting so hard to kill Marek after twenty-six years, while they might turn tail and run on Loureiro? Does the fact that former ASA Scheinberg and Judge Gardiner are involved in Loureiro make a difference? Should it?)


No comments: