Bikepacker67

Everyone remember this jackhole?
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Someday, Carlos Bertonatti will have to face a jury to explain what happened in the early morning of Jan. 17, 2010 -- the day police say he drunkenly killed a cyclist on the Rickenbacker Causeway, then sped away into Key Biscayne with the victim's bike still wedged underneath his car. But not today. For the ninth time since prosecutors charged Bertonatti with DUI manslaughter and two other felonies, a judge delayed his trial again this morning. Bertonatti remains on house arrest in the meantime.

This time, the delay comes because the prosecutor handling his case is tied up with another ongoing trial, says Ed Griffith, a spokesman for the Miami-Dade State Attorney's Office.

"This case will be continued due to the fact that the prosecutor is still in trial in Key West," Griffith says. "She expects the Key West trial to go well beyond Monday."

A judge granted the continuance in the trial this morning; there's no word yet on when the next hearing will be scheduled.

Funny how guys who can afford a $500,000 bond and spend their house arrest in Key Biscayne aren't quite as eager to get their trial underway as the guys stuck in county lockup, isn't it?

Bertonatti, an aspiring pop singer, has pleaded not guilty to killing 44-year-old Christophe LeCanne.

Digital_Cowboy

Is this "puke" EVER going to go to trial? Is he ever going to see the inside of either a courtroom or a jail cell?

Kurt Erlenbach

News from back in March. The next trial date is June 11.

Gojohnnygo.

Cyclists against Carlos Bertonatti Facebook group

https://www.facebook.com/#!/groups/427253770011/

vic303

I doubt he will see the inside of a court except when his lawyer moves to dismiss, based on the lack of a speedy trial...

mnemia

I doubt that. I've been following this case semi-closely, and most of the delays were requested by the defense. It's clearly a sleazy tactic on their part, in that they have attempted to delay things until emotions subside a bit and the public furor dies down. But it seems to me like the prosecution does take the case seriously, given that serious charges were lodged.

Thanks,
Jeff

no motor?

The whole world may not be watching here, but there are a bunch of us who haven't forgotten. Thanks for the update, even if it's not the news we were hoping for.

Kurt Erlenbach

When the defense moves to continue, they waive their right to a speedy trial. They can file a demand for speedy trial once they waive it, and they have to be brought to trial in 60 days from the date of the demand. No speedy trial troubles for the state in this case.

Digital_Cowboy

Shouldn't there be a limit on the number of delays/continuances that one can have? I realize that these last few have been because the prosecutor is down in the Key's working on another case. But still his lawyer's have filed their own continuances. Which I'm sure that most of us here realize was an attempt to get as much time as possible between the actual hit and run and when Bertonatti actually goes to trial so that it isn't as "fresh" in peoples minds.

But still how many more continuances is he going to get, and when is he going to be brought to justice?

And as I've said before, after he serves his sentence he needs to be deported and barred from EVER re-entering the country. And if that upsets his family that is living here, oh well. How do they think that Christophe's family likes not having their husband/father/son/brother around anymore? At least Bertonatti is still alive. The same can't be said for Christophe.

Bikepacker67

It's not just cyclists.

Everyone that is slaughtered on our roads - peds, cyclists or innocent motorists are treated like 2nd class citizens by the court system compared to any other reckless killing.

Acting recklessly in a motor vehicle is given some measure of immunity, that can't be denied.
It's chalked up as "the cost of doing business" in a car-centric world.

kalliergo 

Exactly. 3,000 corpses every month.

(Also a million other vertebrate deaths every day, but we don't care about those. As the guy who hit the herd of cows, killing at least five, said, "I felt really bad, and I thank the Lord no one was hurt.")

Chris516

Not only the emotions. But if the prosecutor tried to have the same witnesses from two years ago, with all the continuances, the memorys' of the witnesses becomes less and less clear as the trial keeps getting delayed.

CB HI

It seems to depend on the tolerance level of the judge for such things.

Chris516

If it is the same judge.

Digital_Cowboy

That makes sense.

Shouldn't all of the continuances be on record?

Chris516

They are. I posted his record in what is now a closed thread, some time ago.

If you can't get his updated record at this link: https://www2.miami-dadeclerk.com/cjis...case=F10001742

Go to Google. Use the keywords in the exact order, 'carlos bertonatti record miami dade county'. The words on the link that go exactly to activity on the case are 'Miami-Date County Clerk Criminal Justice and Infraction Cases'.

EDIT: Looking at my response, I didn't mean to sound snippy.

CB HI

Once a felony case gets assigned to a judge, I believe it takes something significant to change judges.

Chris516

Either, a judge could be removed from the case as a result of judicial misconduct which would mean the Chief Judge would assign the case to another judge in the same area of the law, or the judge can recuse themselves from the case.

Digital_Cowboy

Wouldn't either qualify as "something significant?"

Chris516

Judicial misconduct, yes. But a judge recusing themselves from the case is a matter of choice on the part of the assigned judge. I think the judge in this case should be removed.

The first date on the case record is Jan. 17, 2010. That is twenty-eight months to date. Nine continuances averages to, a continuance every three months. I think the judge is being pressured to allow the continuances, by more than just Carlos Bertonatti's attorney. Bertonatti's attorney filed papers for ANOTHER CONTINUANCE, yesterday. That makes ten excuses.

Bikepacker67

I think it's time for another BF phone blitz.
Tomorrow I'll be googling all the relative phone numbers.

Hell most of us have some form of IP phone service with unlimited long distance.
Let's USE that power.

Digital_Cowboy

Yes, judicial misconduct is a serious "offense," but likewise if a judge who has a personal relationship with the defendant, or their lawyer, or the DA/prosecutor and didn't recuse themselves could in turn lead to judicial misconduct.

The last two continuances if I'm not mistaken were because the prosecutor involved in the Bertonatti's case was also involved in a case down in the Keys. Not that I'm sure that that !@$% %!$@ $2%$ ^$%& ^%*& $%^# %#)& lawyer's haven't taken advantage of these last two continuances. I mean as "jail cells" go how much of a hardship is it for Bertonatti to be able to sit in his comfy condo drinking his expensive wine, beer, watching TV, etc. What a rough life he has.

The sooner he goes to trial and hopefully convicted the better. Then as I've said before as soon as he has served his sentence he needs to be deported and barred from ever reentering the country again. And if his family don't like the idea of him being deported, oh well. They should have taught him to respect the laws better.

Chris516

I don't have that type of phone service. But I will definitely be calling the Miami-Dade County Clerk of the Court about it.