Chris516

I came across this link:https://www2.miami-dadeclerk.com/cjis...4t4N%2Fw%3D%3D; for some reason my old link wasn't working.

DX-MAN

Thanks, Chris, for posting this; I'd been wondering about this.

DUI manslaughter, GUILTY
2x of Resisting without violence, GUILTY
Fleeing, GUILTY

No prosecution on the Leaving the Scene (involving a death), and no action on vehicular homicide/failure to stop....

Better than a sharp stick in the eye. He's a convicted felon now.

Sentencing in July.

achoo

Awww, poor widdle Carlito.

Where's the HURL! emoticon?

Chris516

Here is the link, to his record at the Miami-Dade County jail: https://egvsys.miamidade.gov:1608/www...AMMA=17&DELTA=

Chris516

My sentiments exactly.

Chris516

Now sentencing is set for 10am on August 15, 2013.

I have had a 'I will believe it when I see it' position for a long time. Carlos Bertonatti's lawyer knows the 'legal playbook of stall tactics' very well.

rydabent

No wonder our courts are clogged up. I got tired of scrolling down on all the delays and waste of court time.

Oh well as some one said now he will alway have on his record that he is a convicted felon.

Chris516

He was charged with three felonies. But until Judge Bronwyn Miller stops allowing this to drag on and Carlos Bertonatti is found guilty in a court of law, he cannot be considered a 'convicted felon'(darnit).

Essex

At least he's been sentenced. Now all we have to do is wait till August. As per the judge dragging things - I doubt it. What they(she) have to do is be equitable to both sides in the context of the law. And a skilled (slippery) lawyers knows how to work those angles for both his client and themselves.

mconlonx

Is this particular case an exception to business as usual in Judge Miller's court?

Chris516

The defense witness list was submitted last Thursday, one day after the 'Motion To Compel' was filed by the prosecuting attorney. So it is starting to progress.

Chris516

I have been wondering that for over a year now.

mconlonx

See, my sense is that this is typical, no matter what the case, and maybe an especially protracted process like this where a death is concerned.

So while some of the outrage is absolutely deserved, some of it not so much, or perhaps misdirected -- shouldn't be directed at this particular judge, court, prosecutor or defense attorneys, but at the justice system and process itself.

Chris516

At first, yes. Some cases can meander their way through the judicial process for years, even decades.

At the same time, the judge does have the power to put a stop to the 'legal shenanigans'.

mconlonx

Judge might have the power, but not the motivation. All along, I've been asking, "Is this case any different than what typically happens in that court?" and all along, I get shrugs and vacant stares.

So as much as we might get up in arms about all this, we don't have a subjective rubric against which to judge this particular case. We might have thought it moved too slow, but it might be perfectly typical.

How 'bout a speedier trial except he doesn't receive all the convictions he did here...?

Chris516

Quite frankly, if you have never seen a picture of Hon. Bronwyn Miller, in the list of judges for Miami-Dade County, you need to see what she looks like. Then, Add that to all the women online that think Carlos Bertonatti is 'hot'. Then you might think differently, that it is not simple day-to-day court proceedings going on.

Chicago Al 

Quite frankly, you need to provide some evidence if you're going to make such an outrageous assertion. Why does anyone 'need to see what she looks like'?

You're mad about the delay in this case. Fair enough. The crime is horrendous and the evidence, on its face, incontrovertible. Any delay seems like too much, but then we don't (I don't and I'm sure you don't) know what the caseload is in that jurisdiction.

Nothing about this situation entitles you to make sexist comments about the judge.

unterhausen

I'm trying to figure out what her appearance has to do with this. Would an unattractive woman judge be more likely to put up with defense nonsense? Most of the professional women I have known have been less swayed by appearances, but it takes all kinds

I-Like-To-Bike

Evidence? BF make pretend judges, BF make pretend lawyers and/or BF lynch mobs don't need no stinkin' evidence. Laws and Justice are what they say it is or think it should be.

delcrossv

Welcome to the internet, ILTB.

mconlonx

Um... OK... can't tell much by this.

Oh, wait, you think the judge kept continuing the trial because maybe she thought Carlos was "hot" or something?

Gimme a break. If you want to refute what I said, find some vehicular manslaughter or murder cases over which she presided which took shorter than this trial to fully resolve.

atbman

Alternatively, since the judge looks pretty good to me, one might argue that she probably has more blokes thinking she's "hot", than Bertonnati has women thinking ditto.

It would therefore seem logical that she would be unaffected by the odious one, since she would have more, and better, choices. I find myself in agreement with ILTB, a rare occurrence which I shall record in my diary for posterity

Essex

Looks has very little to do with the law. It's evidence and motions you can put forward within a reasonable context. Since this defendant has some $$$ his lawyers probably can legally keep pounding away at what's possible until they can't. As a judge she has to be fair that means she has to let it proceed in a way prescribed by Fla. law.

What they're probably trying to do is stall. And keep him out of the jail where his looks will be a detriment, or asset.

Chris516

I know that looks has very little to do with the law, and that his attorneys' are probably trying to stall to the point that, the witnesses are either dead, or have completely forgotten what happened.

Essex

Depending on how busy the courts are - I say this thing is wrapped up by 2014 and the guy is behind bars.

I would also hope that the prosecuting lawyers have depositions of all the witnesses. It's too bad that in the US - the law sometimes takes a LOOOONG time.