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NOT SO FAST...

By JAABLOG

 Fly me to the moon...THE SUPREME COURT HAS RELINQUISHED JURISDICTION IN OMAR LOUREIRO vs. STATE OF FLORIDA .AN EVIDENTIARY HEARING WILL BE HELD BEFORE JUDGE BACKMAN, TO DETERMINE IF THERE WAS PROSECUTORIAL AND JUDICIAL MISCONDUCT DURING LOUREIRO'S DEATH PENALTY TRIAL.Judge Gardiner has recused herself from all further proceedings.  The evidentiary hearing has not yet been set.Rumor has it that Gardiner has already been cleared by the JQC (also, see BrowardBeat.com).  Will they get involved again if the mystery witnesses, who apparently did not speak to the JQC, are subpoenaed and testify?  What effect will the unfortunate passing of witness Charlie Kaplan have on the evidentiary hearing, and any potential further JQC action?  What is the Florida Bar's role in all of this?  Is it proper for Judge Backman, close friend and mentor to Gardiner, to preside over the hearing?  Is it proper for him to take the case, having been a JQC member during the investigation of Gardiner?  Is he also friends with Scheinberg? Was the case randomly assigned to Backman, or did it get to him by some other avenue?  Why didn't it go to Judge Bidwill, who took over Gardiner's division?  Will Satz and company come forward to tell what they know?  Will the Palm Beach Public Defender handling the appeal move to recuse the 17th Circuit?                                  WILL JUSTICE PREVAIL?BACKGROUND:Affidavit of Ms...continue to full post

Full post as published by JAABlog on April 04, 2009 (boomark / email).