Florida Criminal Defense Blog

I am excited about opening my own firm. I have always wanted to be a lawyer. When I was seven years old I saw a movie where someone was wrongly convicted. After the movie, with tears in my eyes, I told my mother about the movie and that I wanted to be a judge so that such an injustice would not happen again. She told me that I had to become a lawyer before I became a judge. I then replied that I would be a lawyer when I grew up. From that day on, my mind was set and I never wavered.

My childhood dream has come true, and I have had the pleasure of defending and helping innocent people regain their freedom. I look forward to doing more of that. It is my pleasure to be a criminal defense lawyer and be part of a justice system that is admired all over the world for its fairness. Despite the recent execution of Troy Davis, I am still optimistic about the justice system and proud to be a part of it.

Reggae icon Buju Banton, who has dominated reggae music for the last twenty years, is languishing in federal prison on trumped-up charges. And by federal prison, I don’t mean “Club Fed”. Buju is now being held in a jail in Groesbeck, Texas. The closest town is Waco, which is a 45 minute drive away. It was formerly a county jail for local inmates but recently began housing federal inmates. I am told that the conditions there are appalling, over-run with gangs and not suitable for human habitation.

I have followed Buju’s case closely and was shocked to learn that various U.S. agencies paid the informant in this case, a convicted Columbian drug trafficker, over three million dollars (tax-free) for serving as an informant over a number of years. Apparently, crime does pay. Additionally, this convicted felon, instead of being deported after serving his prison sentence, has been granted legal immigration status.

I was even more shocked to learn of the lengths this informant went to try to ensnare Buju in a drug deal. It all began when the informant “coincidentally” sat beside Buju on a flight. He pursued Buju for months, pretended to be a supporter of his music and promised him important connections in the music industry all in an attempt to befriend Buju and entrap him. After six months, under the guise of showing Buju a fishing boat, he convinced a reluctant Buju to meet with him. The informant had a far-reaching motive to relentlessly pursue Buju – the almighty dollar. He is paid well; more than police officers, fire fighters, teachers and even most lawyers.

Taxpayer dollars certainly could be spent more efficiently than on trying to entrap law-abiding individuals. Individuals like Buju who have contributed so much to society ought to be honored not locked away in prison. Throughout his career Buju has been the voice of the voiceless poor masses of the third world. He is a gifted artist, a Jamaican national treasure and revered all over the world. I urge you to support him by sending a letter on his behalf. Please download and send the letter below.

Letter to Attorney General Supporting Buju Banton

I went to the West Palm Beach Courthouse on October 27, 2011 to do some legal research. To my surprise there was a media frenzy in front of the courthouse. I asked one of the deputies what all the fuss was about and he told me that Paul Michael Merhige, who was accused of killing his six-year-old cousin, aunt, and twin sisters, one of whom was pregnant, was going to take a plea to life in prison. Curiosity got the best of me and I took a detour to courtroom 10F. Once I arrived there, I noticed that there were several people including members of the press outside of the courtroom. I tried to go in but was told that there were already too many persons in the courtroom. I did not leave after this disappointing news; instead I stayed around and chatted with the deputies.

About 15 minutes later, the courtroom door opened and the lawyers, family members and onlookers quickly left the courtroom. Only Jim Sitton, the father of the six-year-old girl who was killed, his wife and his father stayed to talk to the press. Mr. Sitton blasted the prosecutor for not pursuing a harsher sentence and for coming to an agreement with the defense counsel. He thought that the punishment of seven consecutive life sentences that Paul Merhige received was too lenient and that he should have received the death penalty. In his rage he Mr. Sitton stated “I now have more faith in the prisoners and the fellow inmates of Starke to take justice than I do in the State Attorney's Office because at least in prison, they know what to do with baby killers”.

I can only imagine how Mr. Sitton feels. I know he must be filled with so much hurt and hate. However, in my opinion the prosecutors made a wise choice to settle this case with a plea deal. Lots of money would have been spent on a trial taxing a system already in need of funds and there is no guarantee that a jury would have given Paul Merhige the death penalty. His lawyers could have argued that he was insane at the time and not responsible for his crimes and this in addition to proof of a history of a troubled young man with a long history of mental illness, may have been very compelling to a jury.

This case reminds me of the Brian Nichols case where Mr. Nichols was accused and found guilty of killing several people, including a judge. In that case the defense was willing to plea to life but the prosecutor refused. After a trial that nearly bankrupt the indigent defense system, the jury refused to impose the death penalty and Brian Nichols got a life sentence. I commend the prosecutor in West Palm Beach for not pursuing the death penalty - in the face of so much disapproval and unrelenting criticism he did the right thing.

Of course Mr. Sitton now blinded by his pain is not thinking about how the plea deal Paul Merhige received affects the legal system finances of the legal system in Palm Beach County or the fact that a jury trial would not guarantee the death penalty.  Therefore his anger and hate is understandable.  However, for his sake, I hope that in time the anger and hate will recede and he will find a way forgive the unforgivable.

To see more pictures and to view a video click here.