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Gardiner's Answer Brief
Initial Brief of the Florida Bar
"The appropriate sanction for Respondent, where she withheld pertinent information to the prejudice of the defendant in a criminal death penalty case, deprived the defendant and the public of the perception that he was receiving a fair and impartial trial, prejudiced the integrity of the entire legal system, caused extensive judicial resources to be unnecessarily expended, intentionally misled the Judicial Qualifications Commission during her disciplinary hearing, and further provided misleading testimony during the instant disciplinary proceedings, is disbarment."
(emphasis added)
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Attributed to Mike Brannon:
"He knew of the “horrific comments” about Respondent on the local blog ... She was despondent over the situation and talked about her children – she talked about them being exposed to some horrific things being said about her on the local blog and around the courthouse ... These were all anonymous posts about her on a blog allowing them to say “the most awful things about other people but not have to take responsibility for what they said.” ... She was extremely highly impaired in her ability to organize her thoughts or weave consistency through her thinking. Those triggers continued with Respondent throughout the contact that she was forced to endure with the chief writer of that courthouse blog, who waited frequently outside her door to take pictures, talk with her, or make some other accusation. It was hard for her to escape from these triggers ... He had never in his forensic psychology history, since 1994, in 5 surrounding counties, seen judges addressed with such disrespect as this anonymous blog. “There had almost seemed to be a reveling in that, a celebration in that, people’s misery and misfortune, to the point they are willing to make things up and talk about attorneys and willing to say things anonymously to cause other people pain. It’s remarkable.”
(Brannon's had a tough few years too ... )
Attributed to Paul Backman:
"He is aware of the courthouse blog and the types of comments, salacious remarks, and things of that nature that were made on that blog about Respondent, both before and after the proceeding, and would define them as “libelous, scandalous, and scurrilous.” He described that most were inappropriate to the point where “if they disclosed their names, if they were lawyers or judges, they would be in front of the Bar or they would be in front of the JQC,” and they were continuous and subject of courthouse discussion and banter ... It wasn’t about the work – they attacked her as an individual, and it “took a great toll."
(Paul Backman "I do not sit on any cases involving Broward judges")
Attributed to Richard Cole:
"Mr. Cole tried a case with Respondent, became impressed with her abilities, and subsequently offered her a job with his law firm ... Mr. Cole was contacted by the Blog owner, Mr. Gelin, who attacked Respondent as being dishonest. He never knew Mr. Gelin before ... " **
**Here is what was reported from the actual discussion, posted April 27th, 2010:
No return calls, yet - from 4th DCA Judge Dorian Damoorgian, or The SAO. We left a message to call Friday, and a specific question today, asking whether Damoorgian lent his old friend, Judge Ana Gardiner, a hand (or good word), in her relocation to Cole, Scott & Kissane. We've been hearing a strong buzz along those lines, but the good Judge has yet to return our calls for confirmation. As for Satz & Co., it's a stab in the maybe not so dark, based on her old friendship with Mike, and the SAO's one time working relationship with former Top Fed Tom Scott. Today was the first call we made to the Sixth Floor Boys, so it's still likely that the normally prompt Ron Ishoy will return with a "yay" or "nay" tomorrow.
We did, however, manage to get through the same question to Richard Cole, managing partner of Gardiner's new firm, and also the man quoted in the papers regarding her hiring. Cole was forthright and gentlemanly, politely no commenting when presented with specific names. Cole also stated that his firm had completed "due diligence," which included "discussions with (Gardiner's) colleagues, and many other people, both inside and outside the legal community."
As far as any potential Florida Bar hurdles, Cole said "we are satisfied that everything is behind her and us, and are looking forward to her joining the Firm and moving forward."
Another interesting tidbit concerning Cole and Gardiner,courtesy of Bob Norman on May 10, 2010:
"Embattled Broward Circuit Judge Ana Gardiner awarded Richard Cole, the attorney who recently hired her, some $600,000 in legal fees last summer, according to court documents."
(Emphasis added. Somehow the Bar missed that too ... )
And now, back to the brief:
Attributed to Val Small Williams:
"She knows William Gelin, the “blog” writer, and was approached by him when her name became public as a potential witness at the Final Hearing. He asked her if she thought she was listed because she was black, “and I asked him what does that have to do with it?”.
(Well, Val was the only Black person that testified ...)
Attributed to Bill Scherer:
"He is familiar with the courthouse blog and has personally observed inaccurate statements and false comments written about himself and his daughter ... "
(Liz made judge shortly thereafter ... )
Attributed to Dale Ross:
"He is familiar with the courthouse blog, and he and his family (particularly his daughter, who also serves on the bench) have been the subject of “attacks.” Every single thing that has been written about himself as well as his family has been inaccurate.“A lot of things said were not only untrue, they were vicious. There was some kind of motive attached to it.”
(emphasis added - Why did Dale quit the Chief Judgeship then?)
Attributed to Gardiner:
"She retired from the bench in 2010, and went into practice with Cole, Scott, & Kissane ...
The “blog” became “incredibly incredibly brutal and offensive,” and took a sexual nature to it, because she was 36 and single when she came to the bench. She tried to get some of the more offensive blog posts taken down, but this was refused, and these continue until the present date ... An article came out called “Judging Ana,” and she got her first JQC inquiry. It “totally devastated me,” and contained false rumors ... She was missing time, and the “guy from the blog” would wait for her every morning to take pictures of her ... "
(Where to start? ... )
From the "Mitigation Factors" section of the brief:
"The character of the Respondent was shown by respected and unimpeached testimony of 15 exceptional witnesses to be, in the words of the Referee who observed them and their
demeanor, “overwhelming.” ... Not a single witness called by the Florida Bar contradicted those views ... Throughout the testimonies of Dr. Brannon, Judge Backman, and Judge Lebow, the thread and spectre of a constant badgering by a courthouse “blog” was seen to severely affect the psychological condition of an already wounded and vulnerable person ... "
(emphasis added)
BROWARD'S LEGAL LUMINARIES MAKING FLORIDA PROUD
DISBAR GARDINER NOW
David Bogenschutz, JAABLOG's 2009 Person of the Year
Meet Wilson Jean/Who will testify on behalf of Gardiner? (2012)
Bob Norman - THE COVER-UP: JUDGE ANA GARDINER LIED UNDER OATH (2009)
THERE GO DA JUDGE & JUDGING ANA - let's talk reputation for real ...
PROCEED AT YOUR OWN RISK
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Coming Soon - Broward and Palm Beach judges' net worth ...
BBeat: Who’s Richer? “Help Me Howard” Finkelstein Or Mike Satz?
Rumpole on JAABLOG
Rumpole on BWB and Finkelstein's Letter to Satz
WSVN 7: Zimmerman judge is former Satz ASA