Tuesday, August 28, 2007

Cui Bono: The Unasked Question in Judge Cohen's Courtroom

Cui bono? Whom does it benefit? The ancient Roman formula for determining responsibility as well as culpability for any given act. As far as such constructs go, it is the gold standard: so brief yet so profound, encapsulating the psychic history of man better than Freud ever did.

Also known as the "Rule of Cassianus," the Roman judge who devised it in the days of Cicero (who recommended its use), cui bono is still the most relevant question that can be asked at any trial. For, except in very few instances — so rare that we erect statues to the exceptions — man is activated by his own interests, first and foremost. If you would know the architect of any work, do not look at the inscriptions, but at the bottom line. Whoever benefits directly by any act may be presumed to have committed it, whether as hero or villain.

Keep that in mind.

It appears that the most important documents in the Cubas-Izquierdo custody trial, which begun today, in Miami, have mysteriously disappeared from from the Juvenile Court Clerk's Office, adjacent to Circuit Judge Jeri B. Cohen's courtroom, where they had been deposited by the Department of Children and Families as per official procedure. The documents in the lost folder, which constitute the court's official record, include the mother's voluntary surrender of custody to the state, known as a dependency disposition (that is, she disposed of her dependent). Also "misplaced," as The Miami Herald characterizes it, is the transcript of the legal hearing where Elena Pérez agreed with the state's contention that she was an unfit mother and renounced custody of her children.

Now this is no mere case of casual negligence which can be easily remedied by duplicating the lost documents. The court has, or should have, the originals documents and these cannot be duplicated. So irregular is this loss and ominous its consequences that it could impact or even preempt the case. In fact, the abusive, psychologically-unbalanced and suicidal mother, who is supposedly penniless, has hired her own attorney to represent her "interests" in the case, though legally she has none. It is obvious that the Castro regime is hedging all its bets, and if it does not succeed in getting custody for the father, may just claim on the basis of the lost court record that the mother never surrendered custody and attempt to have her so-called "parental rights" reinstated. Kurzban, the lawyer hired by the Cuban regime, threatened to avail himself of the opportunity afforded by the "lost" of the official court record to petition the Third District Court to halt the trial and give custody to the birth father.

It was reported by The Miami Herald that Judge Cohen was outraged with this development and blamed, of all people, the Department of Children and Family Services. Yet the pertinent documents had been deposited by DCF with her court clerk. The documents had disappeared from the court's own custody and jurisdiction. How is it possible that the most important documents in the most important case to be heard by Juvenile Court could just vanish without a trace? Yes, flukes do happen, but there are no indications that this was a fluke. If the documents were permanently removed or misplaced for the interim from the clerk's office, who could have done it and why?

Now is when we must ask ourselves cui bono?


Charlie Bravo said...

Manuel, this is castro's final -albeit symbolic- battle.
They would announce his death after the uprooting of that child and the assault on the American legal system.
Cui bono?
We are talking about material substances losing all materiality and vanishing in a supposedly guarded courtroom. Apparently, the Kasstro Voudou works from afar, and it can dissolve paper in thin air at such distances.
The question could be used also to establish who would benefit of a life among normal people in the USA. But they would not ask it in that sense, either.

Agustin Farinas said...

If anyone one read the previous comments of Judge Cohen regarding Cubans in the USa, the final outcome of this trial should have been easy to guess. She has made certain insulting comments in the past regarding Cubans that if they were made about any other ethnic group in the USA, she would have been hauled in front of the Florida Bar and would have been disbarred. But Cubans are fair game, so nothing happened to this Judge when she made the comments. Is the same old story. Whether is Pat Oliphant or Judge Cohen, Cubans are fair game for insults and denigration and not one single one of our elected representatives in Congress so much as opens its mouth to say one word in our defense. Is business as usual with these clowns in Congress. So the outcome of this trial should have been easy to figure out. There is no mystery.

Cari said...

What, there were no copies made and nothing was scanned?

I find that hard to believe. You can go on Miami Dade's website and see court papers, deeds etc. all scanned and on the internet. This is so bogus. Cuban agents are probably employed at the court house.

Charlie Bravo said...

Agustin, our politicos are busy doing NOTHING, they are a bunch of cowards, that's all that is. And then they try to tell us that they are "working for the freedom of Cuba". To what I say: "thank you, I don't need your travails!"

Vana said...

Cui Bono indeed, I wonder who will benefit the most from the lost papers? mmm let me see could it be the castro regime?
Manuel I cannot believe that the loss of the papers was a mistake made by the court, I smell a rat

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