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Marlins Stadium Update No. 535xi
Bring the popcorn! Miami-Dade Circuit Judge Jeri Beth Cohen is hosting a movie night. Of sorts.
In a move that even she called “unorthodox” Monday, Cohen will show the videos -- in the courtroom -- of the Florida Supreme Court hearing three cases related to one of the main arguments in auto dealer Norman Braman’s case against the Marlins, Miami and Miami-Dade County. Braman argues the public should vote on the financing for $3 billion worth of Miami projects, including a $515 million Marlins ballpark.
Cohen is “torn” because she said she believes the state Supreme Court’s ruling last September in Gregory Strand v. Escambia County, which challenged the county using property tax dollars to pay off bonds without a public vote, does apply in the Braman case. However, the court is re-hearing the case so the decision is not final.
Cohen said she watched the Supreme Court re-hearing Strand and two other related cases over the weekend.
“I wanted to see what was going on. It was very instructive,” Cohen said of watching the Strand arguments. “The bad news is it’s a mess. The good news is they are asking the same questions I am.”
Despite the objections of a city attorney, who said he didn’t think the videos would advance the case, Cohen said the video showing will go on after the team, city and county rest their case, expected on Tuesday. She said attorneys could watch on their own, but “I’m having a party and I’m inviting you … We have to do what I want to do,” she said. “You are going to accommodate me.”
Meanwhile, much of Monday was spent listening to the testimony of county witness Tony Villamil, president of Washington Economics Group, who had studied the potential sites for a Marlins ballpark in 2001, when John Henry owned the team. Villamil, who testified for more than six hours, studied Bicentennial Park, a site on the north side of the Miami River and a spot near Miami Arena.
Villamil testified about the amenity a ballpark provides for the community and its ability to spur economic development. He also said he believed if a new ballpark isn’t built, the Marlins will move from South Florida.
But Villamil’s credentials were called ino question by Braman attorney Bob Martinez, who wondered how Villamil could testify based on studies from 2001 and no analysis of the current stadium proposal.
“We know without a stadium we lose the Marlins,” Villamil said. “We know that.”
Even Cohen was not convinced. “We don’t know that,” she said. “…Major League Baseball controls that and it hasn’t been determined yet. It’s too early.”
Cohen and Martinez questioned how Villami could know what to expect, particularly if he hadn’t studied the most recent ballpark plan and had no idea if the Marlins will draw better in a new bllpark.
“How can they know their attendance is going to go up?” Cohen said. “How do we know that?”
Villamil said officials need to believe the Marlins – an idea that didn’t sit well with Cohen. She reminded the court that large companies, such as Bear Stearns, had suffered based on assumptions.
“I don’t mean to cross examine you,” Cohen said, “but I have a big decision to make.”
Comments
15K?? Maybe for a playoff game!
Posted by: Cindy | July 25, 2008 7:10 PM
TOUGH!! The Marlins leave, oh well! Nobody will cry but the 15k marlins fans that bother going to these games. It amazes me that the Marlins fans that write here are so concerned if Braman wins. Why? All he wants is for this to go to a vote. What are you worried about? If this is what you all say is best for the city. And everyone wants this so bad, then why are you so worried? Why? Because you know that the other 2 Million people living here will vote against it! The only people that are fighting for this and crying about him winning, are the Marlins and their fans! But guess what, I dont expect you to buy me a new piano cause my old one doesnt meet my standards anymore. So dont expect the rest of us to pay for your stadium for the same reason. WE DONT CARE!! MARLINS LEAVE MIAMI, OF PAY FOR OUR OWN SH*T!!
Posted by: Sergio | July 24, 2008 3:07 AM
The sooner the Marlins move out of FL, the better off we will all be. 2 million+ people should not have to pay an outrageous amount of money for something used by only a few thousand people. And I say that as a life-long baseball fan from Miami. But, I am sick of the Marlins and the politicos that are in bed with them and all of that BS. DEATH TO THE MARLINS!!!!
Posted by: JOE | July 23, 2008 7:21 AM
I'm not a lawyer so I don't know if other judges do some of things she is doing, but her actions do seem a bit odd. If I remember correctly, before the case began, she returned a donation that Braman had made to her re-election campaign. Now, I'm not suggesting anything illegal is going on, but it does at least raise some questions. That said, she has rejected most of his arguments and is hung up on the last two....although they happen to be the biggest ones. Her cross-examining the witness yesterday and her demand that the entire court watch the Strand case diliberations seems strange and completely biased towards Braman's side, but perhaps she has her reasons. Making a ruling that will kill these projects based on a case currently under appeal doesn't make much sense to me, maybe a lawyer that reads this can explain.
Posted by: pe123 | July 22, 2008 9:26 AM
I agree with Sean.
I am very concerned about the way the judge has been acting recently. Cross-examining the defense witness. I didn't realize she was working for the plaintiffs.
She does seem to be trying to find a way to rule for Braman. Damn it!
This old man and his vendetta will kill the Marlins. What a bastard.
Posted by: a fan | July 22, 2008 9:03 AM
Okay, this case has gone from good, to bad, and now to weird.
What does showing the court the videos accomplish? This isn't a jury case, she said herself that SHE has a big decision to make. I think she just wants to see the videos one more time, and go with what her gut says the second the videos are over.
I'm no law expert by any means, but to me, if the case she's basing her decision on is in appeal and undecided, it's a bad case to base it on. She just needs to read the law and make her choice.
Democracy is a government where the people elect leaders to make decisions FOR THEM. Not every government decision HAS to be voted on by the people. If you don't like their decisions, elect new leaders next time.
I just hope that Braman, his lawyers, and especially Cohen realize that they'd be killing hundreds of millions of dollars of new development in Miami because of some vendetta against a baseball stadium if they win this case/name Braman the winner. They say that it's illegal to direct money designated for slums to different areas of development? The entire CITY will be a slum if you don't!
But, Ms. Talalay, the longer this case goes on, the more worried I get. This was supposed to be open and shut and Cohen seems to be stalling, waiting for some definitive answer she can use to destroy the hopes of Marlins fans. So two questions:
1) In your opinion, as someone that has followed this case longer than most anyone else...does it seem Braman can/will win?
2) Say Braman does win. Is your impression that the team, city, and county will go back to the drawing board? Or will the Marlins see this as the very last straw and start exploring relocation?
For the first time, it seems very possible that Norman Braman could cost the city of Miami, and possibly the entire State of Florida, the Marlins. And it scares me.
Posted by: Sean Fowler | July 22, 2008 4:15 AM