Appeals court throws out Miami judge’s controversial fingerprint ruling

An appeals court has thrown out a Miami-Dade criminal court judge’s controversial ruling restricting long-accepted fingerprint evidence.

The Third District Court of Appeals this week ruled that Circuit Judge Milton Hirsch should have removed himself from the case before issuing his ruling.

The reason: Hirsch had earlier told two prosecutors that he would remove himself from similar cases because he harbored “preconceived opinions on the subject of fingerprints.”

In October, Hirsch ruled that a police fingerprint examiner could not testify that he identified a conclusive fingerprint “match” for Miami’s Radames Borrego, who is accused of two burglaries.

The judge’s ruling raised eyebrows among legal observers because U.S. courts have long allowed experts to testify to jurors that the accused person’s fingerprint is unique to him or her.

The appeals court did not rule specifically on Hirsch’s fingerprint order, but nevertheless threw it out, saying the judge should not have presided over the case. It is unclear whether Hirsch will be able to preside over future criminal court cases involving fingerprint evidence.

Hirsch, a former president of the Florida Association of Criminal Defense Lawyers and a law school professor who wrote a book on state criminal trial procedure, is well-known in South Florida’s legal community. He was elected in May 2010.

The judge — who often quotes Shakespeare in lengthy orders — often delves into polemic legal waters.

In 2010, when a Tampa federal judge ruled that Florida’s drug law was unconstitutional, Hirsch was the only local state judge to follow suit. He threw out more than two dozen cases, but the same Miami’s appeals court later reversed Hirsch.

Late last year, Hirsch from the bench criticized relatives of a murder victim after they criticized him in a Spanish-language television interview. After he declined to recuse himself from the case, the Third DCA booted him from the case.

Also last year, the same appeals court said Hirsch “did not have jurisdiction” when he filled in for a fellow judge, then reversed that judge’s decision to keep behind bars a man accused of violating a restraining order.

Hirsch will be ruling on a high-profile case next week.

Lawyers for Sergio Robaina, accused of voter fraud, have asked Hirsch to throw out two misdemeanors charged under a county ordinance prohibiting possession of more than two absentee ballots. The ordinance is unconstitutional, they claim.

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Nearly 20,000 new BlackBerry 10 apps submitted this past weekend

Research in Motion (RIMM) held a “Port-A-Thon” earlier this month to boost developer interest in BlackBerry 10. The event ended up being a huge success for the company with more than 15,000 apps submitted to BlackBerry World in less than two days. In a last chance effort to increase its app count before the launch of its new operating system, RIM held a second event this past weekend and it was even bigger than the first one. Developers submitted 19,071 apps in 36 hours, bringing RIM closer to its goal of offering more than 70,000 apps at launch. RIM is scheduled to unveil BlackBerry 10 at a press event on January 30th.

[More from BGR: BlackBerry 10 OS walkthrough, BlackBerry Z10 pricing]

This article was originally published on BGR.com

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Bachelor Recap: Sean Lowe Sets Kissing World Record with Lesley and Dumps Kacie

Amid a drama-filled night of surprises, Sean Lowe whittled his sixteen ladies down to thirteen Monday on The Bachelor.

To kick off week three, Lesley M was gifted with an entire day of Sean's company all to herself. Whisked from the mansion to the gritty streets of Hollywood Blvd, Sean surprised Lesley with a quirky museum date to peruse the Guinness Book of World Records where, interestingly enough, the Bachelor's very own dad holds a record for longest road trip ever taken. In the mood to follow in his father's footsteps, Sean proposes he and Lesley break the world record for longest on-screen kiss (3 min, 15 sec), which she eagerly accepted.

After easily earning their place in the history books, the twosome toasted to their accomplishment on a rooftop overlooking Los Angeles. Sean and Lesley proceeded to gush over eachother awkwardly before a blushing Sean gifted Lesley with a rose.

Pics: Meet Sean Lowe's Lucky Ladies!

Next up, Kacie, Robyn, Leslie H, Kristy, Catherine, Desiree, Taryn, Amanda, Lindsay, Daniella, Jackie and Tierra were selected to hit the beach for a competitive round of volleyball with two teams of six squaring off for the possibility of spending quality alone time with Sean.

In the end Desiree, Robyn, Amanda, Jakie and Lindsay win and relish in their hard-earned one-on-ones but Kacie, perturbed by the tension between Amanda and Desiree, opted to let Sean in on the drama. Unfortunately, her plan backfired as Sean questioned why she would involve herself in the girls' disagreement.

After spending time with all six, Sean gave a rose to Lindsay while Kacie was left to sweat over her poor decision that night.

AshLee was the last to score a one-on-one date with Sean but, as the Bachelor arrived to whisk his date off to Six Flags Magic Mountain, Tierra took a tumble down the stairs, effectively halting AshLee and Sean's plans for the day. Fearing she sustained a concussion, paramedics are called. Ultimately, Tierra vehemently refused medical attention and the ambulance was sent on its way-- but not before she snagged a good chunk of time snuggling with a worried Sean.

Despite being ruffled by what appeared to be a calculating move on Tierra's part to ruin her date, AshLee put on a good face for Sean when they finally arrive to the theme park. In an attempt to test her "kind, caring heart," Sean surprised his date by bringing along two other young ladies suffering from chronic illness to share in their thrilling day.

Impressed by how well AshLee took to the girls, Sean gifted AshLee with a rose and the twosome got to know eachother better as his favorite band, the Eli Young Band, serenaded them.

Video: Sean Lowe Is Most Sincere 'Bachelor' Ever, Says Chris Harrison

When time came for the final rose ceremony, Sean called for Kacie to meet him outside for a private conversation where he mercifully sent her off in private.

"I have way too much respect for you to make you stand through another ceremony when I know in my heart that we're better off as friends," said Sean before Kacie's limo whisked her away.

Back inside, Sean picked his final ten (Tierra, Leslie H, Catherine, Daniella, Robyn, Selma, Sarah, Jackie, Amanda and Desiree), sending Taryn and Kristy home.

Tune in next Monday for an all-new episode of The Bachelor on ABC.

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You’re overpaying on senators’ rent

The rent that state senators pay on the taxpayers’ dime is too damn high!

Data obtained by The Post found that 19 of the 27 senators representing parts of New York City — 70 percent — submitted rental bills that exceeded their $40,000 annual allotment for 2011-12.

Among the budget busters was Democrat Jeff Klein of The Bronx, one of the new co-leaders of the Senate. He spent $49,821, although his spokesman said he moved in October 2011 to a cheaper office — which is still over the limit on a yearly basis.

Malcolm Smith of Queens, who spent $50,000 on a Jamaica Avenue office, is one of the five members of Klein’s Independent Democratic Conference, which formed an unprecedented power-sharing coalition this year with the Senate GOP.

Republican Martin Golden of Brooklyn was also among the transgressors, billing taxpayers $48,000 for his district office in Bay Ridge — the same amount Senate Democratic Campaign Committee Chairman and deputy Democratic leader Michael Gianaris of Queens paid for his district office in Astoria.

And Sen. Tony Avella (D-Queens) paid $49,723 for his district office at 38-50 Bell Blvd. He insisted the Senate Republicans negotiated his lease — claiming he didn’t even know he was over the limit.

Even imprisoned ex-Sen. Carl Kruger (D-Brooklyn) and indicted former Sen. Shirley Huntley (D-Queens) got in on the fun, despite having represented lower-rent neighborhoods, spending $45,000 and $47,452, respectively.

Klein cut his annual rent by $15,000 by leaving his East Tremont Avenue district office for the Hutchins Center, where he pays “market rate,” said spokesman Eric Soufer.

“Believe me, nobody comes to work for us because of the accommodations,” Soufer said. “I’ve had college dorm rooms that are bigger than our office.”

Golden blamed his $4,000-a-month rent on Bay Ridge’s “expensive” real-estate market, saying, “We try to be fiscally responsible. It’s difficult.”

Senate administrators had already publicly read the riot act to Sens. Liz Krueger (D-Manhattan) and Ruben Diaz Sr. (D-Bronx) for their $78,537 and $70,212 respective rent bills.

“East Midtown is one of the most expensive real-estate areas in the city, if not the country,” Krueger spokesman Andrew Goldston said of her digs at 211 E. 43rd St.

Diaz claimed Senate Republicans approved his large office at 900 Rogers Place — in one of the city’s poorest areas — and insisted his bill includes utilities and other costs.

Senate Republican leader Dean Skelos’ office said it’s cracking down on the most egregious rent busters and helping senators renegotiate their leases or find cheaper digs.

ekriss@nypost.com

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Series for Miami’s emerging art collectors begins Thursday

For art enthusiasts interested in bring their interest home, Miami’s Bakehouse Art Complex is hosting a lecture series for emerging collectors. The first panel, slated for Thursday at 6 p.m., features arists and curators who will talk about fine tuning your taste and learning to make informed decisions. The second session, Feb. 7, is oriented to the mechanics of purchasing. The third, on Feb. 21, explores how to manage your collection.

Moderating all three panels will be Denise Gerson, independent curator who served as associate director for the Lowe Museum of Art for 24 years. Cost is $25 per session or $60 for the series. Seating is limited; reservations are recommended.

Information at 305-576-2828; www.bacfl.org.

Jane Wooldridge

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Cuban exile mother of poet laureate Richard Blanco now in spotlight as his inspiration

At first, Geysa Blanco thought her son was kidding.

"He said, ‘Mom, I have news for you,’ " Blanco said, recalling the telephone call from her son a few weeks ago.

"Between English and Spanish, he told me that they had chosen him to write and read a poem at the presidential inauguration,” she said.

But Richard Blanco, a child of exiles who was raised in Miami and graduated from Florida International University, was serious.

The Barack Obama inaugural committee chose the 44-year-old Cuban-American civil engineer and author to recite an original poem at Monday’s inauguration.

Richard Blanco has also been speechless. “It took me 10 minutes to remember what the word for inauguration is in Spanish," he said in a telephone interview Sunday from Washington, D.C., less than 24 hours before taking center stage.

Blanco, who now lives in Maine, will become the first Hispanic inaugural poet and the first openly gay one. He is also only the fifth and youngest poet in the exclusive club of poets.

The first was Robert Frost, who in 1961 wrote a poem for the inauguration of John F. Kennedy.

Then in 1993, Bill Clinton chose the African-American writer Maya Angelou. William Miller was chosen for Clinton’s second inauguration, and Elizabeth Alexander wrote the poem for Obama’s first ceremony.

In a statement, Obama said Blanco’s work represents "the great strength and diversity of the American people."

This diversity and strength could be reflected in the story of the poet’s Cuban exile mother.

"She is a very brave woman and has worked hard all her life for my brother and me," Blanco said.

During an interview at her Westchester home, Geysa Blanco, 75, said that it still seems surreal that a woman who grew up in a sugar refinery in Cienfuegos will stand in front of the National Capitol, watching her son recite a poem for the nation and the president of the United States.

“My son said reporters might want to interview me and I said, ‘Me? What for?’ ” Geysa Blanco said. Indeed, local reporters and TV cameras have come knocking and the proud mother has given several interviews.

Geysa Blanco has also become a celebrity among her neighbors, friends and customers at Regions Bank on Bird Road, where she has worked for more than 30 years.

The roots of Richard Blanco’s writing began in 1968 when his parents fled the Communist island and went into exile in Spain. At the time, Geysa Blanco, a teacher, was pregnant and she and her late husband Carlos, already had an older son, also named Carlos.

"We decided to leave Cuba because the government was becoming more and more difficult to live under," she said. "But it was very painful for me because I left my mother and brothers behind and came here virtually alone and with nothing."

After five months in Spain, where she gave birth to Richard, they emigrated to New York.

As a boy, she said Richard always had an interest in exploring his Cuban roots.

"I always had questions about Cuba, about the family we left there," he said. On his website he refers to himself as being “made in Cuba, assembled in Spain, and imported to the U.S.”

That sense of not belonging and trying to belong seeps through his books of poetry, which often feature his family and their efforts hold on to their traditions.

When Richard was about 5 and Carlos 11, the family moved to the closest place to Cuba – Miami. His mother went to work in a supermarket and later landed her bank job.

"We lived three generations in one house, my husband’s parents, my husband and I, and Charles and Richard," the poet’s mother said. "Sometimes it was hard because grandparents are not accustomed to the modern ways of young people.”

Today, she laments that those family members are gone. “I wish Richard’s father and grandparents were here to enjoy this day,” she said.

Richard Blanco did get to visit the homeland his parents yearned for when he was growing up.

"Everyone thought he wasn’t going to speak Spanish and was going to feel uncomfortable," Geysa Blanco said of her relatives on the island. "But they were surprised because he picked yucca in the fields, jumped in the canals and danced a lot, just like everyone else.”

That trip as a young man would shape the poet’s future work, his mother said. "I think that’s where he caught the bug to write about his roots," she said.

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RIM heats up as BlackBerry 10 launch nears

Research In Motion (RIMM) shares are soaring ahead of the imminent launch of the firm’s next-generation BlackBerry 10 platform. The stock’s recent run could come screeching to a halt at any moment as short interest grows, but Jefferies & Company analyst Peter Misek thinks there’s plenty more good news ahead for RIM. In a note to investors on Friday morning, Misek told clients to buy RIM stock and set a new 12-month price target of $ 19.50, up from his previous $ 13 target with a Hold rating.

[More from BGR: Samsung’s latest monster smartphone will reportedly have a 5.8-inch screen]

“Our checks indicate that the carriers have agreed to volume commitments for the first two quarters post-launch,” Misek wrote. He also notes that “BB10 builds have been raised from 500K/month in early Dec to 1M-2M/month,” and “Developers are supporting BB10 more than we expected. RIM is targeting 70K BB10 apps available at launch.”

[More from BGR: Cable companies called ‘monopolies that stifle competition and innovation’]

Misek says that RIM’s next-generation platform will enable secure corporate email services on iOS and Android devices and the market has overlooked this major change so far. The analyst believes RIM’s March- and August-quarter results will beat Wall Street’s current consensus now that RIM’s huge installed base will finally have a “legitimate upgrade opportunity.”

This article was originally published on BGR.com

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Gayle King Reacts to Oprah Winfrey Interview with Lance Armstrong

ET's Rocsi Diaz chatted with Oprah Winfrey's best friend Gayle King on Sunday, where the CBS This Morning co-anchor revealed that Lance Armstrong wasn't the only one with a lot at stake during last week's interview.

RELATED: Biggest Celebrity Scandals

"I've only seen [Oprah] nervous twice -- Michael Jackson, back in the day that was live, and with Lance Armstrong," Gayle said at The Daily Beast/Newsweek bipartisan brunch. "She knew that there was a lot at stake. She knew that people would be watching her and she knew that people would be watching him."

Those nerves may have brought out the best in Lady O, as Gayle revealed Oprah's preparation leading up to the sit down. Gayle told Rocsi that Oprah looked at every interview that Lance has done, read the U.S. Anti-Doping Agency report and three books all in one week.

On the day of the interview, Oprah issued a series of rapid-fire yes or no questions, in which the retired cyclist confirmed that he had blood transfusions and used the banned substance erythropoietin (EPO) during his career -- particularly during all seven of his Tour de France victories.

RELATED: Lance Armstrong Movie Already in the Works

"You know it's a good interview when you're done and you get in the car and you say, 'There's not another thing I wish I would've asked him,'" said Gayle. "That's pretty good, and that's how she felt."

The brunch was a part of the festivities surrounding the Presidential Inauguration. Other attendees included Eva Longoria, Star Jones, Kerry Washington and Rosario Dawson.

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NYPD Daily Blotter

Brooklyn

***

What a brew-haha!

When a security guard confronted Rebecca Davidsson after she had walked out of a Bedford-Stuyvesant supermarket with an unpaid-for 12-pack of beer, she tried to douse him — with blistering-hot coffee, according to court documents.

Davidsson, 30, had just left Mr. Kiwi’s Fruit & Vegetable on Broadway near Myrtle Avenue at about 1 a.m. Jan. 13. When the guard called after her, she splashed the java in his direction and tried to run away, sources said.

She didn’t get far.

The court papers list her charges as assault, menacing, petit larceny, criminal possession of stolen property, harassment and criminal possession of a weapon — the cup of joe.

***

With an old-school landline, things might have gone different.

A city bus driver pummeled his wife with a cordless phone, then tried choking her in their Bushwick home early yesterday, police said.

Nathan Lopez, 41, allegedly lost it while arguing with his spouse at 4:20 a.m., sources said.

He was charged with assault, strangulation, harassment and criminal possession of a weapon — the phone, cops said.

***

An 18-year-old was lucky to be alive after someone shot him in the back, police said.

The unnamed teen was wounded on Pacific Street near Schenectady Avenue in Crown Heights at 9:40 p.m. Saturday, cops said.

He was listed as being in serious but stable conditions at Kings County Hospital.

There had been no arrest as of last night.

Manhattan

***

The body of an unidentified woman believed to have been in her 50s was found floating in the East River yesterday, cops said.

The grisly discovery was made near the FDR Drive and Jackson Street on the Lower East Side at 2:40 p.m.

Investigators said that there was no obvious sign of trauma or foul play and that it was not immediately clear how long the body had been in the water.

The Bronx

***

A 7-year-old Soundview girl required hospital treatment for cuts, swelling, redness and plenty of pain after her mother repeatedly struck her in the head with a belt because, she told cops, she feared that the child would grow up and eventually control her.

Michelle Johnson, 31, assaulted her daughter at about 4 p.m. Jan. 14 in their home on Saint Lawrence Avenue near Randall Avenue, court records state.

She was taken into custody after police were alerted by staff from the local hospital.

Johnson was charged with assault, menacing, criminal possession of a weapon, endangering the welfare of a child and harassment, cops said.

Queens

***

A late-night one-car crash cost a man his life in Ozone Park, police said.

Winston Joseph, 61, of Far Rockaway was alone in his white Toyota Camry when it rolled east on South Conduit Boulevard at 10:10 p.m. Saturday, cops said.

As he neared Linden Boulevard, the car careened out of control and slammed head-on into a tree, police said.

EMTs rushed Joseph to Jamaica Hospital, but there was nothing that could be done for him, and he was pronounced dead on arrival, investigators said.

Staten Island

***

A former Great Kills resident collected about $4,000 worth of unemployment benefits for seven months while continuing to work, officials said.

Investigators from Staten Island DA Daniel Donovan’s office, the state Department of Labor and the NYPD agreed that Filippo Curto, 34, was working while accepting and cashing unemployment checks dated from July 28, 2008 through Feb. 22, 2009, according to court records.

Curto was living in Great Kills at the time, but he has since moved to Jersey City, sources said.

Prosecutors said he cashed $4,082 worth of checks while working.

***

A West Brighton man mugged a passenger on a city bus, authorities said.

Rasheen Sanders, 19, grabbed a fellow rider by the shirt at about 3:30 p.m. Wednesday at the corner of Port Richmond Avenue and Albion Place and screamed, “Gimme your phone, or I’ll beat you up!” according to court documents.

The victim managed to hold on to his phone, and Sanders fled on foot, only to wind up in handcuffs a short time later, the court papers say.

He was charged with menacing, attempted robbery, attempted grand larceny, attempted petit larceny and attempted criminal possession of stolen property.

***

Two men were under arrest after a police raid uncovered a massive pile of drugs and weapons in their Mariners Harbor home, authorities said.

Officers who descended upon the house on Grandview Avenue near Davidson Street at 6:15 a.m. Wednesday found 75 Ziploc bags filled with cocaine, PCP and marijuana as well as scales and a single 9mm bullet, although no gun was located, according to court papers.

Derrick Bloomfield, 40, and Luis Johnson, 43, were charged with possession of a controlled substance, criminal use of drug paraphernalia, possession of marijuana and possession of ammunition, the documents say.

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Three-generation family businesses share their secrets of success

In 2009, when Larry Zinn took over as sales manager for the Infiniti dealership that his father owned, he had a great idea: retrain the sales staff in a team approach and offer customers complimentary add-on services for the first year.

Some salesmen who were used to selling the same way for decades up and quit. But that didn’t deter Larry from insisting a new sales culture and value proposition for new car buyers was necessary. “I was persistent with everything I’ve believed we needed to do going forward. People were going to embrace change or move on,” says Larry, 28.

The resistance quieted, however, after Larry recruited young salespeople and had them trained in the new advantage program. The new approach helped push sales volume up 72 percent. "We had a lot of success with it,” he says.

Larry Zinn’s experience is not unusual for family-owned businesses that survive into a third generation and employ new tactics to keep from becoming obsolete.

Nationally, family-run businesses account for nearly 35 percent of the largest companies including Ford, Koch Industries, Hilton, Wal-Mart, Loews and Ikea. In South Florida, family-run businesses are particularly prevalent and account for a majority of the largest Hispanic companies, including Goya, Bacardi, El Dorado and Sedano’s Supermarkets.

But while more than 30 percent of all U.S. family-owned businesses survive into the second generation, only about 12 percent are passed onto the third generation, according to Family Firm Institute, a Boston-based association for family enterprise professionals. Those that do survive have a few intriguing commonalities: an ability to stay relevant, think bigger and take a long term view.

“They try to figure out where they want to be in 10 years and take steps to make that target,” says Wayne Rivers, president of The Family Business Institute in Raleigh, N.C.

Most third-generation family businesses, particularly those in South Florida, were started by a scrappy entrepreneur who saw business ownership as a way to provide for the family. Those businesses include grocery chains such as Sedano’s, restaurant operators such as Las Vegas Cuban Cuisine and airport concessionaires such as NewsLink.

Typically, in those businesses, the founder brought his kids with him to work, put them in the kitchen, the stock room, the sales floor, and taught them on-the-spot business lessons. Those kids eventually came to work full time and helped the company evolve beyond a seat-of-the-pants start-up into a more sophisticated business with processes and systems.

Now comes the third generation, who are more likely to have received formal business education before they return to the company. Often, they are able to leverage that training and move the company forward dramatically. But the succession also comes with challenges. They must keep the respect of longtime employees and show the same dogged commitment to seeing their company succeed, even after having already grown up enjoying the fruits of its success.

In successful third-generation businesses, the senior generation often stays on to ensure that commitment, adopting a role as mentor or advisor while creating an environment where younger family members can take on real responsibility, says Rivers, who consults for family businesses. “They get out of the way, let the next generation make their own mistakes, and gracefully exit when it’s appropriate.”

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