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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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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BlackBerry Z10 compared to iPhone 5 on camera [video]

Alongside BGR’s own extensive BlackBerry 10 walkthrough, Austrian website Telekom Presse has uploaded another video comparing Research in Motion’s (RIMM) not-so-secret BlackBerry Z10 smartphone to the iPhone 5. The company’s upcoming BlackBerry 10 operating system seems to be a mix between iOS and Android, while adding some unique features. The video showcases the BlackBerry voice assistant app, multitasking and app switching, the app drawer, and the device’s business and home profiles.

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

Despite the fact that the handset is still running beta software it appears to be exceptionally fast, even besting the iPhone 5 in some scenarios.

[More from BGR: Rumored Xbox 720 specs: 8-core processor, 8GB of RAM, 800MHz GPU]

The BlackBerry Z10 smartphone is said to be equipped with a 4.2-inch HD display, 16GB of internal storage, an 8-megapixel rear camera, 2GB of RAM, NFC, 4G LTE and an 1,800 mAh battery.

RIM will unveil the device along with a second BlackBerry 10 phone at a press conference on January 30th. The BlackBerry Z10, iPhone 5 comparison video follows below.

This article was originally published on BGR.com

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Bath salts bust in Hell's Kitchen

Byron Smith

Police at the scene on West 54th Street where officials had suspected a meth lab — cops found illegal bath salts instead.

Something foul is cooking in Hell’s Kitchen.

Police raided a West 54th Street co-op and found pounds of the illegal designer drug "bath salts" in a possible drug lab after neighbors complained that apartment smelled of cat urine, sources and witnesses said.

“One officer said, ‘I don't want to go in there,” said Chelsea Blakeburn, 20, who lives next to the third floor apartment and smelled the stench.

Blackburn said that a neighbor upstairs in the five story walk up — which is two blocks from a police precinct — was the one who called authorities.

Pounds of a white substance, believed to be illegal bath salts, were found in the apartment’s refrigerator along with beakers, according to police sources.

Bath salts are a low-grade synthetic drug with effects similar to cocaine and methamphetamine.

A 44-year old man who lives in the apartment is being questioned by police, but has not been charged, police said.

Neighbors describe the man as “bizarre and strange.”

DEP has not finished testing the substance and will make a final determination.

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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 mulls licensing out software: CEO in paper

FRANKFURT (Reuters) – Research in Motion will look into strategic alliances with other technology companies once it has launched its new BlackBerry 10 models, its chief executive told a German newspaper.

German-born CEO Thorsten Heins told daily Die Welt in an interview published on Monday that the group’s strategic review could lead to the sale of RIM’s hardware production or the sale of licenses to its software, among other options.

“The main thing for now is to successfully introduce Blackberry 10. Then we’ll see,” Heins was quoted as saying.

RIM hopes its re-engineered line of Blackberry 10 touch-screen and keyboard devices will win back market share lost to rivals such as Apple’s iPhone and devices powered by Google’s market-leading Android operating system.

(Reporting by Ludwig Burger; Editing by Mark Potter)

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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.

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"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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‘Safe’ drivers give kids crash course

They claim they’re fighting to keep children safe, but statistics show that city school-bus drivers — the vast majority members of the striking union — are really hell on wheels.

Buses with public-school contracts were involved in more than 1,700 accidents in which the driver was at fault in each of the past five years for which numbers are available, according to statistics compiled by the city’s Department of Education.

The incidents range form minor fender-benders to collisions that resulted in 912 injuries in 2011, the latest year for which stats are available.

A year earlier, there were 1,792 accidents resulting in two deaths and 1,796 injuries.

Despite this bloody record, the Amalgamated Transit Union Local 1181 claims its crippling bus strike is being waged in the best interests of its student passengers — because only its members can do the job safely.

One of the union’s top goals with the strike is to keep job protections that prioritize seniority for its 8,800 drivers and matrons.

“The mayor has removed a requirement that keeps the most qualified, experienced and skilled drivers on the job,” it said when it announced the strike.

That argument didn’t fly with parents of children hurt on the buses.

“Right now, they need to screen these matrons. They need matrons that really care for the kids,” said Tellison Forde, of Queens, whose severely autistic daughter, Donia, suffered bloodied hands and feet during a ride on a Logan Bus in May 2010.

“She could have been sliding on the seat and the driver and matron were probably not paying attention and talking with each other,” she said.

That incident, when Donia was 9, is now part of a lawsuit in Queens Supreme Court.

In a more recent case, a Lonero Transit matron is accused of trying to cover up how Nehemiah Rondon, 10, bashed his head on the floor of a moving bus.

“The bus stopped. He starts walking, and when he gets to the door, the bus starts again and lurches forward and banged his head,” said his attorney, Igor Grichanik.

The matron allegedly tried to coerce the boy into not telling what happened.

The coalition that represents several of the private bus operators, which in total receive about $1.1 billion a year in contracts from the city, disputed the city’s tally of accidents.

“Our insurance reports distinguish between driver fault and nonfault, chargeable versus nonchargeable, and show the large majority of incidents are not the fault of school-bus drivers, and most are minor incidents without children on board,” said spokeswoman Carolyn Daly.

Michael Cordiello, the president of ATU local 1181, agreed and said that his crews are more than qualified.

“ATU Local 1181 school- bus crews provide professional, experienced and safe service to New York City schoolchildren,” Cordiello said.

About 67 percent of the city’s school-bus drivers are involved in the strike.

Additional reporting by Christina Carrega and Julia Marsh

chuck.bennett@nypost.com

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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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