Second Miami cop-killer suspect changes mind; plea deal falls apart yet again




















With his brother finally mentally sound and agreeing to plead guilty, cop-killing suspect Dennis Escobar changed his mind Monday. No plea deal.

And so the perplexing legal saga of the Escobar brothers, accused of murdering Miami Officer Victor Estefan in 1988, took yet another bizarre twist.

The plea deal – 55 years in prison – for now has fallen apart again.





And Escobar, accused of gunning down Estefan after a traffic stop in March 1988 in Little Havana, will resume his trial and face a potential death sentence if convicted.

“F---ing playing games is what he’s doing,” Estefan’s son, Angel, growled he stormed out of the courtroom.

The Escobar brothers were previously convicted and sent to Death Row in 1991, a conviction later overturned by the Florida Supreme Court.

Monday’s development came after a week of stunning legal drama in Dennis Escobar’s murder trial, which began earlier this month. The timeline:

On Feb. 17, prosecutors discovered a previously unknown police audio tape in which Escobar appears to tell a Miami detective in 1988 that he wants to speak to his lawyer. The tape damaged the credibility of the case’s lead detective, who long claimed Escobar agreed to waive his right to remain silent before confessing in detail.

With the case damaged, prosecutors revealed last Tuesday that they had offered to waive the death penalty if Escobar pleaded guilty and accepted a life prison term.

On Wednesday, both sides asked for a mistrial – but Circuit Judge Leon Firtel refused. He ordered lawyers to pore over every piece of evidence in dozens of boxes to make sure there were no more items that could impact the case.

On Friday, after days of behind-the-scene negotiations, both sides agreed on a plea deal to be taken in that afternoon.

The deal called for a guilty plea to second-degree murder and a sentence of 55 years. Under 1988 Florida law, that means each brother would spend only about 18 more years in prison for the Estefan murder.

After that, the brothers would have been returned to California, where they must each serve a life sentence for trying to kill highway patrol officers there in 1988. They are, however, eligible for parole in California.

On Friday afternoon, as Estefan’s relatives and Miami homicide detectives gathered, the deal appeared to be set. But when Firtel began asking Douglas Escobar standard questions about pleading guilty, the man refused to accept the offer.

Douglas, who had a history of mental illness, clearly could not grasp the plea deal. In mixed English and Spanish, Douglas told the judge he didn’t want to go to trial — but he didn’t think he was guilty because “he didn’t shoot nobody.”

Firtel gave Douglas’ lawyers the weekend to talk him. On Monday morning, his mind sharp with medication, Douglas told his lawyers he understood and wanted to indeed plead guilty.

Two court-appointed psychologists interviewed him Monday, morning. “He’s stable, well organized mentally,” one of them told the judge.

But then, the bombshell. Dennis Escobar no longer wanted to plead guilty, attorney Phillip Reizenstein told the judge.

“He wishes to go to trial,” Reizenstein said.

The shocking decision spurred Estefan’s son to leave court, slamming the door. Estefan’s sobbing widow, Delia Estefan, left too.

Lawyers will reconvene in the afternoon to decide what to do now. Judge Firtel has yet to rule on the mistrial —the jury is still on standby.

If the trial indeed goes forward, Escobar’s defense team will likely ask that his confession be thrown out because of the audiotape. The detailed confession lies as the heart of the prosecution’s case.





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Adorable Tots: Celebs and their Cute Kids!



Elton John and David Furnish







David Furnish, Zachary Furnish-John, Sir Elton John and singer Bono have an adorable man-to-man talk at the 21st Annual Elton John AIDS Foundation Academy Awards Viewing Party on February 24, 2013 in West Hollywood, Calif.








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Man fatally gunned down in Brownsville








A man was gunned down in Brooklyn this morning, authorities said.

The 21-year-old victim was shot in the chest at 9 a.m. on Chester Street in Brownsville, police said.

He was rushed to Brookdale Hospital where he died from his injuries, police said.

It was not immediately clear what sparked the violence.











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Miami medicine goes digital




















About 10 years ago, Dr. Fleur Sack quit her practice as a family physician to become a hospital department head. Spurring her decision was the need to switch from paper records to electronic ones to keep her private practice profitable. “At that time, it would have cost about $50,000,” Dr. Sack recalled. “It was too expensive and it was too overwhelming.”

But times and technologies changed, and last year, Dr. Sack left her hospital job to restart her medical practice with an affordable system for managing electronic patient records. She agreed to a $5,000 setup fee and a subscription fee of $500 per month for the system. Her investment also qualified her for subsidy money, which the federal government pays in installments, and to date, her subsidy income has paid for the setup fee and about two years of monthly fees. “So far, I’ve got my check for $18,000,” she said. “There’s a total of $44,000 that I can get.”

That kind of cash flow is one reason why so-called EHR software systems for electronic health records have been among the hottest-selling commercial products in the world of information technology. EHR system development is a growth industry in South Florida, too. Life sciences and biotechnology are among the high growth-potential sectors identified by the Beacon Council-led One Community One Goal economic development initiative unveiled in 2012; already, the University of Miami has opened a Health Science Technology Park while Florida International University has launched a program in its graduate school of business oriented toward biotechnology businesses.





For many young businesses in the area’s IT industry, government incentives are paving the way. The federal government is pushing doctors and hospitals to use electronic health records to cut wasteful spending and improve patient care while protecting patient privacy — sending digital information via encrypted systems, for example, rather than regular email.

Under a 2009 federal law known as the HITECH Act, maximum incentive payments for buying such systems range up to $44,000 for doctors with Medicare patients and up to $63,750 for doctors with Medicaid patients. Hospitals are eligible for larger incentive payments for becoming more paperless. The subsidy program isn’t permanent; eligible professionals must begin receiving payments by 2016. But by then, the federal government will be penalizing doctors and hospitals that take Medicare or Medicaid money without making meaningful use of electronic health records.

“What the government did is, they incentivized, and now they’re going to penalize,” said Andrew Carricarte, president and CEO of IOS Health Systems in Miami, one of the largest South Florida-based vendors of online software service for physician practices. He said insurance companies also may start penalizing physicians for failing to adopt electronic health records because “the commercial payers always follow Medicare and Medicaid.”

It’s all part of the growth story at IOS Health Systems, which has more than 2,000 physicians across the nation using its online EHR system. Carricarte said many of the company’s customers buy their second EHR system from IOS after their first one flopped. “Almost 40 percent of our sales come from customers who had systems and are now switching over to something else,” he said.





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Miami Dolphins hopeful on stadium referendum date




















The Miami Dolphins are hopeful the Miami-Dade County Commission will approve a May 14 date for a referendum on the $400 million rehabilitation of their stadium, time enough to get South Florida in play for Super Bowl 50, a Dolphins spokesman said Saturday.

Spokesman Ric Katz said the language of the proposed referendum has yet to be decided, and ultimately the commission decides the date.

But, he said, “we’d be very happy with” May 14 because “that gives us a week to communicate to the NFL before they make the important decision of Super Bowl 50.”





NFL owners are slated to meet on May 22 to pick the site of the 2016 Super Bowl — seen as a tourist revenue prize for whichever host city gets the 50th anniversary contest.

Mayor Carlos Gimenez met Friday with Dolphins owner Stephen Ross and CEO Mike Dee to discuss the proposed stadium rehabilitation.

From the mayor’s side, there has been no agreement on a date and Gimenez does not plan to bring the proposed May 14 referendum to the commission at this time, said spokeswoman Suzy Trutie.

Friday’s was a “first meeting” at which “many things were discussed,” including the Dolphin’s preference for May 14.

But, “We continue negotiating with the Dolphins with regards to finances.”

One proposed financing plan would increase the bed tax in mainland Miami-Dade by 1 percent and increase the sales tax rebate the team already gets at the stadium in Miami Gardens. Ross had initially offered to pay at least $201 million in his financing plan. But Katz, a Miami publicist representing the team in the stadium campaign, said the two sides were still in negotiation on what the mayor would ask the commission to put to taxpayers in a referendum.

Trutie said the proposed referendum would gauge public opinion on increasing hotel taxes from 6 to 7 percent to fund the stadium renovations.

Of the commission, Katz said, “We do not take them for granted. They have the prerogative.”

Attorney Kendall Coffey did not return calls asking whether the Dolphins had hired him to write the ballot language.

Dolphins lobbyist Marcelo Llorente had said in recent weeks that the team was considering May 7 and 14 as possible referendum dates.

Any activity by the Florida Legislature would likely have to be undertaken before then. The regular session is slated to end May 3.

Miami Herald staff writers Patricia Mazzei and Doug Hanks contributed to this report.





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Independent Spirit Award Winners 2013

The 2013 Film Independent Spirits Awards were handed out in Santa Monica, CA today and lots of Oscar frontrunners cemented their status by dominating in their categories once more.

Check out all the winners below:


Best Feature


Beasts of the Southern Wild

Bernie

Keep the Lights On

Moonrise Kingdom

Silver Linings Playbook


BEST FEMALE LEAD


Linda Cardellini, Return

Emayatzy Corinealdi, Middle of Nowhere

Jennifer Lawrence, Silver Linings Playbook


Quvenzhane Wallis, Beasts of the Southern Wild

Mary Elizabeth Winstead, Smashed


BEST MALE LEAD


Jack Black, Bernie

Bradley Cooper, Silver Linings Playbook

John Hawkes, The Sessions


Thure Lindhardt, Keep the Lights On

Matthew McConaughey, Killer Joe

Wendell Pierce, Four


BEST SUPPORTING FEMALE


Rosemarie DeWitt, Your Sister's Sister

Ann Dowd, Compliance

Helen Hunt, The Sessions


Brit Marling, Sound of My Voice

Lorraine Toussaint, Middle of Nowhere


BEST SUPPORTING MALE


Matthew McConaughey, Magic Mike


David Oyelowo, Middle of Nowhere

Michael Pena, End of Watch

Sam Rockwell, Seven Psychopaths

Bruce Willis, Moonrise Kingdom


BEST DIRECTOR


Wes Anderson, Moonrise Kingdom

Julia Loktev, The Loneliest Planet

David O. Russell, Silver Linings Playbook


Ira Sachs, Keep the Lights On

Benh Zeitlin, Beasts of the Southern Wild


BEST SCREENPLAY


Wes Anderson & Roman Coppola, Moonrise Kingdom

Zoe Kazan, Ruby Sparks

Martin McDonagh, Seven Psychopaths

David O. Russell, Silver Linings Playbook


Ira Sachs, Keep the Lights On

For the full list of winners, click here.

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Elderly man fatally shot in Brooklyn home








An elderly man was shot and killed inside a home in Brooklyn this morning, police said.

The 72-year-old man suffered a single gunshot wound to the neck and was discovered inside the Gates Avenue building in Bushwick around 2:25 a.m., cops said.

The victim was rushed to Woodhull Hospital, where he was pronounced dead.

The man, whose name has not been released, has no criminal history and it's unclear whether he was struck by a stray bullet or targeted, sources said.

No arrests have been made.











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South Beach Wine & Food Festival changes Miami's culinary scene, impacts economy




















For Miami restaurateurs, this is Showtime.

With dozens of top chefs — Bobby Flay, Todd English, Daniel Boloud and Masaharu Morimoto among the list — in town for the South Beach Wine & Food Festival, the pressure is on everywhere, from Michy’s to the new Catch Miami. The goal: Show everyone from around the country that Miami’s food scene has arrived on the national stage.

Chef Michelle Bernstein’s staff whipped up dishes designed to impress guests at Michy’s — like foie gras, oxtail and apple tarte tatin — while she juggled menus for multiple events. Bernstein kept her cellphone handy to make sure any chef friends could get a table, even though her namesake restaurant was sold out.





As always, Joe’s Stone Crab was a must-do stop for many, including Paula Deen and New York restaurateur Danny Meyer. Aussie Chef Curtis Stone attracted a string of admirers as he ate his way around town, with stops at Prime 112, Pubbelly Sushi and Puerto Sagua. Khong River House and Yardbird Southern Table & Bar hosted Meyer, The Food Network’s Anne Burrell and Chef Anita Lo.

Michael’s Genuine was another hot spot.

“This is kind of our coming out party for Khong and it’s our chance to knock it out of the park and wow people,” said John Kunkel, owner of Khong and Yardbird.

Prime 112 owner Myles Chefetz admits he’s a fanatic about checking plates when they come back from a chef’s table. And he’s always on the lookout for the table ordering 20 different items, because that’s usually a restaurateur doing research.

“If you have Jean-Gorges or Bobby Flay eating at your restaurant, you want to make sure he has a great experience,” Chefetz said. “You want to put your best foot forward because you know you’re going to get scrutinized.”

The Food Network South Beach Wine & Food Festival is not just a forum for impressing the culinary elite. It’s among the top three tourist draws for Miami restaurants and hotels. In its 12th year, the festival draws more than 60,000 people to Miami Beach for a weekend of decadence, featuring more than 50 events spread over four days.

It is neck and neck with two of the area’s other most prominent weekends: Art Basel and Presidents’ Day (which coincides with the Miami International Boat Show).

There’s the immediate economic impact, of course, but the festival has made its mark in other ways: helping transform Miami’s food scene from a cultural wasteland to one of the country’s hot spots, one where top chefs all want to set up shop.

“Twelve years ago I don’t know if you could even name five really good restaurants. Now, you can’t think of where you want to eat because there are so many good restaurants,” said Lee Brian Schrager, festival founder and vice president of communications for Southern Wine & Spirits, its host. “What the festival can take credit for is introducing the culinary world to the great talent down here, and really highlighting South Florida as a great dining destination.”

There has been plenty of indulgence to go around. Flay finally broke his losing streak and took home top honors at the Burger Bash with his award-winning crunchified green chili burger. At the Q, barbecue lovers had their choice of Al Roker’s lamb ribs with baked beans or Geoffrey Zakarian’s smoked tagarashi crusted tuna, among other offerings.





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Miami police union challenges officer’s firing for fatal shooting




















The Fraternal Order of Police filed a lawsuit against the city of Miami on Friday, asserting that an officer who fatally shot an unarmed motorist in 2011 was improperly fired from the police department.

Officer Reynaldo Goyos shot and killed Travis McNeil as he sat in a car at a Little Haiti intersection. It was one of a string of seven deadly shootings of black men in the inner city by Miami police officers in 2010 and 2011.

Goyos was cleared of criminal wrongdoing by prosecutors in 2012. But he was terminated last month after the department’s Firearms Review Board concluded that the shooting was unjustified.





The police union lawsuit claims that the board violated state open-government laws by failing to open its meetings to the public.

Goyos “was improperly terminated by the city of Miami Police Department by a review board that violates the law,” union President Javier Ortiz wrote in a statement.

The lawsuit contends that Goyos should be reinstated.

City Attorney Julie O. Bru declined to discuss the specifics of the case. “We reviewed the allegations, and the city maintains that the board has operated consistent with the requirements of law,” she said.





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Michelle Obama The History of Mom Dancing on Late Night

Jimmy Fallon may have gotten The President to Slow Jam the News, but I think getting The First Lady to present A History of Mom Dancing may end up being The Late Night host's greatest accomplishment, yet!


PHOTOS - Michelle Obama's Best Fashions

The routine, in celebration of her Get Up campaign, features Michelle Obama re-creating some of history's greatest mom moves, like The Sprinkler, The Raise The Roof and The Hand Part From Single Ladies.

Watch our FLOTUS break it down. 

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