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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I Might Be Too Old for Facebook Graph Search

On Sunday, I turned 30.

That’s not too old, I tell myself, yet the signs of aging are creeping in. Teenagers listen to music that I either haven’t heard of or believe to be mostly terrible. They use slang I don’t recognize, and I imagine my slang would sound to them like “groovy” or “far out” sound to me.

But for the purposes of our tech blog, the most notable sign is how much more active teens are on Facebook than I am. To hear it from my wife, who works with children and teens at her job, they’re constantly signed in and active, to the point that reaching them by voice call is unreliable. Send them a Facebook message, even during school hours, and they’ll respond right away. (The reality isn’t quite that extreme; according to a Pew survey, most teens communicate through text messages and phone calls more than Facebook, but e-mail is far behind.)

So when Facebook announces a new feature, like Graph Search, I imagine those teens getting the most use out of it. Graph Search lets you look up people, places, photos and other things using natural search queries. Think of it like Google for everything that your friends know; instead of searching the Web for somewhere to eat or something to do, you could just search through the collective wisdom of your network.

Here are some of the example searches on Facebook’s Graph Search home page:

• Music my friends like


• Restaurants in London my friends have been to


• People who like cycling and are from my hometown


• Photos before 1990

Being able to find all that information–and provide your own information for friends–sounds great. But unless you and your pals are putting lots of data in, you’re probably not going to get a lot of data out. I know for sure that I haven’t put much effort into connecting my real life story to Facebook, and as I poke around my network, I see that many of my friends haven’t either. They don’t check in to places they visit. They don’t “Like” everything that they actually like. They haven’t uploaded photos from before 1990. Collectively, we haven’t invested in making Graph Search as useful as it could be.

It might be different if I was part of the generation that uses Facebook more often. Though it’s hard to find data on how Likes and check-ins vary by age, younger users tend to have more Facebook friends than older ones, according to Edison Research, so at least they have a bigger base of people to work with. And according to a 2011 study, teens spend more time on the network per day than older users. If posting on Facebook is part of your social circle’s daily life–that is, it’s not just a way to see what old high school buddies are up to–I imagine Graph Search will be a lot more useful.

That’s not to say Graph Search won’t be of any value to someone like me. It could come in handy as a way to sort through photos, for instance. There’s also a chance that Facebook will improve the ways that it picks up on our interests, and integrate frictionless sharing so there’s less work involved in becoming an information source.

But while I plan to keep up with technology for a long time, I realize it’s hard to keep using social networks like a teenager when your friends are getting older too. Facebook isn’t part of my daily life anymore, so I can’t imagine rewiring my habits and turning it into a primary information source, especially if my friends aren’t doing the same.  It’s much easier to rely on the tools I already have, such as traditional search engines and sites like Yelp–just like it’s easy to stop keeping track of popular music or to pick up on new slang.

Graph Search is in “very limited” beta now, and users who want to try it can join the waiting list. I look forward to seeing what I can do with it, even if it’s not really for me. In the meantime, here’s to growing older.

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SAG Awards Flashback: Anne Hathaway 2006

Anne Hathaway is currently one of Hollywood's top actresses, emphatically so with her latest hit film Les Miserables, so it's a bit strange to return to the beginning stages of her career. At her first major awards show, Hathaway is giddy to be there and reveals her pre-show snack.

Prior to the 2006 SAG Awards, Hathaway had walked awards show red carpets but never at a major awards show, which made her experience at that year's SAGs a thrill. The then-23-year-old actress was nominated as part of the cast of Brokeback Mountain.

VIDEO: Anne Hathaway's Short 'Do is Here to Stay

"I mean, I still can't get over that fact that I have a job, people know my name, and now Felicity Huffman likes what I did," she says after meeting the Desperate Housewives actress before the show. "It's really exciting."

Although she was ecstatic to be at her first major awards show, Hathaway wasn't expecting much but still relished the opportunity to get dolled up and enjoy an indulgent pre-show snack.

"It's a fun day; you're eating chocolate and sipping champagne. It's a wonderful experience," she says to ET's former correspondent Jann Carl. "I try to do that before these things 'cause then regardless of what happens--if you win or you don't--you're in a good mood."

VIDEO: Fashion Time Warp: Anne Hathaway

Hathaway's chocolate and champagne would have to carry her throughout the rest of the night, as she didn't win her first major award that night and her Brokeback friends didn't receive any awards on the night as well.

The now-30-year-old, short-haired Hathaway has a good chance to win her first SAG Award this year, as she is nominated for Best Supporting Actress for Les Miz.

Regardless, she'll be bubbly.

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Parts of LI get over 3 inches of snow as arctic blast continues through end of week

Wayne Carrington

Parts of Long Island woke up to snow this morning.

Parts of Long Island got more than three inches of snow late Monday.

Strong winds and frigid temperatures are expected today with wind chills dipping into the single digits through tomorrow.

Meteorologists say Brookhaven and southern and eastern communities received over three inches of snow.

The city is expected to see snow by Friday with highs only in the upper 20s.

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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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Why Google Isn’t Scared of Facebook’s Graph Search

Facebook may have just released a major search product that many are saying “declares war” on Google or may at least put the social network “on a collision course” with the search giant, but Google CEO Larry Page doesn’t sound all that worried about the new competition. Because who said Facebook and Google couldn’t get along someday? In an interview for the new issue of Wired published just two days after Facebook’s Graph Search came out to so-so reviews, Page tells Steve Levy that Facebook is “doing a really bad job on their products.” But before you laugh off that swipe — Google Buzz flopped, Google killed Reader, and Google+ has a loyal but relatively small user base — Page wants to remind everyone that Facebook isn’t direct competition, that these two Silicon Valley giants are too big for either to fail. “We’re actually doing something different,” Page tells Levy. “I think it’s outrageous to say that there’s only space for one company in these areas.”

RELATED: Three Things Google+ Can Learn from Myspace

That’s not to say Page isn’t making Google go social, or that Facebook isn’t in his rearview mirror. Facebook CEO Mark Zuckerberg has long talked about the rise of social search, and Page has taken a vested interest of late in getting people to use Google+ — even if they don’t want to. In an attempt to conquer the space, direct orders from Page forcefully integrated Google’s social network into its main search results… and pretty much everywhere else its products touch. If it were up to Larry Page, Google would require a Google+ account just to read reviews. His evaluation of Google+ as it stands? “I’m very happy with how it has gone. We’re working on a lot of really cool stuff. A lot of it has been copied by our competitors, so I think we’re doing a good job.”

RELATED: FTC Is Officially Looking into Google’s Self-Promoting Search Features

Critics might beg to differ — Google+ is often referred to as a lesser “Facebook copycat” from the search king — but critics are now comparing Facebook’s search product (which was announced before the Wired interview with Page was conducted) to Google’s main offering. And from a product standpoint, Facebook may have yet to train its users to give Graph Search what it needs to be great. Furthermore, business analysts seem to agree that Facebook’s social recommendation engine won’t hurt Google’s core business … in the near future. But Zuckerberg said at Tuesday’s announcement that Facebook wasn’t focused on the business side of Graph Search just now — even if it does offer huge advertising potential. At the same time, Graph Search could take away eyeballs (and ad dollars) from Google. If Facebook, with its friend-powered engine, ends up giving “better” results than Google for recommendations on restaurants, travel, books, music, and movies — a domination Google is still fighting anti-trust charges over — then why end up Googling at all?

RELATED: The New Google+ Aims to Perfect Procrastination

Well, even Page might think Facebook and Google can complement each other — sort of. To wit, he asked Levy: “For us to succeed, is it necessary for some other company to fail? No.” As Zuckerberg said on Tuesday, “our mission is to make the world more open” by giving people tools to connect. And Google’s stated mission ”is to organize the world’s information and make it universally accessible and useful.” Are those so similar that they can’t get along? After all, that could be the future of search: You go to Facebook to see what your friends and the people you trust have to say, and then you head to Google for the facts. Of course, neither Facebook or Google wants the future that way, exactly: Facebook has actually teamed up with Microsoft to complement Graph Search, sending people to Bing for those fact-finding, Google-style queries; Google, meanwhile, as Google+ as its social-search equivalent of Graph Searching. And users don’t really want to go to so many different places for basic information that’s built to make their lives easier. Part of the reason people have stuck with Google, despite all of its privacy and anti-trust issues, is that the company’s ultimately done a really good job on their products — GMail, Google Drive, Reader, and their fellow “apps” have become an integral part of our Internet lives. Facebook wants that role, and if social search ends up working — well, then why not chat on Facebook, email (and make phone calls) with Messenger, sext with Poke, and read your news via the News Feed? 

RELATED: Why Google Really Wants You to Use Google+ This Year

Of course, Page said all this stuff weeks ago. And who knows how Graph Search is going over at Google headquarters. Maybe he just he meant a different product that was so… bad. Or maybe he really just doesn’t get Poke? Either way, Larry Page knew this fight was coming. The whole world did.

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SAG Awards Flashback: Tina Fey 2008

Tina Fey had a career year in 2007. After acting and writing for Saturday Night Live for many years, she created her own comedy series in which she also starred, 30 Rock, and was graced with nominations at the ensuing awards circuit. How did she celebrate that momentous span of her career? With a cough drop.

As the comedic actress and writer stands on the red carpet at the 2008 SAG Awards with ET's former co-host Mary Hart, Fey had just won her first Golden Globe and was nominated for her first SAG Award that night for Best Actress in a Comedy Series.

VIDEO: Tina Fey & Amy Poehler Auction Off Friendship

Fey wasn't present to receive her Golden Globe, so the SAG Awards was her first appearance on an awards red carpet that year.

"I appreciate getting to come out tonight and wear a dress," she says, then turning to humor. "I feel like...I won the other [awards] so if we lose everything tonight, I can still act like a big jerk and show off."

As she chats with Mrs. Hart on the platform, Fey also discusses the inception of 30 Rock, which will soon end its successful seven-season run. Commonly tagged as an underrated show, she mentions the show as being in a place of "trying to win people over," which is where it seemed to remain despite a loyal audience.

RELATED: Tina Fey Talks End of '30 Rock'

Nevertheless, Fey received her first SAG Award that night for the show.

"It's been crazy," she says of her awards show success, then not-so-subtly using her interview to plug a brand. "I'm sorry; I'm enjoying a Halls cough drop in celebration."

The amusing actress would have plenty more opportunities to drop a brand name after a SAG Awards acceptance speech, as she would go on to win the same award the following two years as well.

VIDEO: Emmy Flashback: Tina Fey '07

Fey has been nominated for a SAG Award in every awards show since she won in 2008 but has not won an award in the past two years.

Nominated once again this year, she'll have a chance to win her fourth SAG Award for 30 Rock.

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Rare posters seized by Nazis up for auction in NYC

A collection of rare posters seized from a Jewish collector by the Nazis is up for auction.

Hans Sachs started collecting posters as a teen and became Germany's leading private collector with 12,500 posters. The Nazis seized the collection in 1938.

His grandson Peter Sachs went through a legal battle for several years to get what was left of the collection back.

Just over 1,200 have been put up for sale at Guernsey's. Details of the three-day auction, which started Friday, weren't available Sunday night.

The collection includes a poster that Edvard Munch designed for an exhibit of his own works in Zurich in 1922, an 1898 poster by Austrian symbolist painter Gustav Klimt, and James Montgomery Flagg's 1917 "Uncle Sam" recruiting poster "I Want You For U.S. Army."

AP

Peter Sachs holds up a book with some of his father, Hans Sachs' favorite posters at his home in Sarasota, Fla.

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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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