• Logout
  • Member Center

Dec. 19, 2006 | Wily 'court jester' a frequent case winner

snesmith@MiamiHerald.com

"Here we are in the year 2006 when things are so technologically advanced and you don't have a tape recorder or a video recorder?" Gaer asked.

"No sir, " Det. Magdiel Armenteros responded.

"Wouldn't it be fair to document those sorts of things?" Gaer continued.

"It is documented in my supplemental report, " the officer responded.

"But isn't it true that a police officer can put anything he wants in a report, that he can get cute with the facts if he wants and no one will know?" Gaer asked.

"No sir, there's nothing cute about my job, " the officer replied petulantly.

After questioning why there was no DNA or fingerprint evidence, Gaer had given the jury reasonable doubt.

His client was acquitted of attempted murder and convicted only of auto theft. He was facing 30 years in prison but got just 10.

"What can I say? Sy's a hero, " Circuit Judge Julio Jimenez said after trial. "I thought this case was a slam dunk."

Jimenez worked in Gaer's office in the early 1980s, a time he recalls as exhausting.

'HE'S SEEN IT ALL'

"Sy's like a professional gambler, " he said. "He knows all the possible combinations that might come up. He's seen it all before."

So why keep doing it?

"I find it mildly amusing, " Gaer said one day, sitting in his office a few blocks from the courthouse. He's been there for years. He redecorated in 1977 and hasn't seen a need to change the orange-and-cream shag carpeting on the wall.

Though he's had several high profile cases over the years, he tends to shun the media. He adamantly refuses to discuss any but the barest details of his personal life.

Born and raised in Queens, where his father was a taxi driver, he went to school on the GI Bill - first Queens College, then the University of Miami Law School.

He's been married but won't say how many times. Circuit Judge Scott Silverman was briefly his stepson, back when Silverman was 4.

"Every judge who's in that building now, the day they walked in, Sy Gaer had already been there 10 years, " Silverman said. "He came with the building."

Gaer was overwhelmed and a bit embarrassed by all the attention he got on his birthday. Three different judges interrupted court to sing Happy Birthday.

The Miami-Dade criminal defense bar put on a party that night at Tobacco Road that drew a few hundred Justice Building regulars.

"I can't believe this turnout, " Gaer said. "It's not like I'm Mother Teresa or something. I just made a good living."

Lawyers and judges traded Sy stories. Like the one about the young prosecutor who carts a box of files into the courtroom, ready for trial. Gaer walks in without even a briefcase. He asks the prosecutor if he can borrow a couple of pieces of paper.

Gaer won.

"After that I used to bring in extra pads for Sy, " Assistant State Attorney Philip Maniatty recalled.

State Attorney Katherine Fernández Rundle arrived with a big bear hug for Gaer: "He was one of my first teachers. I used to watch him talk to jurors. It was impressive what he could do with them."

Circuit Judge Reemberto Diaz said Gaer "understands the psychology of a jury."

"People think he wings it. He doesn't. He knows the law better than anyone in the building probably, " said defense attorney Phil Reizenstein.

Gaer is the first to point out he doesn't win anywhere near all of his cases. Asked why he didn't seem to have any enemies in a building built on confrontation, he said: "I had one once, but he's dead now. I guess I've outlived all my enemies."

WHAT COLLEAGUES SAY ABOUT SY GAER * Assistant State Attorney Philip Maniatty: "He will go through an entire trial and refer to his client by the wrong name and the jury will acquit anyway." * Defense Attorney Richard Sharpstein: "He kicked my a- as a young prosecutor a couple of times. I thought, 'this guy hasn't taken a single deposition.' " * Circuit Judge Julio Jimenez, who once worked with Gaer : "There are people who can't afford Roy Black, but they want to hire their own attorney. He's told me before, 'People are proud. There's no better feeling for some of these guys than to be able to pay for their own lawyer.' " * Assistant State Attorney Bill Kostrzewski: "There's so many curmudgeons out there that are real curmudgeons and nasty people, but Sy's a really nice guy." * Circuit Judge Diane Ward: "He represents people who no one has ever fought for before. When Sy is fighting for somebody, the whole courtroom is listening. That's a nice thing for somebody who's scared." * Assistant State Attorney Kionne McGhee: "I saw him beat down a colleague of mine. I mean, beat down into the ground." * Circuit Judge Norman Gerstein: "We used to joke at one time that he had as many cases as the Public Defender's Office."

Join the discussion

The Miami Herald is pleased to provide this opportunity to share information, experiences and observations about what's in the news. Some of the comments may be reprinted elsewhere in the site or in the newspaper. We encourage lively, open debate on the issues of the day, and ask that you refrain from profanity, hate speech, personal comments and remarks that are off point. In order to post comments, you must be a registered user of MiamiHerald.com. Your username will show along with the comments you post. Thank you for taking the time to offer your thoughts.

Comments (0)
|
  • Videos

  • Quick Job Search

Enter Keyword(s) Enter City Select a State Select a Category