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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At Obama’s church service, hymns, prayers – and a tweet?

WASHINGTON (Reuters) – There was preaching, praying and singing at President Barack Obama’s church service on Inauguration Day on Monday. But was there tweeting, too?

As Atlanta pastor Andy Stanley wrapped up his sermon at St. John’s Episcopal Church across from the White House by urging Obama to leverage his power for the greater good, a tweet went out from the president’s own Twitter feed.

“I’m honored and grateful that we have a chance to finish what we started. Our work begins today. Let’s go. -bo,” said the tweet, which went to more than 26 million Obama followers.

Obama typically designates tweets that he writes himself by signing his initials in lowercase: “-bo.” That led to questions over whether the president had tweeted from church – and perhaps provided a new chapter in the debate over the appropriate use of social media.

But a White House spokesman said Obama did not send the tweet in the middle of the church service.

That means it could have been done by Obama in advance and timed for release while he was in church, or that it was posted by Organizing for Action, the non-profit group that now operates the president’s Twitter account.

The new group, which is led by Obama’s former campaign team, plans to try to build public support for the president’s policies.

The group did not immediately comment on the authorship or timing of the tweet.

Even if Obama had sent out the tweet from church, such messages from the pew are no longer taboo, said Scott Williams, a pastor and consultant from Edmond, Oklahoma, who works with ministries to use social media to spread the word and engage members.

“It’s definitely OK – it’s relevant,” he said. He cited a verse from the prophet Isaiah: “Like a crane or a swallow, so did I twitter.”

“‘Thou shalt twitter in church’ is a way that I present it,” Williams said in an interview, noting that many people now used Bible apps on their mobile devices in the pews.

Stanley’s North Point Community Church in Atlanta produced a Christmas music video for iPhones and iPads that has been viewed 3.7 million times on YouTube, said Williams, who is familiar with the 33,000-member ministry.

Stanley delivered his sermon in a very “old-school” setting. St. John’s, a yellow church with white trim, was built in 1816 and often is called the “Church of the Presidents” because every president since James Madison has attended it at least occasionally.

The service included a mix of traditional hymns such as “Oh God, Our Help in Ages Past,” a gospel solo by singer Ledisi, and an African-American spiritual, “Great Day.” It also included readings and prayers from Jewish, Christian and Catholic clergy.

Stanley talked about a passage in the Bible where Jesus washes his disciples’ feet, setting an example of equality.

“What do you do when it dawns on you that you’re the most powerful person in the room? You leverage that power for the benefit of other people in the room,” Stanley said.

“Mister President, you have an awfully big room,” the pastor said. “It’s as big as our nation. At times, as you know, it’s as big as this world.”

(Editing by David Lindsey and Peter Cooney)

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Selena Gomez NYC Annual Charity Concert 2013 UNICEF

For several years now, Selena Gomez has partnered with UNICEF, an international program that benefits children in developing countries, to put on a charity concert aimed at benefiting the program and kids around the world. In an interview with ET Canada, the pop star opened up about what made her feel so strongly about the organization and its cause.

"I absolutely admire the people that get up every day and devote their lives to helping kids," Selena said. "I think takes such strength for somebody to do that."

Selena, only 20-years-old herself, has a great deal of younger fans, and feels a special connection to doing what she can to help out.

"Kids are so honest, that's why.... Me just using my platform and my voice, doing shows like this for them--I want to do as much as I can."

The singer's annual concerts have so far raised a great deal of money for the UNICEF program, including over $200,000 at the second annual concert alone.

In addition to the UNICEF benefit, ET Canada asked Selena about her upcoming movie, Spring Breakers, and album, both expected to release this March.

On the Harmony Korine directed film, in which Selena co-stars alongside James Franco and Ashley Benson (Pretty Little Liars), the actress thinks that even the Skrillex music-infused trailer doesn't all the way capture the gritty nature of the story, which follows four college roommates through a Florida vacation turned crime spree.

"I still don't even think the trailer shows the full extent of Spring Breakers, but hopefully we'll get some good feedback."

See Also: Hollywood's Hottest Bikini Bods!

On the album, Selena kept the details sealed tight, and expressed an interest in working with friend and fellow musician Taylor Swift, but wouldn't confirm.

"I want to [work with Taylor]! We should, I have like a month left. She's actually recording too right now, so she's in Nashville, but hopefully."

See Also: Selena Gomez 'Having Fun' With Dating

At the benefit concert, Selena didn't unveil any new material, opting instead for covers, including the Justin Timberlake classic, Cry Me a River.

"I'm kind of keeping [the new music] under-wraps. I'm not really saying much...because I really want to surprise people.

See the video above for more of ET Canada's interview with Selena at the exclusive performance from her one-night-only UNICEF benefit Acoustic Charity Concert in NYC.

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Mickel$on tax: What the putt?

New tax laws have Phil Mickelson teed off.

The wealthy pro golfer — known as “Lefty” on the golf circuit — threatened to make some “drastic changes” because of federal and state tax hikes that are crimping his style.

“There are going to be some drastic changes for me because I happen to be in that zone that has been targeted both federally and by the state and, you know, it doesn’t work for me right now,” the San Diego native said at the conclusion of a tournament at La Quinta Country Club in La Quinta, Calif.

Mickelson, 42, alluded to the possibility that the 22nd -ranked golfer — who has a net worth of $180 million and earned roughly $47 million last year, according to Forbes — may leave California.

AP

Phil Mickelson

“So I’ve got to make some decisions on what I’m going to do,” said the four-time major golf championship winner to reporters Sunday.

“If you add up all the federal and you look at the disability and the unemployment and the Social Security and the state, my tax rate’s 62, 63 percent,” he noted.

Tax changes made to close the gap on a $700 million budget shortfall in California have irked wealthy residents, compelling more to mull leaving the state, said managing shareholder Betty Williams at Williams & Associates.

“Many [high earners] are stuck with a tax liability that they didn’t really help create,” Williams said. “Mickelson has to consider where he’s getting his value for his taxes.”

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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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New Miami city clerk takes the dais

New Miami City Clerk Todd Hannon isn’t worried about maintaining order on the commission dais.

After all, he once helped enforce no-fly zones in Iraq.

Serving in the U.S. Navy prepared Hannon for City Hall in more ways than one. He learned to be disciplined, pay attention to detail and take ownership of his work, he said.

Hannon became Miami’s chief administrative officer last week. He replaced longtime clerk Priscilla A. Thompson, who retired in September after a 32-year career in City Hall.

Hannon, 41, isn’t your stereotypical military guy. He wears his long hair in a ponytail, carries a backpack to work, and surfs and snowboards in his spare time.

“It’s that West Coast mentality,” said Hannon, who lived in California before moving to Miami eight years ago. “I like to think you can be easy-going and still get things done.”

He has big plans for the office, including updating Miami’s electronic records systems and putting the historical archives online. He hopes the state will be willing to help out with the cost.

“We want to make it as easy as possible for the public to access our records,” he said. “We just have to do it smartly and make sure we get the best for our money.”

A native of northern Virginia, Hannon started at the naval training camp two weeks after graduating from high school. His reason for joining was simple: He wanted to see the world.

“I had never been out of the country before,” he said. “I was looking to do something adventurous.”

The Navy brought Hannon to Australia, Japan and Singapore. He specialized in “battlespace” management and over-the-horizon warfare. In 1992, he was stationed on the USS Ranger, an aircraft carrier that monitored Iranian air traffic in the Persian Gulf. He later helped protect humanitarian efforts in war-ravaged Somalia.

“It was a great education,” Hannon said. “Each decision I made had to be thought through thoroughly, and then communicated up the chain of command.”

When Hannon’s service ended, he enrolled in community college and then transferred to the University of California at Berkeley. After graduating with a degree in political science, he went worked for a state senator and ran political campaigns.

Hannon moved to South Florida in 2005, and was accepted into the University of Miami School of Law. But when he realized how much it would cost, he decided not to enroll. Instead, he took an entry-level job in the Miami city clerk’s office.

Thompson, the former clerk, said Hannon’s work ethic quickly distinguished him.

“I also noticed that he was very diplomatic,” Thompson said. “He was always able to rally the troops. That’s not something that you would normally find in someone as young as him.”

Hannon worked his way up, eventually becoming assistant city clerk in early 2011. He was responsible for overseeing records, legislation and more than 30 city boards, committees, trusts and agencies.

Last month, the City Commission voted 3-2 to make Hannon the next city clerk.

Commissioner Michelle Spence-Jones said she voted for Hannon because she admires his “spirited leadership.”

“He’s a humble guy, but he’s a very focused guy,” she said. “Priscilla taught him really well.”

Hannon is still negotiating his new salary, he said. It will be “nowhere near” Thompson’s salary of $192,270 a year, he noted. He made $69,471 a year plus benefits as assistant city clerk.

Hannon’s duties will include including maintaining the official record, helping the public access legislative documents, working with lobbyists and overseeing city elections. He will also serve as parliamentarian during City Commission meetings — a challenging task when meetings get chaotic.

Commissioner Francis Suarez, who also voted for Hannon, believes he will be a calming presence on the dais.

“He is extremely well-prepared,” Suarez said. “He always seems to be one step ahead of you, anticipating your question.”

Hannon has no concerns about taking the hot seat.

“I’ve been on the dais for years,” he said. “This time, I’ll be the steward of the ship.”

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Mobile revolution in Myanmar is on the cards, but too slow for many

YANGON (Reuters) – Myanmar is on the cusp of a mobile revolution. Only it’s happening way too slowly for many locals.

Last week the government invited expressions of interest for two mobile phone licenses – a first step towards increasing mobile penetration from its current 5-10 percent to 80 percent in three years. That would lift it off the bottom of the world’s ladder of mobile use and put it on a par with neighbors like Bangladesh.

In the meantime, users are chafing at the pace and price of adding connections.

A year ago the informal technology conference Barcamp Yangon was buzzing with rumours of a SIM card that would cost about $ 6 – or 1 percent of its actual price at the time.

A year on, Barcamp is back but the talk is much less dramatic: whether the state-owned operator might this week release SIM cards costing between around $ 100. That would still be half of what the last tranche sold for, but it still leaves many unhappy.

“The clock is ticking,” says Ravi Chhabra, a local technology entrepreneur. “People are frustrated. There is lots of speculation and this creates anxiety.”

Nobody questions the need for more connections, and foreign operators have salivated at what amounts to one of the last major untapped markets.

President Thein Sein has made it clear that mobile telephony is a cornerstone of his policy, and has also vowed that mobile communications would be cheap – a promise he reiterated to a conference of donors on Saturday.

Still, getting it done is not proving easy.

The notice inviting expressions of interest in two licenses was a welcome sign that things were moving, but IT experts and sources close to the communications ministry said the timing was surprising, given that the revised telecommunications law which would define the nature of any investment had yet to be passed by the parliament.

The government said in an appendix to the notice that a new draft of the law – which had been quietly withdrawn last year after criticism about its contents – had been submitted to parliament and was expected to be passed by June.

“After the law is finished then there should be a clear policy before any expression of interest is sought,” said Zaw Min Oo, secretary general of the Myanmar Computer Federation.

On top of that, the next day Telecommunications Minister Thein Tun, who had overall responsibility for mobile licensing, resigned. No reason has been given, and officials declined to comment.

“BIT OF AN EARTHQUAKE”

Sources close to the ministry say his departure had been rumored for several months, but the timing was unexpected, and raises questions about what might happen next.

“It’s been a bit of an earthquake; now we need to sit back and watch, see which buildings fall down,” said one source close to the ministry who, like others interviewed, declined to be named for fear of jeopardizing business relationships with the ministry and its companies.

Not everyone is concerned. Romain Caillaud, a Yangon-based consultant with Vriens and Partners, says both the notice and the resignation “should accelerate the liberalization and growth of the telecom sector.”

Major foreign telecommunications companies are likely to submit expressions of interest ahead of the deadline of January 25, say experts.

Alessio Polastri, a lawyer who represents several such firms in Myanmar, says whatever delay in the process there has been will benefit the government.

“It’s almost an asset in that initial concerns about political stability have disappeared, so, most likely, not only more telecommunications companies will take part in the tender process but also the winners shall be more confident in committing higher investment,” he said.

More thorny for the government, however, may be assuaging local interests. By inviting expressions of interest for two licenses, the government appeared to be committing itself to offering four licenses – two for foreign companies, and two for local ones: state-owned Myanmar Posts and Telecommunications, or MPT, and Yatanarpon Teleport, an internet service provider which is 51 percent owned by MPT.

Some local businesspeople are questioning the wisdom of this, saying that MPT should not effectively own more than one license.

CHEAP SIM CARDS

Dozens of local IT entrepreneurs last November formed the Myanmar Technologies and Investment Corporation to bid for a license, and are currently lobbying parliament to merge the two local licenses, giving them a better chance of either winning one or setting up with a partner.

“So far the ministries have come back with positive responses and encouraged us,” said Thaung Su Nyein, who is also managing director of local media and IT company Information Matrix. “Even if we don’t get this license we’ve been led to understand we’ll get other business licenses.”

But more pressing is growing public frustration at the lack of progress on the ground.

Last year’s talk of cheaper SIM cards was fuelled partly by MPT’s decision to press ahead with expanding its own network, promising to add 30 million GSM connections by 2016 – financed by allowing contractors building the towers to sell a certain number of SIM cards.

Since then, the rumor mill has been alive with chatter about when new tranches of SIM cards might be available, and how much they might cost. A few weeks before the tech meet up, a previously obscure businessman held a press conference at which he promised SIM cards costing only 5,000 kyat (around $ 6).

While the promise went unfulfilled and the businessman disappeared from view, it started a movement of sorts: stickers appeared demanding 5,000 kyat SIM cards and several people were arrested in small demonstrations, according to exile media.

Those hopes have been dashed, but the shortfall of SIM cards ensures interest in a steady stream of sometimes conflicting reports about another imminent sale. One local media report quoted officials as saying more than 1.5 million SIM cards would be sold on Monday for 100,000 kyat each, or about $ 112.

That would still be out of the reach of most people in Myanmar.

“People want to see faster progress,” said a source close to the ministry. “At least half the country want a phone, and they want it soon.”

(Editing by Daniel Magnowski)

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David Arquette Viola Davis Send Well-Wishes to Barbara Walters

ET's Christina McLarty gained access to the Creative Coalition dinner in Washington D.C. on Sunday, where Barbara Walters was on the minds of many of the stars in attendance.

With Barbara Walters' hospitalization following a fall over the weekend, the veteran journalist is expected to miss the Presidential Inauguration tomorrow. Knowing how much she must've wanted to be present, Viola Davis sent words of comfort to Barbara via our ET cameras.

RELATED: Presidential PDA on Election Day

"Ms. Walters, there will be more historic moments. Not to worry," said Viola. "But in the meantime, we are all so inspired by the standard that you set that we're going to try to put on the big girl pumps tomorrow and see how we pull it off."

Barbara took a tumble on a stair on Saturday while visiting the British Ambassador's residence in Washington. Her rep gave this statement to ET: "Out of an abundance of caution, she went to the hospital to have her cut tended to, have a full examination and remains there for observation. Barbara is alert (and telling everyone what to do), which we all take as a very positive sign."

David Arquette also sent well-wishes to the 83-year-old newswoman, but with a comedic twist. Click the video to hear his fake conspiracy theory about what really happened to Barbara.

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‘Shake’r joins hot UWS list

Star restaurateur Danny Meyer has joined the top-flight tenant tasters at the now-shuttered Ollie’s space next door to the Apple store on the Upper West Side, Side Dish has learned.

The 7,500-square-foot space at 1991 Broadway by Lincoln Center is coveted in large part because of its current neighbor.

“Being directly next door to Apple is a dream for any retailer or restaurateur, and we expect a tremendous amount of interest,” said property agent Jeffrey Roseman of Newmark Grubb Knight Frank Retail.

Sources say brands including Microsoft, Nike, Anthropologie and Patagonia have expressed interest, along with other restaurant groups such as the Cheesecake Factory and Junior’s.

Meyer is the CEO of Union Square Hospitality Group, whose restaurants include Union Square Cafe, Gramercy Tavern and the burger phenomenon, Shake Shack.

***

LA-based Michael Della Femina — whose father, ad guru Jerry Della Femina, just sold his home in East Hampton for $25 million — is looking for pop-up restaurant spots in Manhattan, Brooklyn and the Hamptons.

His plan is to replicate Slate, the LA café and panini bar pop-up he owns with fellow actor Josh Weinstein, in New York. Slate, at 6541 Santa Monica Blvd., is around the corner from Rao’s new LA outpost.

Della Femina and Weinstein also partnered on “Bloody” Bill Annesley’s 2009 pop-up, Libertine, in West Hollywood.

So far, Della Femina has looked at a 500-square-foot gallery space on Sullivan Street and at a 400-square-foot butcher shop on Court Street in Cobble Hill. He also checked out a gallery space in Sag Harbor.

No leases were signed, however, and Della Femina will be back in a couple of weeks to continue the hunt, a source said.

***

SIGHTING: Joanne Binder bringing the fake diamond necklace featured in the title sequence of the James Bond movie “Diamonds are Forever” to a friend’s birthday dinner at Da Tommaso. Her uncle, Maurice Binder, was the film’s title designer.

jkeil@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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