Broward Circuit Judge Edward Merrigan granted a defense request to step aside from the case after he told attorneys on both sides he could not schedule a “stand-your-ground” hearing until late spring at the earliest, a delay defendant Miguel Rodriguez Albisu and his lawyer, Kenneth Padowitz, found unacceptable.
A Broward judge has decided to step aside from the case of a Southwest Ranches wedding venue owner accused of waving a gun at his guests to break up a party that was going too long.
Broward Circuit Judge Edward Merrigan granted a defense request to step aside from the case after he told attorneys on both sides he could not schedule a “stand-your-ground” hearing until late spring at the earliest, a delay defendant Miguel Rodriguez Albisu and his lawyer, Kenneth Padowitz, found unacceptable.
Padowitz asked Merrigan to grant his client immunity from prosecution under “stand your ground” over the summer, arguing that Albisu, 59, pulled out his weapon only after he felt he was being threatened by wedding guests who thought they were being cheated out of the final half-hour of their party on March 3, 2023.
Forensic Computer Animation Frame depicting “Mike” surrounded and grabbed, placing him in fear for his life
According to a lawsuit filed by several wedding guests, Albisu showed up to their party upset that they refused to disperse at 11 p.m. Video shows him pointing his gun and yelling “get out,” though his eyes are not always looking in the same direction as the barrel of the gun. According to his stand-your-ground motion, Albisu pulled the gun only when he felt threatened by the wedding guests who had him surrounded and had already physically resisted his son’s effort to end the party.
“Stand your ground” is a law that bars prosecution of defendants who can demonstrate they were acting in defense of self or others when the alleged crime was committed. Routinely, a hearing on the motion is held to avoid a trial. If the judge grants the motion, no jury will hear the case.
Having retreated after being surrounded, homeowners arm is grabbed, prompting fear and survival instincts
At a scheduling hearing in late September, Merrigan suggested having the stand-your-ground hearing at the same time as the trial, a proposal Padowitz immediately rejected as inconsistent with the letter and spirit of the law.
Padowitz immediately filed a motion asking the judge to reconsider his decision, then to step aside.
Judges are prohibited from commenting on recusal motions except to declare whether they are legally sufficient.
The case has not been reassigned or rescheduled.
