Karlie Tomica's Lawyers Try to Get Judge Thrown Off Party Princess Hit-and-Run Case

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The lawyers for Karlie Tomica, the 20-year-old Nikki Beach bartender and self-proclaimed "Party Princess," are trying to get the judge assigned to her DUI hit-and-run case thrown out. Tomica's lawyers claims Miami-Dade Judge Migna Sanchez Llorens made comments during an earlier court appearance that indicated the judge had formed opinions about the case without evidence.

"In life you make choices, and you clearly made choices that night," Llorens told Tomica during a mid-February court appearance. "You made choices to drink. It's indicated that your levels were beyond anything ordinary."

Defense attorneys claim the judge made that statement without hearing evidence or testimony. However, Tomica's blood alcohol results had come back at three times the legal limit.

Tomica is accused of hitting and killing Stefano Riccioletti, an executive chef at the Shore Club, on Collins Avenue January 29 and then leaving the scene.

"Of all the rights guaranteed by the due process clause, there is none more fundamental than the rights to an impartial judge," reads the motion, according to WSVN.

Judge Llorens must now either recuse herself from the case or deny the motion. If she denies the motion, Tomica would have the right to appeal.

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29 comments
nietzschele
nietzschele

This development is actually quite fascinating. If I may say so; the judges comments about "choices" that this article is referring to struck me as very judgmental when I first heard the judge utter it.

So, i find the attorneys motion very acceptable, being that I instinctively thought the judges comments to be too much on the judgmental side, especially before any testimony was heard.

Whatever the case, she's entitled to a fair and balanced trial, as everyone else in America.

drakemallard
drakemallard topcommenter

Supplying alcohol, furnishing, means to allow underage drinking to occur, whether you actually hand the alcohol to the party or sell it to them or not,“If you are allowing them to underage drink on your property and you’re not doing enough to prevent, you are now furnishing them alcohol.

  can the family  of Stefano Riccioletti  Sue the bar for allowing underage drinking

internetinternet
internetinternet

Here employer and the city of Miami Beach are hoping this story goes away. 

RD Swartz
RD Swartz

Stupid ass lawyers, no wonder they are so hated!!!!!

Frank Castle
Frank Castle

the lawyers are just buying time.....she will go to jail, she deserves it

Jimbo99
Jimbo99

Why is it that some judges feel the need to say things that really aren't necessary sometimes ? And before anyone says Karlie is the problem here in the way the justice system is handlin it & getting it done, needs to realize that this is way bigger than just a 20 year old DUI manslaughter. South Beach and that entire industry has been named in other lawsuits that are spinoffs of this one. The lawyers are going to do everything in their power to drag this case out. The sooner they get a conviction here, the sooner Nikki Beach faces it's fate for it's role in this. There are a lot of folks/a community losing big money on this one and while that may not be what anyone thinks should be the focal point of this, it really is what it's about for the night club industry and community of South Beach.

ellyx
ellyx

When a lawyer knows his client is guilty and risks long time in jail they resorts to technicalities. 

Like postponing the court appearance to April 16 hoping that "emotions" had calmed down and the spotlight had moved away from the case, dressing the client as a little girl hoping for leniency,  saying the Judge is taking side and who knows how many more we have to hear yet.

How was the statement "you made the choice to drink that night" be preconceived ? The toxicology report was out few days before the appearance before the judge and it was all over the news, the 911 call of the witness saying the driver was drunk and unable to walk when emerged from the car were also information available before they went in front of the judge. The police report was available and indicated they smelled alcohol on her and her speech was slurred. The prosecutor presented these information, including the toxicology report before the judge made that comment. So what exactly was "preconceived?"

You can try all you want dear lawyer your client will go to jail a long time..the longer the better for many of us. For Stefano's kids that will grow up without a father while Karlie is worrying about her finals and about her party life that is no longer. Pitiful ! you belong in Jail and your lawyer can keep you company.

The lawyer and the party princess  haven't fooled us or the judge one bit.

Burbank Okuda
Burbank Okuda

i couldn't agree more. i can walk to a dozen bars, i can walk to 7-11 and several other stores that i can feed my need for drink...this won't stop until this becomes murder.

Michael Canales
Michael Canales

This country has laws that are meant to protect our population. If you want get drunk...fine...get drunk at home. Most people live within walking distance of either a bar or a market that sells some sort of alcohol...get behind the wheel of a car drunk and you are committing a crime. kill someone while driving drunk and you have committed murder. I also have no sympathy for her tears...rent a limo if you want to party...oh...can't afford a limo????? Too friggin bad. Stay home and drink in front of the TV like the rest of us.

Burbank Okuda
Burbank Okuda

Thank you MIchael rarely do speak so passionatly or heatedly, but this has to stop. I enjoy a good drink, but I can assure you I would never drive drunk and should I be so callous and craven I would never leave my victim dying on the road without doing my very best to render aide and allow the police to experience my contrition and sorrow for my actions.

Burbank Okuda
Burbank Okuda

She is a drunken murderer..stop with her tears . If she had any compassion, empathy or any sense of dignity she would have stopped and rendered aid instead she ran and was chased down by an empathetic caring citizen. She is going to the pen and deserves every thing that she gets. She is callous, craven and doesn't give a rats ass that she slughtered a human being, took a husband away and destroyed his childrens lives. throw the book at her.

Janelle Syren
Janelle Syren

Even if the judge recused herself, another one will come along and jail her, anyway. Also, her mugshot makes me want to punch my computer screen, it is SO ANNOYING.

Kzm Ufc
Kzm Ufc

Refuse the motion. Make her appeal and spend , spend spend...time in jail.

Humanist_0001
Humanist_0001

@nietzschele Agreed on all points. She should have an impartial judge and a jury of her peers. None of that changes the fact that this is such an open and shut case that you'd genuinely have to be the worst district attorney in the entire world to let this girl go free. DWI, underage drinking, vehicular manslaughter, leaving the scene...this, pardon my language, worthless cunt needs to be made an example of. To me, at least, she represents a particularly nasty iteration of social rot that should be publicly flogged if such things were still allowed.

ellyx
ellyx

@Jimbo99  Karlie made her choices. Not every one that drinks gets behind the wheel drunk, not everybody that drive drunk kills somebody and not everybody that gets into an accident drives away leaving that person to die as an animal on the sidewalk. These were all personal choices and decisions that have nothing to do with South Beach lifestyle. It's like blaming America on having alcohol legalized as the reason of every DUI. Hit and run has nothing to do with alcohol or night club industry.

defy.convention
defy.convention

@ellyx Exactly!  If I see ONE more picture of her whiny face I'll puke. Grow up, you little brat.  She was TRASHED, so she should be put with trash for a long time.  How long?  How long is it going to take Stefano's family to serve the sentence SHE imposed on them?

Jimbo99
Jimbo99

@Michael Canales some municipalities have laws against one wandering a few blocks intoxicated just the same, but at least the pedestrian isn't running people over ? Better to drink a soda, no hangovers and one isn't impaired, there's legally .08 drunk and then there's impaired enough to still have problems. I stopped drinking a long, long time ago, the local government with it's dui's, the lawyers, the beverage industry, everyone making a buck off it except the moron sitting on the barstool. This case presents an interesting situation ? How to keep the cash registers ringing up alcohol sales while setting it right with the family, when the latter will really never happen. The irony is that Penrod's daughter, Nikki, that bar was named after his daughter after she died as a victim of a drunken motorist. Keep it open and let the customers continue to payout one drink at a time I guess ?

defy.convention
defy.convention

@Janelle Syren SO true...that mugshot is so ridiculous it almost looks like a hoax...scary thing is...it's REAL!  The poor prom queen just got a reality check LOL.

Nerys9
Nerys9

@beelzebozox86 

I'm SO GLAD that your main concern for this article was a minuscule typo, and not the fact that some drunk bitch KILLED someone and left the scene of crime. *small, sarcastic clap for you* 

Jimbo99
Jimbo99

@ellyx @Jimbo99 I simply refuse to empower that somehow you feel that this is as clear cut a case. Karlie is the basest player, but already named in a civil suit is Penrods/Nikki Beach and if you don't think that's as deep into the bowels of South Beach as you can get ? That's all I'm saying. Nikki Beach is a gold mine, thus why Karlie was the Party Princess living the life. Nikki Beach makes quite a good bit of money for that community, they can not afford to have that location shut down over this, especially heading into Spring Break. So this will drag out, because this will not only drag out, but the case vs Penrods/Nikki Beach will as well. Karlie Tomica is immaterial when it comes down to the money involved. The show must go on as usual in South Beach, you can bank on that. She is only getting that legal representation because of ties to Nikki Beach, otherwise she'd be left to eat all of this and they'd have no problem making her take the blame if it meant Nikki Beach goes on as usual.

ellyx
ellyx

@Jimbo99 @ellyx Nikki beach gave her a job. We are all paid sirens of our own jobs. Deciding to drink after the shift was over was her decision. Decide to get trashed and get behind the wheel instead of paying a cab was her decision, not to stop and help the dying man was her decision, resist arrest again her decision, refuse any alcohol test well guess what still her decision. Nikki beach does have its own share of responsibilities and its share of guilt on it, but she was an adult and made her own share of decision, and those are mainly what caused all this. If I give you a knife for your birthday and you decide to kill somebody for it, will I be liable for your decision on how to use the knife I gave you???? she is a sorry human being and if a 20 she is able to callously do this, we as a society we are better off with her around when she gets older.

Jimbo99
Jimbo99

@ellyxKarlie had no lifestyle beyond what Nikki Beach afforded her, she was a paid siren at the local watering hole. At her best she was slinging drinks as fast as the customers could order them and they loved her for it, she was a machine, a cog in the engine. And at her worst, well, this is it, it all turned to sheet. Decisions were made, you make it sound as though it all falls on her, NB empowered her to make decisions just the same, it's part of that culture, whether it's South Beach, Kendall, Aventura/NMB, the club industry creates mixologists out of ordinary bar tenders and in NB's case, they created the Party Princess out of a part time college student.

ellyx
ellyx

@Jimbo99 @ellyx Nikki Beach has his share of responsabilities and they will have their day in court. Karlie had her lifestyle because she chose it and so every decision after that not because of Nikki Beach.

Not everybody that go eat at a restaurant become obese, not everybody that go out to drink gets drunk...Nikki beach was responsible in allowing her to drink on the job but she chose to do so and when it wasn't even legal to do it. Nobody put a gun to her head. After she left Nikki Beach all other decisions including abandoning a dying man on the sidewalk were ONLY her choice, again not Nikki Beach.

Each is responsible of something, each will get what they deserve.

The sooner the better for all.

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