This email about another case handled shamefully by the Dade County State Attorney's Office (Motto "Wrecking the reputation of the office Janet Reno built every day and, in every way.")
Congratulations to Michele Borchew, Adam Goodman, Khurrum Wahid, and Alyssa Espinosa.
Their clients sat in custody for six years waiting for their day in court, insisting on their innocence. On Tuesday night, after picking the jury in this homicide case, the lawyers received a response to an outstanding Chapter 119 request for communications between the SAO and the lawyer for a cooperating witness. The response included an email between the previous prosecutor and the lawyer for the cooperating witness that was obviously exculpatory and Brady material. In the email, the previous prosecutor explained that she had “met with Michael Von Zamft” and the cooperating witness’s story did not line up with their theory of the case. The previous prosecutor (who is no longer at the SAO) said that if the cooperating witness wanted to provide a second statement, the state would listen – but otherwise the plea would be a long prison sentence. This email was not disclosed to the defense until the Chapter 119 request (and even then, it was disclosed by accident, as it wasn’t directly responsive to the request because it was from a prosecutor who’d left the office).
The defense sent the Brady email to the current prosecutor on the case, who did the right thing and dismissed the case yesterday morning.
FACDL-Miami has previously expressed to the State Attorney our belief that an independent prosecutor’s office should be conducting the investigation into Michael Von Zamft and we will reiterate that position again. The email discovered in this case continues to show aJ need for change at the State Attorney’s Office – and we will continue to push for that change.
The email that was discovered through a Chapter 119 request is also a great reminder that Chapter 119 can be a great tool for the defense bar. Much of the misconduct uncovered in the last year has been through Chapter 119 requests – so if you’re not already using this tool, I’d encourage you to do so.
Congratulations again to Michele, Adam, Khurrum, and Alyssa. Their clients saw justice thanks to their incredible work. I’m so proud to be a part of this defense bar.
John Dean was recorded famously telling President Nixon that there was "a cancer growing on the Presidency" in recounting the issues surrounding the Watergate break-in and cover-up.
Listen to us Ms. Rundle. There is a cancer in your office. It is a culture of win at all costs and the with holding of exculpatory evidence. The more people dig into what MVZ did the more repulsive and anti-ethical acts they find.
This morning we learned of a prosecutor who is facing severe criticism in the office from his/her/their supervisors for turning over exculpatory evidence in a prosecution that will most likely cripple the prosecution. That this prosecutor is fearful for their job, and being attacked by their colleagues and supervisors is shameful. It is even more evidence that there is a cancer in the Miami SAO. It is a culture that has strayed afar from the maximum we well know you heard Janet Reno say many many many times- "go where the facts and evidence take you and do the right thing."
Your office is broken. You cannot fix it and you have been unwilling and unable to take the myriad of suggestions of people who do respect you that you need an independent panel to review what MVZ did and to dig a new well- because MVZ poisoned your well and the culture of your office.
A tragedy is brewing Kathy, and you will not be able to say next time that you have not been warned.
13 comments:
As the Honorable Edward Newman used to say, "The machine is broke, State. Fix it."
I use this:
Public Record Request, Section 119.07(1) Florida Statutes, Rule 2.420(2), Florida Rules of General Practice and Procedure, and Article I, Section 24a of the Florida Constitution. All public records requests shall be acknowledged promptly and in good faith, F.S. § 119.07(1)(c)
Florida Rules of General Practice and Procedure
Rule 2.420 - Public Access To And Protection of Judicial Branch Records
(2) "Judicial branch" means the judicial branch of government, which includes the state courts system, the clerk of court when acting as an arm of the court, The Florida Bar, the Florida Board of Bar Examiners, the Judicial Qualifications Commission, and all other entities established by or operating under the authority of the supreme court or the chief justice.
Public records are defined as "all documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, data processing software, or other material, regardless of the physical form, characteristics, or means of transmission, made or received pursuant to law or ordinance or in connection with the transaction of official business by any agency." Section 119.011(12), F.S.
https://www.fdle.state.fl.us/OGC/Public-Records.aspx
https://casetext.com/rule/florida-court-rules/florida-rules-of-general-practice-and-judicial-administration/part-iv-judicial-proceedings-and-records/rule-2420-public-access-to-and-protection-of-judicial-branch-records/rule-2420-public-access-to-and-protection-of-judicial-branch-records
When asking for email communications between the ASA and witnesses, how do you get around the "work product" argument?
What a shame
Michael Von Zamft, the gift that keeps on giving
Michele you are the best!
Folks this is disheartening. The SAO has become an unrestrained patriarchy. The citizens of Miami Dade county have lost trust with the justice system. There are feelings of fear and hopelessness for the accused, and extreme oppression and injustice.
more to come - public records requests will reveal much worse
Kathy keeps promising to review MVZ cases - it isn't happening - lies
Here we go again!
Calling DeSantis. He needs to take action.
The State should just hire Borchew to review all of MVZ cases. She'll get the job done.
Many ASA's are disheartened and can't imagine another four years of this incompetence and corruption
Post a Comment