In our last post former long time and well respected ASA Gary Winston said he left the SAO over a difference in how the office was run. He wanted to establish a unit to review convictions, and he was overruled by individuals he did not name, and then decided to retire,
Wrongful convictions are a problem across the nation, and they have infected every court and every prosecutors' office, including the Dade County State Attorneys Office. Just last year there was a well publicized reversal of a murder conviction on a rule 3.850 after a defendant spent 12 years in prison. Even in face of a court order finding serious problems with the case, the Dade State Attorneys office, in dismissing the case, would not admit a wrongful conviction. A case, we note handled by the same prosecutor who just publicly lambasted Judges for how they treat victims.
What concerns us is that the Dade SAO has no process to handle a possible wrongful conviction case. The office acts as if their office is immune to the problems of false identifications or false confessions. What makes their office immune from problems that are universally recognized? Nothing.
The Dade County State Attorneys Office has no introspection. They refuse to look at their practices and procedures and they refuse to acknowledge the growing problem of wrongful convictions. Apparently the Dade County State Attorneys Office believes their prosecutors and their witnesses are the only perfect ones in a system beset by incompetence and imperfection.
Contrast the Dade State Attorneys Office's arrogance, ignorance, and willful blindness, with that of the Brooklyn District Attorneys Office which has established a Convictions Review Unit. Click here.
Click Here
Our State Attorney is an elected official. The office she runs has wrongfully convicted defendants, and she turns a blind eye to the problem. Perhaps it's time for a prosecutor who recognizes that they do not need the approval of victims to dismiss a case of a wrongfully convicted defendant.
I cannot print the comment naming a particular prosecutor knowingly convicting an innocent man even if the case was overturned because of the element of knowingly. Sorry
ReplyDeleteThe 4th Circuit (Duval County/Jacksonville) has instituted a review unit. It may have been the first in the state. At its urging recently, two men were released from prison after 42 years and their convictions overturned.
ReplyDeletehttps://www.gainesville.com/news/20190328/jacksonville-men-freed-43-years-after-wrongful-murder-conviction
Lot's of ASAs claim X,Y, or Z was a great mentor at the SAO. I'd argue many of those ASAs are misguided and throw out the word "mentor" because that ASA simply has the clout to close out cases for them. In 3 years they will never hear from the "mentor" outside of a random "award" ceremony or legal event.
ReplyDeleteGary Winston was a true mentor at the SAO. He didn't win awards (as far as I know, if he did, he didn't show me), and didn't really need them (although I'd argue he was most deserving). He was always proud of his work, but he is most proud of being a father - that's what mattered to him IMO the most. He cares about the relationships he forged, and still keeps in touch with me today.
When I left the State, I was most upset I would not be able to work with him on a daily basis and simply soak up everything he offered. He didn't offer just work advice, but life advice. He cared about my family's well being, and helped me through many personal life issues. Most importantly he didn't limit his advice on how to be a better attorney and win a case, but how to be better person. My father passed away when I was 16, and I can only assume this
When I was a "C", Gary took me on my first murder trial. I will never forget that Judge Rosa Rodriguez scared the living daylight of the entire venire. Gary taps me on the shoulder and goes "wanna pick the jury?" I obviously said no, as Judge Rodriguez had scared me to. Gary gets up in front of the jury and first thing says, "now that we are all effectively scared" and total owned the room. Right before my first witness started to testify, Gary told me "you aren't allowed to come back to the table and ask if you forgot anything." When I asked after the trial why, it's because he wanted to make sure I actually listened to what was going on. That one simple tip of "just listen" made me a much better attorney (as silly as it is).
When I was also still slinging HTO and cocaine possessions, Gary asked me if I wanted to assist him and another ASA in reviewing a homicide from the 1980s because he felt there was a wrongful conviction. I was excited to work on something big with someone so experienced at the time. After an extensive review of the file, he reopened the case and had it dismissed. It's crazy because an ASA who originally handled the matter back in the 80s (and was still at the SAO at the time the case was vacated) did a horrible job reviewing the original DNA and to this day I believe lied about where the DNA actually was (we handled this issue years ago so I don't have a complete memory of the file). Got the conviction wrongfully, guy sat for years, and yet once it was reviewed there was no repercussions for the original ASA; he/she went on with their job like nothing ever happened.
Gary was a great asset to the office, and definitely is not a "yes man." He cared just as much about the defendant's day in court as that of the victim. I sympathize with his frustrations and wish the office had took on more of his suggestions. Case in point, Gary had posters in his office regarding a loan assistant repayment program for current prosecutors he had presented at one time to the office. This got shot down and never got off the ground.
Cut from a rare cloth and one of the most unique and sharp legal minds I've ever worked with.
"GET ME JACK DENARO"
ReplyDeleteGary was a class act and will be missed. I worked with him and later against him and was always impressed with his sense of justice and respect for everyone.
ReplyDeleteMaybe they should listen to him more carefully.
When I was at the Miami SAO it was instilled in me to do the right thing... if I was assigned a Rule 3 that the defendant had not properly plead but something was clearly wrong on review, I remedied the situation. I saw many senior ASAs ask for additional time to investigate claims of actual innocence, and investigate they did. If a prosecutor can't do the right thing and be ethical... then they shouldn't be a prosecutor.
ReplyDeleteI wholeheartedly agree. Having started at the SAO with Gary “DC” Winston (only a very few of us know what DC stands for), I agree with the thoughts about him expressed above. He s a man who epitomized the teachings of Janet Reno. The Justice League should award him with a “Reno”.
ReplyDeleteRump why does anyone write to your blog anymore--you rarely publish opinions that are markedly different than yours when it comes to issues like this ASA or gary winston. there is another opinion re Gary Winston and I am not gonna waste my time writing it because i know you will not publish it.
ReplyDeletewhen did you become such an autocrat?
Nobody reads my blog anymore because its too popular and crowded. That's a take-off on a Yogi Berra quote that nobody goes to that restaurant anymore because it's too crowded. Assuming you are a Gen X or worse, you have no idea what I am talking about.
ReplyDeleteIn a serious vein, if you read my prior admonition about the ASA who won the LOP award, I must be very very careful about publishing negative information about someone because of the popularity of the blog the comment rockets to the top of a Google search. Therefore, Gary Winston is not in my view a public figure. He is a gentleman farmer running an organic farm.
Consider any lawyer in private practice trying to earn a living and getting clients from internet searches. I could in a moment ruin that by posting an unsubstantiated comment. And I see all the comments before I publish them. Every day I get people trying to ruin someone by submitting a comment that Lawyer X is a thief or Lawyer Y cheats on his wife with his secretary or Judge Z is an alcoholic.
I cannot allow the blog to be used for personal vendettas other than my own.
Of course reading that last line you are saying "ah ha!" I knew it, and you probably cannot distinguish sarcastic humor from truth. But that is your problem not mine.
Very great tribute to Winston by Adam. And good for Adam for attaching his name to his comment.
ReplyDeleteGreat ASA's Bill Howell & David Ranck
ReplyDelete