FACDL had this to say about the SAO and all that...
And oh yeah, we are getting reports that our friends at NBC 6 Miami just covered the below press release and asked for the SAO for a response but were told everyone was busy with seeking prison on resisting arrest without violence and NVDL trial because crime is crime and that's the fact jack. It takes a whole bunch of prosecutors to scope out witnesses on a case, get them together to get their stories straight, get them some food and arrange a conjugal visit, and then rush to cover it all up. So it's understandable they could not immediately comment. Ya.
For Immediate Release
April 19, 2024
The Florida Association of Criminal Defense Lawyers (FACDL) is appalled by recent and ongoing unethical conduct by the Miami Dade State Attorney’s Office, along with retaliatory targeting of criminal defense lawyers.
In one case, State of Florida v. Corey Smith, Judge Andrea Wolfson issued an order on March 6th, 2024, plainly identifying instances of unethical and potentially illegal conduct by Miami Dade assistant state attorneys. FACDL has been advised that the senior prosecutor subject of that order was allowed to resign with no further consequences. FACDL also has learned that a second prosecutor implicated by Judge Wolfson’s order faced no discipline whatsoever.
As referenced by Judge Wolfson in her order disqualifying the two assistant state attorneys, it’s apparent that the Miami Dade State Attorney’s Office has lost sight of its ethical obligations to the citizens of Miami Dade County and its duty to the rule of law.
Another case, State of Florida v. Kim Clenney et. al.,the defendants are similarly subject to seemingly unethical conduct. The Defendant Courtney Clenney is charged with second degree murder in a companion case. It would appear to be a straightforward matter on its face. Courtney claims that her stabbing of an abusive boyfriend was justified. The State believes otherwise. Instead of ethically addressing a very serious matter involving a homicide, the Miami Dade State Attorney’s Office has allowed one of its assistant state attorneys to run amuck, targeting criminal defense lawyers acting in their function as client advocates and creating a distraction.
Without a trial date in sight for the homicide, the case has featured a young prosecutor leaking attorney/client communications of the defense to the press. Going further, the same young prosecutor has engineered the arrest of the defendant’s parents. In doing so, this same prosecutor has implicated opposing counsel, respected and longtime defense attorneys, in claimed criminal conduct. The actions of this prosecutor are so far outside the norms of the criminal legal system that it is apparent he is using his State Attorney badge as a sword and not a shield. Worse yet, this conduct has been brought to the attention of his supervisors, and no discipline of any kind has been enforced. The Miami Dade State Attorney’s Office has surpassed mere acquiescence of unethical behavior and is now encouraging it.
The purported criminal conduct consists of no more than reviewing, in the context of the fact-specific case, possible defense evidence. This is a standard, necessary obligation of the defense lawyer in every case where such evidence may exist. Not doing so would be malpractice.
Without repercussion, the prosecutor has dug through reams of electronic attorney/client defense communications—conduct worthy of investigation by the Florida Bar and the court.
Speaking to the courts in pursuit of this tangent, the young prosecutor’s affidavits contain glaring omissions of relevant fact. Specifically, omitting that there was an attorney client relationship between the targets and the attorneys and that all information was gleaned because of the State and law enforcement reading text messages between the defense team and their clients.
In normal circumstances, more seasoned, managing prosecutors would step in. For reasons that remain unclear, that has not occurred. What does seem clear is that Miami Dade State Attorney has fostered conditions permissive to a toxic culture. As a result, within this culture, prosecutors act contrary to their ethical duties. Ms. Fernandez Rundle’s prosecutors seem to be encouraged to disregard the rules of court and conduct in favor of a “win at all costs” approach. More representative of that culture is the disdain with which the Miami Dade State Attorney’s Office apparently views the vital Constitutional function of defense counsel.
In their most recent filing, the Miami Dade State Attorney’s Office plainly accuses two respected criminal defense attorneys of conspiring to commit the very offense with which their clients (Ms. Clenney’s parents) are charged. Specifically, the State is alleging that the act of defense attorneys reviewing material, ignored at their client’s apartment by law enforcement, is, in and of itself, a crime. This position shows a fundamental lack of understanding of the role of a criminal defense lawyer and outright disdain for every citizen’s Sixth Amendment right to effective representation of counsel.
More disconcertingly, by naming those lawyers and accusing them of a crime in conjunction with discharging their duties, the Miami Dade State Attorney’s Office abuses its authority.
In Florida, charging a person with a crime falls entirely within the purview of the respective State Attorney’s Office. That power is almost wholly unreviewable and must be discharged ethically and with great care. While most state attorneys understand the weight of this authority and act accordingly, the Miami Dade State Attorney’s Office seems not to simply overlook but rather condone ongoing misuses of power.
Readers of Florida legal documents are familiar with the concept that criminal offenses are charged, and potential criminal penalties sought, to protect the “peace and dignity of the State of Florida.” In the case of Ms. Clenney’s parents, charging decisions and resulting arrests have instead been improperly made to protect the ego of a young prosecutor.
Worse yet, the Miami Dade State Attorney’s Office has now doubled-down and is attempting to bully or target the lone check and balance on its power—criminal defense lawyers.
Ms. Fernandez Rundle’s young assistant has besmirched the names of two of FACDL’s members and all but threatened them with arrest and prosecution. This arrest and prosecution would flow from defense lawyers having the temerity to zealously fulfill their Constitutional roles.
The Florida Association of Criminal Defense Lawyers will not tolerate this abuse of their members. The Association, on behalf of its involved members, demands an immediate and formal apology.
Addressing the citizens facing criminal prosecution: all criminal charges pursued substantially to protect the ego of a young assistant must be dismissed. Further, considering the available facts in both Clenney and Smith, FACDL is calling for the dismissal of the offending prosecutors and a full, independent ethics review within the Miami Dade State Attorney’s Office.
For more information contact Luke Newman, FACDL President at luke@lukenewmanlaw.com.
103 comments:
The sad part is that nothing will change. KFR will run unopposed this year and the office will continue with the same silly politics. They want accountability from defendants yet cannot hold their employees to the same.
Um …what just happened ?
Here they go again. A few weeks since the last scandal. The SAO brass doesn’t care anymore. Kathy included. They’ve thrown in the towel. Everyone is out for themselves. Kathy because it’s possibly her last term and her underlings because they figure they have 4 more years left before they get the boot. So no one is interested in fixing what’s broken. These people can’t read a room, much less a community. Tone deaf and willfully blind. They don’t have a crime problem, or a defense attorney problem, they have a prosecutor problem. Who the fuck is training these people to be ethical? What good is all the DUI and whatever other training when these ASAs clearly lack more fundamental skills. There’s no integrity. And it’s no excuse to say that it’s only a few bad apples. There shouldn’t be any bad apples.
Sadly, the voters don’t know nor care about any of this. Part of her last name is Fernandez and that’s good enough.
Time for someone (possibly more than one) to throw their name in the race. They need to go. Period.
WTF is wrong with the SAO? How could they not see the ethical decline? After this last bullshit, the problem in that office isn’t generational, exemplified by MVZ, because Quinan has been a lawyer less than 10 years, the problem is the people running the office who lack something so fundamental that they are allowing what used to be a respected institution to fall apart at a rapid pace. KFR has abdicated her constitutional responsibilities. She’s a lame duck who’s let the crazies run the asylum. No ethics. No integrity.
We all know that Kathy is a decent and reasonable person. The problem is that she is not supervising her people. She is not telling a few rogue idiots to cut it out.
“She is a lame duck who lets the crazies run the asylum”. Excellent quote
Wow MVZ, Mitchell and now Quinan. Something is not right here.
What a sad decline to what was once a prestigious office to work at. What is not talked about is the everyday day environment that has been allowed to happen inside the office. Lack of respect amongst colleagues, inappropriate behavior within the staff.
Someone cauterize the bleeding heart
Kathy as no control of her office. Just rogue draconian ASA’s .
Talpins….comment on the situation?
I dont know. The SAO and KFR can kick rocks for all I care.
But this appears to be mostly media-obsessed lawyers on the Clenney case trying desperately to link their matter to Wolfson's ruling on an entirely different matter.
Neither of the Wolfson-sanctioned prosecutors have anything to do with the Clenney cases.
If the defense have a problem with ASA Quinan, then make the case that he has broken the law, or abused his discretion. Not in the media, but to Judge Cruz.
Here's what I gather they are saying:
1. Quinan charged the parents for accessing a laptop, and they really think the parents did nothing illegal.
Okay, try the case.
2. Quinan has named some lawyers in the facts alleged around the laptop, but not charged them with anything. Okay, you did nothing wrong? Great, youre not charged. You also want an ASA to like you or something?
3. Quinan talked shit about lawyers to Ovalle. See above.
4. Quinan read communications between lawyers and the parents, which the lawyers say is privileged. Quinan seems to say it wasnt privileged at the time. I don't know how the facts play out, but litigate that. Not online, but in front of Judge Cruz.
5. Quinan used excessive force in executing a warrant for the laptop, and he did that because the person in possession of the laptop is married to a lawyer whose organization is critical of Quinan. That seems like a stretch.... But if it is true, it makes Quinan kind of an asshole. Certainly not a first for his office. But Herald stories about ASAs who are assholes? Whats next? Herald stories about bondsmen who are brutish? Quinan clearly did not break the law with regard to the warrant, or the remedy would be exclusion.
All in all, this seems like an attempt to muddy the waters and tie the Clenney parent case, in any way possible, to Wolfson's case.
Much ado about nothing.
Think it’s bad in Miami. Come on over to Broward for a real shit
Show.
Whenever I have a bad day, I just call the Shumie.......followed by the Shumie Dance.
Talpins not trying to sound like Talpins?
Contact Scott Westheiemer
Sad these loco prosecutors are just keystone cops.
Kathy needs to grow a huge set of elephant balls and take back control of her office. You got these lunatics who are out of control. My GOD run your office lady.
It’s always about money. Find the money trail and you’ll find we’re the corruption is coming from.
Someone call the FBI the DOJ The Attorney General this is out of control !!!!! We can’t have this!!
4:36 pm hit the nail on the head and hung a Picasso. FACDL is attempting to perpetuate a false narrative and simultaneously tarnish the name of an unpaid and overworked prosecutor doing their job, where Their members ethically fell short. Do better. At that point, the lawyers (and the Clenney’s) probably wouldn’t be so worried. Still, this is all absurd and looks like a sad publicity stunt. She shouldn’t have killed him, her parents shouldn’t have interjected themselves, and none of this would be happening. Let the jurors decide. Take your case to trial. No one cares about touting to the court of public opinion. You’re losing credibility trying to tie this to Judge Wolfson’s ruling. You’ll continue losing credibility and respect in the court of popular opinion.
How the comments read: ASA won’t approve my plea? MISCONDUCT! ASA arrested my client for breaking the law? MISCONDUCT! ASA executed a search warrant? The Rogue Fascist State Attorneys Office strikes again!
Somewhere along the way, the balance of power between the prosecution, the defense, and the judiciary shifted. We have to readjust it. The stakes are so high—the well-being of so many communities and the trajectories of so many lives. Public safety depends on our collective faith in fairness and our view of the law as legitimate.
Quinan didn’t okay the search warrant to anyone’s home. It was Abuhoff.
You are aware these things are being litigated, and are not decided, in the case I assume. The pattern is win at all costs advocacy being approved by the high levels of the SAO. That’s not how it’s supposed to work. Quinan has less than 10 years and has been sketchy for a long time, in a normal office he wouldn’t be able to make calls like this on his own. The judge who approved the search warrant at a defense attorney’s home is also to blame, from my understanding he didn’t go to the judge on the case, who is good, and waited until a judge that would approve anything was on warrant duty.
Tyrannical behavior. SAO is out of control. Draconian lawyers. Inappropriate staff. Kathy has lost control. It’s time to reform and bring back professionalism.
I seriously doubt that.
Whatever is happening in Broward isn’t making national news.
Never forget Menocal
Spot on
Response from the League of Prosecutors? They sit in silence.
I don’t know what is going here but a third party has to review these actions. Isn’t there an oversight committee in Tallahassee or a board to police this?
Everyone knows Bondsmen are the rejects that fail getting into the police department.
how is stephen mitchell still employed at the SAO after wolfons detailed order? how many cases have him and MVZ tried together over the years? where is the independent investigation into every case theyve tried? and carolina sanchez is a great ASA.
@10:43 this isn’t making national news either. It’s a publicity stunt leading into a hearing.
You mean like Jude donating $1000 to Kathy two days after he took on this case?
To the anonymous ASAs with the lame excuses, put your money where your mouths are. If you’re so confident that this last scandal is much too do about nothing, then tell your boss to hire outside counsel, someone who’s been on both sides of a criminal case, and let the chips fall where they may.
Lighten up, Francis.
Agreed. This is simply more gaslighting from the defense bar. Spoiled rotten.
Why was there a search warrant at the Defense attorney’s home?
Bring back the Trialmaster and Fake Alex Michaels!
Esteemed Sherlock at 8:28 pm, do you think that it is possible that the date next to each of Kathy’s campaign contributions is the date the check cleared, or some other date, rather than the date the check was mailed and/or delivered? If so, your power of deduction isn’t very good, is it?
The MVZ scandal made national news.
THIS BULL SHEEET GO AWAY
If Sherlock at 8:28 pm is and ASA, no wonder that office is falling apart.
Seems like 8:28 struck a nerve
BULL SHEEET ALWAYS SAY SAO CORRUPTED GO F OFF LET ME REST IN PEACE.
Who is JUDE?
What a joke. The same people that bash the SAO on here are the same that shake hands with KFR take a photo, attend fundraisers and donate to her. What crock of shit. You all are full of shit. Politics
What is a joke is the ASA who was in court today on the model's parents' case, with a chief sitting there as co-counsel, and making nonsensical arguments regarding a business record. The ASA seemed to be clueless about the difference between laying a laying a predicate of a document under the hearsay rule and being able (or apparently unable, under their reasoning) to cross-examination the records custodian of the same business record.
He did nothing wrong. Except get assigned to a case with MVZ.
Why are we bringing Sanchez into this? Does she actually have anything to do with this case or is this some ploy to recover from the comments in the previous MVZ-related post?
That was Abuhoff. He did this several times with various witnesses. The guy doesn’t understand the evidentiary rules of predicate or hearsay. By far, the female defense lawyer with the heavy accent has been the most effective lawyer in that courtroom today.
Hey Jude
It was painful to watch Abuhoff represent the state today in the hearing of the model murder case and whether the SAO violated attorney-client privilege. The merits and substance of the arguments aside, this guy's performance and basic understanding of the rules of evidence, the attorney-client privilege, and the general parameters of the private practice of law are embarrassing. This office is not only suffering from understaffing, it is apparently also suffering from staffing by incompetents. Why wasn't this hearing handled by Hoague or their legal department?
Something else that came to light in this hearing is that the SAO, unlike the feds and other prosecutors' offices, does not have any written filter protocol to handle investigations and possible evidence involving potential attorney-client relationships/communications. How is it possible that this office does not have this type of written guidelines?
To recap, the SAO:
1. is understaffed
2. is staffed by some sogue, incompetent and/or unethical ASAs who lack basic training and experience
3. does not have a real or appropriate integrity unit
4. is mired in back-to-back controversy
5. has completely ignored calls for basic reforms and changes
6. is led by a lame duck who allows the crazies run the asylum, some of whom are "yes" men and women
In Billy's words: #becausemiami
Who was the ASA and chief as co-counsel?
Keep up defying the SAO and you’ll be sentenced to a re-education camp. SAO shows no mercy.
ASAs have no money to put were their mouths are. Unless you left worked about 20 years some where else. Then just about the time you’ve hit menopause or your prostate the size of a grapefruit and you get a call from Kathy she needs you back. Then maybe you’ll have some money. Or you’re just living off your trust fund and find it exciting to work in fantasy land for free.
Yeah, not Shawn’s best moment but Judge Cruz didn’t think State acted in bad faith. Feels kind of sloppy work on everyone’s part.
Better call Saul
You don’t know what gaslighting is until you work at the SAO.
Names
The issue at heart here is: what should true justice look like? I keep hearing comments on KFR: “But what if someone else worse wins?” “better the devil that you know” and the typical excuses of people who think that because it’s Miami, we need to settle for mediocrity. If the defense bar (and the people from Miami) want to make a difference, you need to find someone competent and ethical, who is fair and can deal with the political nonsense of Miami, to run against KFR. Also, how about not giving her money and not doing fundraisers for her? Yeah, press releases, press, court hearings, etc, create awareness, but what about the long term? Do you genuinely think KFR will come up with an action plan point by point to solve the egregious issues at that office? No, because it works for her and a lot of them. She’s created a culture of unethical behavior and toxicity that untimely gets rewarded. Why change now? Whatever she will do next is simply performative, to save face and keep her seat. And amid all this media circus are the clients, who may end up being collateral damage if nothing changes.
And while the Clenney case has unveiled the trickery of that office, why isn’t anyone talking about Darren Rayne, the incarcerated individual with mental health issues, who was burned to death by the guards at Dade Correctional Institution, and KFR didn’t do anything about it? (By the way, the report, just like justice, has disappeared from the SAO’s website). When was the last time she prosecuted a politician, a LEO, or a prosecutor from her office? (I am sure there are plenty of walking and breathing felonies in that office).
And to those prosecutors who normalize this behavior, you should be sitting next to the people you put in prison because you are no better. Actually, I have more respect for them since they trusted you, Mr. or Ms. Injustice, to do the right thing, and look where we are—in the toilet. At a minimum, those who are unethical, twisted, and corrupt should be referred to the Bar so they can take away their ability to hurt people. If KFR is serious about change, she should refer all the bad apples to the Bar and let them be handled accordingly. Yes, I know, the Bar doesn't do anything, but good faith never goes out of style. Shows us some. Send them to Broward for prosecution (since it’s improper for that office to prosecute people she knows, ask ADLP). When society starts losing faith in the system and the rule of law, we are no different than a third-world country.
Follow the money. Where are the kickbacks going?
Can you teach us the dance?
Kathy’s problem boils down to dereliction of duty by letting her chiefs run the place. She’s a politician. An absentee landlord. A figure head. A name on a wall and papers. But the people who really run that place are career bureaucrats who couldn’t run a food truck, much less one of the largest prosecutor’s offices in Florida. She doesn’t make many decisions independently of her chiefs. All of this has reached the worst crescendo of all times by her status as a lame duck. The next 4 years can’t go by fast enough.
Abuhoff ran the (clown) show for the state. Hoague and Quinan were at counsel table. Abuhoff wasn’t familiar with basic rules or crime fraud exception. His demeanor and presentation seemed more like a moot court competition than a real lawyer arguing a real case. Then again, wasn’t impressed with Jude either.
Que mierda
Wednesday, April 24, 2024 9:38:00 AM
Here is the dance--
https://www.youtube.com/watch?v=16y1AkoZkmQ
Go easy on Abuhoff. Can’t expect much from him.
Abuhoff has entered the chat
Who was the female with the heavy accent?
Welcome back Don Horn for the fourth time.
Who is this Abuhoff? Is he in the MVZ school of win at all costs club? Is he Mitchell’s new sidekick?
What the SAO did to the model’s parents is overreaching. Bogus charges concocted by a 7-year lawyer star struck with his first national media case. Rookie. He’s gonna get his ass handed to him by either Cruz or a jury when those parents walk away from that charge. And for Hoague or other chiefs in that office to have approved such move is deplorable.
No one from legal unit was present. I remember when Penny Brill, Paul Mendelson and others from legal were present and actually argued important legal issues like the ones argued this week in the Clenney cases. So, either legal was not consulted or wanted to stay out of it (which would confirm how much this stinks) or that office is not even the shadow of what it once was. What a fall from grace.
There is no legal unit left
Tara Kawass is the one with the accent.
You think it’s okay to go through dead people’s stuff? All this talk about “win at all cost” when it would have been easy to get a court order. They got caught being shady. I used to think so much better of Sabrina, but tying herself to Frank was probably the worst thing she’s ever done.
The SAO is suffering from a lot of issues and many fair criticisms that even ASAs lodge. The Miami defense bar is not one to throw stones though, not with how much Kathy has let it get away with. Everyone knows the stories of defense attorneys hiding evidence, getting paid with drugs, inappropriately touching their clients, and witness tampering.
The entire community is suffering from cancer at this point.
Shawn is a good guy. However, he surrounds himself with colleagues who walk an ethical line. He just finished a trial with Josh W. Whose judgment and attitude are simply terrible. So, unfortunately Shawn will pick up habits much like MVZ’s groupies that will cause some to question his conduct. He jumped into Clenny with Hoague and is defending Khalil’s conduct who exchanged defamatory and insulting messages on a present case about the defense lawyers and their fees with a Herald Reporter. Any interception of alleged attorney client messages was obviously approved ahead of time by the SAO.
I don’t get villainizing Quinan. Does anyone really think he did this on this own or that the office is interested in protecting his ego? For over 30 years it’s always been about protecting Kathy even if it meant unfairly throwing an ASA under the bus. I don’t know enough to say anyone is right or wrong, but it really seems like he’s being targeted for being competent
Tara is great
Which cancer is more devastating and generally destroys lives without consequences?
Defendants
When was the last time Kathy went to trial? Why don’t we have a State Attorney that takes cases to trial? The State Attorney should be the most experienced best lawyer in the office.
Touching clients? Do tell!
Where is Josh? Oh yeah he fled.
I know it’s been mentioned before but, seriously, what does the League of Prosecutors do? Have they ever spoken on an issue or sponsored or promoted rules or legislation? Do they lobby? Have they authored amicus briefs? Have they put together (not merely hosted) seminars, CLEs, or trainings (for example, about prosecutorial integrity)? Or are they purely a social organization whose sole function is to host happy hours and other getties, and to post a bunch of selfies on social media? Asking for some friends who may need their help - e.g., MVZ, Mitchell, Quinan, Abuhoff, etc, etc.
What are the ramifications of just being ethical at the SAO?
Have they all gone to work at the insurance companies?
I need some stats
Protect Kathy at all expense.
Don Horn is coming back. The sheriff is back in town.
“Which cancer is more devastating and generally destroys lives without consequences?” The would be management at the SAO.
No one has mentioned Vandergleezen. The chief of public corruption. He sweeps the internal corruption under the table.
Vandergeesen also works at home any time he wants (and so do some of his favorites) without having to comply to the 3 times per month office RULE that others have to.That office picks and chooses who to enforce the rules on and they look the other way. Some Dc’s do same and are not around to supervise their folks. Matter of time before that all blows up also.
LOP is nothing more than a social organization. Realistically, neither the LOP or FACDL should be getting involved in the litigation of an individual case like this. Each lawyer has an obligation to report misconduct and they should do so accordingly, that they didn’t means these are unnecessary jabs in public to win a case anywhere besides the courtroom
LOP is just a social club. Post pictures on social media eating at local restaurants. Such a waste.
How would you know?
Except that he currently teaches a litigation skills course at UM Law…..
That is f@@@ng scary!
Blind leading the blind. Glorious.
So the lop is just a club to socialize?
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