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Monday, June 10, 2024

DISCOVERY

 The comments section on the blog has exploded in a manner not seen since the heady early days of our humble blog when blogging and commenting on a blog was a new experience- comparable to the first time you posted a Tik Tok on that matcha you sipped. 

What caught our eye in the nearly three hundred comments (eat your heart out DOM) was the one that said that Michael Von Zamft routinely gave a discovery lecture to new prosecutors in which he compared discovery responses by the prosecution to a chess match, and encouraged prosecutors to walk close to- if not over the line- when fulfilling their constitutional duties to provide discovery to the defense. 

This is indefensible. We compare it to the Nixon smoking gun tape of June 23, 1972 between Nixon and HR Halderman in the Oval Office. 

If this is true, then the culture of the Miami States Attorneys Office is broken and Ms. Rundle needs to resign. She cannot remain State Attorney when her office was training young prosecutors to not do justice. It is as simple as that. We do not make this statement lightly. But then the existence of this lecture is grounds for disbarment for attorneys who gamed the system and did not fulfill their constitutional duties as prosecutors. There is no excuse for playing games with discovery when lives are at stake. Period. End of discussion. 

Discovery is not a game. It is a solemn obligation that prosecutors have to provide the defense with all the information they have about the case. If they hold back information, especially exculpatory Brady material, then innocent people go to jail. Discovery is not a game. It is not a chess match and there should be no decisions about it. The defense should get what the prosecution has. Period. 

We once had a case where we stumbled upon the fact that a cooperating co-defendant had given a statement and the lead prosecutor intentionally withheld it while we deposed the co-defendant. His excuse- the statement was not inculpatory so he didn’t need to provide it. 

Now we understand why he did what he did. 

We call upon the FACDL to draft a motion in which prosecutors are forced to disclose whether they received the MVZ lecture and whether they have engaged in discovery following his suggestions.  The motion should be distributed and every defense attorney should file it. We also call upon the Miami Dade State Attorneys Office to provide that lecture- the comments indicate that the Power Point exists. 

How long has this been going on? How many thousands of defendants were deprived of the information in their cases that they were entitled to? 

This is serious. If true, this is proof that the culture of the Miami State Attorneys Office is broken and cannot be fixed with the current administration - who knew what was going on and stood by silently as the rules of discovery and fairness were perverted by the ignorance and ego of a chief prosecutor out of control.  “The only thing necessary for the triumph of evil is for good men to do nothing.” Edmund Burke. 

If a generation of prosecutors has been trained to game the system, then the Miami State Attorneys Office is broken beyond repair. 

This discovery lecture is the smoking gun that may bring our State Attorney down. 


Here is the comment 


We have been asked to repost because it seems to have disappeared:
Spoiler Alert! Every year for decades Von Zamft “taught” all new and current prosecutors (hundreds a year) about discovery. He generally used three outlines (most recents the training director gave out in 2022 and 2023). Two of these three outlines encourage all Miami Dade prosecutors to prepare their witnesses to testify TOGETHER in a GROUP. Page 5 of MVZ outline “Joint Meetings. Do not be afraid of this. There is no rule against it and it is not unethical. If you do this, decide how you want to group them; for example all witnesses on same or similar point. Police officers.”
Page 3 of outline number two “Joint meetings. Can be very helpful. At times will trigger each witnesses testimony…not unethical.” Miller was training director at one time at SAO (so was MVZ ironically). Based on the above, is it any wonder why prosecutors believe there is no problem to have witness collaboration meetings (as Wolfson found in Smith) to “discuss” or coordinate their testimony or discuss legal theories as a group or “help each other remember” or why it’s acceptable to provide a lead detective report to a lay witness in preparation for trial or why it’s acceptable to place witnesses together in same police conference room to prepare them for testimony together or put them in the jail yard together to get their stories straight??? For anyone to say this is not a taught and accepted practice at the Miami SAO and that it is not an accepted culture at the SAO is beyond laughable when it is being taught, and permitted to be taught, by MVZ to hundreds of ASAs every single year. The prior commenter also got it right where ASAs were given a discovery or Brady training outline years ago with a pic of a chess board and were told discovery and Brady obligations were analogous to a game of chess. (That came out either in the media or on the blog.) Once everyone at the SAO gets really honest with themselves and others, we all can try to move forward.



157 comments:

Anonymous said...

Release the MVZ documents

Anonymous said...

Release the outlines

Anonymous said...

Don’t forget these other two comments confirming the existence of these training materials:

“Make a public request for these 3 MVZ outlines. From 2022 and 2023; titled effective lawyering before, and during depositions of state, witnesses; basic deposition, lawyering, defending and taking a deposition; and taking depositions of defense witnesses. The Bar should also be given them and Wolfson. There are way more and way more issues. Start here. I kept a binder of outlines when I left that toxic place. if I recall correctly, they were emailed to the entire office in 2022 and 2023 by training director as well as taught in the training; some of us complained/questioned it but were told to keep our mouths shut.”

“Yes, the three outlines were each created and authored by him with a cover sheet making that very clear that it is the work product of Michael Von Zamft.”

Anonymous said...

I started in the spring and was fortunate to not have to hear that criminal give any lectures about anything. I was also lucky in that my elders at the SAO whom were very decent told me that he was a complete crook and to never listen to anything that he ever said or emulate anything he ever did. The fact that he "trained" baby asa's is a disgrace and yes Kathy needs to answer for that.

Anonymous said...

Self-check: if you are ever teaching or doing anything and have to keep stating, "its not unethical," it may be unethical.

Anonymous said...

I made a public records request. We will see if they comply. It would be much simpler if an ASA would just share. It’s not like they’re confidential.

Anonymous said...

Thank you 8:11 for coming forward. More like you, hopefully not anonymously, must speak up. Your story confirms that others knew about MVZ, they even warned about him, and they turned a blind eye. Disgraceful.

Anonymous said...

While there is absolutely no excuse for MVZ actions as an ASA-to say this is a widespread or systematic problem at the SAO is just not credible. I have dealt with virtually every felony prosecutor that stayed for more than a cup of coffee over the last 20 years-and these discovery and Brady issues are rare- there are of course a couple of bad apples-I had one recently departed ASA lie to a Judge multiple times about turning over critical evidence- but that is only happened on a handful of occasions over the years. And I have had multiple cases with the other prosecuotrs being attacked-Mitchell/Quinin/Abuhoff-they are all follow the rules with discovery and otherwise and attacks on them and the office to me is sour grapes from attorneys who can't win or get a good plea from them.

Anonymous said...

There are lots of great prosecutors in the Miami Dade State Attorneys office. I am a defense attorney, have never been a prosecutor. I have had a very good experience with Shawn Abuhoff .
His name should not be mentioned with others in the corrupt pile. My experience with him has been wonderful. He voluntarily dismissed a weak attempted first degree murder case with 3 victims, 2 of whom had been shot, after the depo of one of the victims who ID'd my client.

I wish there were more like him there.

Also Joro Forman is excellent. Not saying some don't need to go but they are in the minority.

Anonymous said...

A Prosecutor treating any Defendant's life and liberty like a game is disgusting.

Anonymous said...

Thats your opinion and experience, which you are entitled to. Just because you have not witnessed specific acts of misconduct by the prosecutors mentioned above does not mean it has not happened. A blanket statement that because YOU have worked for 20 years means they have never committed misconduct is baseless. Just because it was not you YOUR case does not mean it did not happen. Some cases can be won fair and square, others they cheat. Whether it's one time or 100 times, it is still a violation of their duties and the defendants' rights.

Anonymous said...

To 11:58, we’ve all had positive and negative experiences with many ASAs. Most ASAs are honorable and can be trusted. The problem with “rare” discovery and, worst, Brady, violations, is that their consequences are devastating. They can stand between incarceration and freedom and life and death. So we can’t equivocate just because we may know some good apples.

In order to be truly honorable and trustworthy prosecutors, actual ministers of justice, these men and women should be required to adhere to two (amongst many others) basic principles:

1. There can’t be any willful discovery violations, or any gamesmanship or equivocation when it comes to discovery, but there must definitely be a no-tolerance policy for any Brady violations. One strike and you’re out.

And

2. There must be a written policy, a mandate, an obligation, a directive from the top upon every prosecutor that they must say something if they see/hear something when it comes to fellow prosecutors playing fast and loose with discovery rules, and especially when they suspect a Brady violation. Otherwise, willfully blind bystanders will pay the same price as violators. One strike and they’re out.

I would say that this criteria should apply to every act of misconduct by a prosecutor not just to discovery issues. Prosecutors shouldn’t be engaged in any misconduct. Not rare or otherwise. Period. They don’t have that luxury because people’s lives are in their hands.

If we can all agree that these are non-negotiable characteristics of honorable and trustworthy prosecutors, then every ASA who knew of MVZ’s misconduct, who watched/heard and said nothing, who turned a blind eye, who was trained on questionable tactics, and didn’t stand up and protested, didn’t blow the whistle, is as guilty as MVZ. By staying quiet in the face of injustice, the bystanders have as much a propensity for corruption as MVZ and, like him, they have no business being ministers of justice.

Anonymous said...

Shame on KFR for allowing MVZ to ruin the reputation of the office that Janet Reno built.

Alex Michaels was right. MVZ was a lying cheating thug masquerading as a prosecutor.

Anonymous said...

Joro Forman left forever ago you idiot

Anonymous said...

Did you sign your name to it? If you did then you’re brave. No plea for you. Lol

Anonymous said...

Agree. And the solution is so so simple, just get another job. Go fight over money damages, not life or death, liberty or freedom.

Anonymous said...

If I read Janet Reno's name one more time on this blog, I'm going to puke. Janet Reno left the Dade County SAO's office in 1993 - 31 years ago. We're going to have judges soon who weren't even born yet when she left the Dade SAO. Get over it. Join the 21st century - we're almost almost a quarter of the way through it.

Anonymous said...

I worked in the AG’s office handling criminal appeals and can’t count how many cases I lost because of prosecutorial misconduct / Brady issues on the part of the Miami SAO. They are and have always been corrupt and it was embarrassing to stand before the 3rd DCA trying to defend their unethical behavior. Glad I’m out of that game but there is a long record of the culture of corruption in the appellate decisions.

Anonymous said...

To 3:14-I agree that there are clients lives at stake in our job which we need to take very seriously-and in a perfect world everything would be done absolutely correct- but do you run to the Judge and State if you see a defense attorney act unethical-or can you honesty say that you have never lied or falsified anything big or small to the State or Judge to try and get a better result. And as to my experience in Court-yes different people have different experiences but i get to know a lot of the State Attorneys well and for example there is no world where ASA such as Stephen Mitchell would hide or falsify evidence or collude with witnesses to win a case whether it is my case or not-and at 4:41 I am happy to disclose who I am if Rumpole would allow me to write a complete column on this or all of you anonymous "brave" attackers of the SAO make your names public--let's see who accepts that challenge. And just to be clear I too am horrified at the new allegations made against MVZ and he is one of the few ASA which I never got to know well-but to think a newly minted C ASA would march into KFR office and report this or quit is ridiculous.

Anonymous said...

I started in 2016 and also warned by my supervisors and others to stay away from him. He had his followers and people pushing for him to become the training guy which I could never understand. The question is if this was well known within the SAO why was nothing done? How confident can anyone be in this administration who knew this and allowed it?

Anonymous said...

What a shame that this is affecting the SAO in this way as well as their recruiting efforts. This all has to be taking a toll on the whole package. SMH.

Anonymous said...

ASAs aren’t bad. The majority of them are just scared.

It’s an office built around fear. Fear of your DC. Fear of your chief. Fear of KFC.

Current and former ASAs will back me up on this.

Most of the Younger prosecutors in the office are good people with their hearts in the right place, but they are terrified of doing something that gets them in trouble.




.

Anonymous said...

Joro was an excellent ASA.

Anonymous said...

That is a great analysis. Problem is the SAO doesn’t encourage sharing those things and is oftentimes dismissive of complaints. Had all of these people not had this venue to share, it would have all remained hidden.

Anonymous said...

There is no world where Mitchell would hide evidence? Hahahaha


No thanks. We don’t care who you are. Go work in civil. Bye.

Anonymous said...

While we’re addressing discovery, witness intimidation, and “winning at all costs,” — is no one going to mention the two assistant public defenders and their investigator who were busted? It was in the Herald Friday.

“Fernandez was knocking on doors flashing a badge as if he were pretending to be a cop, while showing people a booking photo of the witness and referring to that person as a ‘rat’ for expected testimony.”

Anonymous said...

What trip is this guy on? Dude, write as much as you want. No one is limiting you. If you run out of space write additional posts. And if you are so confident of what you’re writing then reveal yourself. And if you don’t share your name that’s okay too. No one cares. You’re entitled to your opinion. We are all glad that your clients haven’t been victimized by Mitchell. So what? It doesn’t exculpate him for defending and covering up for MVZ. Corrupt is corrupt. Whether he was the one to falsify or hide evidence covered up for someone who did. Your equivocation on this issue only exposes you for the type of lawyer you are. And, yes, there are dirty and corrupt defense lawyers who’ve lied to everyone. Based on your posts you’re probably the leader of the pack. So what? Defense lawyers’ corruption hardly works to the benefit or their clients and when it does it doesn’t send the client to prison or death. So if you’re as “horrified” about MVZ as you’re about Mitchell’s coverup and defense of MVZ, then you’re one scary dude. Thanks your chiming in though. We have some lovely parting gifts for you.

Anonymous said...

Can't FACDL do a Chapter 119 request for these alleged training materials?

Anonymous said...

Ask Talpins what he did about the county court ASA who got caught doctoring the numbering on a secretary-prepared witness list to conceal the fact the ASA had deleted a civilian witness who would provide favorable testimony for defense. Oh that ASA still works there and was swiftly promoted to the felony division? Thought so. Any recourse taken? Nah. Talpins and the rest of the SAO brass reward and reinforce unethical behavior by doing nothing. The SAO is a joke, and their discovery practices are criminal.

Anonymous said...

Twice in the past week alone I have had two victims in two separate cases make me aware that they are actively receiving vouchers and payments from the victims compensation/assistance funds in exchange for their participation in the prosecution of the case. This is clearly Brady/Giglio material and yet I have received no Brady disclosure or documentation of these benefits from the SAO. These ASAs either don’t understand their discovery obligations, or they deliberately withhold exculpatory discovery. Either way, it has gone on too long and is completely unacceptable

Anonymous said...

Name the ASA

Anonymous said...

I heard an intern was masquerading as an ASA. If this is true, does anyone have details?

Anonymous said...

Who was the ASA? Why is this information not made public? If this is the time and forum for people to come forward then come forward and be specific. What you’ve described goes beyond just hiding evidence. It’s fabricating documents filed with the court to conceal favorable evidence. Come on!

Anonymous said...

Janey Reno

Anonymous said...

There you go again Mr. / Mrs. ASA, mis-contextualizing the article to throw dirt on the defense. What is it with you people’s fascination with alleged defense misconduct? You’re like children: “how come Tommy gets to do it and I can’t? if Tommy did it then I can do it too.”

Get it through your heads, you’re required to be above that. There isn’t some ethical or constitutional exception to your obligations based on defense misconduct. The more you use the “but the defense did it too argument” the more you exposed your lack of integrity.

The complete quote from the article was:
“But Miami-Dade Circuit Court Judge Andrea Ricker Wolfson denied the motion to remove Abuhoff, who told the judge that Fernandez was knocking on doors flashing a badge as if he were pretending to be a cop, while showing people a booking photo of the witness and referring to that person as a “rat” for expected testimony.“ In other words, it was Abuhoff who accused the defense investigator of this. There’s no mention of any independent evidence that the investigator actually did what Abuhoff accused him of.

But let’s quote two other interesting passages from the article:

“A judge declined to remove a state prosecutor this week from a murder trial, saying it appeared to be a “crazy” coincidence that the prosecutor showed up while a defense investigator was interviewing a key witness in front of an apartment complex.”

and

“I’m going to deny the request without prejudice,” the judge said, adding that Abuhoff and the officer finding the investigator with the witness “led to a chain of events that otherwise would have been innocuous.”

In other words, Wolfson appeared to to believe that the ASA’s conduct was unnecessary if not questionable.

I wonder what chapter of Prof. Abuhoff’s class this falls under? “The Holistic Prosecutor: Lawyer, Investigator, and Witness in Your Own Case. Because You Need Us on That Wall”

Anonymous said...

I hope whoever is posting the details about training manuals and specific instances of misconduct is reaching out to Borchew and giving her the evidence to use at her hearing. It would be a shame if this is just to make a stir on the blog and you’re not actually assisting the person taking the battle to the courtroom.

Anonymous said...

SAO is corrupted and criminal at many levels.

Anonymous said...

KFC ? ASAs afraid of original recipe?

Anonymous said...

People are frightened. Some would say the culture is to scare you into submission of what the higher ups want. At least that is what it was for years. This is why no one is emailing anyone anything.

Anonymous said...



https://nypost.com/2024/06/10/us-news/nancy-pelosi-says-i-take-responsibility-for-not-having-national-guard-at-the-capitol-on-jan-6-video-shows/amp/

Anonymous said...

Janet Reno made that office and KFR and MVZ and their minions destroyed it. Miami dade SAO ? Can you say broward SAO. Because I don’t see a difference.
Janet Reno always told us to go where the evidence took us. Compare that to the MVZ discovery lecture.
Janet Reno supported us when we dismissed a case. KFR fires people.
A lawyer in court had the authority ro dismiss a case. With KFR the supervisor’s supervisor has to speak with their supervisor to agree to a withhold. See the difference ?

Janet Reno was the standard bearer for ethical prosecutors.
KFR had MVZ. Nuf said.

KFR must resign
No resignation no peace.

Anonymous said...

The Miami Dade SAO is one of the only SAO offices in the state to not have a written Brady policy as suggested/urged by the legislature by statute and Governor De Santis years ago. She has refused. Benjamin Crump and others also offered to maintain and be the oversight for it and she would have nothing to do with it. Ask yourselves why they are afraid of a written Brady policy?

Anonymous said...

Abuhoff accused two experienced PDs and their investigator of a crime based solely on the word of a witness that he’s been intimidating for years, who has changed her testimony multiple times, and whose own mother was listed by the defense as an impeachment witness against her. Abuhoff was with the detective who improperly flashed his gun at the investigator who was doing his job - investigating. Another game to Abuhoff - accusing defense lawyers of crimes for doing their jobs. Ask Sabrina and Frank P. Abuhoff is one of the gang.

Anonymous said...

Unfortunately this is Rundle’s karma to some extent. She has used and abused and discarded and dismissed loyal people so much over the years and the floodgates have now opened back on her. There are certainly talented and ethical prosecutors at that office and prosecutors still loyal to her but this will now prompt yet another culture shift within that office. The question is which way will the culture now shift.

Anonymous said...

Yeah 7:29 that’s not correct at all but ok.

Anonymous said...

No I do not work for nor have I ever worked for the State-and you believe every single thing you read on-line, good for you. The Herald would never get it wrong. And I am a defense attorney for many years in the courthouse nearly every day and it is anonymous attorneys (if I can call you that) like 9:51 who are the problem with this lynch mob mentality against the SAO which needs to stop by the few trying to exploit it and root out the real few bad apples-and to 9:51 -I guarantee I have done more high profile felony cases and trials than you will ever do (including 2 murder and one attempted murder in the last 8 months) and never once been accused of unethical behavior -while you can go back to your misdemeanor batt. case that you got a withold on and celebrate.

Anonymous said...

9:21, what’s not correct? The quotes from the Herald article or 7:29’s interpretation of what Wolfson said?

Anonymous said...

Aubuhoff has the tendency to make accusations against defense attorneys. He did it to me filing a motion in limine accusing me of engaging in misconduct and telling the court I needed to be stopped before making arguments that are clearly improper and when I pushed back he had no proof of anything. He is inexperienced and clearly influenced by MVZ on how he handles cases. In other words he is dangerous and headed to a result where an innocent person is convicted because not all defense attorneys stand up to his crap. Your reputation can disappear in a moment and it seems he’s having such a moment now. You reap what you sow.

Anonymous said...

https://www.flgov.com/wp-content/uploads/2023/10/EO-23-203.pdf

Anonymous said...

Agree. When I left, my division chief told me I would be blacklisted. Literally used that term. I was like, are you some kind of mob boss?

Anonymous said...

Anyone know what happened to the investigation and what became of Tracy?

Anonymous said...

Why would the State Attorney's Office ever blacklist anyone?

I once had to take the fall for something I did not do. My division chief thought it was a bright idea for him to waive the minimum mandatories on all of my trafficking cases, because he thought if he "kept the judge happy", he would secure favorable treatment on his homicide cases he would have to try in front of her.

Now mind you the judge NEVER asked him to do this. And she had NO CLUE he was doing it psychologically to try to gain some favor with her, and particularly at the expense of violating procedures. And if the judge had known he was engaging in inappropriate waivers, she would absolutely not ask him to do something that would cause that kind of trouble. But he kept giving the appearance that it was perfectly fine - at my expense.

If I objected, then it would give the appearance of me being a troublemaker. Because then it would just be me making waves, and not learning how to play along.

The division chief did it on case after case. And so this comes to the point where this little trip down memory lane becomes relevant. He put me in a difficult spot. Because the Chief of Narcotics (the late) David Paulus hit the roof. Suddenly I was labeled a rogue reckless ASA maverick who just went around doing whatever the heck I wanted without following rules.

I could either turn in the division chief, but then be BLACKLISTED to the end of time OR I had to take the fall, and the beating, caning, and drubbing that came with it.
So I took the drubbing. Paulus called me into a meeting with him and Arrojo. Paulus started yelling at me, reminding me of the chain of command, that only he could approve such deviations. Demanding to know what I was thinking. I shrugged, I played dumb. I basically feigned ignorance as if I just did not know. Paulus raked me over the coals some more. I took it. I was reprimanded and told if it happened again it would be instant termination. I went to leave shaking my head thinking, this place is so dysfunctional.

Woody Clermont

Anonymous said...

Uhhhh….aren't you 9:51 ?

Anonymous said...

That’s Professor Aubuhoff kind sir.

Anonymous said...

Agree with 6:10 PM. The sao expects us to clean up their prosecutorial and brady misconduct allegations constantly.

Anonymous said...

Doesn’t say much. Looks like it’s a wink wink sweep under the carpet and keep it out of the media.

Anonymous said...

Why did Joro Foreman leave?

Anonymous said...

Drink the Kool-Aide

Anonymous said...

Narcissistic personality disorder involves a pattern of self-centered, arrogant thinking and behavior, a lack of empathy and consideration for other people, and an excessive need for admiration.

Anonymous said...

So, some of you think KFR needs to resign. Great, that would allow that asshole in Tallahassee to appoint a right wing white male Christian, hetero, super conservative nut job to take over.

Be careful what you ask for...........

Anonymous said...

Miami SAO has no policy on anything. It’s rule with extreme prejudice.

Anonymous said...

How come celebrities get good plea deals?

Anonymous said...

It could be worse. We could have the 🤡 Georgia judge who’s presiding over the Young Thug case as part of our local bench.

Anonymous said...

“Janet Reno always told us to go where the evidence took us. Compare that to the MVZ discovery lecture.
Janet Reno supported us when we dismissed a case. KFR fires people. “

Anonymous said...

That’s not the worst, though. The worst is for Rundle to hire the lead prosecutor in the Young Thug case and make her integrity czar.

Anonymous said...

1:42: If you lacked the courage to stand up for yourself or to call out a division chief for improper conduct you have only yourself to blame.

Anonymous said...

What could possibly go wrong?! Florida’s latest plan to solve cold cases? Playing cards for inmates.
Florida officials will distribute thousands of playing cards in prisons and jails featuring crime victims, which they say could help bring leads.

https://www.washingtonpost.com/nation/2024/06/11/florida-prison-inmates-playing-cards/

Anonymous said...

Sorry folks, but i would rather have KR and her people try to fix things than our Governor, who would send in some right-wing zealot that would refuse to waive any min/mans. While KR has deviated too far from the Reno model, she still has that connection with the big lady, and we are much closer to getting things back in Janet's direction than we would with a DeSantis toady.

Anonymous said...

That would be excellent!

Judy Cullinan said...

Alex Michaels was right about a lot of things!

Anonymous said...

Woody you definitely should have snitched on your DC. Never take the fall for someone else.

Anonymous said...

After reading all these posts. I feel bad for the citizens of Miami Dade county.

Anonymous said...

Woody Clermont can you post more stories. I thank you for coming forward and telling us about your experiences during your tenure at the SAO. You’re very brave. I can tell your an honest good man.

Anonymous said...

Most DC’s think they are the shit.

Anonymous said...

Omg this has to be an Onion article. Please make it an Onion article. *sobs*

Anonymous said...

Remind us, how is she any better than this?

Anonymous said...

WAKE UP EVERYBODY: ELECTED STATE ATTORNEY'S AND PUBLIC DEFENDERS HAVE IMMUNITY, THEY STAY IN OFFICE 20-30 YEARS. PUBLIC DEFENDERS WESLEY, HOLT, AND HAUGHOUT ALL JUST RETIRED, ALL OVER 20 YEARS. GET OVER IT.
WHY ARE MARIJUANA CASES STILL PROSECUTED, WHY ARE THERE 66000 FEDERAL INMATES FOR NONVIOLENT DRUG CASES? WHY NO OTHERS GIVEN CLEMENCY AFTER TRUMP RELEASED ALICE JOHNSON YEARS AGO?

REGARDING VON ZAMPT; I DID 2 TRIALS AGAINST HIM, NO SIGNIFICANT ETHICAL ISSUES.
MURDER TRIALS AGAINST MIAMI SAO, FROM MY EXPERIENCE MEANS A WIN AT ALL COSTS MENTALITY AND ETHICS ARE IGNORED.
I COULD GIVE AN EXAMPLE BUT I AM ONE WITHOUT POWER AND THE UNETHICAL ONES WERE ADVANCED AFTER THEIR DISBARABLE ACTIONS IN A MURDER TRIAL.

Anonymous said...

Can anyone recommend an employment lawyer?

Anonymous said...

no… not hetero… sound the alarms! please everyone we must stop all the criticism at once!

Anonymous said...

Compare KFR to Fani Willis of Atlanta. Her boyfriend and former trial partner just said on CNN that when Trump is president he can be tried and sent to prison in Atlanta. When asked about the supremacy clause he said I’m not familiar with that clause. Look at the former state atty in Broward, Sachs , who prosecuted innocent people and whose offers were draconian. Has KFR ever prosecuted and convicted an innocent person? Name one. Her offers are always fair. Lay off her already. She’s bringing back the great Jose Arollo. That speak volumes about her ethics. He will be her successor.

Anonymous said...

What in the hell is going on at the SAO?

Anonymous said...

I have about 100 improper conducts to talk about but I’d get fired.

Anonymous said...

You describing anyone in particular?

Anonymous said...

Its amusing that since 2018 (when i became an active readsr) many commenters on this blog will complain about how horrible ASAs are, yet ignore that Miami Dade might just be the best place to be a criminal defendant, in Florida and maybe the United States.

You have Enough progressive judges where you have a decent chance of landing in a division where the Judge will make favorable court offers, overworked prosecutors across the board and so much overturn that the likelihood of the prosecutor actually knowing anything about the case is minimal. Continuances given routinely where you can just wait an unfavorable prosecutor out and then get a new offer. Then if all else fails, you have a jury pool that you can run a defense of calling the cops liars and have a legitimate chance of winning so long as the alleged crime is not caught on camera.

This attempt to paint the entire office as MVZ acolytes is so far from reality its hard to take some of these comments serious (as entertaining as they are to read). If anything that Herald article suggests that those bad practices were kept within a very tight circle. I've reached out to a lot of former ASAs including some that retired after a career working there from that office about the article and thus far none had any clue stuff like that was going on. Which suggests at a minimum such practice was not wide spread and not broadcasted, which is likely the case. If it were widespread knowledge I think its safe to assume word would have gotten out way before it did as many principled ethical people came from that office and wouldnt let that fly. Truth be told Its unlikely that KFR herself even had a clue as to the details of what was actually going on given how far removed she is from the daily ongoings on floors 2 and 3 of her office.

Lastly, I'll just echo what Monday said about Abuhoff. I wont go so far as to discount some of the allegations as I dont have full personal knowledge of all the details, but through my several interactions with him over the years he was fair in his dealings and generally pleasant to deal with. If the Judge saw fit to not reprimand him for what allegedly occurred, then we should consider the possibility that there is no foul-play.

Anonymous said...

Name one innocent person KFR has prosecuted? Do you know how fucking hard it is to prove innocence after you’ve been wrongfully convicted. You’re ignorance is insulting.

Anonymous said...

Stop defending misconduct by saying there are good prosecutors. STOP. It’s not an excuse. And nobody said it is everyone. But good prosecutors do not excuse the misconduct of the bad ones. A rotten apple spoils the bunch. Throw the rotten ones away!

Anonymous said...

Woody: Many have been in your shoes sitting in these types of alternative universe meetings with an end game you can’t win, people just don’t get it. Good job sharing your truth and good job moving forward. As people keep speaking up, the culture will have to change.

Anonymous said...

Mitchell is a good prosecutor.

anonymous said...

I agree wholeheartedly with 10:37 and 8:55. My sentiments exactly!!!

Anonymous said...

SAO is weird. You got paranoid employees. Tyrant chiefs.

Anonymous said...

Are they really not going to prosecute someone for LYING and FORGING SIGNATURES on legal documents especially with everything going on right now? Are they not prosecuting those kinds of crimes? Does the Broward ASA not care? Tracy was literally an “A” ASA, dealing with high-level cases. This is unacceptable.

Anonymous said...

https://amp.tmz.com/2021/02/22/trick-daddy-plea-deal-cocaine-possession-dui-case-miami-arrest/

Anonymous said...

Juvenile accused of murdering s rabbi. Case was KNP’d in a year after the kid sat in jail after he won his AH but couldn’t afford bond. Worst part is, MVZ used the actual murderer as an unlisted flip.

Anonymous said...

Jose is Michael’s best friend.

Anonymous said...

11:15AM, perhaps I should have, but truth be told, how things would have gone from there could have dramatically altered the course of my career.

11:39AM, I had one fellow ASA that overhead another fellow ASA making racist comments about an attorney and a sitting judge. She reported it as it was the right thing to do. Whether they counseled the person who made the comments, I do not know. But what I do know, is that top brass started one of their "files" on the ASA who reported it.

She suddenly became the subject of an investigation for competence. After corralling some "witnesses" to claim she was terrible in court every day, Don Horn asked her to leave or be fired for incompetence, and she resigned quietly to avoid being blacklisted.

I recall when they had such a file for David Ranck, who had also caused a lot of trouble for the SAO over the years. This blog discussed the story a bit back in the day. It even ended up in federal court, in the case of Ranck v. Rundle, see https://casetext.com/case/ranck-v-rundle.

As a County Court Assistant Chief, I had to turn in a CLI, who was signing off on discovery responses using another attorney's Bar number. I was put in a terrible position - once it was reported to me, I could not disobey the Bar rules and look the other way. But I knew when I did it, it would immediately change how people in the office looked at me after that. This individual was well liked, and it could have adversely affected his career.

There were a growing group of people who were not fans of me after that, and who began a quiet campaign to discredit me. Every action, has consequences.

2:59AM I agree with your comments about "alternative universe meetings with an end game you can’t win, people just don’t get it." That's exactly right.

I certainly hope the culture does change. Good prosecutors exist, true. They don't excuse the bad ones, this is also true.

I never sat in on any of these MVZ trainings that people are talking about. But by the looks of things, probably good that I missed those!

As for me and that division chief? Well one day I called him out to his face in an email, because I had, had it with his slippery machinations and manipulations. I said many unkind words. I want to say I also claimed he was a "puppet master pulling his strings with Jose Arrojo" too. To which he ran to Arrojo with the email like a little kid saying, "Jose doesn't appreciate you insinuating that he's some sort of puppet."

But to be sure, they punished me the whole rest of my time in the office, making my existence miserable. I think they even put me in a "shadow A" position for a while, claiming I was in need of remedial training, and telling people to boot: "He's a little slow, makes
mistakes, and needs work." Is "shadow A" even a real position? I can laugh about it now all these years later.

And yet, I wear my mistreatment as a badge of honor. Karma is real. I slept good at night.

Woody Clermont

Anonymous said...

Wasn’t she licensed in another state?

Anonymous said...

@ 10:38 pm, unless Grieco represents the celebrities. They get no plea. Maybe he’s blacklisted?

Anonymous said...

Innocent person prosecuted=Tony Brown....look him up

Anonymous said...

7:34, I don’t blame you for being afraid. Leadership at the SAO is paranoid. Everyone is a snitch and a suspect. I wouldn’t be surprised if some of them were actively looking to identify and out every anonymous poster on the blog.

Anonymous said...

How did Tracy become an “A” ASA without being a member of the bar? There is more to this……

Anonymous said...

Besties!

Anonymous said...

Or blacklisted. lol.

Phil R said...

Krissy Kawas and I represented Tiny Brown in a 3.850. He was convicted by an eyewitness who was “50. % sure “ of his Id.
AS the case progressed MVZ consistently pulled me aside to tell me that I knew him and that my client was guilty and he knew it and I should trust that. Eventually I told him to stop telling me that.
After we got the order reversing the conviction by a very brave and great judge (De La O) and the case was set for status MVZ did not have the courage to show up and announce a NP

Anonymous said...

Phil R. not surprising and the SAO will continue to hide it all. There was a previous comment that said you would represent Rundle against Judge Wolfson and others. Is that true or not? A lot of us respect you and we should know if that is true or not.

Anonymous said...

Alex Micheals was indeed right after all.

Anonymous said...

SAO=hypocrites

Anonymous said...

In Berger v. United States, 295 U.S. 78 (1935), Justice Sutherland characterized prosecutorial misconduct as “overstepp[ing] the bounds of that propriety and fairness which should characterize the conduct of such an officer in the prosecution of a criminal offense.” In the years since Berger, advocates for the wrongly convicted have increasingly focused on prosecutors’ failure to disclose favorable evidence – what are known as “Brady” violations, after the 1963 case of Brady v. Maryland – as one of the most harmful and pervasive forms of prosecutorial misconduct.

Anonymous said...

“If I objected, then it would give the appearance of me being a troublemaker. Because then it would just be me making waves, and not learning how to play along.” Woody that’s exactly what goes on. They want everyone to “play along” even if what they do goes against the very rules they make.

Anonymous said...

That’s Tony Brown. Sorry. Spell correct.

Anonymous said...

People aren’t defending misconduct. People are disagreeing that misconduct is widespread and even with allegations about individual prosecutors. Misconduct should be handled in that case before that judge with competent substantial evidence and with the Bar; not on a blog on the internet.

Anonymous said...

Woody, I don’t know you but I wish I did because you sound like an honest and honorable man. I’m also a former ASA from that office and though I didn’t experience as much as you did (but still experienced some unwarranted crap) I was privy to and aware of similar bullshit stories.

Take the Ranck story, for instance, he was railroaded and vanished for doing the right thing at the end of the day. For speaking up against an unjustified police shooting. I’m sure his personnel file today makes him look the devil incarnate. Ranck was a good dude. Clean. No scandals. Honest. But his biggest mistake was to dissent. To speak truth to power. To get in the crosshairs of the golden children, Horn and Arrojo, and that got him banned. Arrojo is back, so back to business as usual. Horn may soon return also.

Reading the arguments made by the SAO in the Ranck lawsuit tells you all you need to know about their culture. Which persists today. They sided with the cops at the expense of their own ASA. All because he questioned the cops.

Whatever technicalities may have caused Ranck’s case not to proceed to trial, I can tell you that Rundle and her golden children were crapping in their pants should the case have proceeded because Ranck was represented by a former AUSA, Alan Kaiser, who they were terrified about. Kaiser would’ve done cartwheels around these clowns. No new of them, combined, plus their lawyers, stood a chance.

That office is full of stories like yours and Ranck’s. The common thread is that they like you until you stand up to them. Then they shoot you down and vanish you. It’s a mafia. I’m
Actually surprised they haven’t addressed you personally on this blog. They’ve certainly singled out others. They’re paranoid. Seeing ghosts and shadows everywhere.

Anyway, thank you Woody for speaking up. For signing your name to your posts. You’re braver than most of us.

Anonymous said...

Yea, sure.

Anonymous said...

More El Mula arrests came down. That’s a whole lot of possible shady shit from our friends at the SAO. Keep them on their toes defense bar. Let’s not wait years to post about their shenanigans.

Anonymous said...

U.S. District Judge Alan Gold found that Miami-Dade prosecutor David Ranck had a constitutional right to post the memo on the Internet. Protect the First Amendment.

Anonymous said...

Who is Tracy? What exactly happened?

Anonymous said...

For Rundle to go against Sayfie is just stupid. Sayfie is a good judge and good leader. Rundle should take some lessons. She divides her team constantly and talks way too much shit. She holds herself higher in her own mind than everyone else does.

Anonymous said...

Phil if your name is being used to silence people, you should speak. It is obvious from previous comments that the SAO is looking to out and identify any people who are speaking up on this blog.

Anonymous said...

Those arrests have been organized and planned for months. It’s all in plain sight.

Anonymous said...

I had to break my commitment with a few moths left. I had kids and a wife and couldn’t make ends meet. I got an amazing offer that I know the SA helped to close the door on. She tried to blacklist me. God was good and I ultimately landed very very well. So well that Rundle now tries to be nice to me every chance she can because of the influence she thinks I have. Yes a commitment is important but so is human decency.

Anonymous said...

Sure because there is no actual crime to prosecute so the SAO makes that shit up.

Anonymous said...

Woody - please get a shrink instead of posting your inabilities for all to see.

Anonymous said...

Was he able to depose anyone?

Anonymous said...

Did anyone catch the citation to the Khan v. Rundle case in the Ranck opinion? 🤨 You should read the Khan opinion.

Anonymous said...

More cases more corruption!

Anonymous said...

Does anyone realize that Talpins is not only trying to take down sayfie but also KFR. It’s hiding in plain sight..

Anonymous said...

8:45 am is right. Although some of the SAO minions have gone after people here in an effort to bait them into outing themselves, especially Phil, even randomly naming people to see if they bite, their efforts to out are generally subtle. Anyone not paying attention will out themselves.

I have no doubt that this blog has become their pet project and that they are gathering, interpreting and investigating information in order to try to identify people. Hell, I wouldn’t be surprised if they concoct an investigation just to subpoena IP addresses. And if this sounds far fetched you’re not paying attention.

Anonymous said...

Shes someone that was apparently fired from the DA’s office somewhere in California and was hired by Miami as a CLI to an “A” position. She was a CLI because she passed the FL bar but wasnt cleared for one reason or another. There’s some rule in FL that lets people practice as a CLI for SAO/PDO if they’re barred in another state.

Not fully sure why but she was fired (i assume due in part to whats said in the above comment) but what I do know based on a google search is that she had at some point a strong right-wing tik tok following under the username socalda.

Her account seems to be down but there are some gems out there if you look.

I never had to work with her but I haven’t heard good thing mostly like the typical traits youd associate with someone who never takes responsibility for their own actions/thinks they are better than the rest/etc.

Anonymous said...

Does he seek the throne?

Anonymous said...

8:57:00AM is definitely an SAO loser lifer. Go out to the real world and make some real money you Pansy. I stand by Woody.

Anonymous said...

Excuse me. It takes a lot courage for someone to come out like Woody has.

Anonymous said...

Why are we hiring interns to practice as “A” ASAs? Is the budget that tight? Who signed off on that idea?! “So I know this position involves being familiar with the Miami legal system including our procedures while handling incredibly sensitive and traumatized victims but you know what let’s give it to an intern so we can save money and still fill the spot!” Feels like a slap in the face to the victims. what a kangaroo court.

Anonymous said...

Huh?

Anonymous said...

How many current County and Circuit Court judges were "trained" by this guy over the last 15 years or so during their time in the SAO. I can think of several.

Anonymous said...

8:57AM, with sarcasm, I say talking slick is grand. That is exactly a kind of triggered response - sometimes that can come in the form of ridicule, trying to act tough, or even their idea of "bullying". However, true confidence and maturity usually involves treating others with civility and it certainly doesn't involve trying to armchair diagnose others without qualification.

No one is perfect. I wish you well.

Woody Clermont

Anonymous said...

Talpins has no motive to take out KFR. He’s her #1 cheerleader.

Anonymous said...

Fuck you. Be nice to Woody. Woody is a treasure.

Anonymous said...

Elaborate more on that theory 10:15.

Talpins by all accounts is a loyal foot soldier who appears to play the role of a consigliere type. Since his return he has consistently risen through the ranks and with that perhaps more influence. KFR historically is the type to do away with those she sees as a potential threat or to have the potential to outshine. Its doubtful he has those machinations in mind or has even the remote chance of pulling something like that off.

Rumpole said...

11:28 don’t worry. My Ip address is through a VPN somewhere in Norway. So have at it.

Anonymous said...

I think the big easy e elortegui would be a great interim state attorney after Kathy resigns. He would right the ship and be a steady hand on the tiller for six months.

Anonymous said...

Elortegui has been mentioned several times as a likely successor to KFR. What’s the scoop there? Anyone knows something the rest of us don’t?

Anonymous said...

Many, many!

Anonymous said...

KFR brought back her replacement = Arrojo. At least until he gets voted out.

Anonymous said...

That only means that the SAO will enlist Interpol to obtain the info. 😂

Anonymous said...

That’s ok Woody. You’ve just given them an identifiable target. Others who’ve posted anonymously have been called out random names a la spaghetti at wall. Paranoia, insecurities and projection in full display. SMH.

Anonymous said...

That’s a far fetched Makavelian theory.

Anonymous said...

Why not? ASAs are public figures whom we can publicly discuss.

Anonymous said...

Can someone share the training docs received by FACDL?

Anonymous said...

He can’t replace her. If she resigns doesn’t DeSantis appoint a replacement?

Anonymous said...

History is replete with examples of just how much the SAO could bungle things.

Let's not forget when in 2014, the SAO claimed to have solved a cold case.

When the Office initially accused Rickey L. Davis of committing a cold case murder. However, four years later, her Office withdrew this accusation, indicating that it was no longer going to proceed in the Davis case, without so much of an explanation of why the sudden change of heart. Leaving the public in the dark about what actually went down between 2014 to 2018.

The damage was already done right? Davis's picture had been plastered everywhere as being a murderer of Joycelean Burrows. His mug shot was everywhere. Oops.

Originally back in 1986, while he was considered a prime suspect, the police investigation led to a dead end, and Davis was not charged. Davis's lawyer was Stephan Lopez. "Lopez says cops swabbed Burrows' fingernails and body and also claimed there was no semen evidence on Burrows linking her to Davis. The cops even swabbed Davis in 1986 — but turned up nothing." See https://www.miaminewtimes.com/news/miami-dade-prosecutors-drop-1986-cold-case-murder-charges-10752363.

When they got DNA from Davis in 2001 from a separate unrelated matter, they just decided to randomly retest the DNA back to the evidence in the 1986 murder. And so somehow between 2001 when they got the DNA and 2014 when they decided to charge Davis, somehow the case evidence miraculously improved? Very suspicious.

Then by 2017 or 2018, they just dropped the case and kept mum on what actually happened. As mentioned in the Miami Times article, Davis's attorney was highly skeptical and felt the whole thing was fishy. "Nothing happens for 28 years, and then, in 2014, Rickey Davis gets arrested for that murder on that same DNA evidence?" Lopez asks rhetorically. "The same evidence they said didn't exist? This was a shit-show case from the beginning."

Lopez was prepared to call an expert witness Kevin Noppinger who testified in a deposition that would be impossible for DNA evidence which did not implicate his client in 1986, to suddenly turn up a match years later in 2014.

We can be glad, the right thing happened at the end. But the crazy unexplained stuff in between, was just part and parcel of the zaniness that goes on in the Graham building as accusations like this can restrain freedom and impact lives and reputations.

Just more of the same terrible things. Here's a list of other links of SAO classics reported in the press worth reading:

1. https://www.miaminewtimes.com/news/in-juvon-simon-police-shooting-katherine-fernandez-rundle-sued-for-withholding-documents-10870429

2. https://www.miaminewtimes.com/news/miami-dade-cops-had-evidence-deandre-charles-did-not-kill-rabbi-joseph-raskin-11052659#:~:text=Fernandez%20Rundle's%20administration.-,In%202015%2C%20local%20cops%2C%20elected%20officials%2C%20and%20Rundle%20stood,Muppet%20than%20a%20human%20being.

3. https://www.miaminewtimes.com/news/critics-eye-miami-dade-state-attorney-katherine-fernandez-rundle-11678508

Anonymous said...

Did Reno first hand her the reigns, and then she ran when the term was up, or did the governor appoint her when Reno resigned to go to DOJ?

Anonymous said...

Ah yes, the Miami New Times. An amazing non-biased publication known for its journalistic integrity.

Anonymous said...

Targeting is an incredible tool of fear.

For every person who feels sympathy for, and support for a target, there are three others who hate that person's guts.

Ultimately, a target is a target NOT because they want to be one, but because they are defined that way by people trying to control an agenda.

That says a lot more about people who control agendas, than the people who are painted as being crazy, and then making this person into a target. Good leaders are actually servant-leaders. Rather than doing the work, and fixing the problems, it is much easier to just punish dissenters for insubordination and eliminate dissent.

Just ask the spirit of the departed Socrates.

Anonymous said...

Good for what? I know he is good at being unethical and unfair.

Anonymous said...

Thanks for your comments Mr. Talpins.

Anonymous said...

@ 7:02 pm, of course, KFR has prosecuted innocent people, but we won't know about it until people sue the office or it becomes too big to handle; hence, the SAO has to announce to save face. By her admission, the office’s Justice Project (it should be renamed Injustice Project) vacated some sentences of individuals who were falsely accused by corrupt cops (who were prosecuted by the feds because KFR can't manage to do her job and has to resort to outsourcing justice).

Here is the comical page:

https://miamisao.com/our-work/signature-programs/justice-project/

I bet many of those MVZ cases have innocent defendants. Of course, they don't want a Conviction Integrity Unit. Why increase their already lousy image when you can bring Mr. Make Everything Disappear, Arrojo?

Anonymous said...

@11:39 am because they stink?

Anonymous said...

In 1993, Governor Lawton Chiles appointed the State Attorney to complete the unexpired term of former State Attorney Janet Reno. In 1994, residents made history by electing her as the first Cuban-American State Attorney in Miami-Dade County and Florida.