Monday, June 17, 2024

NACDL WEIGHS IN

 The National Association of Criminal Defense Lawyers (NACDL Motto "We charge dues too") weighed in on the scandal and mess that is now the Miami State Attorneys Office (Motto "Bringing witnesses together to coordinate their testimony for a lot longer than we will admit"

Washington, DC (June 17, 2024)  Prosecutorial misconduct plagues the criminal legal system, and defense attorneys play a crucial role in exposing it. As evidenced by numerous cases brought to light by the Florida defense bar, it is rampant in that state and corrective action is long overdue. As widely reported, the most recent case involves unethical and unconstitutional use of a jailhouse informant, a recurrent theme in the annals of law enforcement and prosecutorial misconduct and an issue that is ripe for reform. NACDL joins the Florida Association of Criminal Defense Lawyers and its Miami Chapter in calling for the States Attorney to take immediate action, including the creation of an ethics oversight unit, to address the prosecutorial misconduct and determine its root causes. “Until this serious problem is remedied, our legal system will continue to suffer, and the respect accorded it by the public will continue to diminish,” said Michael P. Heiskell, President of NACDL.

Janet Reno built this office into THE finest prosecutors office in the nation, and the current administration destroyed it, mostly out of fear that they could not beat lawyers like the late and great Alex Michaels who routinely kicked their ass in murder trials. Shame on them. All together now: SHAME. 

The Miami State Attorneys Office is now synonymous for unethical conduct by prosecutors. SHAME. 

37 comments:

  1. Going national. International next? Pretty soon the SAO will need to create another chief assistant slot and hire another overpaid bureaucrat. Maybe a Crisis Management Czar. I vote for Katie Phang, or maybe Palm Beach SA Aronberg, who hasn’t met a television camera he doesn’t like. With all of this attention we’re going to have to start spiffying up for court. Never know when we could be interviewed by CNN or the BBC about the prophecies of Alex Michaels.

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    1. Katie “fame-hungry” Phangs would be perfect for the job. That office can provide endless newsworthy content. She is another prosecutor at heart, masquerading as a criminal defense lawyer. Once a prosecutor…

      To quote her (and dedicated to KFR): “You cannot put that genie back into the bottle.”

      All the SAO’s shenanigans are out of the bottle, so @FACDL, whatchugonnado? The clock is ticking.

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  2. "Arrojo is a great lawyer and a great guy. He’s a serious trial lawyer and highly ethical. We would be lucky to have him. The whining is embarrassing."

    This was 8:44am on Monday. This is exactly the mind-numbing crap that gets regurgitated over and over.

    "Everything is fine people, get over yourselves."
    "All this whining and complaining..."
    "You can't find a better office..."
    "Way to demoralize good people trying to do their jobs..."
    "Stop your complaining and get back to work...."

    This is gaslighting at its best. People keep complaining. People keep calling for change. The FACDL is demanding action. The NACDL is demanding action. The response?

    "Nonsense, all is well here. Plus we're rehiring this guy who is top notch lawyer and Mr. Ethics..."

    Except people are complaining about him too. Suddenly the dodging, and redirecting, and deflecting is falling on deaf ears.

    "Look it was limited to MVZ, no one else okay? Now everything is fine."

    You can do the tap dance, soft shoe, and distraction all day long. People are not buying it. People are asking for overhaul and meaningful change. The days of sweeping it under the rug, are over. People are not going to keep taking talking points distorting reality and trying to make them question the problems they see, and change their minds thinking "maybe I am being too harsh..."

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    1. SAO is by far the best at gaslighting

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  3. Jesus Christ, give those kids a break. Just because your kids have left for greener pastures doesn’t give you grounds to obliterate the futures of those starting their careers. Just stop it already. If you’re sad they become judges, run against them. If you’re sad they make more money than you without the fear of future bar complaints, make friends with them. This is reaching a new level of insanity only Miami could intend to perpetuate. Some of us are beyond over the narrative of posting for likes and attention as if we are millennials. If you want a voice, pick a story. You don’t just pick an office.

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  4. Alex Michaels was tough to beat but he really got under the skin of us Judges. Richard Sharpstein was another story. He developed a theme and convinced almost every jury with his sincerity to acquit.

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

    Miami SAO is far better for our clients than just about any SAO in Florida.

    Even with a new boss, Broward cannot fathom that someone they charged might actually be innocent.

    I'm just sayin...

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  6. Catalano & JQC 1 -- Judge Milian 0
    http://www.jaablaw.com/uncategorized/jqc-v-milian/

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  7. How about asking Kathy to pull Marie Mato out of her division and see if she can work with both sides and resolve this before she takes office in January. Everyone respects her and no one would question her devotion to both her office and to the courts. All of this whining may satisfy a bizarre sense of humor, but I am still tortured by a case where I think Michael stepped over the line. Everyone needs to be satisfied that our SAOs are being trained to pursue what is just and right, not just to win at any cots or to serve as the running dogs of the cops. Judge Alan Schwartz once said that nobody could serve on the criminal bench and not know that cops lie. Well, judges cannot always fix that, but the first line of defense is the SAO. Let's solve this problem as opposed to sharing sophomoric attempts at humor.

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    1. MVZ was her mentor and one of her besties unfortunately. The way to resolve this is to let the hearings unfold and watch the cases and SAO implode.

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    2. I wonder, why does an integrity unit have to be implemented by the SAO, why can't it be implemented by the feds or a private law firm or non profit legal aid office on behalf of the defendants?

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    3. So they can control it and cover up the corruption.

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  8. Whataboutisms abound.

    "What about [anyplace not Miami-Dade State Attorney]?"

    In other words, it's the since Miami SAO is better than SAOs around the state, then we should stop complaining argument.

    If a place that is light years "better" than any other Florida SAO, but still has terrible issues where "some" defendants lives are getting screwed over by a win-at-all-costs strategy, does that mean "fix nothing - we're already ahead, so fuhgeddaboudit!!!"

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  9. Trial Attorney - Miami, FL (Remote/Home Based)
    Allstate Insurance
    Miami, FL

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  10. How is Mitchell still employed at the SAO?

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    1. Questions that need answers. Also -- why is Mitchell still on the Pearson case? Why does any ASA remain on a case when misconduct is alleged? Its a disgrace (and I am not saying its isolated to Miami) to think they won't just cover up their misconduct further.

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    2. It’s almost comical but realistically it’s very sad.

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  11. I think someone asked earlier “Why do celebrities get a sweet plea from the SAO?” Big pockets big donations.

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  12. So that’s how you stay out of trouble. You write a check to the Denise Moon foundation.

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  13. MVZ may have crossed some lines but he wasn't willing to cross all lines.
    https://www.miamiherald.com/news/local/crime/article256617061.html

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    1. Some lines are too blatant to cross. He prefers doing his dirt under the table.

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  14. Anyone who has ever had a case with MVZ or Mitchell and they used a jail house or snitch witness (MVZ can't usually win without them), check the terms of the witness's plea agreement. For instance, he routinely added a clause where the witness had to pay $500 fine to the SAO (for what???). This was so he could violate them at any time to bring them into custody and hold them hostage for their testimony. Also, follow up with the witnesses, he often times coached them to lie and testify however he needed them to. Sometimes their defense attorneys were even in cahoots....... If the SAO doesn't care, and if we don't get an integrity unit, we have to do it ourselves.

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    1. Michele, you are a rockstar; keep rattling those cages. You and Brian Steel deserve a medal. That chess game (slide) about hiding Brady needs to be found, as I have the feeling someone has it. I bet those fines went to the Denise Moon slush fund, administered by the Miami Foundation. Look at who are the beneficiaries of those funds. It may be worth looking into that, too. Also, I hope someone is working on a Bar complaint for this “stand-up citizen” who has now quietly moved to Georgia, escaping the Miami “heat.” Maybe he will run for judge in Fulton County? There may be a vacancy soon, lol

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    2. Michele is Lawyer of the year!

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  15. Feel free to send the case/defendant my way if you're concerned but don't have the time to review.

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  16. It also appears to be an accepted practice especially in homicides and capital homicides to send lead detective reports/depositions (or other depositions, reports) to flips or other witnesses ahead of time to prepare them for deposition or trial. So why is it so damn hard for the state to believe or admit witnesses/flips/cops were/are prepped for trial together by many ASAs. That in combination with the training outlines answers the questions. We should be filing motions in every pending case asking which witnesses were prepped together OR received reports, other depositions, testimony to review in preparation for their case. If a new ASA has taken over a case/caseload that will place on them a burden to go back and review all emails, mailings to every witness, records as well as having to actually go back and ask every witness themselves under oath and making that representation to opposing counsel and a court under oath because If the SAO doesn’t feel consequences from their actions, the conduct will never ever change. This would be potential impeachment evidence under Brady that should be disclosed because everyone would be entitled to know it was done and question the witness on the effect on their testimony.. We have got to work this as a defense bar team and make a global impact on the system because Rundle is continuing to do nothing of substance. Maybe also an email blast to FACDL local and state and NACDL and Carlos’ office with all a template that someone takes the lead creating. How is this not Brady under an impeachment theory.

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  17. Don’t mess with Borchew, you’ll get burned. Love it!! Lawyer Bitch for the win!

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  18. I have never seen so many whiners, pussies, backstabbers, complainers etc. You crybabies are letting a few bad apples cast their stink upon the entire State Attorneys Office??? It's an absolute fact that the Miami SAO is heads and tails better than 99% of the offices out there. Do they hometown lawyers from outside of Miami? No. Do they get vindictive if you are adamant about going to trial? No Do they come after defense lawyers? No. Is an unfamiliar face ever taken advantage upon (like what used to be routine in Broward)? No. Do they waive minimum mandatory penalties routinely? Yes
    It's a huge office with an even larger turnover rate...do you know the challenges in maintaining consistency in this challenging, hyperinflation economy? With all of these baby federalist society judges that are frustratingly passive, the necessary checks and balances have gotten out of whack. Be careful what you wish for because despite some negatives, things can get a whole lot worse (ask any experienced defense attorneys about adventures in other counties.
    What MVZ has been alleged to do is disgraceful but most of the ASAs never were impacted by him. There will always be issues in the SAO just as there are always issues with lawyers with the Bar. For the most part, we are all on the honor system which is why the adage "your word is your bond" is so applicable. I think the regular backstabbing and inappropriate criticism by the readers are, in a way,worse than MVZ. I think many of you asshole hypocrites would sell your soul for not a lot so the hypocrisy is cringeful .

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    1. Hmm… I think most are up in arms about the current issues limited to specific ranking ASAs in SAO, and the lack of SAO response to do any review of misconduct on their cases. I don’t see any hypocrisy or general whining from my view of comments. While there is some extremism, as there always will be. Actually to the contrary, your comment seems like whining about people lodging very specific complaints about very specific ASAs…

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    2. 1:57 Sounds like an ASA or former ASA-SAO sympathizer.

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    3. 1:57 your post is cringe. Is your position of power being threatened?

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  19. 157 as to trial vindictiveness. Pablo Lyle. Close Manslaugter case. After trial Shawn Aberhoff asked for 15. The max. So yes they do ask for a trial tax on every case. For decades they have asked for jail in first duis that lost at trial. So you’re 100% wrong.

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  20. When it comes to the matter of 1:57 and corruption and scandal at the SAO, the DNA results indicate that, "You 1:57, are the Father!"

    [Crowd goes wild, and claps wildly for reasons they can't explain. Perhaps they feel a little less intelligent after watching this trash reality show filled with unnecessary drama and less than ideal programming.]

    "The results additionally indicate: a hit dog will holler!"

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