We received this communication with a request that we post it. Sure. Why not?
As an attorney who came up through the SAO, it saddens me to see things like what just happened in my case with Michele, Khurrum, and Alyssa. Luckily, we were able to achieve a positive result for the clients.
First things first, though: I’d like the focus at the moment to shift away from “More Shame for the Dade SAO,” as your January 16, 2025, post is titled. Instead, I’d like the spotlight to be on Assistant State Attorneys Casey Hughes and Alejandra De La Fuente.
Casey has been dealt the short end of the stick for some time, often left with the dumpster fire work of her predecessors in the last two homicides I litigated with her. All I’ve seen from Casey is the work of a responsive prosecutor who puts in more effort than many of the “2600 billable hour” civil attorneys—all while making a fraction of the pay. When Casey discovered the issue in this case after hours (around 8 PM the night after jury selection), she immediately dismissed it the following morning. Her concern shifted instantly to explaining and consoling the next of kin about what she was about to do. Acknowledging that your office made a mistake and taking responsibility for someone else’s improper behavior has to be one of the hardest conversations a prosecutor can have with a next of kin.
Casey wasn’t having any of this nonsense, and I believe she should be recognized for her actions so that prosecutors in the office can look to her as a model—not just for how to ethically handle their role as prosecutors, but for how to be an attorney. When we focus solely on the bad apples, we perpetuate the culture of negativity that surrounds the office. This negativity, in turn, deters good and ethical prosecutors from potentially joining their ranks. If the defense bar cannot compel the office to remove bad apples, the next best option is to highlight the good ones.
Highlighting the good will reap long-term benefits. On this case, I saw Alejandra prepare for her first homicide as a prosecutor. For anyone who has done that, you know it’s a huge milestone and often a goal for those joining the State Attorney’s Office. While the case was overly weak, she worked tirelessly to get ready. The emotions she must be experiencing right now have to be on another level—building a relationship with the next of kin who have been shuffled between prosecutors, practicing her opening statement for days on end, and learning the file inside and out—only to find out 30 minutes before opening statements that all her hard work was derailed by a “win-at-all-costs” culture from a former colleague.
This was one of those “grow up” moments for Alejandra that was completely out of her control, but it will become the foundation that makes her an excellent Division Chief (and likely a judge someday).
So, when you see Casey or Alejandra in court, know that they are some of the good ones we should want to see more of. The office isn’t known for giving pats on the back (outside of the self-promotional all-office emails they force you to send about a trial victory), so I’m sure they would appreciate the acknowledgment—even if they won’t admit it.
Second, these Brady/Giglio issues can be fixed. 100%. The process of notifying the defense about Brady violations has been broken since I was at the office, and it has not changed. Typically, when a Brady violation comes to the office’s attention, a notice is generated and sent only to the ASAs handling cases involving that witness. This process is also limited to police officers. On its face, this system may seem fine. However, once that officer resumes working cases, no new Brady notice is generated. When Officer X is back on the road six months later and involved in a new investigation, the ASAs handling that case will likely be clueless about the prior violation (unless they happen to check COP search and generate the notice themselves).
The easiest fix? Since the SAO keeps a list of all pending Brady investigations, post it on the SAO website and update it daily. While notices would still be nice, this approach ensures everyone has access to the information in real time.
For emails on old cases, the SAO should institute a system where all case-related emails are automatically archived in the electronic file of the case (in v-case). When someone sends an email about a case, they should BCC an address like F2500350@miamisao.com, so the email is automatically filed under its proper case. Yes, this requires ASAs to be honest and document communications properly (though nothing stops someone from using personal email), but implementing a system like this would be a significant step forward. I’m confident there are civil firms with similar programs in place.
I honestly have no clue whether anyone of importance from the office has reached out to those who have left in the last decade to ask for suggestions. As far as I know, there’s no exit survey.
This is my two cents, for what it’s worth. Again, thank you to everyone for the well wishes. I think Michele, Khurrum, Alyssa, Casey, Alejandra, myself (and probably Judge Tinkler-Mendez, though we all know she doesn’t take breaks ) need a nice weeklong cruise along the Gulf of America.
Adam K. Goodman
The Law Office of Adam K. Goodman
85 comments:
I would like to thank Adam for his well reasoned and articulate letter. While those two prosecutors happen to be extremely hard working, competent, and with incredibile integrity, let the others take heed. Janet Reno, probably the greatest public servant in our time, always said: Do the right thing at all times. Prosecute the guilty, but protect the innocent. I, too, who started my career under Richart Gerstein and Janet Reno, am saddened to see the office under attack. It is not too late to righten the ship.
One comment ? Really ?
Since I already posted a response on IG to Adam's well reasoned and articulate letter, I will comment here as well..
I agree that Casey and Alejandra deserve recognition for dismissing the case because they didn't have to, and it was the right thing. However, I disagree that that is the moral of the story here or requires a change in the narrative. We cannot fall into the mindset of awarding a fish for swimming. They did their jobs correctly, as they should, whereas their colleagues before them did their jobs unethically. And as we all know each prosecutor is responsible for the actions of the office as a whole entity.
Our clients never should have been prosecuted. They never should've been in jail for 6 years. But for the last three years since the state coerced the co-defendant to commit perjury, they should've been home with their children and their families.
I refuse to make this a story of the prosecutors "doing the right thing." Doing the right thing is literally their job. The SAO is responsible for the irreparable harm on these young men. Did they "do the right thing" ultimately, sure. But let's not forget there is still a third co-defendant who was coerced into a plea behind a perjured statement who will be a convicted murderer for the rest of his life. And anyone who knows the facts of this case know he was merely present and did not murder anybody. I will think about awarding the State for "doing the right thing" if and when they vacate his conviction and sentence.
Bravo to this post. More commending the right actions might create a better model for prosecutors to follow. We've all worked with some good ones -- diligent, professional, hardworking, open-minded, transparent with discovery. Negative news gets more interest, but it's actually pretty remarkable that there are still ASA's doing the job right when the office doesn't seem to reward it or even encourage it. It's never too late to change things, individually and organizationally. As PD's we were trained that a person is more than the worst thing they've done. And how many hours of training did we do on mitigation and how environmental circumstances create bad behavior. Well... that applies to the unlawful activity we see happening at the State, too.
This is good leadership. More of this and less griping. Way to go Goodman, and Casey & Alejandra.
Ms Borchew I am fairly certain we have never met. But you are turning me into a big fan. We should not praise as extraordinary prosecutors doing what others in their office should have done. And that phrase ? “Awarding a fish for swimming” ??!!! I have some appellate briefs I would love your input on. Well done Madam and well said. Well done indeed.
Respectfully
H Rumpole Esq., blog proprietor.
RELEASE THE PRISONERS
MITIGATING CIRCUMSTANCES
PRODUCT OF THEIR ENVIRONMENT
Who was/were the ASA(s) who engaged in the misconduct?
Why not have Former Judge Michael Hanzman take over the State Attorney’s position and “Tom Homan” the entire office and Justice system? I’m sick of this BS of unethical and lazy prosecutors ignoring justice.
Please Judge Hanzman / come back to public service. Our community needs you Sit.
Morale is in the toilet - zero leadership. Chiefs hate each other. All hate KFR and her lack of decision making. Every specialized unit gutted. No one works or cares. The line ASA is treated like crap.
I sometimes look up ASA’s on the bar website it says “member in good standing”. This couldn’t be farther from the truth.
You don’t know how to use Google? You must be an ASA instigator.
Alejandra is a rising star. Dealt with her in the past and she seemed to have the right attributes for a strong, fair and trustworthy leader - which, of course, means that she’ll be run out of that place stat.
Congrats to the defense team and outstanding work on that case. Can someone from that team share the details of the misconduct and the identity of the ASAs? Unfortunately, the Herald doesn’t YET have a dedicated desk for the SAO, so we rely on our small community of conscientious lawyers to stay in the loop.
Michelle, I agree with Rumpole, you’re a breadth of fresh air. I couldn’t agree with you more. While praising others for doing the right thing is always important, even when this is part of their job description, we must not lose sight of the fact that we’re normalizing what should be the norm. I look forward to the day we don’t need to do that anymore. Yeah right! But, at least, I look forward to praising a brave whistleblower (or more) who will someday finally expose the toxicity and corruption.
Those men sat in custody for 6 years and a third remains. I’m team let’s not award fish for swimming.
😊
You think line ASA is treated like crap, ask your support staff how they are treated. Try taking a shit in peace.
Basically the disfunction at the SAO is lack of leadership and lack of staff and ASA’s. Time for a change.
MVzzzzzzzz
You understand the SAO is probably the worst State agency in Florida and yet you believe the bullshit slogan “the best team in America” nice try. Time for the Governor to step in.
Michele you are a rock star!
Definitely! Moral is low. There is no leadership. The chiefs make it seem they are here for a temporary big salary to set up a lucrative retirement.
Yes on Judge Hanzman. Nushin should talk to him. He is the only one who could make the State Attorneys Office great again.
What say you Judge Hanzman?
Please come back.
Yes on Hanzman. Name one better jurist who ever served in the Justice Building. He even granted Rule 3’s and let true criminals out of prison when their constitutional rights were blatantly violated. He is fair.
For State Attorney? The best choice ever.
Not as great as Yale Sanford he was a true rising star.
I love Michele!
So the 4th floor is filled with returning dinosaurs from the Jurassic era returning for a short period of time to bump their retirement?
I’m sorry to the ASA apologist at 7 am. Because you need instigation to attract attention to yourselves. Lay off the Cool Aid.
If the SAO keeps screwing up DeSantis may have to step in.
Why would Hanzman want that position? He makes tons as a mediator on the biggest civil cases and is living a quiet life. But don’t get me wrong - he would be the best State Attorney this county has ever seen. We wish he would come back as a Judge in the criminal division.
Rump: is Luigi Mangione going to walk?
People seem to miss the point that it's super easy to condemn.... it takes a lot more work to try to reorganize, incentivize, and create a culture.
Also... not awarding fish for swimming?!? Who are you people and have you worked in the working world? You have to incentivize everyone, to do anything, all the time. Nobody does the right thing or "their job" just because it's their duty. Read a book, take a walk through reality. Start with Hobbes. Sometimes you have to steer the fucking cattle. You cant just point at them and scold them. What do you expect, when they're being trained to do everythjng but the job the prosecutor is supposed to do? What do you expect when they've been armed with entitlement and also threatened not to come home without convictions? Sure, you can tell fish stories all day but are you going to make any real change? Nope. You will just keep your own bills paid on the next defendants who slip through the cracks and need your help.
So yeah.... steer the cattle in a better direction...regardless of whether you think they should have "known better." That attitude doesn't lead to institutionalized change, nor does naive expectations. Were dealing with crappy, self-interested human beings here. Lead them to do good....with all the education and creativity the criminal defense bar seems to have.... it shouldn't be that difficult to realize. It's literally the same philosophy you apply to criminal defense. Good lord.
Greetings from London. Maybe now you realize Gosney didn’t deserve how he was treated.
Why would Hanzman be a good State Attorney?
Adam is a good guy. He was very ethical in his years at the SAO.
What team? There are barely any support staff working there. The ones that are there look like zombies.
At the SAO everyone receives a participation award!
On an ironic note, one of the SAO’s chief assistants was recently part of a panel at the Catholic University in DC “where he spoke about the crucial role of a prosecutor, offering insights into the responsibilities and challenges of the position within the criminal legal system.” YOU CAN’T MAKE THIS SHIT UP.
The Honorable Arthur Winton and the Honorable Meek Robinette. Hanzey doesn’t home a candle to their wisdom and brilliance. And Mary Ann Mackenzie. Another super star.
Jason Pizza
To 6:50am. Hanzman is good at logistics of courtroom procedures. He is also very ethical and would not tolerate unethical prosecutors nor Defense lawyer nor judges. He would be respected by his underling State Attorneys and they would do the right thing. Someone should reach out to him and tell him that he is needed.
I believe Talpins loves to hear himself speak. He’s like a used car sales man.
Did he talk about “iF i SeNtEcE yOu To LiFe tHeReS a ZeRo PeRcEnT cHaNcE oF ReCiDiViSm.” Clown.
LOL what an odd perspective… a defense attorney should never have to incentivize a prosecutor to do their job correctly. “What do you except when they’re being trained to do everything but the job the prosecutor is supposed to do?” I expect to zealously do my job as a defense attorney. And not train them how to do their job. Nor award them when they do it ethically.
A lot of rising stars left. That’s the sad part. And I don’t think any level of commending them for doing their job ethically would have kept them there. The cancer is on the INSIDE not the outside of that office.
Is Mitchell still the head of Gangs?
No way he walks.
"Never attribute to malice or stupidity that which can be explained by moderately rational individuals following incentives in a complex system."
- Douglas W. Hubbard (on the Hanlon's razor adage)
(I got this off Wikipedia so maybe it's wrong)
I call for Alejandra Lopez to come back to the SAO and clean house!
Who is Hanzman?
What is Justice?
Seems like the type of prosecutorial misconduct the Trump Administration and former Miami APD and future Director of the FBI may want/need to look into…?
I think that Kathy Rundle would agree that Mike Hanzman would be a great successor to her years of dedicated public service.
Who else, if anyone, could be a great State Prosecutor? Maybe he should just be appointed as the U.S. Attorney?
KFR resign take your administration with you!
The office is running at 50% and administration likes it that way. Why I don’t know.
So you think Desantis will be appointing the absolute best candidate regardless of political hackery? The SAO in Dade is the best in the state regardless of these recent problems. Be careful what you wish for?
Former ASA here. Problem is a support staff shortage.
Delaying comments again Rump?
Dont forget Hickey and Tanksly.
Ask the people who have been sentenced to life in prison and the state withheld evidence and tampered with witnesses and see if they give a FLYING FUCK how good a prosecutor is in another county. This is the stupidest opinion and approach.
Yes!!!
I don’t think she would.
Unfortunately yes.
5:18 is right on!
And still coercing people to be jail house snitches.
His day will come.
Alejandra and Michael were besties
Is that his only strategy?
Change is needed
Why is everyone saying who should “come back”… it’s time to MOVE ON. We have an entire new generation that can fix this mess. Pass the torch. No more of the same bullshit.
The best in the State you must be on drugs or delusional.
Why yes, let’s all turn a blind eye to the misconduct in Miami because Seminole County has a worse state attorney.
Kindly explain how that makes any sense?
No, he also enhances defendants and refuses to waive mandatory minimums. He is very talented. 🤣
He should convert to MAGA now and get the insane sheep and administration on his side, he may just get a full pardon.
Again with the "it shouldn't be this way" and "no one should have to" comments....
Are we talking reality, here, or are we talking theory? Do you guys want to work in the system or do you want to go teach fluff law school classes? Serious question. Bc there's a lot of childlike idealism going on in here and not a lot of purposeful action...
Something is off with that man.
Haters! He’s the most ethical and hard working ASA there is. He doesn’t have to
waive the min/man, but would if there was a actual reason to do so. Merely, asking nicely isn’t a reason. I suggest actually doing the work on your clients case rather than just collecting your fee and asking for continuances. Just saying, maybe you’ll actually have a reason to waive the min/man.
That’s the mentality Kathy has programmed. Bring in old colleagues so they can boost their retirement.
That’s childhood trauma.
Hardest working ASA 😂 🤡
Ethical? You can’t stuff flowers up an ass and call it a vase.
Time for him to move on.
Ethical? Maybe ask some of the CTS survivors and victim’s families about how settlements were distributed.
6:58AM I’m thinking your comment is sarcastic. Because quit frantically it’s the opposite.
He has mental issues
Very talented? Why doesn’t he take his talents to the US attorney’s office?
Blaming a lack of support staff for systemic issues misses the mark. I am sure it is a contributing factor.
Oh please
Post a Comment