This email about another case handled shamefully by the Dade County State Attorney's Office (Motto "Wrecking the reputation of the office Janet Reno built every day and, in every way.")
Congratulations to Michele Borchew, Adam Goodman, Khurrum Wahid, and Alyssa Espinosa.
Their clients sat in custody for six years waiting for their day in court, insisting on their innocence. On Tuesday night, after picking the jury in this homicide case, the lawyers received a response to an outstanding Chapter 119 request for communications between the SAO and the lawyer for a cooperating witness. The response included an email between the previous prosecutor and the lawyer for the cooperating witness that was obviously exculpatory and Brady material. In the email, the previous prosecutor explained that she had “met with Michael Von Zamft” and the cooperating witness’s story did not line up with their theory of the case. The previous prosecutor (who is no longer at the SAO) said that if the cooperating witness wanted to provide a second statement, the state would listen – but otherwise the plea would be a long prison sentence. This email was not disclosed to the defense until the Chapter 119 request (and even then, it was disclosed by accident, as it wasn’t directly responsive to the request because it was from a prosecutor who’d left the office).
The defense sent the Brady email to the current prosecutor on the case, who did the right thing and dismissed the case yesterday morning.
FACDL-Miami has previously expressed to the State Attorney our belief that an independent prosecutor’s office should be conducting the investigation into Michael Von Zamft and we will reiterate that position again. The email discovered in this case continues to show aJ need for change at the State Attorney’s Office – and we will continue to push for that change.
The email that was discovered through a Chapter 119 request is also a great reminder that Chapter 119 can be a great tool for the defense bar. Much of the misconduct uncovered in the last year has been through Chapter 119 requests – so if you’re not already using this tool, I’d encourage you to do so.
Congratulations again to Michele, Adam, Khurrum, and Alyssa. Their clients saw justice thanks to their incredible work. I’m so proud to be a part of this defense bar.
John Dean was recorded famously telling President Nixon that there was "a cancer growing on the Presidency" in recounting the issues surrounding the Watergate break-in and cover-up.
Listen to us Ms. Rundle. There is a cancer in your office. It is a culture of win at all costs and the with holding of exculpatory evidence. The more people dig into what MVZ did the more repulsive and anti-ethical acts they find.
This morning we learned of a prosecutor who is facing severe criticism in the office from his/her/their supervisors for turning over exculpatory evidence in a prosecution that will most likely cripple the prosecution. That this prosecutor is fearful for their job, and being attacked by their colleagues and supervisors is shameful. It is even more evidence that there is a cancer in the Miami SAO. It is a culture that has strayed afar from the maximum we well know you heard Janet Reno say many many many times- "go where the facts and evidence take you and do the right thing."
Your office is broken. You cannot fix it and you have been unwilling and unable to take the myriad of suggestions of people who do respect you that you need an independent panel to review what MVZ did and to dig a new well- because MVZ poisoned your well and the culture of your office.
A tragedy is brewing Kathy, and you will not be able to say next time that you have not been warned.
55 comments:
As the Honorable Edward Newman used to say, "The machine is broke, State. Fix it."
I use this:
Public Record Request, Section 119.07(1) Florida Statutes, Rule 2.420(2), Florida Rules of General Practice and Procedure, and Article I, Section 24a of the Florida Constitution. All public records requests shall be acknowledged promptly and in good faith, F.S. § 119.07(1)(c)
Florida Rules of General Practice and Procedure
Rule 2.420 - Public Access To And Protection of Judicial Branch Records
(2) "Judicial branch" means the judicial branch of government, which includes the state courts system, the clerk of court when acting as an arm of the court, The Florida Bar, the Florida Board of Bar Examiners, the Judicial Qualifications Commission, and all other entities established by or operating under the authority of the supreme court or the chief justice.
Public records are defined as "all documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, data processing software, or other material, regardless of the physical form, characteristics, or means of transmission, made or received pursuant to law or ordinance or in connection with the transaction of official business by any agency." Section 119.011(12), F.S.
https://www.fdle.state.fl.us/OGC/Public-Records.aspx
https://casetext.com/rule/florida-court-rules/florida-rules-of-general-practice-and-judicial-administration/part-iv-judicial-proceedings-and-records/rule-2420-public-access-to-and-protection-of-judicial-branch-records/rule-2420-public-access-to-and-protection-of-judicial-branch-records
When asking for email communications between the ASA and witnesses, how do you get around the "work product" argument?
What a shame
Michael Von Zamft, the gift that keeps on giving
Michele you are the best!
Folks this is disheartening. The SAO has become an unrestrained patriarchy. The citizens of Miami Dade county have lost trust with the justice system. There are feelings of fear and hopelessness for the accused, and extreme oppression and injustice.
more to come - public records requests will reveal much worse
Kathy keeps promising to review MVZ cases - it isn't happening - lies
Here we go again!
Calling DeSantis. He needs to take action.
The State should just hire Borchew to review all of MVZ cases. She'll get the job done.
Many ASA's are disheartened and can't imagine another four years of this incompetence and corruption
Chapter 119 'em all
A patriarchy? Run by women for the last 45 years? Hmmm. But hey, let’s not miss a chance to blame men, preferably white, for the problems of the world and everything else. Keep doing it and we will have Trump type presidents for a lot longer than any of us would like.
She’s the best
Patriarchy? Are you on drugs?
How many cases did this guy handle? How many ASAs did this guy train/advise over the years? How many of them became judges?
What obligation should the defense attorney involved have in this situation? He/she was aware and involved in this situation and turned a blind eye to an obvious violation. Curious on everyone’s thoughts
Here we go. Can someone please guide this stray ASA so that the shit they’re drowning in taste more like pudding.
Whenever an ASA believes, rightfully, or wrongfully, that they are being targeted for doing the right thing. Someone has done something wrong.this can easily be made right.
I agree 100% and the cooperating witness’s plea should be vacated for the despicable and unethical representation.
He was training and/or supervising every ASA before his disgraced resignation/retirement. And at least two of his minions that I know of are on the bench — Silver and Miller
In the words of DMX, “same old shit dog, just a different day.”
They need to speak up. Defense bar shouldn’t be the only ethical people in this community. They need to be more worried about what is right and less worried about winning and their shit job. Stand for nothing, fall for anything.
(1 of 2)
For more than three decades, Kathy has served as a pillar of justice in our community. During much of that time, I have admired her dedication to public service, supported many of her initiatives, and proudly considered her a colleague. Yet, in light of recent events, I feel compelled to join the growing number of voices calling for Kathy’s resignation.
In recent months, the State Attorney’s Office has been embroiled in scandals stemming from unethical conduct by prosecutors under Kathy’s leadership. The fact that some of these prosecutors remain in their positions is both troubling and indicative of a leadership that has lost its focus on serving this community with integrity.
Initially, like many others, I gave Kathy and her team the benefit of the doubt. I assumed these lapses were the result of inexperience, inadvertence, or perhaps even negligence. But then it happened again. And again. And again. Eventually, I was forced to confront an uncomfortable truth: continuing to excuse their actions required me to either suspend my common sense or betray my moral compass.
The consequences of this misconduct have been devastating. It has not only undermined the integrity of serious prosecutions but also shattered the lives of victims’ families who trusted the State Attorney’s Office to deliver justice. Dangerous criminals have escaped appropriate accountability—not because the evidence was lacking but because of prosecutorial mishandling of it. Families already devastated by loss have been further betrayed by an office they relied on to honor their loved ones’ memories. These families deserve justice—not sweetheart deals brokered behind closed doors or cases derailed by egotistical and corrupt practices.
Kathy has repeatedly promised reform, but those promises have proven empty. Months after pledging transparency and accountability, the public remains uninformed about the progress of internal investigations or the status of conviction reviews. Even recent claims of an independent review, initiated by them through outside counsel, raise concerns. Instead of proactively announcing such an important measure, the office chose to disclose it as part of a Q&A with the Miami Herald. Still, to this day, other than the handful of words alluding to it, the State Attorney’s Office has not officially announced any details about this alleged external investigation. This lack of transparency—even when ostensibly doing “the right thing”—fosters suspicion rather than confidence.
(2 of 2)
Ultimately, the failures of the State Attorney’s Office are failures of leadership—not only Kathy’s but also that of her inner circle. Many in her senior staff are career bureaucrats who have never practiced law outside of the office. This lack of diverse legal experience has created a narrow, insular perspective that undermines the office’s ability to meet the complex demands of justice. Such shortcomings trivialize the rights of both the accused and the victims, leading to systemic violations. As some have wisely observed, until prosecutors have walked in the shoes of defense lawyers—responsible for protecting someone’s life, including shielding them from government misconduct—they cannot fully comprehend the consequences of their own failings.
The Kathy I first knew was different. She was not swayed by opportunists or cynics. She was clear-eyed and resolute about her mission to dispense justice. Her principles aligned more closely with the ethics of Janet Reno than with the opportunism of Rudy Giuliani or Donald Trump. Most importantly, she cared deeply about her legacy. Tragically, her tenure is now synonymous with scandal, incompetence, and betrayal of fundamental justice.
It pains me to write this. I have witnessed firsthand the once-proud reputation of the State Attorney’s Office under Kathy’s leadership, and I take no pleasure in calling for her resignation. But the time has come for her to step aside. If she will not resign voluntarily, Governor DeSantis must intervene. The criminal justice system cannot withstand further erosion, and this community cannot endure another day of failed leadership.
The State Attorney’s Office desperately needs new leadership—someone with the vision, energy, and integrity to rebuild public trust, enact meaningful reform, and ensure that justice is more than an empty promise.
Kathy, for the good of Miami-Dade County, I urge you to resign. Your departure would be an act of service to the institution you have dedicated your life to and to the people you swore to protect. It is never too late to do the right thing. For the sake of justice, for the sake of this community, and for the sake of preserving what remains of your legacy—step down.
Regretfully,
A disappointed and concerned colleague and constituent
Don’t forget judges Garcia and Mato. All women. See a pattern?
Emails to and from witnesses are not work product. After a guilty, I always make a public records request for that stuff. Once I got an email from a prosecutor and cop..." When the defense lawyer asks you this question, this is your answer." Motion for new trial denied. Broward SAO fought to cover it up.
The Miami Dade defense bar is the “only ethical people in this community”?
Hahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahaha
Yeah, right.
Curious question. Can I 119 an ASA’s text messages and call logs?
Is an ASA’s personnel file public record?
👏
Yes, with appropriate statutory redactions.
I would think yes for text messages if limited to matters relevant to their duties, like relating to specific cases, etc. I’m not sure about call logs (assuming you’re referring to the phone numbers) because those aren’t substantive, they don’t contain actual information, other than incoming and outgoing calls or texts. But keep us posted. This is good to know.
Guess who wasn't a career prosecutor... Michael Von Zamft. He brought the defense attorney "win at all costs" mentality with him to the SAO. How did that work out?
If they are texts about a prosecution, yes, but you’re leaving it at the mercy of the ASA to actually provide them…
Yes
Yes
Yes they will have to say something is work product or not, and not release it, BUT we can ask for the judge on our case to look at everything and make the ultimate decision. That’s what people are not realizing…. Sao doesn’t get to make ultimate decision… we are not realizing that as the defense bar and moving forward.
Yes
7:24 why do you do the public records request AFTER a guilty and not before?
Keep telling Rundle to resign, as if Desantis will replace her with someone who cares about the rule of law or constitutional rights! What a bunch of clowns here!
He was a public defender for like 5 minutes, relax. He was at the SAO for decades doing nefarious shit and training his minions how to do it too.
How do you think Bronwyn Miller and KFRs texted got out? They were requested via public records request. (Now I do believe they were edited, but that’s neither where nor there…)
If you’re a government official, your public communications (including emails and texts) are subject to public records requests.
To 6:41, you make the request after conviction (and appeal) because there is a public records act exemption for open criminal cases.
Yes let’s get Desantis to appoint a new state attorney. What could possibly go wrong?
To the ASA (9:58 am) who loves to use the word “clown” (you know who you are, and so do I), aside from the obvious gaslighting the defense bar with threats that defendants will be treated harsher by a new SA, not to mention your understandable desire to keep your job, under your theory there’s nothing your office can do that would justify replacing Kathy. Like the abusive and manipulative partner who tells the abused that they won’t find someone better, so might as well put up with the abuse. I think what you really mean is that Kathy and her inner circle fear a DeSantis appointee. For that matter you should fear any future successor from the opposite political party. In any event, clown, nice try.
Never stopped me from requesting and receiving. Especially email communications.
Matt Gaetz needs a job.
I'm a defense attorney and am dismayed (though not particularly surprised) by the various recent SAO scandals, and no doubt more is coming. KFR has clearly lost control of her office and is the opposite of an effective leader. And she still hasn't reckoned with the extent of the MVZ problem, let alone with other obvious problem children in her office. However, it is not crazy to think that her remaining in place is the least bad option. If she resigns or is removed from office Desantis will pick her replacement. He views prosecution as a way to get back at his political enemies or score political points (see voter fraud prosecutions which he couldn't get KFR to do and brought with statewide). He will appoint someone who is loyal to him and his regressive vision of what Florida should be. We all know there are many good prosecutors in that office, though not as many as there used to be. Do you really think they will stick around under a Desantis appointee? Most anyone with experience can easily get another job making more money. And that's if the new appointee doesn't fire them first. I don't know what the answer is, but it's a long time before the next State Attorney election.
I don’t disagree with you. Also a defense attorney. KFR should be able to both stay AND weed out the bullshit. The problem is she’s refusing to do the weeding.
6:22 pm, your point is valid and well-taken but when is enough enough? Just as 4 years would be too long under a DeSantis appointee, 4 years is equally long to endure the systematic breakdown of our local criminal justice system. Especially when it is obvious that our elected SA doesn’t respect - and I would argue has contempt for - most of our judges and the the majority of the local defense bar. And their actions will continue to harm defendants and victims alike.
I actually think it’s too late to trust them to be objective, honest and transparent. They are emboldened. They don’t believe there are consequences. Kathy is a lame duck. This has to be her last term whether she intended or not. She can’t be so naive to think that she won’t draw strong opposition in 4 years or that she will be re-elected in light of these recent scandals. So what incentive do they have to do the right thing and do it swiftly?
What happened to the 45-day deadline they promised the FACDL to get back to them with a concrete and tangible plan to address the MVZ scandal and other shortcomings? Did they do so? What is the plan?
Was the plan the hiring of outside counsel like they recently told the Herald in a conspicuous sentence buried amid a larger Q&A? Did they inform the FACDL or the judges when the plan was implemented? Isn’t that what most organizations do in order to placate public concerns? Don’t most organizations want to get ahead of the story and let everyone know in the most public way possible that they are doing something about it?
Who is outside counsel? What is their mandate? What is their scope of work? Any restrictions or limitations on what counsel can and cannot do? Is the SAO the client or have they waived the attorney-client relationship so that outside counsel is free to publish their findings? Otherwise, counsel is essentially muzzled.
Perhaps I’ve missed all of it and the SAO has done all of these and more. Perhaps they’ve been forthcoming and transparent. But if they haven’t, then you must ask why not?
Returning to your point, I guess what we must ask ourselves as fellow members of the bar, officers of the court, and constituents who are entitled to uncompromised representation by our elected SA, is whether we’re better off with the devil we know.
Time will tell.
Seriously Matt Gaetz is available
Is KFR going to pardon herself her family and her inner circle when she’s leaves office 😂
Post a Comment