SECOND POWER OUTAGE UPDATE: Someone ran over to FPL with a credit card and paid the bill and the power in the courthouse has been restored. Let justice flow...
TUESDAY POWER-OUTAGE UPDATE- There is a total power outage at the Lawson family courthouse. Apparently someone forgot to pay the bill. Again. No estimated time for restoration of power as of 2:08 pm. So once again, judges and litigants are left in the dark. Let the puns flow...
There is a reason why we relentlessly mock and criticize the Dade state attorney's office for abandoning their discretion and surrendering the ability to do justice when their drones roll up to the court podium and intone "victim wants max". Because tragedies like this occur:
Jessie Askew was 23, broke, and a new father in 1998, when he and a friend went into a fresh market where he worked, wearing masks, and demanded cash. It was a stupid and botched robbery. Kelly Burke was a new prosecutor in Georgia, intent on establishing a tough reputation. Angry that Askew had elected to go to trial despite the overwhelming evidence, he won and sought imposition of Georgia's mandatory life without parole sentence. Sound familiar? Young prosecutor trying to make a name. Trial tax. Mandatory sentence with no judicial discretion. Young and immature defendant under intense pressure and making stupid choices.
So here we are 28 years later. Askew is a grandfather and mentor to young prisoners. Burke is retired, dying of cancer, and has spent over a decade trying to right the most serious wrong of his career. This is what a real prosecutor does, although in Mr. Burke's case, it took a long time and the perspective of age and experience to bring him to the conclusion he was part of grievous wrong.
It all came together, as the NY Times reports here, with Burke testifying and advocating for Askew, while, not surprisingly, the Georgia AG was digging in their heels and trying to finish the destruction of a man's life by arguing that the motions were untimely filed. Nothing like throwing up procedural roadblocks when a man's life is at stake.
This is a feel-good (sort of) story. The judge granted the motion and Askew was freed.
The larger lessons here are that 1) young prosecutors often feel the only way for them to make a name for themselves is to be tough on crime because they are no longer taught that the greatest thing they can do in fulfilling their special role in the criminal justice system is to achieve justice; 2) mandatory sentences remove the checks and balances that a (hopefully) fair judiciary can apply when a prosecutor is simply seeking the max; 3) laws need to be reformed to allow these motions to be brought without the untimeliness roadblock prosecutors love to throw.
Victim wants max? At least one prosecutor in Georgia decided (better late than never) that that is not the way to run a criminal justice system.
Will this matter in Miami where the Dade SAO has mostly forfeited their obligation to seek justice, as it is layered with chiefs, assistant chiefs, and nameless supervisors who only want to keep their jobs and won't stick their necks out to do the right thing? Probably not with this administration.
Janet Reno told all prosecutors that their job was to do justice. When was the last time Ms. Rundle said that and meant something other than "victim wants max?" We invite her to respond, but don't hold your breath.
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| Former Prosecutor Kelly Burke, with Mr. Askew's mother, in court, trying to do the right thing. |
56 comments:
I've heard ("heard" being the operative word), Kathy is not that terrible. It's the chiefs under her that have no compassion, no heart, no ability to see the human in defendants. It's too bad she is drowned out by those unreasonable chiefs. The whole office needs a shake up. I very much look forward to the end of the KFR era and the start of the next. Hopefully when the next SA comes in they clean house!
The problem with minimum mandatory penalties ( omitting murder, ultra violent offenses and extent of priors) is that it eliminates the much needed "checks and balances"...so integral to a democratic government. No offense to the prosecution, but with life experience comes essential knowledge, yet the very nature of a prosecuting office is that it usually made up of lawyers' first job out of law school. Get rid of these minimum mandatory penalties, create something similar to the federal "safety valve" so that there is an incentive to plead early, impose strong incentives for betterment in the prison system and allow motions to mitigate if there is obvious rehabilitation and many of these issues can be better addressed.
Tanned. Rested. Ready. VON ZAMFT 2028!,,,
Just demanded money with a mask? No firearm? I agree he shouldn’t get life either way but if he pulled a gun on someone that’s an important fact you omitted.
Let’s assume as a 23 year old making very bad choices he did display a gun. Does that merit a life sentence? Isn’t 25 years enough ? More than a quarter of a person’s life ? I thunk 10-15 is more than enough especially for a first serious offense. We have to have some hope in the maturity and humanity of people.
So a prosecutor in another state who did the wrong thing, and is trying to now do the right thing, is the mold that all other prosecutors are formed of. Ridiculous and beneath you, Rumpole. It’s amazing how you fail to acknowledge the hundreds of good people who have worked as local ASAs, but trot out one amoral jackass as our model. People’s lives are irreparably damaged by murderers, robbers, thieves, rapists, drunk drivers, etc. and you defend their rights for money, and that’s a good thing. But those of us who try to defend the law and the victims of those offenders are immoral? Come on… even you don’t buy into that hypocrisy. Lastly, I’m still waiting for someone-anyone- to identify who at the SAO has expressed the “win at any cost” mantra.
Maybe learn to read. I’ve repeatedly praised prosecutors. Especially those trained by Janet Reno and her staff. The current group with their mindless “victim wants max” are deeply troubling as is the current SAO mindset not to extend themselves to right a wrong. And in that regard I have specific proof based on my dealings with them. I’ve exonerated - note the E word - close to a half a dozen clients and not once has the dade SAO ever agreed to the motion. And in one case two prosecutors kept telling me “You know us. We wouldn’t convict an innocent person.” Until I got the proof that showed that is exactly what they did and they knew it.
And thank goodness I had a courageous judge who ruled based on the evidence my team was able to uncover and introduce. In my opinion they have learned ZERO from the Von Zamft fiasco. It one damned thing. Have you seen them announce any changes? No. Why? Because that would be a tacit admission to wrongdoing. Something Kathy will never do. And I know this personally.
Actually I’ve named several and each time Rumpole has responded to me that he cannot post what I have written without 1000% proof although he has also responded that what I have sent him appears to be deeply troubling. So give him credit for being careful with peoples reputations.
True
Names of the chiefs? Hold them accountable!
“Winning at all cost” campaign slogan. However he no longer lives in Florida.
@3:38PM Case Removed: Judge Andrea Ricker Wolfson removed prosecutors Michael Von Zamft and Stephen Mitchell from a re-sentencing case of gang leader Corey Smith.The Accusation: The judge cited "Perry Mason-type revelations" regarding the use of jail informants to secure testimony, labeling the tactics as "winning at all costs".Investigation: The Florida Association of Criminal Defense Lawyers requested an independent review of Miami-Dade State Attorney Katherine Fernandez Rundle’s office due to these practices.Prior Example: A 2013 Miami Herald report highlighted a case where a different judge ordered prosecutors to pay a defendant’s legal costs for pursuing a case using similar aggressive, "reprehensible" tactics.
Bye bye “win at all cost”
For what?
How about Judge Peter Adrian and his unfair sentences if you went to trial.
Rumpole do you remember him?
Clean the house! Chiefs need to go!
Out of your mind. Not even for dog catcher.
Tell us which judges and prosecutors have done the right thing. The good need to be celebrated even as we protect the guilty.
@7:56 De la o has done the right thing many times. Judge Wolfson, Judge Brinkley, Judge Jean, Judge Hirsch, Judge Altfield. The list ends there from my personal knowledge.
Judge Sayfie, Judge Thomas, Judge Redbull have always done the right thing
Jail informants? Prosecutors have way too much power.
Prosecutors do the right thing? I can’t think of anyone.
Judge Christine Hernandez was a superb and fair prosecutor, and I’ve encountered the same experience now that she’s a judge. Walsh was great also.
Vote Von Zamft-Mitchell 2028. Winning doesn’t come fairly.
@3:38 - The "prosecutor in another state" did something that requires integrity and courage. Name one ASA here who has displayed these characteristics: someone who publicly opposed the position of the office due to concerns about justice or fairness. Or someone who lost their job in doing so internally. And by the way, criminal defense lawyers also "try to defend the law" - the constitution. And many of us are doing it as APDs, not "for money."
Holy sht I was just going to report that I’m on the first flr escalator. Then I got to the 2nd flr and I’m out of breath because it’s not working!
Milian needs to be included with the group of Judges that routinely does the right thing whenever he can
Kathy isn’t so bad she just doesn’t have control of her ASA’s or her office. She’s hasn’t in decades. Her inner circle of chiefs tell her what she wants to hear then go back and do what they want. The office is a total mess. Time for new leadership.
VonZamft Mitchell 2028 “win at all cost”
This can't be serious
You are operating in a judicial circuit with a seventeen percent conviction rate. What in the actual hell are you people talking about?
Can someone give an example that doesn’t list MVZ, Mitchell, or the Corey Smith case?
Can we agree that it’s unfair to paint an entire office and therefore each ASA working there as “win at all costs” when there are actually ASAs who are fair and reasonable? You don’t have to defend or indict an entire system based on one case.
17th percent conviction rate…Just more incentive to “win at all cost” However , to “ win at all cost” is more of a small man ego rather than an office wide conviction rate.
He’s a great guy I agree
The Rabbi shooting case.
No one has indicted the “whole entire system” However, it is crucial these two unethical rogue ASA’s get reprimanded. There has to be an investigation into every case they have closed.
I don’t think Janet Reno would have put up with VonZamft and Mitchell’s antics. The way Mitchell conducts himself in that office, he is a complete unprofessional.
Who was Judge Peter Adrian?
Yes, of course Judge Sayfie. And so far I have also had great experience with Judge Hernandez.
Judge Hernandez’s husband is a terrible detective. But it’s nice to know she can remain a superb and fair judge despite that. And she’s always open to recuse if parties have a problem with her being married to a detective.
The Corey smith case was not the start of the “win at all costs” rhetoric. Come back to reality.
As a young ASA I tried and convicted the first person to be sentenced under the Evelyn Gort act. Petit theft turned into robbery when he shoved the merchant. The qualifying priors were burglaries-homeless guy breaking into structures. Asked for and got 30 years w 10 year minman from Judge Levenson. Was on the front page of the Herald the next day. Met a bunch of friends at the airport as we were travelling the next day and showed them my accomplishments in the paper. They were appalled at the sentence and I felt like the douche I was. Several year later, I was no longer an ASA, ASA Laura Uriarte (love her) called and said this guy filed a 3.850 it was untimely but what did I think. I said please let him out and she did. I wasn't a particularly aggressive ASA I was just immature and rolled with it. This was at the height of the Career Criminal 3 strikes your out etc craze. A lot of people took big hits , and still do, on relatively minor matters.
I don't know what "reality" you want to come back to - what I see here is pure tribalism. "All prosecutors at SAO bad!" Reply: "Rumple, all prosecutors good!" Reality is much more nuanced. In and out of that office. I've had bad experiences and frankly, good experiences. We all know who will actually let someone rifle through their box file unfettered and who wouldn't. I also know which fellow defense bar member who I'd watch out for if I was across the aisle. Reality? Please go to the real world, where reality isn't black and white.
the guy is dying he wants to clear his conscience because he thinks there is a sequel where his good deeds will be rewarded, but there is only nothingness for all of us!
Judge Hernandez is ok - her “husband” is not… he has been shady for years. Everyone has accepted it…let’s not..
Rumpole,
Any thoughts about FLA’s newly redrawn Congressional districts? Besides the question if the redistricting violates the FLA Constitution Fair District Admendment, A III, sec. 22, is there an argument that changing the boundaries after qualifying, filing for office and the closing of the period to file violates both the US and FLA Constitutions Ex Post Facto clauses?
“Kathy doesn’t have control of her ASA’s”. This is done intentionally. Plausible deniability. ASA’s are free to do what they wish.
12:38PM of course it wasn’t the start. This just made everyone aware what’s been going on.
Did you feel pressured into it from your higher ups or were you just a narcissistic megalomaniac of an ASA?
Wow, crazy motion and crazy article about MDPD Segovia. Let’s play a game — How many formers senior prosecutors refused to even work with Segovia??
ROC should be investigated for human rights violations. In NO REALITY should a young man get 50 years for a technical violation. That happened last week.
No one said all prosecutors are bad ... but when you remain silent and acquiesce in the misconduct or dont set yourself apart from it by handling your cases with a high level of professional honesty and integrity -- one must wonder if the bad apples spoil the bunch
It’s a problem. I see it every day in court. The attys aren’t prepared. Motions are written poorly and jury instructions? Even worse. Meanwhile, our asa’s DC is supposedly “hands off”. Like that’s a good thing. They need training. These fkers can drag a 20 page calendar out 5 hours. Don’t blame the judges. I’m watching it in real time right now. It’s like Groundhog Day.
A- yet again, no one can cite to anyone at the SAO who worships at the “win at any cost” altar.
B- when we prosecutors do the right thing, it doesn’t make headlines. It’s part of what we do every single day. We no action/knp unprovable cases without alerting the media, so the bitter defense bar pretends it doesn’t happen.
Note: Judge Wolfson is not an ASA. Her opinion is just that, an opinion. I’m still waiting for anyone to Id who at the SAO said or intimated that we ASAs were to ignore the facts and the law and win at any cost.
Oh please 🙄
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