MORE ON THE SAO MOST RECENT SCREW UP

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

MORE SHAME FOR THE DADE SAO

 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. 

  

SWING AND A MISS...STRIKE ONE

 No this is not a baseball thread, although your Cleveland Indians are currently the hottest-team in baseball. 

The Dade State Attorneys Office  hire for a training officer cum putative porno writer has, Elvis like, left the building!. Hired to give a "defense attorney perspective" to prosecutors, there were issues from the get-go. "When writing a BDSM scene and encountering a prepositional phrase, the semi-colon is your best friend" was apparently not what your State Attorney envisioned in the training sessions with new lawyers. 

The news announcement was the standard pablum for someone being let go...new opportunities to explore, spending more time with family, the time required to edit a book on male dominance...you know, all the regular explanations when something doesn't work out. "It's not you...it's me" blah blah blah. 

So this comes to mind. WTF WERE THEY THINKING? 

Aren't there any well-respected defense attorneys in the Miami area they could have approached? One whose outside the office activities do not expose the office to ridicule, not to mention a fairly repugnant view  (or maybe we should say "outdated") of relationships. 

Fool me once, shame on you. Fool me twice and have Ron Jeremy star in the adaptation of your novel. 

Can you imagine the Power Point presentation on playing chess with discovery. "Look carefully for any evidence of innocence, and then..." next slide  "He sipped his drink with one hand whilst sliding his hand up the back of her dress with the other. No she murmured, really meaning yes..."  "Oh wait! How did that get in there? NEXT SLIDE!" 

On to the next hire!

1) Former judges released from prison in the Court Broom Scandal. "How not to bribe someone on the bench."

2) Mike Satz needs something to do so we hear. 

3)  An AI holographic imagine of Alex Michaels. "So I vas right all along about Von Zamft..."

List your nominee in the comments (but be nice). 

HELP WANTED APPLY WITHIN

 Need a job? It's apparently sign and go this Friday, so long as you can pass a simple test. 

Can you say "victim wants max" ?

Can you say "state is withdrawing all plea offers because the defendant filed a motion to dismiss or suppress." ?

Can you say "I need to speak to my supervisor about that" ?

Can you say "the state is offering probation but after trial will be seeking five years and this is not a trial tax" ? 

If you can say and believe in those four simple statements then an exciting career as a bureaucratic automaton robot Assistant State Attorney in the Magic City of Miami awaits you. 

STATE ATTORNEYS OFFICE COVID CRISIS

 The Dade County State Attorneys Office is in Covid19- Delta Variant freefall. 

How many employees are sick?  Like the Florida weather, wait a minute, and it will change. The count is above the number of fingers you have. 

8,9,10- the emails from a State Attorney Human Resources official come flooding in, minute by minute, announcing the positive test of another employee and listing  the courtrooms the employee was at:

"We are announcing the positive result of four employees, who went to courtrooms 4-1 (hugged two PDS), 3-4- (high fived a clerk), 2-3 (kissed a court reporter hello on the cheek). Three employees in the family court building attended a "what delta variant party?" without masks and played Twister. All are now sick."  And on and on the emails come. 

On Monday Herald Super Reporter @DavidOvalle305  tweeted about an SAO email announcing more positive employees and then a minute later updated the tweet with another email from the SAO announcing that another employee is sick. 

We take a moment to pause and reflect on the fact  that the State Attorneys Office has a "human resources division". Back in the day, when an ASA was in trouble they got called into Janet Reno's office. And depending on the nature of the issue, either chief investigator Ray Havens was sitting next to her (BIG TROUBLE), or one of her chief assistants like George Yoss, Lenny Glick, Kathy Rundle, or Shay Blichick.  The ASA got yelled at, and if Chief Havens did not read the ASA his/her rights,  they slunk out  of Reno's office and back to their  desk at a cubicle on the sixth floor and resumed their  duties and took out their  anger by raising all their plea offers to the PDS for the rest of the week. 

Ovalle wrote an article in the Herald here, detailing how covid is ripping through the legal system including a harrowing tale of former REGJB lawyer Todd Michaels-fully vaccinated-  trying a civil case without a mask and getting sick. Very sick.  An anonymous judge was quoted as saying potential jurors not wearing masks, who are coughing, decline a mask when the judge offers them one. The Judge said he/she is powerless to force them to wear a mask or ask if they are vaccinated. 

Not wait just a cotton picking moment. 

A judge can start their calendar at nine or ten, A judge can require male lawyers in the middle of 95 degree weather in August with 5555% humidity to wear a jacket and a tie; a judge can require gentlemen to remove their hats when in the courtroom, a judge can require that everyone stand for goodness sakes when they glide on to the bench, majestically clad in black, but a judge cannot require someone in their courtroom to wear a freaking mask? 

You  have got to be kidding us. 

LIARS AND THE LYING LIARS WHO LIE ABOUT LIARS

For shame Kathy Rundle. Your office's policy on police officers who lie darkens the reputation and memory of Janet Reno and a prosecutors' office once  known throughout the country for its integrity. 

We are speaking about this Power Point slide deck training prosecutors about how to deal with police officers who lie. 

Let us step back for a moment and consider the topic. Police Officers who have demonstrably lied in official proceedings and prosecutions of defendants who could lose their liberty. 

There is nothing more powerful than a prosecutor arguing to a judge that a police officer has no reason to lie and therefore their testimony should be accepted. And the argument is compelling, except it is patently false because our criminal justice system is littered with innocent defendants convicted on the false testimony of police officers. 

Prosecutors have one of two roads to travel when confronted with a whiff of a police officer lying. 

Road one is the road that the Dade State Attorneys Office has unfortunately chosen to travel which is to apply a microscopic hair-splitting legal analysis and avoid turning over what is clearly Brady material (judges who do not understand this concept are free to email us for a more detailed explanation of Brady) unless it is absolutely necessary. 

The second road, call it the "Reno-Road" is to "do the right thing" and turn over anything that relates to a defendant being innocent and a police officer lying. 

USA Today concluded this in an article about lying police officers, Brady, and the Dade SAO:

In Miami-Dade County, internal training presentations obtained by USA TODAY show prosecutors being taught legal tactics to avoid disclosing officers’ histories.

The documents say prosecutors don’t have to go out of their way to disclose, and the burden of proving they covered up a questionable officer’s history is on the defense.

Let's repeat that slowly-  The Dade County State Attorneys Office trains its prosecutors not to "go out of their way" to do justice. They want to win, and if winning means not disclosing information about a police officer lying, then so be it unless all the "T"s are crossed and all the "I"'s are dotted. 

The Dade County State Attorneys Office teaches its prosecutors not to "go out of their way" to do justice.  This  is shocking to its core. 

For shame. 

Every Judge in the REGJB should be shocked by this. Every judge should tell every prosecutor that until they are shown otherwise, the representatives of the Dade SAO will NOT be believed when they say they have complied with the Brady and Gigglio obligations. 

People's lives are at stake. And we have a bunch of bureaucratic yahoos playing legal niceties and games with the law.  

No Janet Reno-trained prosecutor would ever tolerate this. None. 

For shame. 

From the Dade SAO Power Point training - they think this is funny.

 to disclose, and the burden of proving they covered up a questionable officer’s history is on the defense.

In Miami-Dade County, internal training presentations obtained by USA TODAY show prosecutors being taught legal tactics to avoid disclosing officers’ histories.

The documents say prosecutors don’t have to go out of their way to disclose, and the burden of proving they covered up a questionable officer’s history is on the defense

In Miami-Dade County, internal training presentations obtained by USA TODAY show prosecutors being taught legal tactics to avoid disclosing officers’ histories.

The documents say prosecutors don’t have to go out of their way to disclose, and the burden of proving they covered up a questionable officer’s history is on the defense.

YEAR IN REVIEW

It's never too late to look back at the last year. And especially for our intrepid prosecutors and their office, more than two months into 2018, they have published their 2017 year in review. "Better late than never" they often say about discovery and their Year-In-Review. It's perhaps the most anticipated document in the South Florida Legal Community, other than, of course, the yearly traffic citation stats, and the pedestrian flow analysis for the south end of Brickell Avenue.

So here it is, and pay particular attention to the crowing about the prosecution of former North Miami Beach Mayor Myron Rosner (husband of Judge Sarah Zabel) in the FRAUD section. 

The entire document cannot help but engender in our mind the wise words of the greatest man of the 20th Century- Winston Spencer Churchill: "In War, Resolution. In defeat, defiance. In Victory, Magnanimity. " Magnanimity doesn't appear in their dictionary. 

The Russians, so often in the news these days, have word for this type of document:  агитпроп,  which means Agitpróp. 

sao year in review by Anonymous PbHV4H on Scribd

SAO NEWSLETTER

FANTASY FOOTBALL UPDATE: Two full divisions- three spots left in one division. We can open up another division if we get more players. Send an email to fbpool12@gmail.com to try and win courthouse bragging rights and other valuable prizes. (no purchase necessary, void where prohibited by law.) 

News from the SAO Office Newsletter (because prosecutors read the blog too and they should get their due recognition):

Assistant State Attorney's (ASAs), Jessie Friedman and Sara Narkes, won a conviction on charges of Felony Battery, False Imprisonment and Resisting Without Violence.

ASAs Breezye Telfair from the Public Corruption Unit and Rachel Walters from the Gangs/Homicide Prosecution Unit convicted a Prison Release Re-Offender (PRRP) of Attempted 1st Degree Murder and Armed Robbery

Chief of the Sexual Battery Unit Laura Adams and ASA Sophiea Bailey from the Economic Crimes Unit got a conviction on 2 counts of Sexual Battery before Judge Rebull.

Division Chief (DC) Scott Warfman and ASA Jennie Conklin successfully prosecuted a 2nd Degree Murder case before Judge Colodny.

DCs Bill Howell and Alicia Priovolos convicted a defendant of 1st Degree Murder before Judge Sayfie.

ASA Cristina Cabrera with an assist from ASA Wei Xiang won a guilty verdict for Burglary/Unoccupied Dwelling and Grand Theft.

ASA Ayana Duncan and co-counsel ASA Ethan Timmins convicted on charges of Tampering With Physical Evidence and Resisting Without Violence before Judge Hirsch.(We double checked the SAO newsletter and this is exactly how the sentence reads. We doubt these two fine prosecutors were convicted and fully believe they successfully OBTAINED a conviction for the above charges. Memo to KFR: language matters. Get a good editor.)

Homestead Mayor Steven Bateman has been arrested for felony crimes derived from using his official capacity as Homestead mayor to provide himself with private employment and private income. 

Circumstances relating to needed sewage system upgrades in downtown Homestead provided Mayor Bateman with an opportunity to gain supplementary private payment for functioning as Homestead's elected mayor in violation  of Florida's criminal statutes.

As Homestead's elected mayor since November 2009, Steven Bateman has been advocating for the development of the city's downtown area. Community Healthcare of South Florida Inc. (CHI) a Florida not-for-profit corporation founded in 1971, received $1.89 million in Miami-Dade County funds to build a Children's Crisis Center in downtown Homestead. However, construction could not commence due to the "absolute moratorium" on new sewer connections in the area until a sewage pump station could be replaced.  Problems with Homestead's plans and design for the proposed pump station replacement and Miami-Dade County's existing consent decree with the Federal Government all worked to stall the Children's Crisis Center project, frustrating both Mayor Bateman and the leadership of CHI.

In February 2013, Mayor Bateman became a paid consultant for CHI and at the end of February, CHI authorized payments to Mayor Bateman of up to $120,000 for one year of services.  The CEO of CHI, Col. Brodes Hartley Jr., recalled Mayor Bateman offering to assist the agency with its construction program.  Col. Hartley clearly recalled that Mayor Bateman solicited employment at this same meeting.

Subsequent to his hiring, Mayor Bateman performed a number of actions relating to the Homestead sewage situation in which he ostensibly was acting as the Mayor of Homestead (i.e. meeting with the Mayor of Miami-Dade County and making contact with Homestead city employees) and for which he billed his employer, CHI, for his work. 

  

"Enriching oneself by utilizing an elected public office not only enrages the community, it is a crime," commented Miami-Dade State Attorney Katherine Fernandez Rundle.  "This is a very sad day for the people of the City of Homestead