Miami’s state attorney announces changes in her office as misconduct allegations swarm

Amid a growing chorus of complaints that state prosecutors are cheating in court to “win at all costs,” Miami-Dade State Attorney Katherine Fernandez Rundle said Monday that her office is reviewing allegations of misconduct and reassigning some prosecutors, and will create a forum for vetting “systemic” issues facing the criminal justice system in this county.

Fernandez Rundle’s comments to the Miami Herald came just hours after she met with representatives of the Miami chapter of the Florida Association of Criminal Defense Lawyers, who’d handed her a binder of misconduct allegations six weeks ago. Defense attorneys said prosecutors’ misbehavior robs defendants of a fair trial, and could lead to an innocent person being framed.

Fernandez Rundle said the vast majority of employees in her office are “ hard working, underpaid, dedicated, devoted people that work at the State Attorney’s Office every day administering justice because they care about this community.” But, she said, a “handful” of allegations warrant attention. In some cases, judges have already ruled that prosecutors made mistakes or acted inappropriately.

“There are some things I’ve heard and discovered that are of concern,” Fernandez Rundle said.

Defense attorneys began clamoring for her attention after Miami-Dade Circuit Judge Andrea Wolfson removed two state prosecutors, Michael Von Zamft and Stephen Mitchell, from the high-profile, Death Row re-sentencing case of gangster Corey Smith. Von Zamft was accused of misconduct, including attempting to tamper with witnesses, and making what some saw as a veiled threat when one witness grew uncomfortable with testifying. Mitchell was ousted for vigorously defending Von Zamft’s behavior.

Bolstered by Wolfson’s order, defense attorneys in Miami coalesced on their claims of misconduct. In a meeting with Fernandez Rundle in May, Lauren Field Krasnoff, president of the Florida Association of Criminal Defense Lawyers’ Miami chapter, delivered a stack of what defense lawyers said were 15 recent instances of misconduct.

“If not for the Corey Smith order, none of this happens,” Krasnoff told the Herald Monday.

In recent weeks, two additional judges ruled that prosecutors had violated the rules in other pending Miami-Dade criminal cases.

The cases in question

The material from Krasnoff, dubbed a “binder of corruption” on a Miami courthouse blog, contained allegations that have received mixed results from judges who ruled on them. The claims range from a prosecutor addressing an attorney by her first name and interfering with witnesses during depositions, to allegations that prosecutors withheld evidence, bullied a witness and engaged in selective prosecution of a mother whose son was shot and killed by police.

Also in the pile is the case of Taji Pearson, who was sentenced to life in prison in January in connection with a murder. Defense attorney Michele Borchew alleged the state’s witnesses were secretly compensated, and a judge partly agreed with her in a recent ruling. The Miami Herald reported on prosecutors’ use — in that case and others — of confessed murderer William “Little Bill” Brown to collect information from inside the jail over the past decade. Experts told the Herald the use of Brown was improper and likely unconstitutional.

The reporting about inmate Brown was highlighted by the National Association of Criminal Defense Lawyers in a June 17 statement calling for reforms in Fernandez Rundle’s office.

“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,” Michael P. Heiskell, president of the organization, said.

Among the changes Fernandez Rundle announced Monday: She has replaced prosecutor Mitchell on the Pearson case. As with the Corey Smith case, Mitchell was co-prosecutor with Von Zamft on the Pearson case.

Both cases will be handled by prosecutors Justin Funck and Rebecca DiMeglio. They and other high-ranking attorneys in the office will pore through boxes of trial evidence in both cases to make sure it is given to defense attorneys. Failure to turn over important evidence was a key allegation made by defense attorneys.

Reached Monday, Krasnoff said the meeting was “productive and it was cordial.”

Rundle also agreed with the defense lawyers’ request for a committee where prosecutors and defense attorneys could meet to discuss problems. Fernandez Rundle said the committee would not air grievances related to specific cases, but rather would focus on “systemic” problems. It will be led by Marie Mato, who leaves the State Attorney’s Office in January to take the bench as a circuit judge.

“It’s a big system that needs to work well together, and synchronize,” the state attorney said.

The defense lawyers had hoped for a prosecution integrity unit, but that was not among the planned reforms. Krasnoff said her chapter will review the planned changes in a special meeting scheduled for next week.

“I appreciate her time,” she said. “It was good to hear about the steps she’s made.”