FACDL-Miami's Demand For Reform

President: Dianne E.
Caramés Secretary: James DuBray

President-Elect: Lauren Field Krasnoff Treasurer: Alex John Saiz
Vice President: Zena X. Duncan Immediate Past President: Michael Davis
DEMAND FOR REFORM BY STATE ATTORNEY KATHERINE

FERNANDEZ RUNDLE FOLLOWING THE DISQUALIFICATION OF
MIAMI-DADE COUNTY PROSECUTORS
The recent Order disqualifying two Assistant State Attorneys from a capital case
affirms what the criminal defense bar in Miami-Dade County has known for years:
the State Attorney’s Office for the Eleventh Judicial Circuit of Florida has a long-
standing culture that too often promotes the prosecutorial philosophy of winning at
all costs. It is time for State Attorney Katherine Fernandez Rundle to address the
pervasive ethos that runs through her office.
The Miami Chapter of the Florida Association of Criminal Defense Lawyers

(“FACDL-Miami”) calls on Ms. Fernandez Rundle to (1) appoint an independent
prosecutor to examine every case handled by Michael Von Zamft, Stephen Mitchell,
and Joshua Hubner during their tenures at the office; and (2) reform the Conviction
Integrity Unit, to be staffed by attorneys not previously employed by her office and
supervised independently, to review past convictions to uncover possible miscarriages
of justice. In whatever form a “Justice Project”1 exists at the office now, that Unit has
allowed miscarriages of justice like the one in Mr. Smith’s case to continue since its
implementation. Only by taking immediate and drastic action can the State Attorney
begin to rectify the damage caused by her office over decades.
Prosecutors are given tremendous responsibility. With their power, they have a
fundamental obligation to ensure the fair application of our criminal laws. Re-election
after re-election, the people of Miami-Dade County gave Ms. Fernandez Rundle and
her Assistant State Attorneys the power to arrest, to charge, and to prosecute the
people of our community, trusting that they will uphold their commitment to justice.
Their decisions and their actions lead to the incarceration of members of that
community. Prosecutorial misconduct and ethical violations, like the ones committed
in Mr. Smith’s case, not only harm the accused person in an individual case but harm
everyone in Miami-Dade County. This type of behavior stains the credibility of the
entire criminal justice system and every case prosecuted within it.
1 Notably, neither the Florida Bar nor the Florida Senate recognize the “Justice
Project” as a Conviction Integrity Unit. See https://www-
media.floridabar.org/uploads/2019/11/White-Paper-Conviction-Integrity-Units.pdf;
and
https://www.flsenate.gov/Session/Bill/2022/1200/Analyses/2022s01200.pre.cj.PDF
President: Dianne E. Caramés Secretary: James DuBray
President-Elect: Lauren Field Krasnoff Treasurer: Alex John Saiz
Vice President: Zena X. Duncan Immediate Past President: Michael Davis
In Mr. Smith’s case, the Court heard evidence of over 20 years of misconduct
committed by multiple prosecutors who handled the case. The disqualification of Mr.
Von Zamft and Mr. Mitchell (and the pronouncement that Mr. Hubner would have
been disqualified but for his resignation), as well as the mandatory reporting to the
Florida Bar, begins to address the risk of future prejudice against Mr. Smith.
However, neither sanction serves to right past wrongs committed by these tainted
prosecutors nor to address the systematic problems at the Miami-Dade State
Attorney’s Office. To ensure the administration of due process and justice, an
independent prosecutor must review every case handled by Mr. Von Zamft, Mr.
Mitchell, and Mr. Hubner, report any instance of misconduct to defense counsel and
to the Florida Bar, and establish a reformed Conviction Integrity Unit to investigate
and identify any other instances in the Miami-Dade State Attorney’s Office where the
invasive win-at-all-costs philosophy affected the fair administration of justice.
Ms. Fernandez Rundle’s response does not adequately address how her office will
respond to the findings of the Court, the disqualification of her Assistants, and the
evidence of over 20 years of misconduct committed by those in her employ. Now is the
time for the State Attorney to acknowledge her office’s failures. Now is the time for
the State Attorney to act to right the wrongs of her office and her prosecutors. And,
now is the time for the State Attorney to commit to changing the culture of her own
office.
If Ms. Fernandez Rundle continues with business as usual, without recognizing the
need for structural change, she implicitly encourages her prosecutors to continue the
pattern of misconduct. She must not only condemn the actions of the prosecutors in
this case, but also acknowledge a large-scale problem that can only be addressed with
the appointment of an outside, independent prosecutor and the establishment of a
unit designed to uncover the failures that exist.
Until Ms. Fernandez Rundle takes these necessary steps, residents of Miami-Dade
County should fear the continuation of the persistent miscarriages of justice that are
currently prevalent in our county. We demand that Ms. Fernandez Rundle put an
end to this injustice.
Board of Directors
FACDL-Miami
March 11, 2024

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President: Dianne E.

Caramés Secretary: James DuBray

DEMAND FOR REFORM BY STATE ATTORNEY KATHERINE

The Miami Chapter of the Florida Association of Criminal Defense Lawyers

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