Miami-Dade Judge Orders Prosecutors Removed from Death Penalty Case Due to Misconduct
Background
In a rare order, a Miami-Dade circuit judge has removed prosecutors from a death penalty case, citing instances of misconduct. The judge, Andrea Ricker Wolfson, found that the state manipulated witnesses, withheld relevant records from the defense, and attempted to set up a jailhouse meeting between two witnesses and a third man with a history of helping prosecutors.
The Smoking Gun
The developments come in the case of Corey Smith, sentenced to death for two of four murders he was convicted of committing or arranging in the 1990s as the leader of the John Does, a violent drug gang based in Liberty City. The case is being re-sentenced, as the jury was not unanimous for death in 2005.
The "smoking gun" in the case is a jailhouse call between Michael Von Zamft, a longtime senior prosecutor, and Latravis Gallashaw, a partner of Smith’s in the John Does, who was also convicted of murder and drug trafficking. In the call, Von Zamft discussed making a key witness, Tricia Geter, "unavailable" and referenced a jailhouse meeting between two witnesses and a third man with a history of helping prosecutors.
Misconduct
The judge found that Von Zamft’s comments could be interpreted as a desire to eliminate Geter, and that "reasonable minds may reach a different conclusion based on the totality of the circumstances." The judge also cited the state’s manipulation of witnesses, improper withholding of records, and attempts to set up the jailhouse meeting.
Consequences
As a result of the misconduct, Von Zamft, along with two other prosecutors, have been removed from the case. The state attorney’s office has not commented on whether it will ask the governor for an executive order to investigate the matter.
Conclusion
The case has raised questions about the integrity of the justice system and the conduct of prosecutors. The judge’s order has sparked calls for a criminal investigation into the matter.
Frequently Asked Questions
Q: What is the case about?
A: The case is about a man named Corey Smith, who was sentenced to death for two of four murders he was convicted of committing or arranging in the 1990s as the leader of a violent drug gang.
Q: What is the controversy surrounding the case?
A: The controversy surrounds the conduct of the prosecutors, including Michael Von Zamft, who discussed making a key witness "unavailable" and referenced a jailhouse meeting between two witnesses and a third man with a history of helping prosecutors.
Q: What is the outcome of the judge’s order?
A: The judge has removed the prosecutors from the case, and the state attorney’s office has not commented on whether it will ask the governor for an executive order to investigate the matter.
Q: What is the significance of this case?
A: The case has raised questions about the integrity of the justice system and the conduct of prosecutors. It has also sparked calls for a criminal investigation into the matter.
