March Misconduct

From one day to the next, two massive cases of criminal justice misconduct were uncovered for the public. One involves prosecutorial misconduct spanning two decades in Miami, Florida. The other involves forensic science misconduct in Colorado.

Miami - Judge disqualifies two prosecutors in death penalty case

On March 6, 2024, Judge Andrea Ricker Wolfson issued a scathing and thorough opinion disqualifying two prosecutors, Michael Von Zamft and Stephen Mitchell, for their misconduct in a death penalty case going back to the early 2000s. The defendant, Corey Smith, was convicted and sentenced to death in 2005.

But recently, significant instances of misconduct including Brady violations and witness manipulation came to light. Specifically, the defense put forth evidence that the prosecutors failed to turn over letters regarding a massive sentencing reduction benefit received by the state’s main cooperating witness, that the prosecutors gathered their cooperating witnesses together to get their stories straight, and that ASA Von Zamft would make a witness “unavailable” if she refused to testify the way the state wanted.

“The Court cannot help but wonder how many more instances would have been unearthed had there been more time for the defense to investigate,” wrote Judge Wolfson.

Indeed, one of the greatest hurdles defense attorneys face when trying to allege Brady violations or other prosecutorial misconduct is actually bringing the misconduct to light. It just so happened that ASA Von Zamft brazenly committed misconduct on a recorded jail line.

In closing, Judge Wolfson noted:

"Even though the misconduct in the call was due to Mr. Von Zamft, the Court took special note of the fact that Mr. Mitchell emphatically argued at the end of the hearing that there has been no unethical conduct at any point in time, past or present, by Mr. Von Zamft, himself, or his office. Mr. Mitchell has unfortunately shown that he shares Mr. Von Zamft’s prosecutorial philosophy of winning at all costs, at least when it comes to the Defendant’s case.”

The Miami defense bar applauded Judge Wolfson’s opinion following its release. Many defense attorneys took special note of the fact that, at the bottom of the filing, Judge Wolfson cc’d The Florida Bar. It will certainly be interesting to see how The Florida Bar handles this matter and whether the prosecutors are disciplined.

Update: The Florida Association of Criminal Defense Lawyers (FACDL-Miami) released a fantastic demand directed at Miami State Attorney Katherine Fernandez Rundle. You can read FACDL’s full statement here.

Colorado - Investigators looking into forensic scientist

On March 7, 2024, the Wall Street Journal reported on an investigation into Colorado forensic scientist Yvonne “Missy” Woods. The case resembles the famous drug lab scandal out of Massachusetts. As the WSJ reports, the state is now having to retest approximately 3,000 DNA samples Woods handled after her work has come into question. It is unknown whether Woods is facing criminal charges.

DNA evidence is used all the time in criminal cases, particularly in cases involving violent crime. Mishandling or purposefully altering DNA results could result in an individual’s wrongful conviction. This is not only tragic for the accused person, but for the victim and the victim’s family as well—when the wrong person is behind bars, the actual perpetrator remains free.

These two cases highlight the necessity of strict oversight of prosecutors and those working with prosecutors to obtain convictions by independent bodies.