A Message from the State Attorney |
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Dear Friend,
Thanksgiving has kicked off the holiday season and the countdown to 2023 has begun! For all of us, this past year has been filled with challenges, lessons learned, opportunities, and accomplishments. When I reflect on 2022, I am proud that we at the State Attorney’s Office rose to the occasion no matter what situation we faced.
When speaking about our State Attorney’s Office staff, I never tire of saying that I truly have the “Best Team in America”! I say it often because it is so, so true. It takes a very special kind of person to work in public service, especially in an office that deals with some of the most difficult and heartbreaking issues facing our society. We assist victims, their next-of-kin, and witnesses of crimes who have all experienced life-altering situations. We know first-hand the pain they feel.
It is our responsibility, and our privilege, to serve as their voice in the criminal justice system in both the courtroom and in the community. We work together with an amazing team of government and community agencies to assist in providing our victims with a safety net of services and resources. Our goal is always to help them move forward and rebuild their lives.
I am extremely moved when I see the positive impact our work has had on the lives of those individuals affected by crime. It motivates me to continue the work we are doing and to keep finding innovative ways to keep our community safe.
We also help those charged with lower-level crimes learn from their past mistakes, address their needs (including addiction and mental illness), and otherwise make necessary changes so they can find better employment, provide for themselves and their families, and otherwise contribute to our community in a positive way.
Just recently, I was approached by a woman at our November “Second Chance” Program Sealing and Expungement event. She had heard about our program and hoped that sealing her decades old case would allow her to pursue her lifelong professional dream. She cried tears of joy as she told me how excited she was about the prospects of putting the past behind her and beginning anew.
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The knowledge that we make a such a big difference in the lives of so many people is humbling and overwhelming. All of us in the community are blessed to have staff and prosecutors who work so diligently every day to keep the wheels of Smart Justice in motion. They are angels on earth.
I am also grateful for all of you who work with us and support our mission. Thank you for helping us obtain the resources we need and otherwise supporting our great team.
I wish you all the happiest of holidays!
Thank you and God Bless,
Sincerely,
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Five Arrested in Phase One of
Hammocks HOA Board Investigation
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State Attorney Katherine Fernandez Rundle held a press conference to announce the conclusion of the initial phase of her criminal investigation into the operation of the Hammocks Homeowners Association (HOA) and the arrests of 5 individuals.
“In the detailed arrest warrant, we are alleging that the individuals taken into custody transformed the homeowner’s association into a criminal enterprise intended to benefit certain board members, their relatives, their relatives’ businesses, and potentially, others yet to be charged,” said State Attorney Fernandez Rundle.
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“The 18,400 individual homeowners and residents living in the 6,500 homes that comprise the Hammocks, who ultimately pay all the bills through their HOA fees, are the true victims of this criminal enterprise,” she continues.
“This case is not closed by these arrests and remains an ongoing criminal investigation into the activities of the charged individuals and the actions undertaken by the HOA. If we uncover other evidence of criminal activity, or as we uncover other evidence of criminal activity on the part of any other board members, we will act accordingly,” added the State Attorney.
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State Attorney Katherine Fernandez Rundle Calls for Reform of HOA Oversight &
Protection of Homeowners' Rights
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Theft is Too Easy in Florida’s Homeowners Associations
by
State Attorney Katherine Fernandez Rundle
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The recent arrests of members of the Hammocks Community Association have shed a long overdue public light on the plight of helpless homeowners when the directors of a Homeowners Association (HOA) go deliberately wrong.
The Florida Legislature specifically designed Florida’s HOA law to limit government’s ability to regulate HOAs, explaining, “it is not in the best interest of homeowners’ associations or the individual association members thereof to create or impose a bureau or other agency of state government to regulate the affairs of homeowners’ associations.” While this may be a virtuous conceptual approach, it has created the unintended consequence of leaving homeowners with little, if any, protection or opportunity of redress when HOA board members raid association bank accounts. In the recent criminal case, we believe the evidence can prove the theft of well-over $1 million of homeowners’ monies, but feel the actual loss is much higher.
Sadly, we have seen instances of greedy or unscrupulous board members take advantage of this lack of oversight for their own benefit before. They often hide their misconduct by making it extraordinarily difficult and expensive for homeowners to effectively access and examine any records. Ironically, homeowners typically are stuck paying exorbitant legal fees for accessing information for which they should be entitled. Current law renders the only Florida agency with the slightest regulatory authority, the Department of Business and Professional Regulation (DBPR), impotent to provide the oversight that HOA residents deserve and makes it unnecessarily burdensome for law enforcement officers to obtain evidence of wrongdoing.
In 2016, I brought similar problems regarding condominium oversight and financial records accessibility to the attention of our Grand Jury. Their detailed report included a number of recommendations to alleviate the problem. While condominiums are not HOAs, the problems of records accessibility and financial mismanagement are surprisingly similar.
Homeowners in HOAs should be protected. Based on experiences learned during our criminal investigation, I believe the Florida Legislature can take several steps that would go far to provide homeowners throughout Miami-Dade County and all of Florida without creating the government overreach the Legislature has rightfully wished to avoid. They are:
· Amend the HOA law to include the same minimal protections given to condominium owners
· Amend the HOA and condominium laws to provide criminal penalties for the destruction of association records or the failure to provide records upon lawful request.
· Amend both statutes to include criminal penalties for election fraud.
· Amend the law to allow DBPR to oversee HOAs and Condominiums more effectively. At a minimum, the Legislature should authorize DBPR to inspect records and to personally fine board members for failing to comply with the law or provide reports to members timely.
· Expand the Florida Condominium Ombudsman’s ability to oversee condominiums and allow the Ombudsman to review HOA complaints.
I was gratified to see the Miami Herald’s Editorial Board recognizing some of the challenges we face during our ongoing criminal prosecution and continued investigation into the Hammocks Community Association and the clear need for focused change in the oversight of Florida’s thousands of HOAs. As always, I would welcome the opportunity to work closely with any of our legislators who would like to address the homeowner victimization suffered in one of Florida’s largest HOA. This important issue is far too significant to ignore.
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SAO & CABA Holiday Toy Drive |
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State Attorney Katherine Fernandez Rundle and members of her CABA Toy Drive Committee attended the CABA Annual Elections, an event that yielded an excellent collection of toy donations from the attendees.
SAO Victims Services Administrator Sandra Lawrence, Chief Information Officer Harry Fisher, and Media/Public Information Officer Lissette Valdes-Valle, hosted our Toy Drive table and were overwhelmed with the generosity of the many lawyers, including some of our very own prosecutors, who contributed new and unwrapped toys for our joint CABA/SAO Toy Drive benefitting the children of victims of crime.
Contributions continue to be accepted through December 9th via the collection boxes in the lobbies of our different SAO office sites. Please help us put a smile on the face of children who otherwise would not have a present to open during the holidays. Remember the toys must be new and unwrapped.
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SAO Second Chance Program Hosts
The Clean Slate Initiative and TED Talks
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State Attorney Katherine Fernandez Rundle and members of her Community Outreach team had the opportunity to meet with The Clean Slate Initiative Executive Director Sheena Meade, Senior Adviser Margarida George, and TED Talks representatives prior to our “Second Chance” event to share information about the Program’s origins, the successes of those who benefit from the Program, such as the ability to obtain gainful employment, entry into secondary education, and housing, and most importantly, how we can collaborate as partners to streamline the eligibility process and expand the Program. The guests were then provided with a tour of our event process.
The Clean Slate Initiative is a bipartisan model that works to update and expand eligibility for arrest and conviction record clearance if a person stays crime-free for a period of time. Clean Slate is rooted in the American Dream - the belief that if you work hard, you should be able to get ahead and provide for your family.
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SAO Second Chance Program Ends Year
in Homestead
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State Attorney Katherine Fernandez Rundle joined our Community Outreach Director Nilo Cuervo and Representatives, SAO volunteers, and our former colleague and current Miami-Dade County Commissioner Kionne L. McGhee, for the last “Second Chance” Program event of this year.
The event was held at Phichol Williams Community Center in Homestead and our community partners and stakeholders who join us each month for the events were also there, including Miami-Dade Public Defender Carlos Martinez and Florida Rights Restoration Coalition Executive Director Desmond Meade and Deputy Director Neil Volz.
Together, we assisted 60 individuals with 32 qualifying to seal/expunge their criminal case. That’s 53% who now have new and exciting opportunities available to them!
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Miami Center For Mental Health
and Recovery Site Visit
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State Attorney Katherine Fernandez Rundle and Chief Assistant State Attorney Stephen Talpins, who oversees the SAO’s Mental Health Unit, joined the Honorable Steven Leifman; Associate Attorney General of the United States Vanita Gupta; and from the Bureau of Justice Assistance at the U.S. Department of Justice, Deputy Director for Policy Ruby Qazilbash, Director of the Bureau Karhlton F. Moore, and Director of Criminal Justice Innovation, Development, and Engagement Karen Friedman; and Director of the Council of State Governments Justice Center Megan Quattlebaum, for a site visit to the Miami Center for Mental Health and Recovery, a comprehensive system of care for individuals with serious mental illnesses and substance use disorders who frequently cycle through the criminal justice and other acute care treatment systems.
With over a decade in the works, this is the first of its kind, and anticipates opening its doors for treatment instead of incarceration to mental health crisis patients and individuals who qualify for diversion programs in the next six months. With space for 280 individuals, this multi-functioning facility will offer residential housing for up to 90 days, medical care including vision and dental, and amenities such as activity rooms, community rooms, and even a basketball court.
Combined with programs of research and education, the Center will serve as a model for facilities of this type throughout the nation. The Center will develop and disseminate best practice standards in clinical care, training, education, implementation science and evaluation, and community outreach and advocacy to build a healthier, more compassionate, and fiscally responsible Miami-Dade County.
State Attorney Katherine Fernandez is proud to have joined her colleagues in the Eleventh Judicial Circuit as a stakeholder in the creation of this state-of-the-art treatment facility for the dually diagnosed who find themselves in the criminal justice system and otherwise qualify for treatment in lieu of incarceration.
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State Attorney Katherine Fernandez Rundle Hosts Broward State Attorney Harold Pryor at
SAO Human Trafficking Center
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State Attorney Katherine Fernandez Rundle and members of her Human Trafficking Unit and Task Force hosted a meeting and tour of the State Attorney's Human Trafficking Center for Broward County State Attorney Harold F. Pryor, his Deputy Chief Assistant State Attorney in Charge of the Sexual Battery Unit Neva Rainford-Smith, Anti-Human Trafficking Coordinator/Community Outreach Director Jumorrow Johnson from Broward County SAO and Chief Assistant State Attorney Adrienne Ellis, and Palm Beach County Deputy Chief Assistant State Attorney Alexcia Cox to discuss best practices and strategies for a Human Trafficking Task Force and Center implementation in their respective counties.
State Attorney Katherine Fernandez expressed the importance of the tri-county areas having a task force and center, as Florida ranks 3rd in the nation for human trafficking cases.
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Identifying & Treating Victims of
Human Trafficking
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State Attorney Katherine Fernandez-Rundle joined students of Miami Regional University for a “Health Care Professionals Self-Efficacy in Identifying & Treating Victims of Human Trafficking” virtual meeting where she shared human trafficking awareness strategies and our efforts with aspiring health care professionals.
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Fall 2022 Grand Jury Empanelment |
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State Attorney Katherine Fernandez Rundle, Chief Assistant State Attorney Don L. Horn and Deputy Chief Assistant Scott Dunn conducted the empanelment of the Fall Term 2022 Grand Jury.
The Grand Jury serves a very special function in Florida's criminal courts. The only charge a State Attorney cannot file based on his or her constitutional authority is First Degree Murder. All First Degree Murder cases must be presented to a Grand Jury.
The actual deliberations of the Grand Jury are secret by statute and consists of 21 citizens who have been summoned and empaneled by a Judge of the Circuit Court. The Grand Jury is an agency and an arm of the Circuit Court and is uniquely independent.
The Miami-Dade County Grand Jury is answerable to no person or agency of government except the Court that empanels it and, even then, only to the extent that it may exceed its authority and privileges.
To read an overview of the Miami-Dade County Grand Jury and how it functions to administer justice in Florida’s 11th Judicial Circuit, please click here.
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Judge Grants No Bond for Father and Grandmother Accused of
Kidnapping 6-Year-Old Boy
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Ex-Firefighter Sentenced to Life in Prison for Child Molestation, Threatening Ex-Wife With Gun |
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Current, Former Board Members of Hammocks HOA Accused in
$2 Million Theft, Fraud
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Criminal Probe Into Board of Florida’s Largest HOA Widens as Prosecutors Seize Records |
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10 Charged in Scheme to Falsely Obtain Elevator Repair Certificates
in Miami-Dade
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Miami Trump supporter convicted of shooting at men after argument over Biden flag on Jet Ski
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Coral Gables Rotary Club Honors
State Attorney Katherine Fernandez Rundle
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State Attorney Katherine Fernandez Rundle was honored to address the members of the Coral Gables Rotary Club during their weekly Luncheon Meeting.
The group had requested the State Attorney share insights into the Grand Jury and its process, and how the State Attorney’s Office guided this process with respect to the Surfside condo collapse.
During the event, Rotary President Ana Fournaris and Program Chair Felix Pardo announced that in recognition and appreciate of the State Attorney's time and talent, the Club had made a donation in her honor to the Rotary International Polio Plus Program.
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Coconut Grove Ministerial Alliance |
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State Attorney Katherine Fernandez Rundle was honored to meet with a distinguished group of pastors and leaders from the Coconut Grove Ministerial Alliance in the West Coconut Grove community.
The State Attorney shared information with them about our various programs and services, including our successful Sealing & Expungement “Second Chance” Program, elderly exploitation and domestic violence, and the pastors were very appreciative of the fellowship.
The SAO’s Community Outreach Division has been very involved in the Grove, as well as other parts of the City of Miami, helping communities with crime prevention, educational programs and closing the gap between police officers and residents.
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Community Outreach in Action |
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Community Outreach Representative Angie Fernandez conducted our S.T.A.R.T. Program presentation for several classes of students at Ronald W. Reagan/Doral Senior High School.
The students really enjoy Angie’s presentation and she is invited back twice a year to speak to the students. The S.T.A.R.T. Program provides a 5-step processing strategy for children and youth to deal with crisis situations. S.T.A.R.T. is an acronym for the steps that the child or youth will utilize to ensure good choices are made in a crisis situation; choices that will lead to good consequences (Stop, Think, Ask, React, Tell).
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Community Outreach Representatives Ana Hume and Angie Fernandez conducted a presentation on Sextortion to students and staff at Keiser University at the invitation of Professor Alex Camacho, Criminal Justice Instructor at Keiser University - Miami Campus.
Professor Camacho has made awareness of this subject matter part of a semester curriculum as he is cognizant that Sextortion is a serious crime that occurs when someone threatens to distribute your private and sensitive material if you don't provide them images of a sexual nature, sexual favors, or money.
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Community Outreach Representative Luis Martinez partnered with Crime Prevention Specialist Suhail Nazario from City of Miami Police's Flagami Station, and attended the Camacol Tower November Crime watch meeting in Little Havana, where he conducted a presentation to their elderly residents about our EVA and Identity Theft Programs and Hurricane Preparedness.
For more information, please visit www.miamisao.com/community/
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Judge Monica Gordo,
Florida Third District
Court of Appeal
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This month we highlight a distinguished
alumnus of our SAO family.
We present our SAO Alumni Profile -Judge Monica Gordo
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· Sexual Battery/ Child Abuse Unit DC Natalie Snyder and DC Khalil Madani secured a guilty verdict against a former Miami-Dade Firefighter on charges of Aggravated Assault, Robbery by Sudden Snatching, Battery, multiple counts of Lewd and Lascivious Molestation for the sexual abuse of his daughter, and Capital Sexual Battery for incidents involving a member of his family who is a minor.
After years of domestic abuse, the Defendant’s wife decided to leave him and take the children. This coincided with the Defendant’s working at the site of the Surfside condo collapse. He tried to meet his wife and their children (now teenagers and young adults) for lunch, but they refused. The Defendant went to the wife’s new residence where he proceeded to push her, pulled a gun on her, and took her phone so she couldn’t call the police. The oldest son was able to defuse the situation. After the Defendant left, they called the police, who arrested the Defendant for this domestic violence incident.
While speaking with police, the family disclosed secrets they had been holding in for years. Defendant reportedly had been touching a minor female family member and performing lewd and lascivious acts in front of her since she was four. It was also disclosed that the Defendant had anally raped another minor on three occasions when the child was seven years old.
During trial, the State explained the full family dynamic so the jury understood the controlling nightmare the Defendant created and that kept them from disclosing these crimes sooner. Past domestic violence incidents were admitted as Williams Rule evidence to illustrate their nightmarish family situation.
The jury also heard the Defendant’s previous admissions about touching the female minor family member. These admissions were made a few months prior to the Aggravated Assault incident when he told an acquaintance from a spiritual group that he touched his daughter when she was little. The acquaintance testified at trial.
The ASAs would like to send a big thank you to Trial Coordinator Valerie Ford who provided emotional support and guidance to the victims and their family throughout the trial.
· ASA Vianca Picart and DC Rachel Morales-Gellis secured a guilty verdict on two counts of Attempted Second Degree Murder, two counts of Aggravated Assault with a Firearm, and one count of Armed Robbery with a Firearm for a politically motivated attack that took place on Election Day, November 3, 2020. The atypical Voir Dire took several days, as the jurors were required to provide additional answers on the questionnaire relating to politics.
On the date of incident, the two male Victims spent the day enjoying Willis Island. When one of the Victims approached the Defendant to compliment him on his jet ski, the Defendant immediately became aggressive and responded, “How dare you speak to me, you Mexican pedophile!” This Defendant apparently was agitated because the Victim had a “Ridin’ with Biden flag” on his jet ski. The Defendant ripped the flag from the Victim’s jet ski and would not return it.
The Defendant continuously attempted to reach for something in his jet ski. Concerned that he may be reaching for a weapon, one of the Victims called 911 from the island. At one point, the Defendant was able to take out a bag from his jet ski, but his friends took the bag away from him. Eventually, the Defendant’s friends were able to convince him to leave the island and they returned the bag to him.
Shortly thereafter, the Defendant returned to the island alone, brandished a firearm, and chased after the Victims while they fled in fear. The Defendant shot at them, but narrowly missed. The Victims eventually lost control of their jet ski while fleeing from the Defendant on his jet ski and found themselves in the bay. While the Victims were treading water, unarmed and defenseless, the Defendant held them at gunpoint. Then he took their jet ski, leaving them in the water, and hid it in a manatee sanctuary.
The Defendant took the stand and told a creative but confusing story that crumbled when he was cross-examined by DC Morales-Gellis.
The ASAs would like to send a big thank you to Supervisor Elizabeth Frade, Trial Coordinator Reesa Chimara, Secretary Andres Stolk-Cocco, Victim Witness Services Supervisor Jennifer Estevez and our fabulous Litigation Support team!
· Congratulations to Career Criminal Robbery ASA Katharine “K.C.” Moore and Career Criminal Robbery Assistant Chief Kioceaia Stenson on their guilty verdict after a week and a half long trial in Repeat Offender Court. ASA Moore has had this case ever since the arrest in 2018. The Victims have patiently waited for justice to be served and everyone is grateful to the jury for their diligent and admirable service.
The Defendant was found guilty of Armed Burglary with an Assault, Attempted Armed Robbery with a Firearm, Attempted Armed Robbery with a Firearm, Aggravated Battery on an Elderly Person with a Firearm, two counts of Armed Kidnapping with a Firearm, Armed Carjacking with a Firearm, and Armed Burglary with an Assault.
The Defendant faces a mandatory life prison sentence on most of the counts. The charges stem from a robbery spree that began in Hialeah and ended in Miami. The jury deliberated for less than 2 hours.
On Sunday, December 2, 2018, at around 11:50AM, the Defendant entered a metal plating warehouse in Hialeah, pretending to be a customer picking up an order. The two employees at the business were confused since they were closed to customers. The employees were only there to catch up on orders they were behind on. The Defendant pulled out a firearm and held the first Victim at gunpoint before making him walk to the end of an elevated, grated catwalk where the second Victim was standing. The Defendant ordered them both to get on their knees and give him everything they had. The Victims were praying, crying, and begging for their lives. The first Victim had nothing on him and the second Victim handed over his wallet, from which the Defendant took his debit card before fleeing the scene in his very distinctive 2006 white Chevrolet Impala, which was caught on surveillance video. The Victims were able to identify the Defendant in a photo lineup.
An hour later, the Defendant went to a second warehouse in Miami where two more Victims were working painting and repair work. The first Victim was an elderly man who was bringing in tools from a van when the Defendant ordered him to go inside and get on the ground. The Victim does not speak English and did not understand. The Defendant became frustrated and struck him in the head. He then hogtied the elderly man and another employee, before taking their tools and the keys to their van. He drove the van with the tools to a dead-end cul-de-sac less than a block away and ran back to the warehouse where he had parked his car, the same 2006 white Chevrolet Impala used in the Hialeah robbery.
The Defendant was captured clearly on surveillance video running back to his car and then driving the car to the dead-end. He is on surveillance video moving the tools from the van to his car before driving away. The Victims were able to untie themselves and call for help using a kind stranger’s phone. The Victims were not able to identify the person who robbed them, but they gave a description of the tools and machinery that had been stolen and the license plate of their van for police to locate.
The Sgt. from Hialeah PD identified a partial license plate of the Chevy Impala from the Hialeah surveillance video after watching it countless times. He also observed that the vehicle had a decal in the passenger windshield, front end damage, damage to the right wheel well, and was a “police fleet” edition with bare, black hubcaps. He then spent hours looking at over 30 pages of vehicle registration records searching for any 2006 to 2015 white Chevrolet Impalas that were police fleet edition to see if any of them matched the partial plate he identified. One car matched the partial plate – a white 2006 Chevrolet Impala tag # KDG T99 – that was registered to the Defendant.
The next day, Monday, December 3, 2018, Hialeah police located the Defendant’s car at the address the Defendant included in the vehicle registration records. They surveilled the vehicle undercover. That evening the Defendant walked to the car, got to the driver’s side door, and then fled when he spotted a detective trying to apprehend him. He was able to escape
When detectives executed a search warrant of the Impala, they located a distinctive set of tools in the trunk that the Victims identified from photos presented to them by police as the tools as their specific drill set that they were using the day of the robbery.
The prosecutors are incredibly grateful to Victim Witness Counselors Shaun Williams and Karina Tamayo, Secretaries Chandra Taylor, Janice Jones, Jerry Pierre, Barbara Potts, and Angie Davila for their assistance throughout the trial and throughout the years leading up to this trial.
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